*** Background *** ** The Laws ** In fact, “Dowry Prohibition Act” was incorporated as Indian Penal Code (IPC) under the section 302 in the year 1961. As per the law both demanding and giving dowry are crimes. (Refer http://wcd.nic.in/dowryprohibitionact.htm The Dowry Prohibition Act of 1961. The impact of the law on this century old tradition was least. Due to the very nature of the Indian society being Androcentric and the long prevalence of the joint family system, there has been an increasing demand in dowry from the groom and his family side before and after marriage which has resulted in the harassment of the bride and her family. Considering all the facts for years together, IPC has come up with a new law in the year 1983 under section 498a to control the domestic violence faced by the fair sex. (Refer http://www.498a.org/498aexplained.htm What is 498A and how is it misused?
This law, being Non-Bailable and Cognizable (recognized as crime) laid paths to its misuse. Till now this law is Compoundable (can be taken back or can be compromised) only in the states of [[Telangana]], [[Andhra Pradesh]] and [[Rajasthan]]. (Refer: http://menrightsindia.net/2015/03/government-proposes-making-ipc-498a-compoundable.html )
As per the strict instructions in the law, any wife can complain on her husband and his family members without providing any of any proofs. The police can immediately arrest all the people who are facing the allegations. Bails for the accused were at the discrimination of the magistrate/judge. They were considered criminals till their innocence is proved. But- * Being one of the laws which have been using most misused * Women aiming innocent men and by the time the accused are proved innocent men suffering irreparable losses in their lives * Apart from the primary accused, the allegations extending even to the in-laws, their old parents who are on the deathbeds, the siblings (both male and female) who are very far away or even in foreign countries, and sometimes even the non-exception of the infants in men's families * The law intended to the protection of a woman in the role of wife, being a curse the women in the roles of in-laws
have also been taken into consideration by the apex legal body, [[Supreme Court of India|The Supreme Court of India]]. Hence, it has been suggesting time and again that none of the accused (including husband) should be arrested unless necessary or the allegations are provided with ''prima facie'' evidences. <ref>[http://menrightsindia.net/2014/07/automatic-arrest-498a-says-supreme-court.html No automatic arrests in 498a, says Supreme Court]</ref>