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28
July 2017
 |
Supreme Court (The Total Investment & Insurance
Solutions)
In an
important decision to temper action in sexual harassment cases, the Supreme
Court has said that there will be no arrests under Section 498A, unless the
District Family Welfare Committee report vets domestic violence by family
members. Pending the Committee report, no arrest will be made, the apex court
said. The decision comes as a big relief to men and their families who have
suffered untold harassment due to false cases filed by women. Activists have
also report innumerable cases of suicide by men, who are unable to bear the
humiliation and jail term suffered by their families due to such cases.
Asking the
District Legal Services Authorities to set up Family Welfare Committees at
district level, comprising paralegal volunteers, social workers, retired
persons, wives of working officers or other citizens who may be found suitable
and willing, the Bench of Justices Adarsh Kumar Goel and Uday Umesh Lalit said
these Committees will review complaints filed under Section 498A and interact
with parties involved in such cases. The Committee will prepare a report of the
case and submit it to the relevant authority. .The Total Investment & Insurance Solutions
The apex
court observed, “It is a matter of serious concern that large number of cases
continue to be filed under Section 498A alleging harassment of married women.
This Court had earlier noticed the fact that most of such complaints are filed
in the heat of the moment over trivial issues. Many such complaints are not
bona fide. At the time of filing of the complaint, implications and
consequences are not visualized. 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. This Court had earlier observed that
a serious review of the provision was warranted.” .The Total Investment & Insurance Solutions
The Bench
also directed that cases under 498A should only be investigated by designated
Investigating Officers of that area. It has also been left open to District and
Sessions judges to dispose of criminal proceedings should the parties arrive at
a settlement. Judges will also have the power to club all matrimonial disputes
related to the parties so that 'a holistic view is taken'.
Allowing
relatives to appear for hearing via video conferencing, the apex court said
their personal appearance is not required. In addition, impounding of passports
and issuance of Red Corner notices for people staying abroad should not be a
routine, the SC said.
The Bench
was hearing a case related to dowry where the appellant husband and his family
members were summoned under Section 498A. The Bench sought assistance from
Additional Solicitor General (ASG) Atmaram Nadkarni and Senior Advocate V Giri
as amicus. The Court deliberated the issue of roping in family members to
settle a matrimonial dispute.
The Bench
stated, “Omnibus allegations against all relatives of the husband cannot be
taken at face value when in normal course it may only be the husband or at best
his parents who may be accused of demanding dowry or causing cruelty. To check
abuse of over implication, clear supporting material is needed to proceed
against other relatives of a husband.”
ASG Nadkarni
told the Bench that there was indeed a growing trend to call without evidence,
relatives, including senior citizens and minor children, siblings,
grand-parents and uncles on the strength of vague and exaggerated allegations
without any verifiable evidence of physical or mental harm or injury. He also
referred to National Crime Records Bureau (NCRB) records that shows increasing
misuse of Section 498A. .The Total
Investment & Insurance Solutions
As per the
NCRB records during 2009, about 1.74 lakh people were arrested under 498A and
8,352 cases were declared false. During 2012, the rate of charge-sheet filing
under Section 498A was 93.6%, while conviction rate was a mere 14.4%..The Total Investment & Insurance
Solutions
Mr Giri,
senior counsel assisted by advocates Uttara Babbar, Pragya Baghel and Svadha
Shanker submitted that arrest in an offence under Section 498A should be only
after recording reasons and express approval from the Superintendent of
Police. .The Total Investment
& Insurance Solutions
The Court
also directed National Legal Services Authority to submit a report on the
working of these directions after six months, and listed the matter for April
2018.
Last year
while speaking at Moneylife Foundation's 12-week series "Police &
You", Senior Advocate Mrunalini Deshmukh, one of the top lawyers
practising in divorce and ancillary issues of custody and maintenance, said the
rate of conviction under Section 498A when a woman is alive is less than 1%. In
1983, ‘Section 498-A of the IPC was introduced with avowed object to combat the
menace of harassment to a woman at the hands of her husband and his relatives.
“Unfortunately,
this Act is not used to resolve issues by the ‘have nots’ but by those who
have. Most of the ‘haves’ use this Act as a weapon to seek or gain monetary
benefits,” she had said.
In December
2014, the apex court had observed that false complaints under Section 498A
against innocent in-laws alleging cruelty and harassment were on the rise.
"For no fault, the in-laws, especially old parents of the husband, are
taken to jail the moment a false complaint is filed against them by a woman under
Section 498-A. By roping in in-laws without a reason and for settling a score
with the husband, the false and exaggerated 498-A complaints are causing havoc
to marriages," the bench of (the then) Chief Justice HL Dattu and Justice
AK Sikri had observed.The Total
Investment & Insurance Solutions
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