SC Rejects Plea Against Dowry Law on Grounds of Its Misuse

Instances of misuse of the anti-dowry law cannot be a ground to strike it down, said the Supreme Court on Tuesday, dismissing a public interest litigation that sought a preliminary investigation to be conducted before lodging cases under Section 498A of the Indian Penal Code (IPC) to avoid instances of misuse.

- Abraham Thomas

NEW DELHI:

A bench headed by Justice Surya Kant said that the provision of Section 498A (now replaced by Section 85 of Bharatiya Nyaya Sanhita) is a salutary provision that seeks to protect women from cruelty inflicted on them by their husband and his family on account of non-payment of dowry.

The court said that instances of misuse must be gone into on a case-to-case basis by the courts.

"We see no reason to interfere with the legislative mandate of Section 498A of IPC...The allegation that the provision is being misused is evasive as no opinion can be formed while exercising writ jurisdiction," said the bench, also comprising Justice N Kotiswar Singh.

Section 498A IPC states that "Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine."

The apex court was hearing a petition filed by non-profit organisation Janshruti which claimed protection should be balanced in matrimonial cases as legal protection should be available against false complaints filed under this provision.