SC’s ‘no’ to guidelines on enforcing penal provision in dowry cases

New Delhi, Nov 29 (IANS) The Supreme Court on Wednesday said it can't frame guidelines on how to investigate cases of dowry harassment as this will amount to going beyond the statutory provision of the Indian Penal Code's Section 498A dealing with the crime.

The stand by a bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud, indicating it will revisit the judgement by a two-judge bench which had directed formation of committees to scrutinize complaints of dowry harassment before police act on them.

In its judgment delivered on July 28 this year, the bench of Justice A.K. Goel and Justice Uday Umesh Lalit had laid the guidelines to be followed in dealing with the complaints of dowry harassment.

As two amicus curiae, senior counsel V. Shekhar and Indu Malhotra, sought the stay of judgement under which the guidelines were framed, the court said it "may accept or overrule it".

Shekhar and Malhotra were appointed as amicus curiae on the last date of hearing on October 13.

The guidelines dealt with how police should proceed in cases of dowry harassment under Section 498A, but the court now said they were not required for its implementation.

The top court had on October 13 had decided to revisit the directions issued by its two judge bench holding police would not arrest husband or his family members till the allegation of dowry harassment were verified by a committee.

Expressing its disagreement with the directions issued on July 28, the bench of Chief Justice Misra, Justice Khanwilkar and Justice Chandrachud then said that the court "can't write law" but "only interpret law".

" ... 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", the court had said.

Issuing eight directions in their July 28 judgment to prevent the harassment of husband and his family members in alleged dowry harassment cases, the bench of Justice Goel and Justice Lalit said that they were conscious of the object for which the provision to curb dowry harassment was brought, but at the same time, "violation of human rights of innocent cannot be brushed aside".

It had said that "certain safeguards against uncalled for arrest or insensitive investigation have been addressed by this Court. Still, the problem continues to a great extent".

"To remedy the situation, we are of the view that involvement of civil society in the aid of administration of justice can be one of the steps, apart from the investigating officers and the concerned trial courts being sensitized," it said, also adding that it was also necessary to facilitate closure of proceedings where a genuine settlement has been reached instead of parties being required to move the High Court only for that purpose.

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