On the day of a legal victory for Muslim women against the deplorable practice of instant triple talaq, about 150 women’s organisations and networks drew the attention of the National Commission of Women (NCW) on yet another social ill – dowry – expressing concern over any move to “dilute” the existing law.
Representing women from Bihar, Bengal, Delhi, Karnataka, Assam, Maharashtra, Tamil Nadu, Kerala, Telangana, Madhya Pradesh, Uttar Pradesh, Goa, Rajasthan, Jharkhand, Himachal Pradesh and Gujarat, the women submitted a petition to the Chairperson, NCW, against the recent Supreme Court judgment on Sec 498A (Rajesh Sharma & Ors. Vs State of UP & Anr., Crl. Appeal. No. 1265/2017) and the Minister of Women and Child Development Maneka Gandhi’s order on setting up windows for men who allege that false cases have been filed against them.
The petitioners said women’s organisations and others who work on the ground with women survivors of violence, such as the Tata Institute of Social Sciences, Swayam, Shramajibi Mahila Samiti and Vimochana, have documentation and studies that show the real lived experiences and problems suffered by women using Section 498A IPC.
“Judicial decisions regarding women’s right to a life of dignity and free of violence, both physical and mental, in the matrimonial home, cannot be premised on hearsay, and anecdotes echoing embedded prejudice,” they said, urging the authorities to take all necessary steps to ensure that women’s access to justice is not diluted or obstructed.
In her response, Lalitha Kumaramangalam, Chairperson, NCW, said “it is necessary to delink the emotional issues being raised on misuse of Section 498A and argue for its effective use on purely legal logic and rationale,” said a release issued by rights organisations.
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