Supreme Court to Review Its Order on Abuse of IPC Section 498A, Anti-Dowry Law by Women
Supreme Court to Review Its Order on Abuse of IPC Section 498A, Anti-Dowry Law by Women
In July last year, a bench of Justices AK Goel and UU Lalit had directed that no arrest should "normally be effected" without verifying allegations as violation of human rights of innocents cannot be brushed aside.
New Delhi, Apr 21: The Supreme Court on Friday decided to have an extensive re-look into its earlier judgment that pitched for diluting of the harshness of Section 498A of the Indian Penal Code (IPC) which, as per many, is misused by women as a tool of vengeance against estranged husbands and in-laws.
In July last year, a bench of Justices AK Goel and UU Lalit had directed that no arrest should “normally be effected” without verifying allegations as violation of human rights of innocents cannot be brushed aside. Instead, the court ordered setting up of committees to examine the complaints and try for reconciliation.
“Every complaint received by police or the magistrate under Section 498A be referred to and looked into by the committee,” the bench had said. It added: “Such committees may be constituted of para legal volunteers, social workers, retired persons, wives of working officers and others who may be found suitable and willing.”
The bench also asserted that the committee members would not be called as witnesses in such cases and the panel may have interaction with the parties, involved in such cases, personally or by other means of communication.
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However, in October, a three-judge bench headed by Chief Justice of India (CJI) Dipak Misra that this judgment could affect the rights of women.
Meanwhile, senior advocate Indira Jaising on Friday informed the bench headed by CJI Misra and consisting of Justices AM Khanwilkar and DY Chandrachud that a bench led by Justice Goel, on Thursday, had referred the earlier case to the CJI. The bench referred to a petition filed by NGO Nyaydhar, a group of woman advocates of Ahmednagar district in Maharashtra, which sought sharpening up of the language of the Section 498A in order to protect the abuse of women in their matrimonial homes.
A common hearing on the matter will be taken up by the CJI-led bench on July 9.
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