To curb misuse of law, SC bars immediate arrests in dowry harassment cases


Daijiworld Media Network - New Delhi (SP)

New Delhi, Jul 28: The Supreme Court (SC) held on Thursday July 27 that normally no arrests should be made in dowry harassment cases without the complaint being scrutinized by a committee of members from civil society. This order is expected to provide relief to a large number of husbands and family members who normally are arrested based on the complaint filed by the wife even before the her claim is verified. This order, which will have immediate affect on large number of cases, was passed by a SC bench comprising Justices Adarsh Kumar Goel and U U Lalit.

The bench observed that large number of cases under section 498A about dowry harassment of married women get filed and that the SC propose to involve civil society to help administration of these cases. The committees could be reviewed from time to time, and at least once a year by district and sessions judge who is the chairman of district legal services authority. Complaints should be referred to the committees within a month of receipt, the bench stated.

Solicitor general, A S Nadkarni and senior advocate, V Giri, whose views were sought by the bench, concurred that there is a tendency to misuse provisions of the said act and unjustly involve aged parents, minor children and other family members through vague and exaggerated allegations. They said that such arrests also hamper chances of reconciliation and reunion of the couple.

The SC said that district legal services authorities in each of the districts should form one or more family welfare committees comprising civil society members, wives of officers, retired personnel and para legal volunteers to examine such complaints. It said that arrests can be made only based on the committee's report. The judges expressed the opinion that arrest of people unnecessarily on the basis of complaints alone under section 488A of Indian Penal Code can play havoc with the prospects of amicable settlement of such cases. It said that working of penal provisions of law should also ensure that it is not unjust, unfair or unreasonable and that safeguard against unnecessary arrests and insensitive investigations do not happen.

  

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Comment on this article

  • Beowulf, Mangalore

    Sun, Jul 30 2017

    Does not matter....... the woman with the help of police will harass the man.

    DisAgree Agree Reply Report Abuse

  • Esther, Mumbai

    Fri, Jul 28 2017

    A sensible judgement and a win for the people fighting Sec.498A. That Section was misused time and again, and used to harass the old relatives of husband.

    DisAgree [2] Agree [14] Reply Report Abuse

  • PRAKASH, Mangalore

    Fri, Jul 28 2017

    According survey most of educative family including doctors , engineers along with their father / mother sister inside Jail because of false complaint of using dowry law. Without investigation married person has to undergo imprisonment and insult from society now there is some relief for genuine person. . But few are making this is weapon to black mail her husband. But genuine dowry case should be punished.

    DisAgree Agree [12] Reply Report Abuse

  • J.F.D SOUZA, Attavar, Mangalore

    Fri, Jul 28 2017

    Marriage means what? Marriage bond is sacred. So why demand money? Such people should not get married as create havoc in their married life going to court Jail etc. under the name of wife if anybody wants money means they are not human beings. Just spoiling the life of an innocent girl. But there are cases some wives give false complaint out of grudge or to take revenge against the parents including husband for certain silly matters.

    DisAgree [1] Agree [7] Reply Report Abuse

  • Mangalurian, Mangaluru

    Fri, Jul 28 2017

    If you are not married yet, marry after your girlfriend turns 40.

    At that age, she won't have the energy to complain about dowry, and you won't have any major troubles!

    DisAgree [1] Agree [8] Reply Report Abuse

  • KRPrabhu, Mangalore /Bangalore

    Fri, Jul 28 2017

    What our foreign minister Sushma Swaraj has to say in this historic judgement...?

    DisAgree [1] Agree [8] Reply Report Abuse

  • Ahmed K.C., Mangalore

    Fri, Jul 28 2017

    Very sensible decision. but, what about their security ?
    Wouldn't it be risky to continue with same spouse ?

    DisAgree [5] Agree [9] Reply Report Abuse

  • Marol, Udupi

    Fri, Jul 28 2017

    Marriage is not a business. Why we need to give and take dowry? Is dowry also not an act of corruption??? Boy and girl or husband and wife and their family should build a bond of belongingness. Mutual love, mutual support prioratize marriage. Two beings with different nature should decide to live together. The families should support this union once wedlock takes place. Whatever short comings should be dwelt with mutual cooperation. This alone can bring prosperity for family. Marriage is not a days celebration but a sacrament of life long union of body, mind and spirit. Long live marriage. Thank you and God bless each and every one of us.

    DisAgree Agree [6] Reply Report Abuse

  • Jenifer, Mangalore

    Fri, Jul 28 2017

    Marol,

    I totally agree with your opinion that no dowry should be given nor accepted. However, our society is spoiled to such an extent that if a boy refuses dowry in certain communities, he is suspected to be suffering from something (i.e. impotency) or other ailment, while there are boys who insisting on a
    particular amount of dowry. Similarly, there are girls who weep within when their parents pledge precious belongings to gather their dowry while there are girls who force their parents for particular items as dowry.

    What I say is, the girls' parents and the girls should make a pact - if she takes along a certain amount of dowry upon insisting by the boy's side, she forfeits a share in the family property. She should inform this to the boy too, so that he does not make a drama later on. If we practice this, I am sure gradually the pest called dowry can be eradicated.

    Beyond all of this, I suggest that our youth grow up, find a job and search for a match themselves and marry. So that the parents will have no say in give and taking of objects.

    DisAgree Agree [6] Reply Report Abuse

  • sri_elder, Karkala

    Fri, Jul 28 2017

    Big relief from blackmailing partner...

    DisAgree [2] Agree [27] Reply Report Abuse

  • Sanjay, Hebri

    Fri, Jul 28 2017

    Good judgement.

    DisAgree [3] Agree [20] Reply Report Abuse

  • Sathish shetty, Mangalore

    Fri, Jul 28 2017

    After sufficient damage but not too late.

    DisAgree [1] Agree [10] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Fri, Jul 28 2017

    At the same time do not allow culprits to escape to London ...

    DisAgree [6] Agree [17] Reply Report Abuse


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