Explorer

SC modifies its order on dowry harassment cases

The apex court, while modifying the verdict given by its two-judge bench, said that there is no scope for the courts to constitutionally fill up the gaps in penal law.

New Delhi: The Supreme Court Friday modified its order that provided for setting up of a committee to deal with dowry harassment complaints by protecting the provision of pre-arrest. 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. "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. The apex court, while modifying the verdict given by its two-judge bench, said that there is no scope for the courts to constitutionally fill up the gaps in penal law. "There should be gender justice for women as dowry has a chilling effect on marriage on the one hand, and on the other hand, there is right to life and personal liberty of the man," the bench had said while reserving its verdict. 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". The plea suggested that out of the three members in family welfare committees, at least two should be women and one should have done Masters in Social Work. It had also suggested recording of facts at the time of counselling and said the committee should also consider the economic status of the parties. A two-judge bench of the apex court in July last year had voiced concern over the "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 cannot be brushed aside. The bench had observed that many such complaints are not bonafide and "uncalled for arrest" may ruin the chances of settlement. The apex court had issued notices to Ministry of Home Affairs, Ministry of Women and Child Development and National Commission of Women and sought their responses while disagreeing with the July 27 verdict of the smaller bench.

Top Headlines

‘Was Pahalgam Executed By Centre?’ Mamata Targets Amit Shah At Bengal Rally
‘Was Pahalgam Executed By Centre?’ Mamata Targets Amit Shah At Bengal Rally
Khaleda Zia And India: From Signing Trade Pact With Manmohan Singh To Seeking ‘Democracy’ With Modi
Khaleda Zia And India: From Signing Trade Pact With Manmohan Singh To Seeking ‘Democracy’ With Modi
PM Modi Mourns Khaleda Zia’s Death, Recalls 2015 Dhaka Meeting: 'Her Contributions Will Be Remembered'
PM Modi Mourns Khaleda Zia’s Death, Recalls 2015 Dhaka Meeting: 'Her Contributions Will Be Remembered'
Share Markets Close On Weak Note, Sensex Almost Flat, Nifty Under 26K
Share Markets Close On Weak Note, Sensex Almost Flat, Nifty Under 26K

Videos

Breaking: Dehradun Student Murder Sparks Nationwide Outrage, Police Deny Racial Angle Amid FIR Contradictions
Angel Chakma Murder: CM Dhami Assures Justice, Announces Compensation
Breaking News: Sambhal Cemetery Land Survey Begins Amid Alleged Illegal Encroachment
Breaking: Almora Bus Falls into Gorge in Uttarakhand, 7 Dead in Bhikiyasain Area
Breaking News: Political Heat in Bengal as Amit Shah Meets Party Workers and Legislators

Photo Gallery

25°C
New Delhi
Rain: 100mm
Humidity: 97%
Wind: WNW 47km/h
See Today's Weather
powered by
Accu Weather
Embed widget