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Legislature Should Formulate Laws To Protect Husbands From The Misuse Of Anti Dowry Laws

Courtesy/By: Subhalagna Choudhury | 16 Sep 2018

The Supreme Court has held that due to the misuse and undue advantage that is being taken of the anti dowry law, the Parliament is now obliged to formulate a law to protect the husbands and their relatives. This is essential and otherwise it might lead to a social disaster which may in turn lead to a vertical division of the society. The Court revised a judgment of 2017 that wanted to prevent the misuse of anti dowry law. The prior Judgment had suggested that there must be established family welfare courts at the district level that looks into the complaints before the arrests are made.

Such an investigation as had been held would prevent arbitrary arrests. The Supreme Court however held that formation of such a Committee is beyond the ambit of law and in turn would rather delay the adjudication process. The Apex Court pointed out that there is no doubt with regards to the intention of the Court. The intention of the law may be good but sometimes the judiciary is over enthusiastic in applying the same. In this case, the over enthusiasm of police showed while making arrests of the husband and his relatives may altogether create a rift between the two sexes. The court pointed out that now the legislature is obliged to formulate anti dowry laws. Further there is an obligation on part of the courts to analyse a complaint before issuing arrest warrants.

Courtesy/By: Subhalagna Choudhury | 16 Sep 2018