KOCHI: Kerala has many times topped the chart of criminal cases registered as per the provisions of the Protection of Women from Domestic Violence (PWDV) Act 2005. In an equally disturbing trend, the state has found its name in the list of most number of fake cases registered in the country. Many of them were filed by women against husbands and their relatives to settle scores under the controversial Section 498A of the Indian Penal Code (IPC). Under it, they can be fined and jailed for up to three years if found guilty of cruelty.
As many as 1,22,877, 1,13,403, 1,10,378 cases were reported in the country under the section in 2014, 2015 and 2016 in that order. Of which 8,144, 7,458, 6,745 cases, registered under section 498A IPC, respectively ended as Final Report False. During this period, a total of 12,042 cases were reported in Kerala of which 315 cases ended up as false. When it comes to the PWDV Act's misuse, the state witnessed 383 cases of which 17 cases were found to be false.
State Human Rights Commission acting chairperson P Mohandas said around 45 per cent of the cases reported under IPC Section 498 A were false. "Women use the section as a provision to tame their husbands and in-laws on flimsy allegations.
The Central Government move in pursuant of the Supreme Court July 2017 directive that no direct and immediate arrest shall be made under dowry harassment laws is a well thought-out one," said Mohandas. On the growing trend he said there were a lot of genuine cases. "The enormity of the false cases being registered has put the law enforcement agencies in a spot as identifying mental torture is a difficult task," he said.
The State Women's Right Commission says the number of false cases being reported in the state/country does not exactly reflect the reality but the issue forced it to challenge the apex court directive on the "misuse" of Section 498A of the IPC.
Kerala State Women's Commission chairperson M C Josephine told Express it has decided to implead in the petition challenging the Supreme Court move. In the wake of it, no police officers in the state are ready to arrest or apprehend the accused person under this section when the victims approach the law enforcers as a directive in favour of the accused was issued, she said.
She conceded there had been instances of settling scores by misusing the Act. But treating all cases with such a prejudice cannot be accepted. In fact, there are a couple of loopholes in the Act which work in favour of the accused. Further, the victims get demoralised when the cases reach the trial court and a good number of them withdraw from taking the cases forward due to various reasons, including pressure from various quarters. It is one main reason for the increase in number of fake cases being reported in the state, she said.