SC NOTICE TO GOVT ON RULE AGAINST WOMEN ACCEPTING COURT SUMMONS

The Supreme Court on Monday agreed to examine the validity of a legal provision, which states that only an “adult male member” can accept summons on behalf of a member of his family who cannot be found.

A bench, headed by Chief Justice of India Dhananjaya Y Chandrachud, issued a notice to the Union government on a public interest litigation filed by Kush Kalra who complained against the “discriminatory” language of section 64 of the Criminal Procedure Code (CRPC).

Section 64 lays down the procedure for serving of summons when the person concerned cannot be found at his address. The provision states that the summons may be served “with some adult male member of his family residing with him”.

“Issue notice, returnable in four weeks. Notice shall also be issued to the Attorney General for India,” said the bench, which also comprised justice Hima Kohli, in its order.

Representing the petitioner, advocate Jyotika Kalra pointed out that section 64 of CRPC discriminates against women by treating the female members of the family incapable of accepting the summons on behalf of the person summoned.