Friday, 14 September 2018

SC rejects requirement for 'family welfare committee' in dowry cases

New Delhi, Sep 14 The Supreme Court on Friday struck down the need for "family welfare boards of trustees" to investigate grievances by ladies before arresting the husband and family members in dowry harassment cases.

The apex court's three-judge bench, headed by Chief Justice of India (CJI) Dipak Misra and comprising Justice AM Khanwilkar and Justice DY Chandrachud, said that the law is being abused by a few people, and included that the court's part isn't to satisfy holes left in the legislation.

"We think it is appropriate to coordinate the Investigating Officers (IOs) to be watchful and take after the standards expressed in Joginder Kumar case and certain different judgements. We guide the DGP of each state to guarantee that the IOs who are incharge of investigation of instances of offenses under section 498-A (Dowry Harassment) of the Indian Penal Code (IPC) ought to be given thorough preparing concerning the standards expressed by this court identifying with captures," the court said in its request.

The candidates, including the Social Action Forum for Manav Adhikar (SAFMA), told the best court that notwithstanding the Dowry Prohibition Act of 1961 being passed, the incongruity still survives, maybe with more oxygen, as the social malevolence is still on the ascent.

The petitioner further claimed that dowry provocation is practiced with pride; ladies today are as yet tormented and regularly, the court, in spite of being a definitive friend in need, does not act the hero of these ladies as a result of which an air of inner conflict wins.

In July a year ago, the Supreme Court passed a request expressing that the people denounced in dowry harassment cases can't be quickly captured exclusively in light of provocation charges.

The order was challenged in the Supreme Court by the SAFMA, who sought for a stay on the order.

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