oppn parties Supreme Court Modifies Order On Sec. 498A

News Snippets

  • Amit Panghal becomes first Indian male to win silver at the World Boxing Championships
  • "Gully Boy" to be India's entry for the Oscars
  • Rajeev Kumar called an "absconder" by the CBI
  • Alipore court refuses to grant anticipatory bail to Rajeev Kumar
  • Trump likely to sign a mini trade deal with India next week
  • Government planning a loan mela to cover 400 districts in two phases
  • PM Modi says Kashmiris need a hug from all Indians
  • NPA tag will not be put on any MSME till March 20
  • Government likely to announce another economic stimulus package today ahead of the GST Council meet in Goa
  • Air Marshall RKS Bhadauria, slated to retire just a few days from now, to be the next chief of IAF
  • PM Modi slams politicians from his own party who are making irresponsible statements on the Ayodhya case and tells them to wait for the Supreme Court order
  • Telecom panel says resident welfare associations (RWA) cannot give monopoly access to any one service provider and infrastructure in public spaces and residential complexes will have to be shared by all
  • Mamata Banerjee meets Amit Shah, tells him there is no need for an NRC in Bengal
  • After 14 days, there is no hope left for reviving Vikram, the moon lander
  • CBI teams search for elusive Rajeev Kumar
PM Modi to address more than 50000 people at the Howdy Modi event in Houston today where he will be joined by the US president Donald Trump
oppn parties
Supreme Court Modifies Order On Sec. 498A

By A Special Correspondent

A three-judge bench of the Supreme Court has modified the order of an earlier two-judge bench that provided for formation of three-member family welfare committees which would verify the charges before effecting an arrest in a criminal complaint filed under section 498A of the IPC. It has now said the police must verify the charges before making arrests. It has also allowed accused husbands and their relatives to seek anticipatory bail.

While protecting the harassed women, the court also took note of the misuse of this section to file false cases against the husband and his relatives. The court said that "there should be gender justice for women as dowry has a chilling effect on marriage on the one hand, and on the other hand, there is right to life and personal liberty of the man”. But the court modified the earlier order because it said that there is no scope for courts to constitutionally fill up the gaps in penal law.

There is no doubt that section 498A is being misused. But there is also no doubt that it has been a boon to women who were harassed for dowry. Hence, the Supreme Court will have to strike a delicate balance in its order that will prevent misuse but at the same time not dilute the provisions in a way that it make it valueless to harassed women.