oppn parties Supreme Court Modifies Order On Sec. 498A

News Snippets

  • Corona cases in India cross 4000 and the death toll stands at 124
  • The government decides to double the testing of corona suspects from 10000 now to 20000 in the next three days
  • Flipkart assures employees that there will be no job or salary cuts due to the COVID-19 pandemic
  • Although it was obvious, but the government still clarifies that there is no need to switch off appliances and only lights need to be switched off on April 5 at 9pm after confusion in the minds of some people
  • PM Modi and President Trump decide "to deploy full strength of (Indo-US) partnership" to fight against COVID-19
  • 17 states have reported 1023 cases of coronavirus linked to the Tablighi Jamaat, which translates to 30% of all positive cases in India
  • The government says people should not use alcohol-based hand sanitizers before lighting diyas or candles on April 5
  • The railways say there is no certainty yet when services will resume after the lockdown and a final decision will be taken in the next few days
  • As coronavirus cases multiply in Assam, six north-east states seal their borders with the state
  • Power System Operation Corporation Ltd. (POCOSO) putting all systems and protocols in place at war-footing to ensure there is no grid failure due to reduction in demand on April 5 at 9 pm
  • Power ministry scotches rumours that the power grid might fail due to the 9-minute blackout called by PM Modi on Sunday, April 5
  • Centre asks people to wear home-made masks if it is absolutely essential for them to step out of homes
  • Centre asks states to allow licensed street vendors to sell essential items
  • 8000 samples were tested across India on April 2, but the government said that testing will be need-based and will not be used as a confidence-boosting measure
  • Air India operating special flights to fly passengers stuck in India since the lockdown
26 nurses and 3 doctors test positive for COVID-19 at Wockhardt Hospital in Mumbai, facility cordoned off, no entry or exit permitted from the hospital
oppn parties
Supreme Court Modifies Order On Sec. 498A

By A Special Correspondent
First publised on 2018-09-17 12:07:10

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.