Supreme Court Amends DOWRY LAW :D :D

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Being.smart

Being.smart

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"No arrests under anti-dowry law without magistrate’s nod: SC :D :D

The Supreme Court on Wednesday said women were increasingly using the anti-dowry law to harass in-laws and restrained police from mechanically arresting the husband and his relatives on mere lodging of a complaint under Section 498A of the Indian Penal Code. :D :D "

Now no women can use this law as nuke against any naive husband :D :D
 
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This is an awesome statement by supreme court.
"The fact that Section 498-A is a cognizable and non-bailable offence has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives. The simplest way to harass is to get the husband and his relatives arrested under this provision. In quite a number of cases, bed-ridden grand-fathers and grand-mothers of the husbands, their sisters living abroad for decades are arrested," said the court.
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Being.smart said:
GOD KNOWS :D
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seems you are a victim of both 498A and child marriage :eek:
 
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Title that "...Amends..." is wrong. AFAIK, Supreme court can't amend the law. This can, at the best, be the guideline for the enforcement agencies and judiciary.
If there are any knowledgeable lawyers in the forum they may shade more light.
 
manoja2k said:
Title that "...Amends..." is wrong. AFAIK, Supreme court can't amend the law. This can, at the best, be the guideline for the enforcement agencies and judiciary.
If there are any knowledgeable lawyers in the forum they may shade more light.
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yeah ur correct, i wasn't getting proper word, so used it :P

SC has just given direction that policewala will now be accountable for why they/ they hadn't arrested, without proper reason they aren't authorized to do so :P
 
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manoja2k said:
Title that "...Amends..." is wrong. AFAIK, Supreme court can't amend the law. This can, at the best, be the guideline for the enforcement agencies and judiciary.
If there are any knowledgeable lawyers in the forum they may shade more light.
Click to expand...

You are right.
But orders of Supreme Court have national mendate.
These has to be followed throughout the nation.

And this is how it will be followed:
Our learned policemen never follow the updates (from high-courts/supreme-court).
They just follow whats actually they have been trained for: use/misuse IPC/CrPC.
They will continue making arrests, then a lawer has to file an early bail application in local court citing the supreme court directive.
The local court may take note of this order and grant bail.

Hopefully, this order will help accused people get bail easily now.
Its a step forward.
Lets hope law ministry takes a serious note of this order and amends the law soon.

PS: I have no training in legal matters.
 
I think before starting the three rings of life (engagment ring, wedding ring and the everlasting sufferring), one must know their fiance well enough before jumping into the game of Life with a partner.

As for this rule, it should have been in the first place, but I see more chance for the policewala to earn money to let off the husband and relatives for not jailing them, after threatening to do the same under some pretext.

mathrisk said:
And why are getting so excited?
(with all bold and excessive smilies)
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He is now in two minds whether to goto Canada or not.

Not that he has a mind, though......
 
As long as it is not law it does not matter.
I remember few years back Supreme court had passed some guidelines in the similar lines.
Recently an acquaintance of mine (in 2013) had to face this unfortunate incident. The IIC of the police station said that they have to arrest them for fear of pressure from women's org. So the accused were arrested. The bail in the lower court was denied, even when lawyer cited court guidelines from supreme court, Maharashtra high courts. Ultimately he and his brother were granted bail from high court only after spending three nights in the jail.

As per the lawyers, the lower court judges are very junior and are usually scared to take any bold decisions, esp. cases like 498a. So guidelines or no guidelines the authorities will take steps based on political compulsions rather than being ethical.
 
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