Supreme Court to revisit amendments to Section 498A, often invoked in dowry-related cases

The Supreme Court on Friday indicated that it could revisit its earlier verdict that brought about amendments to Section 498A of the Indian Penal Code, bringing the provision of automatic arrests to an end, which was often invoked in dowry-related cases, The Indian Express reported.

Hearing a public interest litigation filed by NGO Nyayadhar which sought sharpness in Section 498A, a bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, said it is “not in agreement” with the decision rendered in Rajesh Sharma vs the State of Uttar Pradesh, a case that brought about the aforementioned amendments including a set of guidelines that requires setting up of family welfare committees to vet complaints of harassment. The amendments were brought in the wake of increasing complaints of misuse of the law to harass husbands’ families, the Express report stated.

The court said: “We are obligated to state that we are not in agreement with the decision because we are disposed to think that it really curtails the rights of the women who are harassed under Section 498A (subjecting a married woman to cruelty) of the Indian Penal Code.”

Subsequently, the top court issued notices to the Home Ministry, the Ministry of Women and Child Development and the National Commission for Women seeking their response by November 29.