New Delhi: The Supreme Court on Friday modified a previous order providing for setting up of a committee to deal with complaints of dowry harassment, thereby restoring to the police the power to investigate a case filed under Section 498A of the Indian Penal Code dealing with the issue.The top court had on April 23 reserved its verdict on a batch of pleas seeking revision of a 2017 judgment that had reduced the severity of the anti-dowry law on the offence of subjecting a married woman to cruelty by spouse and in-laws.“We have protected pre-arrest or anticipatory bail provision in dowry harassment cases,” said a bench headed by Chief Justice Dipak Misra and comprising justices A.M. Khanwilkar and D.Y. Chandrachud.The apex court, while modifying the verdict given by its two-judge bench, said there is no scope for courts for constitutionally filling up gaps in penal law.“There should be gender justice for women as dowry has a chilling effect on marriage on the one hand. On the other hand, there is right to life and personal liberty of the man,” the bench said while reserving its verdict.A two-judge bench of the apex court had in July last year voiced concern over “abuse” of section 498A (subjecting a married woman to cruelty) and passed a slew of directions, including that no arrest should “normally be effected” without verifying allegations as violation of human rights of innocents could not be brushed aside.The bench was hearing a plea filed by Nyayadhar, an NGO formed by a group of women advocates of Maharashtra’s Ahmednagar district, seeking sharpness in section 498A, claiming that the otherwise “helpful instrument” in the hands of victim women has become “valueless”.
