In the case of dowry harassment, the safeguard was found to her husband and her family. Supreme Court has cleared the way for the arrest of her husband while making major changes in her earlier decision. SC said on Friday that there is no need for Family Welfare Committee to resolve the complaints. Withholding the ban on the arrest of the accused in the case, SC said that it is necessary to protect the victim. The Court further said that the option of advance bail is open for the accused.
The bench of two Supreme Court judges in the dowry torture case had said in the last year's decision that there will be no direct arrest in the case of dowry harassment but after the verdict, the bench of three judges headed by Chief Justice Deepak Mishra had said that he does not agree with the safeguard given in the decision in the Dowry Harassment case. The bench of three judges, headed by the Chief Justice of the Supreme Court against the Bench's decision of the two judges, had decided to consider it again and decided to keep the decision safe after the hearing.
What was the judgment of the bench of two judges
On July 27, 2017, the bench of two judges of the Supreme Court had said that the arrest of the IPC Section-498A i.e. dowry harassment case will not be directly. The Supreme Court has said that in order to look into the dowry harassment case, a family welfare committee should be formed in every district and the arrest of the committee should not be taken before the report is received. The Supreme Court expressed concern over the misuse of the law in the Dowry harassment case and has asked the Legal Service Authority to set up the Family Welfare Committee in each district. In this, people of civil society also join
Given reference to the earlier judgments
The bench of Justice AK Goel and Justice UU Lalit of the Supreme Court had said that the guidelines were issued in the case of Rajesh Sharma vs. State of UP, and under this, arrest of safeguard was given in the case of dowry harassment. The Supreme Court had said that SC had earlier given the order in the case of Arnesh Kumar vs. Bihar State that there was no arrest for any concrete reasons that meant safeguards for arrest.
The Law Commission also said that the matter should be made a negotiator. Human rights of innocent people can not be ignored The need for safeguard for unsolicited arrests and insensitive investigations was stated as these problems are continuing.
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