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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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BJP focuses on religion as opposition pushes BDM strategy in UP

The BJP is emphasising religious issues ahead of the Uttar Pradesh Assembly elections, while opposition parties are seeking to consolidate Backward, Dalit and Minority voters. Recent exchanges involving Yogi Adityanath, Akhilesh Yadav and Asaduddin Owaisi have added to the political contest over the state’s electoral narrative.

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October 13, 2026

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Ahead of the 2027 Uttar Pradesh Assembly elections, the BJP is emphasising religious issues, while opposition parties are seeking to build a coalition of Backward, Dalit and Minority voters. The competing approaches have brought caste representation and religious messaging to the forefront of the state’s political discourse.

Recent temple-related controversies in Kashi, Ayodhya, Mathura and Sambhal have brought religious messaging back into the political conversation. The developments have also coincided with exchanges between Chief Minister Yogi Adityanath and Samajwadi Party chief Akhilesh Yadav over possible electoral contests.

Yogi Adityanath, Akhilesh Yadav trade election challenges

The latest round of political exchanges followed Yogi Adityanath’s invocation of the “80-20” formula during the Rajya Sabha election. Akhilesh Yadav subsequently challenged the Chief Minister to contest from Ayodhya.

During his visit to Ayodhya, the Samajwadi Party president attended a Bhagwat Katha but did not visit the Ram Mandir for darshan. His visit, during which he attended a Bhagwat Katha but did not visit the Ram Mandir for darshan, became another point of political discussion.

The Chief Minister responded during a visit to Balrampur, asking Akhilesh Yadav to contest against him.

The exchanges continued as political leaders questioned the Samajwadi Party chief’s religious outreach. State minister Om Prakash Rajbhar asked why Yadav had not visited Mathura, while AIMIM chief Asaduddin Owaisi challenged him to contest from Sambhal.

Responding to questions about the challenges, Akhilesh Yadav said the Chief Minister does not decide which candidates the parties nominate.

At a press conference in Lucknow, Yadav also remarked, “What could be better than getting the Chief Minister’s chair without even contesting the election?” His comment suggested that Adityanath might not contest the Assembly elections.

Adityanath, meanwhile, said he was pleased to have several options available to him.

BJP works on its own caste coalition

Alongside its emphasis on religious issues, the BJP is also seeking to broaden its social support base through caste representation.

During the Rajya Sabha elections, the party fielded three candidates from Backward Classes, two Dalits, two Brahmins and one Rajput. The Backward Class candidates included representatives of the Pal, Kurmi and Lodh communities.

The report describes the BJP’s selection of candidates from the Sonkar and Rawat communities as an attempt to attract support among the Gaur and Jatav Dalit vote banks. Its selection of two Brahmins and one Rajput was also part of its outreach to upper-caste voters.

These choices reflect the BJP’s efforts to build a social coalition that extends beyond its religious messaging as the state approaches the next Assembly election.

Akhilesh Yadav balances caste outreach with temple politics

The Samajwadi Party is also combining its BDM approach with religious outreach, described in the report as “soft Hindutva”.

Akhilesh Yadav is overseeing the construction of the Kedareshwar Temple in Etawah. When questioned about not visiting the Ram Mandir during his Ayodhya trip, he said he was waiting for the temple’s “Pran Pratishtha”, or consecration ceremony, implying that the ceremony held in 2024 did not count.

Yadav has also raised the issue of alleged theft of offerings at the Ram Temple, a move the report interprets as an attempt to appeal to Hindu voters.

The competing strategies indicate that caste representation, religious issues and temple-related controversies are all featuring in political messaging ahead of the 2027 Uttar Pradesh Assembly elections.

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L Murugan quits Union ministry to strengthen BJP in Tamil Nadu

L Murugan has resigned from his Union ministerial post and Rajya Sabha membership, saying he wants to return to grassroots politics and dedicate himself to strengthening the BJP in Tamil Nadu before the 2029 Lok Sabha elections.

