Skip to main content

SC does a re-think on dowry harassment ruling (hindu)

‘Previous order dilutes woman’s right against dowry’

Two months after the Supreme Court stopped immediate arrests of accused in dowry harassment cases, the court on Friday did a re-think, saying its order dilutes the right of a woman to seek justice against the evil of dowry.

On July 27, a Bench of Justices A.K. Goel and U.U. Lalit had concluded that Section 498A (dowry harassment) of the Indian Penal Code has come under much abuse. Dowry complaints are being filed in the heat of the moment by women over trivial issues. Innocent relatives, including parents of advanced age, siblings and grandparents, suffer harassment. Their judgment directed ‘Family Welfare Committees’ to sift the genuine cases of dowry harassment from the trivial ones. Police would take action only on the basis of the committee’s report.

These committees were directed to be made up of social workers, homemakers, retired persons and other citizens.

In an absolute U-turn, a three-judge Bench led by Chief Justice of India Dipak Misra said the July 27 verdict blunted the purpose of Section 498A as an effective law to protect human rights of married woman who live in torture.

“The judgment (July 27) seems to have entered the legislative domain... We are not in agreement with the view taken as it is liable to affect the rights of woman,” Chief Justice Misra observed.

The Bench asked the Centre to respond by October 29.

The Bench was hearing a plea filed by an NGO ‘Nyayadhar’, an organisation of women advocates from Maharashtra, who sought a revival of Section 498A, which they said has now become “valueless.”

The July 27 ruling had held that no arrest should normally be effected on dowry harassment complaints until the committee confirms the genuineness.

The apex court had also ordered that trial judges should close Section 498A cases based on matrimonial disputes once the parties have reached a settlement. In fact, bail should be given on the same day, it said.

Interestingly, the court directed that even “recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected.”

However, none of these relaxations are applicable in cases which involve “tangible physical injuries or death.”

Steps like impounding of passports of NRIs in dowry harassment cases or issuance of Red Corner Notices should not be a routine, the court had directed on July 27. Personal appearance of all family members, and particularly outstation members, must be exempted by trial courts.

The court had sought a report from NALSA by March 31, 2018 on the progress of the experiment.

Comments

Popular posts from this blog

El Nino may make a comeback in 2017, but unlikely to affect southwest monsoon (downtoearth,)

In 2016, the world witnessed the strongest El Nino on record, which resulted in above average temperatures. The year experiences record-breaking heat for nine consecutive months. It had also ruined the Indian monsoon for two years. After two successive droughts in 2014 and 2015, last year witnessed erratic rainfall both in terms of geographical spread and time. Thanks to El Nino, the southwest monsoon in 2014 and 2015 witnessed a deficit of 11 and 14 per cent respectively.

While the 2016 monsoon season in India saw 97 per cent rainfall, it was far less than the 106 per cent that the India Meteorological Department (IMD) had forecast in July. The lesser-than-expected rainfall, especially in the second half of the monsoon season, has been attributed to the absence of a strong La Nina phenomenon in the equatorial Pacific Ocean that is known to help the Indian monsoon.

According to a recent forecast by the National Oceanic and Atmospheric Administration (NOAA), there’s a 50 per cent chan…

Current Affairs MCQ for UPSC Exams – 21 December 2016

Q.1- Which of the following is/are correct regarding Nirbhaya missile?

1. It is a cruise missile
2. It is hypersonic in speed
A. 1 only
B. 2 only
C. Both
D. None

Q.2- Khanjar-III is military exercise between which of the following countries?

A. India and Russia
B. Russia and China
C. India and Kyrgyzstan
D. Russia and Afghanistan

Q.3- UPI has been in news recently, what is the full form of UPI?

A. Unified Payment Interchange
B. Unified Payment Interface
C. Unified process interchange
D. Unified process interface
 .
.
.
.

.
.
.
.
.
.
.
.
.
.
.
.
.
.

.
.
.
.
.
.
.
.
.
.
Answer  1-A, 2 -C, 3-B

Indian Polity Elections (MCQ )

1. Who of the following has the responsibility of the registration of voters
a) Individual voters
b) Government
c) Election commission
d) Corporations


2. Democracy exists in India, without peoples participation and co operation democracy will fail. This implies that
a) Government should compel people to participate and cooperate with it
b) People from the government
c) People should participate and cooperate with the government
d) India should opt for the presidential system


3. Which of the following are not the functions of the election commission
1) Conduct of election for the post of the speaker and the deputy speaker, Lok sabha and the deputy chairman, Rajya sabha
2) Conduct of elections to the state legislative assemblies
3) Deciding on all doubts and disputes arising out of elections

a) 1 and 2
b) 1 and 3
c) 2 and 3
d) 2

4. Which of the following electoral systems have not been adopted for various elections in India
1) System of direct elections on the basis of adult suffrage
2…