SC to revisit its order diluting IPC section on abused wives
Source – indiatimes.com
NEW DELHI: The Supreme Court agreed with senior advocate Indira Jaising on Friday for a comprehensive relook into its earlier judgment diluting the stringency of Section 498A of the Indian Penal Code that many believed was abused by some women to wreak vengeance on estranged husbands and in-laws.
Taking into account instances of such abuse, a bench of Justices A K Goel and U U Lalit had in July last year restrained police from effecting the immediate arrest of 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. “Every complaint under Section 498A received by the police or the magistrate be referred to and looked into by such committee,” the bench had said and warned against any arrest till the committee gave its report.
However, a three judge bench headed by Chief Justice of India Dipak Misra said in October last year that this judgment could affect the rights of women, protecting which was the objective of the legislature while inserting Section 498A in the IPC.
The CJI-led bench agreed for a common hearing on the two petitions and posted them for hearing on July 9. It said the exercise would involve examining the statement and object behind the enactment of Section 498A, the views of the Supreme Court and high courts in the past on this provision and whether constitutional courts could set up committees to regulate and restrict the legislative intent behind a provision of law meant to protect the rights of women in matrimonial homes.
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