New Delhi, September 14: The Supreme Court on Friday modified its previous order that provided for setting up of a committee to deal with complaints of dowry harassment cases under Section 498A of the Indian Penal Code (IPC).
The top court had on April 23 reserved its verdict on a batch of pleas seeking revisiting of a judgement that had reduced the severity of the anti-dowry law on the offence of subjecting a married woman to cruelty by spouse and in-laws. Wedding Expenses Should Be Declared Jointly By Bride And Groom To Marriage Officer? SC Seeks Response From Centre in Dowry Case.
"We have protected pre-arrest or anticipatory bail provision in dowry harassment cases," said a bench headed by Chief Justice Dipak Misra and comprising Justices A M Khanwilkar and D Y Chandrachud. Uttar Pradesh: Man Kills Wife Over Dowry in Mandi Shyam Nagar, Case Registered.
The apex court, while modifying the verdict given by its two-judge bench, said that there is no scope for courts for constitutionally filling up gaps in penal law. "There should be gender justice for women as dowry has a chilling effect on marriage on the one hand. Check the ANI tweet below:
Dowry harassment cases under Section 498A of IPC: SC strikes down the need for "family welfare committee" to scrutinize each case before carrying out arrests. Court said that the law is being misused by some but its place is not to fulfill gaps left in legislation.
— ANI (@ANI) September 14, 2018
On the other hand, there is right to life and personal liberty of the man," the bench had said while reserving its verdict. 21-Year-Old Woman Killed for Dowry in Muzaffarnagar; Husband, Father-in-law Arrested.
A two-judge bench of the apex court in July last year had voiced concern over "abuse" of section 498 A (subjecting a married woman to cruelty) and passed a slew of directions, including that no arrest should "normally be effected" without verifying allegations as violation of human rights of innocents could not be brushed aside.
The bench was hearing a plea filed by an NGO 'Nyayadhar', an organisation formed by a group of women advocates of Maharashtra's Ahmednagar district, seeking sharpness in section 498A, claiming that the otherwise "helpful instrument" in the hands of victim women has become "valueless". (With Agency Inputs)