SC: India needs new Law to shield Husbands from harassment from Anti Dowry Section 498A IPC, Read Judgement

SC: India needs new Law to shield Husbands from harassment from Anti Dowry Section 498A IPC, Read Judgement

Supreme court says that India needs new Law to shield Husbands from harassment from Anti Dowry Section 498A IPC.

The Parliament is obliged to implement protective measures to prevent abuse of spouses and their relatives and to prevent "war between the two sexes".  

the Supreme Court said that if Parliament had enacted Section 498A IPC to protect women from cruelty in matrimonial homes in 1983, it is now protective to avoid abuse of husbands and their relatives and to "prevent war" Was obliged to implement the measures. Two genders ”. 

A bench of former CJI Deepak Mishra and Justice AM Khanwilkar and Justice DY Chandrachud held that the social divide regarding social calamity caused by the notion of harassment under the Section 498A IPC was "super sensitive" and exaggerated by the police to arrest the husband With the ability to do so can bring social disaster. ". 

 The SC said that Section 498A on behalf of the legislature and the courts were obliged to implement protective measures against misuse and establish the evidence for the courts by requiring them to be held in custody rather than withholding bail. The reality of it should be carefully examined. 

Writing the decision for the bench, former CJI Mishra said that SC cannot see the increasing misuse of the provision. “When law enforcement (arrest) is misused by the law enforcement agency, the legislature introduces a protective provision in relation to the arrest. It is needless to say that the courts have sufficient power to grant anticipatory bail and even criminal proceedings to completely eliminate the legitimate balance as no court of law imagines war between the 2 sexes. , ”The bench said.

decision in its decision in the Rajesh Sharma case removed some of the safeguards against the arrest of husbands and their relatives, introduced by a 2-judge SC bench last year. 

The Supreme Court made the condition that the Census of Section 498A complaints be verified by the 1st district level committee and I would not have any arrest until its final report was given. 

Section 498A IPC. Husband or relative of a woman's husband subject to cruelty 
Whoever, being the husband or relative of a woman, shall punish the subjects for cruelty to such woman, who shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation: For the purpose of this section, "cruelty" means—

(A) any extenuating conduct which is of such nature as to cause the woman to commit suicide or cause serious injury or danger to the life, limb or health (whether mental or physical) of the woman; Or (b) harassment of a woman where such harassment is with a view to coercion with her or any person related to her or any person to satisfy any unlawful demand for any property or valuable security. Is caused by the. Meet such a demand.] 

Office classification 
Punishment of up to 3 years is cognizant of the fine and penalty if the information related to the commission of the crime is given to the officer in charge of a police station by the person suffering from the crime or by someone related to blood, marriage or adoption. Or if there is no such relation, any non-public servant belonging to this class or category may be armed by the State Government by the Magistrate of the First Class-Non-Compensable to the State Government.

Removing security, which was dismissed by tortured husbands', the bench expressed concern over the immediate arrest after registering an FIR under Section 498A. The Parliament had in 1983 registered Section 498A of the IPC as a cognizable and non-bailable offense to deal with the increasing number of dowry deaths.

SC Judgement on Section 498A IPC highlighting Misuse of Law against Husbands 2018
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