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498A: Supreme Court does away with family welfare committees, restores role of cops

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498A: Supreme Court does away with family welfare committees, restores role of cops

The Supreme Court on Friday, September 14, did away with the requirement of a family welfare committee to examine veracity of complaints under Section 498A of IPC while advocating balancing of interests of both the sides in dowry harassment cases.

The judgment was rendered by Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachud.

Modifying its judgment in Rajesh Sharma v. Union of India, which had laid down safeguards for the prevention of misuse of Section 498A of the Indian Penal Code, the Court scrapped the all-important direction contained in para 19(1) of the 2017 judgment which provided for constitution of Family Welfare Committees in every district to look into complaints under Section 498A and to submit a report on the same after interacting with the parties.

The two-judge Bench that passed the judgment in July 2017 had also directed that no arrest could be made till such committee submitted its report. This direction has now been done away with.

The Court restored the power of the police to decide whether or not to make arrest under Section 498A after it modified an earlier order of the apex court.

The three-judge bench headed by the CJI held that there is no need for a family welfare committee to examine complaints and that police officers, based on facts of the case and governed by the legal provisions, should decide on their own.

It also said that anticipatory bail provision shall remain intact for the husband and his family members.

The Court also favoured the view taken by a two-judge bench that bail plea should be expedited in case of arrests under Section 498A.

It however noted that a Court cannot frame guidelines for the police regarding registration of FIRs on subjecting a married woman to cruelty for dowry, as the process has to be governed by statutory provisions.

“There are no gaps in the law to be filled up by the courts,” said the SC bench.

The top court left it to Parliament to make suitable rules to check abuse of the law. The court said there are in-built remedies in Criminal Procedure to check the misuse of law like Section 41A and anticipatory bail among others.

In October last year, the Supreme Court had indicated that it would revisit its earlier verdict that put an end to automatic arrests under Section 498A of the IPC often invoked in dowry-related cases.

The Supreme Court bench had said it was “not in agreement” with the decision and “prima facie, we perceive that the guidelines may be in the legislative sphere”. “At this stage, we are obligated to state that we are not in agreement with the decision rendered in Rajesh Sharma vs State of UP, because we are disposed to think that it really curtails the rights of the women who are harassed under Section 498A (subjecting a married woman to cruelty) of the Indian Penal Code,” the bench had said.

The court’s earlier verdict, issued on July 27, 2017, had laid down a set of guidelines that included the setting up of family welfare committees to vet complaints of harassment. The court was hearing a PIL filed by NGO Nyayadhar which sought sharpness in Section 498A, claiming that the otherwise “helpful instrument” in the hands of victim women had become “valueless”. It had also sought a direction to include two women members in the three-member family welfare committee as suggested in earlier court order.

On Friday, the three-judge bench headed by CJI Dipak Misra held that such panels had no place under the established criminal procedural law. They were beyond the Code of Criminal Procedure Code.

With this, the Bench restored to the police their power to immediately register an FIR and act on a dowry harassment complaint filed by a married woman.

Chief Justice Misra observed that the Bench of Justices AK Goel (now retired) and UU Lalit, which passed the last year order, merely wanted to craft a fair and reasonable procedure for complaints under Section 498-A. Nevertheless, Justice Goel’s Bench could not have interpreted Section 498-A beyond the scope of the established law, CJI Misra, who authored the 35-page Friday judgment, observed.

Chief Justice Misra reasoned that one of the major factors that influenced the last year order was statistics published by the National Crime Records Bureau, which showed that 1,97,762 husbands and relatives were arrested in 2012 alone for dowry harassment. Justice Goel had observed how an arrest “brings humiliation, curtails freedom and casts scars forever”.

But Chief Justice Misra rationalised that the blame does not lie with Section 498-A, which was introduced in 1983 by Parliament to protect hapless married women against dowry menace. The evil lay in the misuse of arrest powers by the police “who behave like emperors considering the notion that they can do what they please”.

Section 498-A IPC is cognisable and non-bailable offence. A guilty person faces up to three years in prison.

