SC voices concern over ‘abuse’ of anti-dowry law, says no arrest till charges verified

The Supreme Court has voiced concern over “abuse” of the anti-dowry law and has directed that no arrest should “normally be effected” without verifying allegations as violation of human rights of innocents cannot be brushed aside.

The apex court, which passed a slew of directions to deal with complaints under section 498 A (subjecting a married woman to cruelty) of the IPC including constitution of family welfare committees in every district, has observed that many of such complaints are not bonafide and “uncalled for arrest” may ruin the chances of settlement.

It noted that the apex court had earlier observed that a serious review of the provision was warranted and at times, such complaints lead to uncalled harassment of not only the accused but also the complainant.

“We are conscious of the object for which the provision (498 A of the IPC) was brought into the statute. At the same time, violation of human rights of innocent cannot be brushed aside. Certain safeguards against uncalled for arrest or insensitive investigation have been addressed by this court. Still, the problem continues to a great extent,” a bench of Justices Adarsh Kumar Goel and U U Lalit said. The apex court directed that in every …read more