Supreme Court agrees to revisit dowry arrest order

New Delhi: Observing that it was not in agreement with an earlier order imposing restrictions on police to arrest persons in dowry related cases, the Supreme Court on Friday agreed to revisit this order passed in July this year.

Giving a series of guidelines, the apex court in July ordered setting up of family welfare committee in each district. Any dowry related complaint should be referred to this committee, which will call the parties in person, make enquiries and submit a report to the Magistrate concerned and till then no arrests of husband or in laws should be made.

Nyayadhar, a ladies organisation, strongly opposed these directions and sought modification. It was pointed out that a married woman whenever goes to the police station to make a complaint against her husband and other close relations takes a risk to fight with society at large but being left with no other remedy against cruelty and harassment ultimately choose this last resort i.e. Section 498A of IPC.  It was submitted that mindless deprivation of liberty of women could not be dealt with effectively through soft sanctions. The petitioner submitted that Section 498-A of IPC is most helpful instrument in the hands of victim women to get immediate relief from law and police station, but guidelines issued that no immediate arrest to accused person and his family. As the result, the fear of law is totally vanished from the minds of accused and his family. Resultantly we may say that “The soul of Section 498-A is dead and now Sec. 498-A is become valueless.” There is no immediate relief to victim women from cruelty and harassment. Ultimately she left alone to handling herself and her children’s life with own risk. The petitioner prayed for revisiting the earlier judgment in favour of affected women.