Abuse of anti-dowry law: Supreme Court says no arrest till charges verified
The Supreme Court has expressed concern about the “abuse” of antidéputée law and ordered that no arrests are normally carried out without verifying the allegations as a violation of innocent human rights can not be torn.
The apex cut, which adopted a set of guidelines for the treatment of claims under article 498 A (subjecting a married woman to cruelty) of the CPI, including the establishment of family protection committees in each district, Noted that many of these complaints are not beneficial and “no call for detention” can ruin settlement possibilities.
He observed that the highest court had previously observed that a serious examination of the provision is justified and sometimes such claims cause unnecessary harassment not only of the defendant but also of the applicant.
“We are aware of the purpose for which it is available (498 A of IPC) has been introduced into the law. At the same time, the violation of innocent human rights can not be uprooted.
Some insensitive assurances against persecution or investigation were handled by the court. However, the problem continues to a large extent, “said Judge Adarsh Kumar Goel and U U Lalit.
The highest court ordered that in each district one or more social protection committees are made by the DLSA’s legal services and any complaints received by the police or judge under this provision are mentioned and reviewed by the committee.
He said that the construction and operation of this committee, which would preferably include three members, may be reviewed from time to time and at least once a year by the district judge and district sessions in question.
The court said that these committees could be constituted legal volunteers, social workers, retirees, officers’ wives and other persons considered fit and willing.
He also said that the committee would not be called as witnesses in these cases and that the panel could have interactions with the parties involved in such cases, in person or by other means of communication.
“The report of this committee will be given the authority that the complaint has been returned within one month from the date of receipt of the complaint.The committee can give its brief report on the factual aspects and their opinion on the subject .
If the committee report is not received, no detention should normally be made, “the court said. He said the committee’s report would then be considered by the investigator or magistrate on his own merits.