SC modifies its earlier order on the misuse of anti-dowry law
New Delhi: The Supreme Court on Friday modified its July last year order in which it had suggested for setting up of a committee to deal with complaints of dowry harassment before the arrest of the accused under Section 498 A be made.
The Apex court decision came while conducting hearing on a plea filed in connection with the judgment seeking a revisiting. The pleas had been filed by an NGO ‘Nyayadhar’, an organisation formed by a group of women advocates of Maharashtra’s Ahmednagar district.
While the hearing the plea was completed by a three-member bench headed by Chief Justice Dipak Misra and comprising Justices AM Khanwilkar and DY Chandrachud on April 23, the court had reserved its verdict.
While pronouncing the judgment today, the bench made it clear that, the courts have no scope to fill-up the gap which exists in the penal law. In addition, the bench advocated for the protection of pre-arrest or anticipatory bail provision in dowry harassment cases.
Notably, a two-judge bench of Supreme Court on July 27 observed that the anti-dowry law is being widely misused as it found many complains which are being filed under it are not bonafide and “uncalled for arrest”. It passed a slew of directions including no arrest should “normally be effected” without verifying the allegations of the complainant.