SC axe falls on panel to vet cases un­der anti-dowry law

The New Indian Express - - FRONT PAGE -

THE Supreme Court on Fri­day rolled back a guide­line it had is­sued last year to set up fam­ily wel­fare com­mit­tees to ex­am­ine the ve­rac­ity of com­plaints filed by mar­ried women un­der Sec­tion 498A of the IPC on ha­rass­ment for dowry and do­mes­tic vi­o­lence, to pre­vent its mis­use.

A three-judge bench headed by Chief Jus­tice Di­pak Misra, how­ever, didn’t is­sue any di­rec­tive on au­to­matic or manda­tory ar­rest of the hus­band and his fam­ily un­der such cases, not­ing that false cases also lead to so­cial un­rest.

The bench re­stored the power of the po­lice to de­cide whether or not to make ar­rests. While rul­ing that there is no need for a panel to ex­am­ine com­plaints, it said the an­tic­i­pa­tory bail pro­vi­sion shall remain in­tact for the hus­band and his fam­ily mem­bers.

“It will also be ap­pro­pri­ate to di­rect the Di­rec­tor Gen­eral of Po­lice of each State to en­sure that in­ves­ti­gat­ing of­fi­cers who are in charge of in­ves­ti­ga­tion of cases of of­fences un­der Sec­tion 498-A IPC should be im­parted rig­or­ous train­ing with re­gard to the prin­ci­ples stated by this court re­lat­ing to ar­rest,” it added.

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