Section 498A Judgment: SC agrees for an comprehensive relook into its earlier judgment

April 21,2018:

On Friday, Supreme Court has agreed with Senior Advocate Indira Jaising for a comprehensive relook into its earlier judgment diluting stringency of Section 498A of Indian Penal Code that many believed was abused by some women to wreak vengeance on the estranged husbands and in-laws.Apex Court Bench comprising of Justice A K Goel and Justice U U Lalit had in July,2017 restrained Police from effecting immediate arrest of the husbands and in-laws on receipt of complaints from women about cruelty in the matrimonial home and instead ordered setting up of committees to examine the complaint, talk to the couples and try for reconciliation.

The Bench had stated that,“Every complaint under Section 498A received by the police or the magistrate be referred to and looked into by such committee”.

Three-judge bench headed by CJI Dipak Misra had stated in October,2017 that this judgment could affect rights of women, protecting which was objective of legislature while inserting Section 498A in the Indian Penal Code.

Senior Advocate Indira Jaising submitted before SC Bench comprising of CJI Dipak Misra and Justice A M Khanwilkar and Justice D Y Chandrachud that, a bench led by Justice Goel had referred the earlier case to CJI for hearing along with the present petition filed by NGO Nyaydhar, a group of woman advocates of Ahmednagar district in Maharashtra, seeking to sharpen the language of Section 498A to make it even more stringent to protect women from abuse in the matrimonial homes.

Apex Court Bench agreed for a common hearing on the two petitions and posted them for hearing on July 9,2018.