Are Non-Resident Indians Passive Bait: Ramification Of Section 498 A Of The Indian Penal Code, 1860

Mahmood Alam Khan, Vivekananda College of Law, Mathura Bypass, Gonda Road, Aligarh, 202002, U.P. India

ABSTRACT

It is well documented probity from various Supreme Court Judgments, recurring home ministry guidelines and Malimath Committee reports that Section 498A as cognizable, non-bailaible and non-compoundable anticipated to deter dowry related cruelty. Rather than providing pragmatic shield, it dubiously becomes notorious as a weapon of disgruntled wives to set scores. With the continuous rising of divorce rate in the society, it envisage that misused by the educated elite women to torment their husbands and in-laws by utilizing smart tools for collecting evidences is paramount concerns to be considered before any arrest. Among all, the Non-Resident Indians (NRI) are perceived as fat-cat and soft target lot for the potential misuse of section 498A of Indian Penal Code of 1860, as their predicament and precarious affair is ultra susceptible, since they dwell in foreign land on work visa’s. Any false and frivolous case with omnibus allegations under 498A may jitters grievously such as losing job, prospects of getting future jobs since the police clearance certificate mandatorily required by many nations. However, with sequestered domestic job scenario and NRIs contribution of 2.9% of India’s GDP, which further projected to rise steeply with government plan to export skill labour to twelve friendly countries. Hence, the fear mongering concern of misuse of section 498A may leads to NRIs relinquishing Indian citizenship leading to nation’s intellectual and wealth loss, thus it is incumbent on government to devise tools to safeguard its NRI citizens from fraudulent cases and provision of penalty either from complainant or state government may accrued in line of article 14 (6) of the International Covenant on Civil and Political Rights 1966 (ICCPR) whose membership India acquired on 10th July 1979.

Keywords: 498 IPC, Non-resident Indians, Cruelty, Misuse, Cognizable, Supreme Court