Supreme Court modifies its order on dowry harassment; protects pre-arrest

Sep 14, 2018, 12:09 IST | PTI

There should be gender justice for women as dowry has a chilling effect on marriage on the one hand. On the other hand, there is the right to life and personal liberty of the man, said the bench

Supreme Court modifies its order on dowry harassment; protects pre-arrest
Supreme Court of India

The Supreme Court on Friday modified its previous order that provided for setting up of a committee to deal with complaints of dowry harassment. The top court had on April 23 reserved its verdict on a batch of pleas seeking revisiting of a judgment that had reduced the severity of the anti-dowry law on the offence of subjecting a married woman to cruelty by spouse and in-laws.

"We have protected pre-arrest or anticipatory bail provision in dowry harassment cases," said a bench headed by Chief Justice Dipak Misra and comprising Justices A M Khanwilkar and D Y Chandrachud.
The apex court, while modifying the verdict given by its two-judge bench, said that there is no scope for courts for constitutionally filling up gaps in the penal law.

"There should be gender justice for women as dowry has a chilling effect on marriage on the one hand. On the other hand, there is the right to life and personal liberty of the man," the bench had said while reserving its verdict.  A two-judge bench of the apex court in July last year had voiced concern over "abuse" of section 498 A (subjecting a married woman 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 could not be brushed aside.

The bench was hearing a plea filed by an NGO 'Nyayadhar', an organisation formed by a group of women advocates of Maharashtra's Ahmednagar district, seeking sharpness in section 498A, claiming that the otherwise "helpful instrument" in the hands of victim women has become "valueless".

Catch up on all the latest Crime, National, International and Hatke news here. Also download the new mid-day Android and iOS apps to get latest updates

This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever

DISCLAIMER: mid-day and its affiliates shall have no liability for any views, thoughts and comments expressed on this article.

College girl raped while spending time with her boyfriend

This website uses cookie or similar technologies, to enhance your browsing experience and provide personalised recommendations. By continuing to use our website, you agree to our Privacy Policy and Cookie Policy. OK