No immediate arrest under dowry harassment law, says Supreme Court

July 27, 2017 22:23

Immediate arrests - an integral process followed by the police in dowry harassment cases - was ruled out today by the Supreme Court. The top court said as in any other case, the police will now have to conduct a preliminary inquiry before making any arrest.

The court's latest order came as complaints piled up over the years alleging misuse of the anti-dowry harassment law -- framed in 1983 following a spate of dowry-related deaths - by disgruntled wives.

Three years ago, in July 2014, the court had given a 41-point checklist and said the police will have to consult it before making any arrest. The court had even suggested that the law ministry consider amending the Act to stop its misuse.

Today, the bench of Justices AK Goel and UU Lalit said the anti-dowry law was enacted with the laudable object of punishing cruelty at the hands of husband or his relatives -- particularly when such cruelty drives the wife to suicide.

But in view of the current misuse of the law, the court said family welfare committees should be set up in every district across the country. Every dowry harassment complaint made under Section 498A of Indian Penal Code must be referred to the committee, which would look into them.

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