The Hindu : Spare innocent in-laws, judge tells probe authorities

Online edition of India's National Newspaper
Sunday, Feb 15, 2004

Tamil Nadu

Tamil Nadu

Spare innocent in-laws, judge tells probe authorities

By A. Subramani

CHENNAI, FEB.14. The Madras High Court has cautioned investigating authorities against arraying ``innocent in-laws'' as accused in dowry cases.

``Only when the authorities are fully satisfied that the in-laws are really involved in harassment, shall they be implicated as accused,'' said Justice A.K. Rajan.

He was dismissing an anticipatory bail plea by one Sangeetha, her father and two brothers, who moved the court as her parents-in-law committed suicide leaving behind a note stating they were unable to bear her harassment allegations.

Ms. Sangeetha lodged a complaint against her husband, T. Vignesh, and his parents, in the Sooramangalam police station (Salem), alleging that she was being harassed for dowry.

After getting a stay on the operation of the first information report, Mr. Vignesh preferred a complaint against his wife and in-laws. All of them obtained anticipatory bail.

Meanwhile, his parents committed suicide.

In their suicide note they said they were taking the extreme step ``due to the false complaint of dowry demand.''

Following a petition from Mr. Vignesh, the High Court directed the police to alter the case into Section 306 IPC.

The anticipatory bail was preferred by Ms. Sangeetha, her father Balakrishnan, and brothers, Iyyappan and Selvaraj following the alteration of charges.

Suicide note as dying declaration

Mr. Justice Rajan, holding that the conduct of Ms. Sangeetha and others was ``proximate to the death of the parents of Mr. Vignesh,'' said, ``prima facie, the suicide note left behind by the parents of Mr. Vignesh, can be treated as a dying declaration.

It appears that they committed suicide only due to the allegation made against them by Ms. Sangeetha that they demanded dowry.

Therefore, the provisions of Section 306 IPC appear to be attracted.''

The judge said though dowry menace prevailed among many sections, ``it had not pervaded the entire society due to educational advancement. Due to constant attempts by various organisations, women started complaining to the police about dowry harassment. Of course, it is a healthy sign.

At the same time, it is not uncommon that while such complaints are made, even innocent in-laws are arrayed as accused.

When false complaints are made, some people, unable to bear such accusations, go to the extent of committing suicide. This has to be taken note of by the authorities, and there must be restraint regarding such complaints against in-laws.''

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