Dowry cases shall first be sent to the Family Welfare Committee who will verify the case for further action. No arrests are to be made till the report arrives. The report has to be submitted within a month of registering the complaint.
Agreeing to the fact that there has been a steady rise in the cases of dowry harassment in India, the Supreme Court has also raised concerns over false cases registered against husbands and in-laws of women. Upholding the rights of the men and their families, a bench comprising Justices A K Goel and UU Lalit said that it was high time that such frivolous cases be checked and verified before action is taken.
It said that there have been reports of women abusing Section 498 A of IPC to harass husbands and their parents when there is a marital discord. This ruling deviates from the general conception that women could be the only victims of dowry harassment and that men are the only tormentors. Thus on Thursday, the court ruled that the account of the alleged victim need not be taken at face value.
It further directed all the states to set up family welfare committees in each district and tasked them with testing the veracity of every complaint. According to a report by the Times of India, the bench said, "It is a matter of serious concern that large number of cases continue to be filed under Section 498A alleging harassment of married women. Many such complaints are not bona fide. At the time of filing of the complaint, implications and consequences are not visualised. At times, such complaints lead to uncalled for harassment not only to the accused but also to the complainant. Uncalled for arrest may ruin the chances of settlement."
It further added, "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."
It said that all such complaints received by the police or magistrate must be referred to the family welfare committee and no action should be taken immediately unless the committee verifies the proof and gave a report after interacting with the parties.The court said, "Report of such committee be given to the authority by whom the complaint is referred to, latest within one month from the date of receipt of complaint."
The court also ruled that the bail applications of husbands and in-laws should be decided fast by the trial courts, preferably the same day it is filed. It further relaxed the impounding of passports or issuance of Red Corner Notice against person living abroad. The personal appearance of the husband's family members should also not be insisted upon, said the court. It also instructed that a designated police officer should be appointed to deal with the complaints of dowry harassment cases.
