28 July, 2017
The Supreme Court on Thursday said that an accused in a dowry harassment case can not be arrested immediately until the veracity of allegations is ascertained. The court further said impounding of passports or issuance of Red Corner Notice against person living overseas should be avoided and personal appearance of husband's family members should not be insisted upon by trial courts in dowry harassment cases.
The Supreme Court has voiced concern over "abuse" of the anti-dowry law and has directed that no arrest should "normally be effected" without verifying allegations as violation of human rights of innocents can not be brushed aside.
Immediate arrest have been an integral process which the police generally follows in any case of dowry related harassment. The National Legal Services Authority will review it and file a report by March 2018.
"Till report of the committee is received, no arrest should normally be effected".
Indian Penal Code's Section 498A has been criticised for giving "disgruntled women" a legal option to harass their husbands, and Thursday's orders take forward measures announced by the top court in 2014 when it prohibited automatic arrests.
The apex court reasoned that Section 498A (arrest of husband or his relatives for demanding dowry) was inserted in the statute with the laudable object of punishing perpetrators, particularly when such cruelty could potentially result in suicide or murder.
It added that the committee must speak to all parties involved in a harassment case because "uncalled for arrest may ruin the chances of settlement".
Therefore, the Bench proceeded to make a number of directions, the most significant of which is the constitution of Family Welfare Committees to vet cases of domestic violence by family members. Dowry complaints were being filed in the heat of the moment over trivial issues.
A bench of Justices A K Goel and UU Lalit said,"Every complaint under Section 498A received by the police or the Magistrate should be referred to and looked into by such a committee".
The court has asked the ruling District Legal Services Authority (DLSA) to form a three-member committee comprising of para-legal volunteers, social workers, retired persons, wives of working officers or citizens who may be found suitable and willing.
The court said that complaints under this provision and other connected offences may be probed only by a designated investigating officer of that area and they may be required to undergo training for this. However, the court was careful to stress that these guidelines would not be applicable in cases where there are tangible physical injuries or death. A senior judicial officer nominated by a sessions judge can also close the case if the dispute primarily involves a matrimonial discord.
