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Good judgment from Hon’ble Bombay High Court which held that mere demand of money not coupled with cruelty/harassment, does not attract provisions of 498A IPC.
Citations :
Other Sources :
https://indiankanoon.org/doc/194898319/
The following are the complete list of gender-biased Laws (and many provisions in both Substantial and Procedural Laws) enacted in India under the guise of Article 15(3) of Constitution of India and some being continued those that were enacted even before the effective date of Constitution and even more before the Independence of India.
The thing to note is that, there are no comparable laws made to protect men and boys
Substantial and Procedural Laws of India
From Indian Penal Code, 1860 (Amended from time to time)
From Criminal Procedure Code, 1973 (Amended from time to time)
From Indian Evidence Act, 1872 (Amended from time to time)
Gender-biased Laws
Protection of Women from Domestic Violence Act, 2005
The Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013
National Commission for Women, 1990
Hindu Adoptions and Maintenance Act, 1956
Juvenile Justice Act, 2015
Some of the goals I set for myself here, include targeting some of the above discreetly.
Based on State of Rajasthan Vs Smt. Kalki and Anr judgment here and Dalip Singh and Others Vs State of Punjab judgment here, High Court of Madhya Pradesh gave this judgment differentiating the related witness and interested witness.
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Based on State of Rajasthan Vs Smt. Kalki and Anr judgment here, Justice N.V. Ramana gave this judgment differentiating the related witness and interested witness.
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On the same lines as this Supreme Judgment here in Dalip Singh and Others Vs State of Punjab, in this case also a 3-judge bench addressed the issue “Whether the word “related” means “interested”?”
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Supreme Court has held that a related witness would ordinarily speak the truth, but in the case of an enmity there may be a tendency to drag in an innocent person as an accused—each case has to be considered on its own facts.
From Paras 25 and 26,
“25. We are unable to agree with the learned Judges of the High Court that the testimony of the two eyewitnesses requires corroboration. If the foundation for such an observation is based on the fact that the witnesses are women and that the fate of seven men hangs on their testimony, we know of no such rule. If it is grounded on the reason that they are closely related to the deceased we are unable to concur. This is a fallacy common to many criminal cases and one which another Bench of this Court endeavoured to dispel in Rameshwar v. State of Rajasthan.”
In the said case, it has also been further observed: (AIR p. 366, para 26)
“26. A witness is normally to be considered independent unless he or she springs from sources which are likely to be tainted and that usually means unless the witness has cause, such as enmity against the accused, to wish to implicate him falsely. Ordinarily a close relative would be the last to screen the real culprit and falsely implicate an innocent person. It is true, when feelings run high and there is personal cause for enmity, that there is a tendency to drag in an innocent person against whom a witness has a grudge along with the guilty, but foundation must be laid for such a criticism
and the mere fact of relationship far from being a foundation is often a sure guarantee of
truth.”
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