Savitri Devi vs Ramesh Chand And Ors. 2003 CriLJ 2759. Para 18: The word harassment in ordinary sense means to torment a person subjecting him or her through constant interference or intimidation. If such tormentation is done with a view to coerce any person and in this case, the wife to do any unlawful act and in this case to meet the unlawful demand of property or valuable security, it amounts to harassment as contemplated by Section 498-A. Word Coercion means pursuading or compelling a person to do something by using force or threats. Thus to constitute harassment following ingredients are essential:- (i) Woman should be tormented i.e. tortured either physically or mentally through constant interference or intimidation; (ii) Such act should be with a view to pursued or compel her to do something which she is legally or otherwise not expected to do by using force or threats; (iii) Intention to subject the woman should be to compel or force her or her relatives to fulfilll unlawful demands for any property or valuable security Para 19 Only allegation against the respondents is that they did not like the clothes brought by the petitioner as customary gifts for relatives of the husband. One of the sisters-in-law remarked that had the marriage taken place with her sister, more dowry would have been received. These allegations when tested on the anvil of aforesaid tests, do not make out a case of either cruelty or harassment as contemplated by Section 498A IPC Non-acceptance of gifts might have hurt her feelings and other remarks might have been unkindly and incisive but by no stretch of imagination, such a conduct involves any of the ingredients of either offence under Section 498A IPC or 406 IPC. Neither such an act or conduct has the effect of driving the woman to commit suicide nor of causing grave injury nor, is likely to cause danger to life or limb nor did it amount to tormenting her either physically or mentally to compel or force her or her relatives to fulfilll the demands of any property or valuable security. For the foregoing reasons, the petition is highly misconceived and is being used Para 20. It appears that the legislature was mindful of the fact and situation that this provision may be exploited that it defined cruelty and for that purpose harassment falling within the parameters of intentional conduct of such a degree that may either drive the woman to commit suicide or cause danger to life, limb or health or cause grave injury. Of course health means not only physical but mental also. But unfortunately, these provisions have been abused by the Investigating and Prosecuting Agencies and exploited by the women and their relatives to such an extent that these have proved to be most ineffective in curbing the evil of dowry as well as disciplining the husband and his relatives to treat the woman in human and humane manner and give the bride or wife proper respect and honour. Para 21. Before parting, I feel constrained to comment upon the misuse of the provisions of Section 498A/406 IPC to such an extent that it is hitting at the foundation of marriage itself and has proved to be not so good for the health of the society at large. To leave such a ticklish and complex aspect of proposition as to what constitutes marital cruelty and harassment to invoke the offences punishable under Sections 498A/406 IPC to a lower functionaries of police like Sub Inspectors or Inspectors whereas some times even courts find, it difficult to come to the safer conclusion is to give the tools in the hands of bad and unskilled masters.
Posted on: Sat, 24 Jan 2015 05:35:14 +0000
Trending Topics
Recently Viewed Topics
© 2015