Daijiworld Media Network - New Delhi (SP)
New Delhi, Jul 28: The Supreme Court (SC) held on Thursday July 27 that normally no arrests should be made in dowry harassment cases without the complaint being scrutinized by a committee of members from civil society. This order is expected to provide relief to a large number of husbands and family members who normally are arrested based on the complaint filed by the wife even before the her claim is verified. This order, which will have immediate affect on large number of cases, was passed by a SC bench comprising Justices Adarsh Kumar Goel and U U Lalit.
The bench observed that large number of cases under section 498A about dowry harassment of married women get filed and that the SC propose to involve civil society to help administration of these cases. The committees could be reviewed from time to time, and at least once a year by district and sessions judge who is the chairman of district legal services authority. Complaints should be referred to the committees within a month of receipt, the bench stated.
Solicitor general, A S Nadkarni and senior advocate, V Giri, whose views were sought by the bench, concurred that there is a tendency to misuse provisions of the said act and unjustly involve aged parents, minor children and other family members through vague and exaggerated allegations. They said that such arrests also hamper chances of reconciliation and reunion of the couple.
The SC said that district legal services authorities in each of the districts should form one or more family welfare committees comprising civil society members, wives of officers, retired personnel and para legal volunteers to examine such complaints. It said that arrests can be made only based on the committee's report. The judges expressed the opinion that arrest of people unnecessarily on the basis of complaints alone under section 488A of Indian Penal Code can play havoc with the prospects of amicable settlement of such cases. It said that working of penal provisions of law should also ensure that it is not unjust, unfair or unreasonable and that safeguard against unnecessary arrests and insensitive investigations do not happen.