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Immediate arrest in case filed in dowry act: SC reserves verdict

Team SoOLEGAL 24 Apr 2018 2:30pm

Immediate arrest in case filed in dowry act: SC reserves verdict

New Delhi: In the month of July 2017, a two-judge bench of the Supreme Court had  passed an order by which immediate arrest of the person accused in anti-dowry law was stopped on the ground that law was being misused by women. It asked for setting of family welfare committee’s.On this a review plea was filed in the SC. The court reserved its order on the plea.

A three-judge bench headed by Chief Justice Dipak Misra, while agreeing to review to earlier order passed by two judge bench, said that, “The law protects gender justice and there should not be any kind of cruel treatment on women. Dowry has a chilling effect on marriage “.

During the hearing bench said that while deciding the case, we will go by Cr P C and try to protect women right as well as offering protection to accused from motivated complaints. The court said that it will determine whether the last judgement takes out the spirit of section 498A.

Additional solicitor general PS Narasimha, representing the Centre, said the last order was not “practical”. He said that as per National Legal Services Authority of India (NALSA) report, it was impractical to set up family welfare committees and impossible to monitor them. The ASG said that the intent of the judges was probably to fill the gap, although they are practically difficult to implement.

Senior advocate Indu Malhotra, who is the amicus curiae (helping the court), said the court that court cannot stop arrest  and setting of welfare committee does not help the cause as such committee’s comprise of non legal persons and it is job of police to do criminal investigation and not anybody else.



Tagged: SC   Anti dowry law   NALSA  
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