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Welfare panels can’t evaluate dowry complaints: SC
News:
- Supreme Court judgement to scrap family welfare committee which was established to look into the crimes related to IPC section 498A in 2017.
IPC Section 498: Deals with domestic violence and cruelty towards women by the husband or his family members and the person who practices cruelty, or demands the dowry would be accountable to be prosecuted criminally.
Important Facts
- Due to rampant misuse of Section 498A, the court has in 2017, ordered to form family welfare committee under District Legal Service Authority.
- Family welfare committee was entrusted with:
- Empowered to interact with parties involved in family disputes
- Police cannot make an arrest until the report is submitted by the panel.
- The law provides for an anticipatory bail provision as well.
4. However, in the recent judgement the court has said the formation of family welfare committee is not justified because.
- It is an extra judicial authority and they cannot exercise statutory function.
- Their duties and action are beyond the scope of law.
- Scope for delay and harassment of women in genuine cases
- Lack of transparency in working of welfare committee.
5. Though court has ordered to scrap the committee, it has upheld the direction given by the court in 2017 judgement such as:
- Police to conduct preliminary enquiry into the matter of family/matrimonial disputes.
- Investigation officers who is in-charge should be imparted rigorous training in this regard.
- Expediting bail plea in dowry cases
6. It is also said that statutory provision will provide the guidelines for the police regarding registration of FIRs in this matter and not the court.
