The Supreme Court’s affirmation on Saturday of its 2014 view in cases related to dowry harassment or death — that the police should not arrest the husband and his close relations until it is satisfied that the complaint is genuine — disturbs its reputation for effectively aiding those in need of justice.
In 1983, our law-makers strengthened Section 498A of the Dowry Prohibition Act, 1961 to include the automatic arrest of husband and his immediate family in case of dowry deaths or complaints of violence.
Reports of young women being burned to death for their parents’ inability to furnish the demanded dowry by avaricious in-laws, or subjected to gruesome domestic violence, had filled the media in the intervening years. The society had mounted a massive campaign to fight the evil of bride-burning.
Following complaints that the law is being misused by some women, the Supreme Court is now, in effect, resiling from the 1983 position in order to denude 498A of the tightened provisions. This is regressive. All laws are subject to misuse. This does not mean we wipe out their spirit.
In 2012, the 243rd report of the Law Commission, chaired by Justice P.V. Reddy, made it clear that complaints of misuse of the reinforced Section 498A did not have an empirical basis. This should caution the Supreme Court.
However, it had said that sub-section 3 could be added to Section 41 of CrPC to deal with wrongful arrests. Going beyond punishment for wilful misuse of the dowry law may be contemplated.
