New Delhi, Oct 13 (PTI) The Supreme Court today indicatedthat it would revisit its two-month old verdict which reducedthe severity of the anti-dowry law, saying it appeared toaffect the rights of women.
A two-judge bench had on July 27 directed that no arrestshould "normally be effected" without verifying allegations asviolation of human rights of innocents cannot be brushedaside.
A bench headed by Chief Justice Dipak Misra said it isnot in agreement with an earlier verdict, which had actuallydiluted the severity of section 498A (subjecting married womanto cruelty) of IPC by constituting a buffer of family welfarecommittees in every district to verify the allegations againsthusband or the relative of husband of a woman.
The bench, also comprising Justices A M Khanwilkar and DY Chandrachud, issued notice and sought the Centre's responseby October 29.
"The judgement had laid certain guidelines for arrestunder section 498A of IPC which appears to be an exerciseunder the doman of legislature. We are not in agreement withthe view taken as it is liable to affect the rights of woman,"the bench said.
The bench was hearing a plea filed by an NGO 'Nyayadhar',an organisation formed by a group of lady advocates ofAhmednagar district of Maharashtra, seeking for sharpness ofsection 498A claiming that the otherwise "helpful instrument"in the hands of victim women has become "valueless".
The plea filed by advocate Alok Singh suggested that outof three members in family welfare committees, at least twoshould be female members and one member who has done inMasters in Social Works be appointed.
It also suggested recording of facts at the time ofcounselling and said the committee should also consider theeconomic status of the parties.
On July 27, the apex court had voiced concern over"abuse" of the anti-dowry law and directed that no arrestshould "normally be effected" without verifying allegations asviolation of human rights of innocents cannot be brushedaside.
It had passed a slew of directions to deal withcomplaints under section 498A of the IPC includingconstitution of family welfare committees in every district,has observed that many of such complaints are not bonafide and"uncalled for arrest" may ruin the chances of settlement.
It had noted that the apex court had earlier observedthat a serious review of the provision was warranted and attimes, such complaints led to uncalled harassment of not onlythe accused but also the complainant.
The apex court had directed that in every district, oneor more family welfare committees be constituted by theDistrict Legal Services Authorities (DLSA) and every complaintreceived by police or the magistrate under this provision bereferred to and looked into by the committee.
It had said that such committees may be constituted ofpara legal volunteers, social workers, retired persons, wivesof working officers and others who may be found suitable andwilling.
The bench also said that if a bail plea is filed in suchmatter, the same may be decided as far as possible on the sameday with at least one day's notice to the public prosecutor orthe complainant.
It said that regarding persons residing out of India, theprocess of impounding of passports or issuance of Red CornerNotice should not be a routine.
The apex court had also said that personal appearance ofall family members and particularly outstation members may notbe required and the trial court ought to grant exemption frompersonal appearance or permit appearance by video conferencingwithout adversely affecting progress of the trial.
It, however, clarified that "these directions will notapply to the offences involving tangible physical injuriesor death".
The court had asked the National Legal Services Authority(NALSA) to give a report about need for change, if any, in thedirections or for any further directions and listed the matterfor consideration in April 2018. PTI MNL PKS ABA SJKARC.
This is unedited, unformatted feed from the Press Trust of India wire.