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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.

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Privilege motion against Union Minister Kiren Rijiju for calling Opposition MPs unworthy of House

The Union Minister said that if the Opposition cannot respect the chair, then they have no right to be a member of this House.

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Privilege Motion against Union Minister Kiren Rijiju for calling Opposition MPs unworthy of House

Sagarika Ghose, Trinamool Congress MP on Thursday moved a privilege motion against Union Minister Kiren Rijiju for calling opposition MPs unworthy of being in Rajya Sabha.

Reportedly, the notice was endorsed by 60 opposition MPs. This follows a day after Kiren Rijiju, speaking to opposition MPs in Rajya Sabha, said that they all are not worthy of being in this house.

Addressing the media, Trinamool MP Sagarika Ghose said that the Minister for Parliamentary Affairs, Kiren Rijiju, instead of doing his best to run Parliament smoothly, has chosen to repeatedly insult the opposition.

She added that Kiren Rijiju has insulted opposition members and used personal terms both inside and outside Parliament. She continued that this is totally unbecoming of the high office he holds and amounts to total misuse of his position.

In a privilege motion against Union Minister Kiren Rijiju, Trinamool MP accused him of misusing his office and using unparliamentary language against the opposition. Many senior leaders from all opposition parties have signed the motion, she added.

Earlier on Wednesday, Kiren Rijiju criticised opposition members, saying they were not worthy of being in the House. He further defended Vice President and Rajya Sabha Chairman Jagdeep Dhankhar, who has faced opposition attacks.

The Union Minister said that if the Opposition cannot respect the chair, then they have no right to be a member of this House.

Nearly sixty MPs from the opposition INDIA bloc on Tuesday submitted a notice in the Rajya Sabha for a no-confidence motion against Jagdeep Dhankhar. The Opposition accused him of being extremely partisan in his role as chairman of the Upper House.

In the no-confidence motion, Congress Chief Mallikarjun Kharge said that the Opposition have no personal enmity or political fight with him, but want to tell the countrymen that they have taken this step to safeguard democracy, the Constitution, and after giving it a lot of thought.

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Ahead of elections, Delhi government clears Rs 1000 per month for women, Arvind Kejriwal promise Rs 2100 if AAP wins

Arvind Kejriwal stated that previously he had promised to give Rs 1000 to every woman, but some women came to him and said that Rs 1,000 would not be sufficient due to inflation.

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Ahead of elections, Delhi government clears Rs 1000 per month for women, Arvind Kejriwal promise Rs 2100 if AAP wins

Ahead of the assembly elections, Aam Aadmi Party chief Arvind Kejriwal on Thursday announced that the Delhi cabinet has cleared a financial assistance proposal for women over the age of 18. He further announced that the assistance of Rs 1,000, originally announced in March, would be hiked to Rs 2,100 if the AAP wins. 

Arvind Kejriwal noted that the money would not be credited into bank accounts since elections were likely to be announced soon, but said that registrations for the scheme, named Mukhyamantri Mahila Samman Yojana, would begin tomorrow.

The former Delhi Chief Minister said that the registration will begin tomorrow, and the registrations will begin for Rs 2,100 and not Rs 1000. He made this announcement at Mahila Samman Yojana event where he was accompanied by Delhi Chief Minister Atishi.

Arvind Kejriwal stated that previously he had promised to give Rs 1000 to every woman, but some women came to him and said that Rs 1,000 would not be sufficient due to inflation. Therefore, Rs 2,100 will be deposited into the accounts of all women, he continued. Furthermore, the AAP national convenor said that the aforesaid proposal was passed in the cabinet meeting chaired by Atishi this morning, following which the scheme has been implemented.

In March 2024, the then Kejriwal-led Delhi government announced Rs 1,000 per month to all women above 18 years in the national capital under the Mukhyamantri Samman Yojna.

Notably, this initiative bore resemblances to Madhya Pradesh’s Ladli Behna Yojana, under which women from lower- and middle-class homes would receive a monthly transfer of Rs 1,000 into their accounts.

In his address today, Arvind Kejriwal said the scheme would prove to be a boon for the Delhi government as it will be blessed by mothers and sisters, benefitting from the monthly funding.

He also added that women build the future of the country, and they consider it their privilege to support them in their work. Along with Delhi’s two crore population, the government overcomes the biggest obstacles, he said, adding no obstacle can prevent them from doing good work for the people of the city.

Lashing out at the BJP, Arvind Kejriwal said that he first announced the scheme in March and hoped that it would be implemented at least by May. However, the BJP conspired and sent him to jail based on a fraud case. He added that since his return from jail, he has worked to implement this scheme with Atishi. 

Arvind Kejriwal was arrested by the Enforcement Directorate in March in connection to the Delhi liquor policy case. The former Chief Minister was released from Tihar Jail on September 13 after the Supreme Court granted him bail. Four days later, he resigned as the Delhi Chief Minister.

The elections to the 70-member Delhi Assembly are expected in January 2025. The AAP has so far released two lists of candidates to contest the election.

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Maharashtra CM Devendra Fadnavis meets PM Modi amid deadlock over cabinet portfolios

Devendra Fadnavis, Eknath Shinde, and Ajit Pawar agreed on a division of 22 ministerial berths for the BJP, 11 for Shiv Sena, and 10 for the NCP.

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Maharashtra Chief Minister Devendra Fadnavis met Prime Minister Narendra Modi in New Delhi on Thursday amid conundrum over cabinet portfolios. Almost three weeks after winning a majority in Maharashtra elections, the Mahayuti alliance is yet to decide on cabinet portfolios among the three alliance partners namely BJP, Shiv Sena and NCP.  

The meeting with the Prime Minister comes amid the three parties requesting the intervention of central BJP leaders to address remaining contentious issues. Earlier on Wednesday night, Fadnavis and his deputy Ajit Pawar held a meeting with Union Home Minister Amit Shah and BJP chief JP Nadda. Meanwhile, Deputy Chief Minister Eknath Shinde chose not to join the trip.

Reports said, Devendra Fadnavis, Eknath Shinde, and Ajit Pawar agreed on a division of 22 ministerial berths for the BJP, 11 for Shiv Sena, and 10 for the NCP. Notably, the maximum number of cabinet positions in Maharashtra, including the chief minister, is 43.

Nonetheless, the distribution of berths may still change. As per BJP leaders, if Shiv Sena and NCP request more positions, they will likely be assigned less significant portfolios. The major portfolios, including home and revenue, are expected to remain with the BJP. Reportedly, while Eknath Shinde had pushed for the home department, he has been given urban development, and the finance portfolio will go to the NCP.

The Shiv Sena initially argued that the election victory was achieved under Shinde’s leadership, insisting that he should remain Chief Minister. Nonetheless, the BJP stood firm, pushing for Fadnavis to hold the top position. Eknath Shinde had limited leverage, as the BJP only needed the NCP’s support to secure a majority. Notably, Shinde has always maintained publicly that he would not block government formation and took the oath as Deputy Chief Minister on December 5. 

However, Eknath Shinde’s current absence from the capital has raised questions in political circles, and it remains unclear whether he will join the discussions in Delhi.

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