BIG CHANGE IN IPC 498A
By Sandeep nagyaan · 15 Sep 2018
The Supreme Court on friday change its 2017 order to the IPC 498A. Court said if Parliament had enacted Section 498A IPC in 1983 to protect women from cruetly in matrimonial homes, it was now obliged to frame protective measures to curb harassment of husbands annd their relatives from misuse and prevent a war between two sexes.
What is IPC498A:- In this law a husband and his family are can not be arrested without any investigation after 2015 when a complaint is lodged by the wife or any of her relative claiming that the husband or his relatives treated her cruelly. Once the complaint is lodged the husband and his family are presumed guilty and it is up to them to prove that they are innocent in a court of law. This law has been under much controversy due to its increasing misuse leading to breakdown of families.
Last order of the court:- On July 27 last year, the court had ordered ‘family welfare committees’ to be set up in the districts. These committees, composed of choice citizens, were supposed to act as a vanguard against “disgruntled wives” using the anti-dowry harassment provision of Section 498-A of the Indian Penal Code (IPC) as a “weapon” against their husbands and in-laws, young and old, rather than a “shield.”
currently situation:- A bench of CJI Dipak Misra and justice A M Khanwilkar and D Y Chandrachud said the perception of persecution under Section 498A because of "super sensitivity". Bench said to the lagislature to introduces a protective provision as regards the arrest.