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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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Rahul Gandhi accuses Modi of foreign backing, BJP hits back with UK clip

Rahul Gandhi alleged that foreign forces helped Narendra Modi become Prime Minister and continue in power. The Congress leader also challenged Modi to an open debate, while the BJP responded by sharing an old video of his remarks during a UK visit.

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Rahul Gandhi

A fresh political confrontation has erupted between the Congress and the Bharatiya Janata Party (BJP) after Leader of Opposition Rahul Gandhi accused Prime Minister Narendra Modi of becoming and remaining in power with foreign assistance.

Gandhi also challenged the Prime Minister to an open debate on the issue, saying he was ready to face him on any platform and at any time.

The BJP responded by bringing up an old video of Gandhi from his visit to the United Kingdom, reviving the controversy surrounding his remarks about India’s democratic institutions and the role of foreign countries.

What Rahul Gandhi said about PM Modi

Gandhi’s remarks came in response to Modi’s recent comments targeting the Opposition during his address at the Rashtriya Ekta Diwas celebrations in Gujarat on October 31.

In a post on X on Monday, Gandhi accused the Prime Minister of relying on foreign support to attain and retain power.

“Mr Modi, stop lying to this nation. You became PM because of foreign help. You remain PM because of foreign help,” Gandhi wrote.

He further alleged that India’s financial system was fully controlled and supported by foreign entities and claimed that foreign social media platforms backed the Prime Minister.

The Congress leader also challenged Modi to discuss the allegations publicly.

“I challenge you to an open debate about this. Any stage, any time. Come if you have the guts,” he said, adding that the Prime Minister would not accept the challenge because of what Gandhi claimed to know about him.

Why PM Modi criticised the Opposition

Gandhi’s response followed Modi’s address at the Rashtriya Ekta Diwas event in Ekta Nagar, Gujarat, marking the 151st birth anniversary of Sardar Vallabhbhai Patel.

During his speech, the Prime Minister accused the Opposition of moving away from its democratic responsibility of questioning the government and instead becoming an obstructionist force.

Modi described the Opposition as an “Avrodh Paksh” rather than a “Virodh Paksh”, alleging that it was creating obstacles to the country’s development.

Without directly naming Gandhi, the Prime Minister also raised questions about the foreign visits of certain political leaders and their alleged connections with forces opposed to India.

“Who is secretly meeting whom abroad? Whom are the anti-India forces supporting? Who is speaking the language of India’s enemies?” Modi asked.

He also expressed concern over the use of social media to spread rumours and attempts to damage India’s image.

BJP brings back Rahul Gandhi’s old UK remarks

The BJP responded to Gandhi’s allegations by sharing an old video from his UK visit, bringing attention back to his earlier comments about India’s democratic institutions and the involvement of foreign countries.

During an interaction at Chatham House in London in March 2023, Gandhi had alleged that several Indian institutions, including the Press, judiciary, Parliament and Election Commission, were under threat.

He had also questioned why Europe and the United States were not doing enough to raise concerns about what he described as threats to democracy in India.

The remarks had triggered a political controversy at the time, with the BJP accusing Gandhi of seeking foreign intervention in India’s internal affairs.

BJP leaders had demanded an apology from the Congress leader over his comments during the UK visit.

The resurfacing of the old video has brought those earlier remarks back into the political debate as the Congress and BJP trade accusations over alleged foreign backing.

Political confrontation intensifies

The latest exchange comes amid an ongoing confrontation between the ruling BJP and the Opposition over several issues, including allegations of electoral irregularities and the role of constitutional institutions.

Gandhi’s challenge to Modi for an open debate has added another dimension to the political dispute, with both parties questioning each other’s alleged connections with foreign forces.

While Gandhi has accused the Prime Minister of benefiting from foreign support, the BJP has repeatedly questioned the Congress leader’s overseas remarks and alleged attempts to involve foreign countries in India’s internal political matters.

Neither side’s allegations about foreign backing should be treated as established facts without supporting evidence.

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Delhi Pollution: GRAP-II curbs imposed across NCR as AQI hits 324

Delhi’s air quality deteriorated to the very poor category on November 2, prompting the CAQM to implement GRAP Stage II across Delhi-NCR. The measures aim to control dust and vehicular pollution.

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Delhi-Pollution

Delhi’s air quality deteriorated to the ‘very poor’ category on Monday, November 2, prompting the Commission for Air Quality Management (CAQM) to invoke Stage II of the Graded Response Action Plan (GRAP) across the National Capital Region (NCR) with immediate effect.

The national capital’s Air Quality Index (AQI) reached 324 at 4 pm, placing it in the very poor category. The deterioration followed a sharp increase in pollution levels over three days, with the AQI rising from 117 on October 31 to 261 on November 1 before crossing the 300 mark on Monday.

The CAQM attributed the worsening air quality to unfavourable meteorological conditions. Forecasts by the India Meteorological Department (IMD) and the Indian Institute of Tropical Meteorology (IITM) also indicated that Delhi’s air quality could remain in the very poor category over the coming days.

What is GRAP Stage II and why has it been imposed?

The Graded Response Action Plan is a set of emergency measures designed to tackle worsening air pollution in Delhi-NCR. It has different stages based on the severity of air quality.

