Disagree with order diluting Section 498A: SC

While passing the July order, which came in the wake of increasing complaints of misuse of the law to harass husbands’ families, a bench of Justices U U Lalit and A K Goel had noted that though “Section 498A was inserted in the statute with the laudable object of punishing cruelty at the hands of husband or his relatives against a wife, particularly when such cruelty had potential to result in suicide or murder of a woman… many of such complaints are not bona fide”.

“We are conscious of the object for which the provision was brought into the statute. At the same time, violation of human rights of innocent cannot be brushed aside. Certain safeguards against uncalled for arrest or insensitive investigation have been addressed by this court. Still, the problem continues to a great extent,” the judgment said, and ordered setting up of family welfare committees in every district to look into complaints of dowry harassment.

These committees will be set up by the District Legal Services Authorities, and complaints received by police or magistrates under Section 498A must be referred to the committee. “Till report of the Committee is received, no arrest should normally be effected,” it said. The apex court, however, made it clear that these directions will not apply in offences where there is tangible physical injury or death. After seeing the working of the arrangement for six months, the National Legal Services Authority may give a report on any changes if necessary, the July 27 order had said.