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Dowry law misfires: Don’t arrest first and then proceed with the case ( Copy Right @ The Times of India blog, Author- Swagato Ganguly)

Well meaning laws, if badly framed, can become a tool for extortion.  The Supreme Court has done well to build safeguards around Section 498-A , a provision of the law meant to target those guilty of dowry harassment – essentially to keep alive the basic principle of Indian jurisprudence that one is innocent until proven guilty. That principle is inverted by 498-A which makes dowry crime a cognizable and non-bailable offence. This has been interpreted to mean that anyone accused should be arrested the moment a complaint is registered. Given the ubiquity of marital quarrels and massive corruption among police forces everywhere in India, the extent of misuse of this provision    – for the sake of extortion or plain settling of scores — can easily be imagined. Neither should the issue be seen in a men vs women light. Because female relatives of a husband are equally liable to arrest in case of complaints against them. One is under threat not just if one is a married man but also i