SC Stops Misuse Of Anti-Dowry Law By Women, No Arrest Can Be Make Until Charges Are Verified

Expressing concern over disgruntled wives misusing the anti-dowry law against their husbands and in-laws, the Supreme Court on Thursday directed that no arrest or coercive action should be taken on such complaints without ascertaining the veracity of allegations.

Acknowledging a growing trend among women involved in marital discord to abuse Section 498A of IPC to rope in their husbands' relatives ¡ª including parents, minor children, siblings and grandparents ¡ª in criminal cases, a bench of Justices A K Goel and UU Lalit said it was high time such frivolous cases which violated the human rights of innocent was checked.

Reuters

This is a shift from the dominant judicial conception of women as victims who would silently suffer injustice rather than bring disrepute to their family by taking domestic conflict outside the four walls of the home. Going by the popular portrait, it is only the worst victim of abuse among women who approach the court for redress.

On Thursday, the court broke away from the reigning perception to rule that in dowry cases, the account of the alleged victim need not be taken at face value.

Undercutting the innocence law enforcement agencies had so far assigned to complainants in dowry harassment cases, the Supreme Court on Thursday directed all states to set up family welfare committee (FWC) in each district and tasked them with testing the veracity of every complaint.

"It is a matter of serious concern that a large number of cases continue to be filed under Section 498A alleging harassment of married women.

Reuters

Many such complaints are not bona fide. At the time of filing of the complaint, implications and consequences are not visualised. At times, such complaints lead to uncalled for harassment not only to the accused but also to the complainant. Uncalled for arrest may ruin the chances of settlement," the bench said.

"We are conscious of the object for which the provision was brought into the statute. At the same time, violation of human rights of an innocent cannot be brushed aside," it added.

The bench ruled that all such complaints received by the police or the magistrate must be referred to the family welfare committee and no action should be taken against the husband and the in-laws till the committee gave its report after interacting with the parties.

Representational Image

"Report of such committee be given to the authority by whom the complaint is referred to, latest within one month from the date of receipt of complaint," the court said. The court also said bail applications of husband and in-laws should be decided expeditiously by trial courts, preferably the same day it is filed.

The court further said impounding of passports or issuance of Red Corner Notice against a person living abroad should be avoided and personal appearance of husband's family members should not be insisted upon by trial courts in dowry harassment cases.

It also directed that a designated police officer should be appointed to deal with complaints under Section 498A.