Chief Justice Dipak Misra agreed with the last year order to have a designated police officer to probe dowry complaints. It had ordered the Director General of Police of every State to provide such officers rigorous training.

The Chief Justice however differed with Justice Goel’s direction to empower district judges to close dowry harassment cases if the parties reached out-of-court settlement. Instead, the parties would now have to approach the High Court concerned for quashing of the complaint filed by the married woman.

The Friday judgment concurred with the last year order that recovery of dowry items by itself cannot be a ground for denial of bail to the accused. The judgment also saw eye-to-eye with the direction of Justice Goel that impounding of passport of an accused person or issuance of Red Notice should not be done on a routine basis.

The three-judge Bench also held that accused persons should apply for exemption from personal appearance in dowry harassment hearings.

India News

BJP raises seat offer to Eknath Shinde’s Shiv Sena to nearly 90 ahead of Mumbai civic polls, talks continue

The BJP has raised its seat offer to Eknath Shinde’s Shiv Sena to nearly 90 for the upcoming BMC elections, but fresh talks are needed as differences persist within the Mahayuti.

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With the Brihanmumbai Municipal Corporation (BMC) elections drawing closer, the seat-sharing tussle within the Mahayuti alliance continues, with the BJP increasing its offer to Eknath Shinde-led Shiv Sena but failing to reach the party’s expectations.

According to sources, the BJP has now proposed close to 90 seats for the Shinde faction in the upcoming Mumbai civic polls. This is a significant jump from its earlier offer of 52 seats but still falls short of what Shinde is seeking. The Shiv Sena leader has reportedly reduced his demand from an initial 125 seats to 112, yet remains dissatisfied with the latest formula.

Chief Minister Devendra Fadnavis is expected to hold another round of discussions with Shinde to break the deadlock. Sources indicate that the BJP is unlikely to stretch its offer much further, especially after its strong showing in recent statewide local body elections.

BJP firm after strong local poll performance

The BJP has emerged as the single largest party in the recent local polls, securing 117 municipal president posts. In comparison, the Shinde-led Shiv Sena won 53 posts, while Ajit Pawar’s faction of the NCP secured 37. These results have strengthened the BJP’s negotiating position ahead of the BMC elections.

However, the current seat-sharing calculations could change if Ajit Pawar decides to contest the Mumbai civic polls as part of the alliance. Senior NCP leader Sunil Tatkare confirmed that no final decision has been taken yet, noting that discussions with alliance partners are ongoing.

Nawab Malik factor complicates alliance talks

A major point of contention within the Mahayuti is the issue of senior NCP leader Nawab Malik, who is facing multiple corruption cases, including a money laundering case linked to underworld activities. While the alliance has made it clear that Malik is unacceptable as part of its Mumbai setup, Ajit Pawar is reportedly firm on backing him.

Mumbai BJP chief Ameet Satam has publicly stated that the party would not align with any group that includes Malik. Sources added that if the NCP joins the alliance in Mumbai, it may be asked to project a different leader and contest a limited number of seats.

BMC elections timeline

The countdown to the Brihanmumbai Municipal Corporation elections has already begun, with less than a month left for polling. Voting is scheduled for January 15, with counting set to take place the following day. A total of 2,869 municipal seats will be contested, including 227 seats in the BMC.

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Everyone has their demands: Robert Vadra responds to calls for Priyanka Gandhi as PM candidate

Robert Vadra has reacted to growing calls for Priyanka Gandhi as a prime ministerial candidate, saying leadership speculation should not overshadow pressing issues like pollution and employment.

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Robert Vadra

Businessman Robert Vadra has reacted cautiously to growing political chatter around Congress leader Priyanka Gandhi Vadra being projected as a future prime ministerial candidate, saying such expectations are natural but the priority should remain on issues directly affecting the people.

The remarks came after Congress Lok Sabha member Imran Masood publicly pitched Priyanka Gandhi, the party’s general secretary and MP from Wayanad, as a potential prime ministerial face. The statement triggered sharp reactions from the BJP, particularly in the backdrop of criticism over Priyanka Gandhi’s response to violence against minorities in Bangladesh.