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October 13, 2026

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L Murugan

L Murugan has resigned from his position as Union Minister of State and his Rajya Sabha membership, saying he wants to return to grassroots politics and work towards strengthening the Bharatiya Janata Party (BJP) in Tamil Nadu ahead of the 2029 Lok Sabha elections.

Murugan, who held the portfolios of Information and Broadcasting and Parliamentary Affairs, announced his decision in a post on X on Tuesday, October 13. He described his time in the Union government under Prime Minister Narendra Modi’s leadership as a great honour and said he wanted to devote himself full-time to the party’s work in Tamil Nadu.

L Murugan says he wants to return to grassroots politics

In his post, Murugan expressed gratitude for the opportunity to serve in the Union Council of Ministers and highlighted his background as the son of daily-wage labourers.

He said he now wished to return to the grassroots, stand alongside BJP workers and dedicate his time to strengthening the party in Tamil Nadu before the next Lok Sabha elections.

Murugan’s stated objective is to help expand the BJP’s presence in the state and contribute to the party’s performance in the 2029 general elections.

Murugan’s resignation comes amid Cabinet reshuffle speculation

His decision comes amid speculation about a possible reshuffle in the Union government. The discussion gained momentum after several Rajya Sabha MPs and ministers, including Petroleum Minister Hardeep Singh Puri, were not renominated.

However, the report does not establish that the speculation about a Cabinet reshuffle was the reason for Murugan’s resignation. His publicly stated reason was his desire to return to grassroots work and strengthen the BJP in Tamil Nadu.

Murugan thanks PM Modi for the opportunity to serve

Murugan described serving India and Tamil Nadu under Modi’s leadership as one of the greatest privileges of his life. He also referred to his journey from a family of daily-wage labourers to the Union Council of Ministers.

His announcement places his immediate political focus on Tamil Nadu, with the BJP’s preparations for the 2029 Lok Sabha elections forming a central part of his stated plans.

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Amit Shah attacks Rahul Gandhi over Congress poll losses, questions SIR row

Union Home Minister Amit Shah criticised Rahul Gandhi over the Opposition’s allegations concerning the Special Intensive Revision (SIR) of electoral rolls. Shah argued that the Congress had been losing elections before the exercise began after 2024 and cited the BJP’s victories in Gujarat’s civic polls.

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October 13, 2026

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Union Home Minister Amit Shah on Tuesday criticised Rahul Gandhi over the Opposition’s allegations concerning the Special Intensive Revision (SIR) of electoral rolls. Shah argued that the Congress had been losing elections since Gandhi entered politics and questioned how the SIR exercise, which he said began after 2024, could explain the party’s electoral defeats.

His remarks came amid protests by Rahul Gandhi and other Opposition leaders demanding the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the SIR process.

Shah accused Gandhi of using the controversy to deflect attention from the Congress’s electoral setbacks. He argued that the party’s history of defeats could not simply be attributed to changes in voter lists.

Amit Shah cites BJP’s Gujarat civic poll victories

Shah referred to the BJP’s recent performance in Gujarat’s local body elections, particularly in Gandhinagar, where the party retained control of the municipal corporation.

The BJP won 38 of the 44 seats in the Gandhinagar Municipal Corporation. The BJP also retained control of the Thara and Okha municipalities, according to the report.

Shah cited these results while defending the BJP’s electoral performance and asserting that the victories reflected the popularity of the party and Prime Minister Narendra Modi.

Shah questioned the Opposition’s attempt to link the Congress’s electoral defeats to the SIR exercise, citing the party’s electoral record as part of his argument.

Rahul Gandhi vows to continue Opposition protests

Shah’s comments followed a press conference by Rahul Gandhi, who reiterated that the Opposition would continue its campaign against what it alleges are irregularities in the SIR process and concerns over the functioning of Chief Election Commissioner Gyanesh Kumar.

Gandhi said the political resistance would continue, framing the campaign as a fight for the restoration of democracy.

The Congress and other Opposition leaders have raised concerns about the electoral roll revision process, while the BJP has defended its electoral record and challenged the Opposition’s explanations for its defeats.

Shah’s remarks added to the political confrontation between the BJP and Congress over electoral processes, voter lists and the interpretation of recent election results.

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