Under the AQI classification, readings between 301 and 400 fall in the very poor category. GRAP Stage II is applicable when air quality reaches this range.

With Delhi’s AQI climbing to 324, the CAQM directed authorities to implement Stage II measures across the NCR. The directions also require agencies to continue implementing measures under the earlier stages of GRAP.

What restrictions come under GRAP Stage II?

The second stage of GRAP focuses on strengthening pollution-control measures, particularly those related to road dust, vehicular emissions and other sources of pollution.

Some of the important measures include:

  • Road cleaning: Authorities are required to intensify mechanical sweeping of roads and water sprinkling to control dust.
  • Traffic management: Traffic police are directed to manage congestion at busy roads and intersections.
  • Vehicle checks: Enforcement teams are required to intensify checks for valid Pollution Under Control (PUC) certificates and take action against visibly polluting vehicles.
  • Parking charges: Higher parking fees are among the measures intended to discourage the use of private vehicles.
  • Diesel generators: The use of diesel generator sets is subject to stricter regulation.
  • Public transport: Authorities are required to encourage the use of public transport to reduce vehicular emissions.

These measures are intended to reduce pollution levels across Delhi-NCR.

Delhi’s AQI worsens over three days

Delhi witnessed a significant deterioration in air quality over a short period.

The AQI stood at 117 on October 31, placing it in the moderate category. It subsequently increased to 261 on November 1, entering the poor category.

On November 2, the reading climbed further to 324 by 4 pm, pushing the national capital into the very poor category.

The situation was also reflected in readings from individual monitoring stations. Several locations recorded AQI levels above 300.

Among the areas reporting high pollution levels were RK Puram, ITO, Akshardham, India Gate, Alipur, Dwarka Sector 8 and Delhi University’s North Campus.

With pollution levels worsening and unfavourable weather conditions expected to persist, authorities have been directed to strengthen enforcement of the prescribed pollution-control measures across the region.

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PM Modi to inaugurate Pune metro pink line, launch Rs 21,800 crore projects

Prime Minister Narendra Modi will inaugurate Pune Metro’s Pink Line and lay the foundation stone for Phase II projects worth around Rs. 13,500 crore on November 3. The combined value of the projects is approximately Rs. 21,800 crore.

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PM Modi

Prime Minister Narendra Modi will inaugurate Pune Metro Line 3, also known as the Pink Line, and lay the foundation stone for four new metro corridors under Phase II on November 3. The projects, taken together, are estimated to be worth around Rs. 21,800 crore.

The inauguration and foundation stone-laying ceremony will take place through video conferencing at 12:30 pm. The Prime Minister will also address the gathering.

The programme includes the inauguration of the approximately 23-km-long Pink Line, developed at a cost of over Rs. 8,300 crore, and the launch of Pune Metro Phase II, which has an estimated cost of around Rs. 13,500 crore.

Pune Metro Pink Line to connect Hinjewadi and Shivajinagar

The Pink Line, officially known as Pune Metro Line 3, will connect Maan with District Court Metro station. The approximately 23-km corridor will provide metro connectivity between Hinjewadi, one of Pune’s major IT hubs, and Shivajinagar.

The new line is expected to improve access to important employment, commercial and residential areas, particularly benefiting IT professionals and other daily commuters.

It will also integrate with Pune’s existing metro network, allowing passengers to travel between different parts of the city more conveniently.

The project is expected to reduce dependence on private vehicles, ease traffic congestion and help lower vehicular emissions.

Pink Line to be operated entirely by women

An important feature of Pune Metro’s Pink Line is that it will be operated entirely by women train operators. The initiative has been highlighted as a step towards women’s empowerment and gender-inclusive public transportation.

The corridor also incorporates renewable energy measures. Around 30 per cent of its total electricity requirements are envisaged to be met through solar power.

Four new corridors planned under Pune Metro Phase II

Along with inaugurating Line 3, PM Modi will lay the foundation stone for Pune Metro Phase II, estimated to cost around Rs. 13,500 crore.

The expansion will comprise four corridors — Lines 2A, 2B, 4 and 4A — aimed at improving connectivity across major residential, commercial and IT hubs.

The proposed routes include:

  • Line 2A: Vanaz to Chandani Chowk.
  • Line 2B: Ramwadi to Vitthalwadi.
  • Line 4: Kharadi to Khadakwasla.
  • Line 4A: Nal Stop to Manik Baug.

Lines 2A and 2B will together cover approximately 12.75 km. Line 4 will span around 25.52 km, while Line 4A will cover approximately 6.12 km.

The eastern extension between Ramwadi and Vitthalwadi is expected to improve connectivity to developing residential, commercial and IT areas in Kharadi and Wagholi.

Key Pune areas to benefit from metro expansion

The proposed Phase II corridors will connect several important locations across Pune, including Kharadi, Magarpatta, Hadapsar, Swargate, Manik Baug, Nanded City, Pune Cantonment and Warje.

The new corridors will also integrate with the existing Pune Metro network and intercity bus services through interchange facilities at Swargate, Nal Stop and Kharadi Bypass.

The expansion is aimed at strengthening public transportation infrastructure and providing commuters with a more integrated urban mobility network across the city.

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