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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

Abhishek Banerjee says will not bow to BJP after nearly 11 hours of ED questioning

After spending nearly 11 hours before the Enforcement Directorate, TMC leader Abhishek Banerjee said he would not bow to the BJP and accused the ruling party of using investigative agencies for political purposes.

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Abhishek Banerjee

Trinamool Congress leader and Diamond Harbour MP Abhishek Banerjee on Tuesday said he would not bow to the BJP after spending nearly 11 hours being questioned by the Enforcement Directorate (ED) in connection with an ongoing investigation.

Speaking after the questioning, Banerjee alleged that central agencies were being used to target opposition leaders and asserted that he would continue his political fight despite what he described as sustained pressure.

The TMC leader has repeatedly maintained that investigations involving him are politically motivated, a charge he has made on several previous occasions while appearing before central agencies.

His appearance before the ED comes amid a period of heightened political activity and multiple investigations involving leaders in West Bengal. Recent days have also seen Banerjee face summons and questioning in separate matters by state investigative agencies.

After leaving the ED office, Banerjee reiterated that he would not be intimidated and said he remained committed to his political responsibilities. He also accused the BJP of attempting to weaken opposition parties through investigative action, an allegation that the BJP has rejected in the past.

The Enforcement Directorate has not publicly commented on Banerjee’s remarks. The investigation related to the questioning remains ongoing.

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India News

DMK attacks Rahul Gandhi, accuses him of weakening opposition unity

DMK has intensified its criticism of Rahul Gandhi, alleging that the Congress leader’s actions have weakened opposition unity and strained relations within the INDIA bloc.

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Rahul-Gandhi

The war of words between the DMK and Congress has intensified, with the DMK launching a strong attack on Leader of Opposition Rahul Gandhi and accusing him of contributing to divisions within the opposition alliance. The criticism comes amid strained ties between the two parties following their political split in Tamil Nadu.

According to the DMK, Rahul Gandhi’s political approach has weakened unity among opposition parties. The party’s IT wing mocked the Congress leader on social media, while an editorial published in the DMK’s official mouthpiece Murasoli questioned his recent remarks on opposition solidarity.

DMK questions Rahul Gandhi’s remarks on opposition unity

In its editorial, Murasoli argued that Rahul Gandhi was speaking about opposition unity despite, according to the DMK, contributing to disagreements among alliance partners in several states. The publication cited criticism directed at Congress by various opposition parties and suggested that the party’s actions had often created tensions within the INDIA bloc.

The editorial also referred to past political disputes involving Congress and Left parties, particularly in Kerala, claiming such episodes had raised concerns among opposition allies about Congress’s approach toward its partners.

Tamil Nadu political fallout adds to tensions

The attack comes after a major political realignment in Tamil Nadu. Following the 2026 Assembly elections, Congress ended its alliance with the DMK and joined the government led by Vijay’s Tamilaga Vettri Kazhagam (TVK). The move left the DMK in the opposition and significantly altered the political equation between the two former allies.

The DMK has alleged that Congress benefited from the alliance during the election and later abandoned its partner. The party’s editorial questioned whether assurances from Congress leadership would be trusted by alliance partners after the developments in Tamil Nadu.

Congress rejects allegations

Congress has not issued a detailed official response to the editorial, but party sources have rejected the allegations. According to the party, its decisions in Tamil Nadu were made in line with the mandate delivered by voters and were not intended to undermine either the DMK or the broader opposition alliance.

The latest exchange highlights growing strains between two key opposition parties even as leaders continue to stress cooperation on national issues. Just days earlier, Rahul Gandhi had said that the DMK remained aligned with the opposition on defending the “idea of India” despite political differences.

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Entertainment

Kumkum Bhagya actor Sanchita Ugale dies by suicide near Mumbai at 22

Television actor Sanchita Ugale, known for Kumkum Bhagya and Wagle Ki Duniya, died by suicide at her residence near Mumbai. Police have launched an investigation.

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Sanchita Ugale

Television actor Sanchita Ugale, known for her appearances in Kumkum Bhagya, Wagle Ki Duniya and Dilwali Dulha Le Jayegi, died by suicide at her residence in Nalasopara East near Mumbai on June 14. She was 22.

According to police officials, the incident took place at her home in Achole village, Nalasopara East. Authorities said Ugale had locked herself inside her bedroom and was later found hanging from a ceiling fan. Family members and local residents rushed her to a hospital, where doctors declared her dead.

Police have registered an Accidental Death Report (ADR) and launched an investigation into the circumstances surrounding her death. Officials said inquiries are underway and the exact reason behind the incident has not yet been established.

Career across television, OTT and films

Ugale had built a growing presence in the entertainment industry through television, streaming projects and films. Apart from Kumkum Bhagya and Wagle Ki Duniya, she played a lead role in Dilwali Dulha Le Jayegi. She also appeared in OTT projects such as Crime Aaj Kal and Silence 2.

The actor was also associated with the film Chhaava, which contributed to her growing recognition among audiences.

Last social media post draws attention

Following news of her death, social media users shared and commented on Ugale’s final Instagram post, which had been uploaded hours before the incident. The post showed the actor in traditional attire lip-syncing to a classic Bollywood song. Fans expressed shock and grief after learning of her death.

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