Curative Bench while hearing a Petition filed by Women’s panel, finds no fault with its 2014 verdict.

Chief Justice of India T.S. Thakur led Curative Bench, has upheld the 2014 Supreme Court verdict which had ruled that Men and his Family cannot be arrested “automatically” just because a dowry harassment complaints filed by their wives.

Four-judge Bench with Justices Anil R. Dave, J.S. Khehar and P.C. Ghose found no fault with the verdict that the dowry harassment law which had become a “menace”to the Society.

It was more often being used as “ the weapons rather than being used as the shields by disgruntled wives” enunciated the Apex Court Bench.

Justice Chandramauli Kumar Prasad days before his retirement in 2014, led a Bench that had lamented that the courts were filled with mothers-in-law, sisters-in-law and fathers-in-law and husbands who were facing prosecution under Section 498 A (Dowry Harassment),Indian Penal Code.

Dowry harassment is a Cognisable and Non-Bailable Offence. If person is found guilty, a person faces up to three years' imprisonment and fine. This irked the women’s rights groups and thus the National Commission for Women sought a rare curative relief in the court.

The Apex Court Bench in 2014 had expounded that, “The simplest way to harass husband and his relatives was to get them arrested under Section 498A, Indian Penal Code. There are a number of cases where bedridden grandfathers and grandmothers of the husbands, their sisters living abroad for decades have been arrested”.

Lowest conviction rate

Statistics shared show that Section 498A made upto 4.5 per cent of total crimes charged under the different sections of the IPC. Supreme Court also took into Consideration the humilation, scars and infringement of freedom that comes along with Arrest. Thus directed Police not to arrest unnecessarily and also Magistrates not to authorise detention casually and mechanically.

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