Supreme Court to revisit its judgment on misuse of Section 498A IPC

In an important development, a three-judge Bench of the Supreme Court today observed that it is not in agreement with the Court’s judgment rendered in Rajesh Sharma v. Union of India, in which it had laid down safeguards to prevent misuse of Section 498A of the Indian Penal Code.

A three-judge Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud stated the same while hearing a petition filed by a Maharashtra-based NGO, Nyayadhar

The NGO has moved the Supreme Court raising a limited issue – inclusion of woman members in the Family Welfare Committee sought to be formed as per the directions of the judgment.

The Bench, however, observed that it is not agreeable to the judgment rendered by the Division Bench of Justices AK Goel and UU Lalit on July 27.

“we are obligated to state that we are not in agreement with the decision rendered in Rajesh Sharma (supra) because we are disposed to think that it really curtails the rights of the women who are harassed under Section 498A of the Indian Penal Code. That apart, prima facie, we perceive that the guidelines may be in the legislative sphere.”

It proceeded to issue notice to the Centre and also appointed Senior Advocates Indu Malhotra and V Shekhar as Amicus Curiae to assist the court.

The case has now been listed for hearing on November 9.

In the judgment passed in July, the Court saw it fit to frame guidelines with a view to curbing spurious dowry harassment claims.

The Bench had made a number of directions, the most significant of which is the constitution of Family Welfare Committees to vet cases of domestic violence by family members. These Committees will comprise “paralegal volunteers/social workers/retired persons/wives of working officers/other citizens who may be found suitable and willing”.

The main function of these Committees would be to review complaints filed under Section 498A and interact with the parties involved in these cases. They are also required to prepare a report of the case and submit it to the relevant authority.

Quite significantly, the apex court had also directed that no arrest will be made pending the submission of this report.

In reaction to this judgment, a group of 16 women’s rights organisations had sent a memorandum to then Chief Justice of India JS Khehar asking him to review the decision.

Read the writ petition filed by the NGO and the order by Supreme Court below. 

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