Focus should remain on people’s issues, says Vadra

Speaking to media, Robert Vadra said that demands and expectations often emerge from different sections, but leadership speculation should not distract from pressing national concerns.

“Everyone has their own demands. There are demands from various quarters that Priyanka should come forward. There are also demands that I should enter politics. But right now, the focus should be on the real issues that concern the people of the country,” Vadra said.

He underlined that challenges such as pollution, education and employment deserve greater attention in public and political discourse.

Emphasis on brotherhood and unity

Commenting on the situation in Bangladesh, Vadra stressed the importance of harmony and communal unity, cautioning against divisive narratives.

He said that during his visits to religious places across the country, he has observed similar values and concerns among people of different faiths. According to him, unity and brotherhood should guide discussions, rather than any Hindu-Muslim divide.

“No one should be involved in divisive activities. The focus should be on serious challenges facing the country,” he added.

Domestic concerns should come first

Vadra also said that national priorities must take precedence before engaging with issues beyond India’s borders.

“First, we should focus on matters related to our own country. After that, we can look at issues concerning Bangladesh or any other nation,” he said.

Pollution needs urgent attention

Highlighting environmental concerns, Vadra said pollution in the national capital has reached alarming levels and requires immediate solutions. He noted that the issue did not receive adequate discussion during the Winter Session of Parliament.

He pointed out that Priyanka Gandhi had also intended to raise the issue of pollution in Parliament. Vadra suggested that if domestic measures fail, international cooperation could be explored to address worsening air quality.

Christmas greetings and call for peace

On the occasion of Christmas, Vadra extended greetings, saying he prayed for peace, unity and the overall well-being of the country.

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J&K cabinet clears residential plot allotment for flood-affected families

The Jammu and Kashmir cabinet has approved allotment of residential plots to families affected by floods and landslides in August and September, paving the way for rehabilitation.

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j nd k

In a significant relief measure for disaster-hit families in Jammu and Kashmir, the government has approved the allotment of residential plots to people whose homes were damaged or destroyed in floods and landslides earlier this year. The decision aims to help affected families rebuild their houses at safer locations.

The Jammu and Kashmir cabinet, led by Chief Minister Omar Abdullah, has cleared the 5 Marla residential land allotment scheme. A senior official said the proposal has been forwarded to the Lieutenant Governor for assent, marking an important step towards large-scale rehabilitation.

According to the government, the decision will cover families impacted by floods, cloudbursts and landslides that occurred during August and September across the Union Territory. Most of the damage was reported from the Jammu region, where thousands of houses were affected due to extreme weather events.

Official data shared earlier in Parliament indicated that the disasters caused widespread destruction. Around 200 people lost their lives, while more than 8,400 houses were damaged. In addition to property losses, large tracts of agricultural land were affected, and livestock losses were also reported.

A significant number of casualties occurred during religious pilgrimages. On August 14, flash floods at the Machail Yatra base camp in Chisoti area of Kishtwar district claimed over 60 lives, with several people reported missing. Another tragedy struck on August 26, when a massive landslide hit the Mata Vaishno Devi Yatra track in Katra amid heavy rainfall, killing 35 pilgrims.

Following the Katra incident, protests were held against the shrine board over the continuation of the yatra despite weather warnings. The Lieutenant Governor had ordered a probe into the landslide, directing a three-member committee to submit its report within two weeks. However, the report has not yet been made public.

While ex-gratia relief has already been provided to the families of those who lost their lives, the demand for land allotment to rebuild homes at safer locations has remained a key concern among survivors. Officials said identifying suitable land that is both safe and acceptable to local communities has been challenging.

A senior official said groundwork at the district level has largely been completed and the cabinet’s approval has paved the way for the rehabilitation process. The Centre has already sanctioned the reconstruction of 5,000 houses damaged in the floods in Jammu and Kashmir.

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