GS Mains Model Question & Answer : Supreme court recently ordered setting up of a committee to examine dowry cases. Explain the reason and also what are the issues arises with it? Comment

Q. Supreme court recently ordered setting up of a committee to examine dowry cases. Explain the reason and also what are the issues arises with it? Comment

Model Answer:

Supreme court recently ordered setting up of a committee to examine dowry cases. Explain the reason and also what are the issues arises with it?

Dowry Act: First enacted in 1961, the law sought to protect women from being killed or tortured in their marital homes by greedy husbands and in-laws.

Thereafter, passionate advocacy by women’s rights activists resulted in the insertion of Section 498A of the Indian Penal Code, making the offence of dowry harassment cognisable and non-bailable
Supreme Court ordered the setting up of ‘family welfare committees’ in all districts under the aegis of the National Legal Services Authority (NALSA).

Following are the reasons:

a) Section 498A (dowry harassment) of the IPC had come under much abuse.
b) Dowry complaints were being filed in the heat of the moment over trivial issues.
c) Advocates say that disgruntled women determined to destroy family values and drags innocent husbands and in-laws to jail for their own nefarious purpose.

Issues arises by the women protagonists:

a) the first attempt to dilute Section 498A came from a 2014 judgment of the Supreme Court which mandated a nine-point checklist before any arrests could be made under Section 498A.

b) Then followed the latest Supreme Court judgment which has almost irretrievably diluted 498A and rendered it nearly unreachable to victims. This judgment mandates a family welfare committee in every district to scrutinise dowry harassment cases.

c) It is not difficult to predict how such committees will operate in our male-dominated districts. The Supreme Court has also done away with the need for the accused to make a personal appearance in court in addition to other forms of relief.

d) The widespread misuse of this section by usurious moneylenders and financial institutions has never been publicly debated. The judiciary and civil society do not appear to ever discuss misuse or “abuse” of other laws and offences, although abuse of any law is possible, and does in fact happen. It is only when any law relating to the empowerment of women is enacted, that hysterical debate ensues about misuse of such a law and the sufferings of the accused.

Suggestion:

a) Proper examination: that how this act is effective in preventing dowry deaths and cruelity to women.

b) Substantial research is needed.

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