The Supreme Court said on Wednesday, 29 November, that it can’t frame guidelines on how to investigate cases of dowry harassment as this would amount to going beyond the statutory provisions.
Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud have decided to revisit the judgment by a two-judge bench in July this year, which had directed the formation of a committees to scrutinise the complaints of dowry harassment before the police act on them.
“Why should there be guidelines when there is an IPC provision?” Bar and Bench quoted CJI Misra as saying of the guidelines regarding the trial of 498A Case issued by Justices Goel and UU Lalit in Rajesh Sharma Vs State of UP.
The SC said courts can only lay down guidelines for police on how to arrest and not how to investigate 498A cases. The two amicus curiae assisting the apex court, senior counsel V Shekhar and Indu Malhotra, sought the stay of the judgment under which the guidelines were framed, but the court decided to conduct a more detailed assessment, after which they “may accept or overrule it”.
On 13 October, the SC said that the order preventing immediate arrest of accused in dowry cases “went against women’s rights”.
Alleging the misuse of the anti-dowry harassment law by disgruntled wives, the Goel and Lalit bench ruled that arrests can be made only after a preliminary investigation into the accusation.
The bench had recommended the setting up of family welfare committees, who will review complaints of dowry harassment. The panel will inspect the case and submit a report to the local magistrate after which the decision to make arrests will be taken.
(With inputs from IANS)
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