For Dowry Harassment Top court changes Its order

For Dowry Harassment Top court changes Its order

New Delhi: Recently, the top court modified its order on dowry harassment that provided for setting up of a committee to deal with dowry harassment complaints by protecting the provision of prearrest. On April 23 the Supreme court formal its verdict on a batch of pleas seeking revisiting of a judgment. Hence, it had reduced the severity of the anti-dowry law on the offense of subjecting a married woman to brutality by the spouse and in-laws.

From the bench, headed by Chief Justice Dipak Misra and comprising Justices AM Khanwilkar and DY Chandrachud said in a statement “We have protected pre-arrest or anticipatory bail provision in dowry harassment cases”. The top court explains his verdict and said “ there is no scope for the courts to constitutionally fill up the gaps in panel law while modifying the verdict.

The bench mentioned while reserving it verdict “ there should be gender justice for women as dowry has a chilling effect on marriage on the one hand, and on the other end, there is right to life and personal liberty of the man”.

The plea was filed by an NGO ‘Nyayadhar” an organization which formed by a group of women advocates of Maharashtra Ahmednagar district. The hearing is for the seeking sharpness in section 498A, claiming that the otherwise “ helpful instrument” in the hands of victims women has become “valueless”.

Last year in July, the bench of the court had verdict concern over the “abuse” of section 498A (subjecting a married women 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.

With an observation, the bench mentioned that many complaints are not bonafide and “ uncalled for arrest” may ruin the chances of settlement.

by Priti on September 14, 2018

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