New Delhi: According to the new set of instructions issued by the Supreme Court on Thursday, immediate arrest can’t be made to the husband & in-laws without ascertaining the authenticity of the allegations under dowry harassment law. Supreme Court has issued these instructions due to increase in the misuse of this law by the wives.
The Supreme Court on Thursday directed all states to set up Family Welfare Committee (FWC) in each district and tasked them with testing the veracity of every complaint. All such complaints received by the police must be referred to the family welfare committee and no action should be taken against the husband and the in-laws till the committee gave its report after interacting with the parties, the court said.
The dowry harassment law was issued in 1983 by the Central Govt. due to severe increase in dowry & harassment cases. But in the contrary, the cases related to dowry harassment have been on rise since then.
A bench of Justices AK Goel & UU Lalit said, the section 498A was included in the IPC in order to save the bride from her unkind husband & in-laws but it should not be breached by either party in any given condition.
The Family Welfare Committee to be set up in all the districts can include any Expert volunteer from the Field of Law, Social activist, retired personnel, & Wife of Officer’s. This committee will be set up by the District Legal Service Authority (DLSA) and the District Judge would review the work progress at times.