Supreme Court Declines Plea on Dowry Law Misuse, Calls for Societal Reform

DY365
DY365
Published: January 28,2025 01:26 PM
DY365

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Supreme Court Declines Plea on Dowry Law Misuse, Calls for Societal Reform

January 28, 2025: The Supreme Court on Monday declined to hear a petition seeking guidelines to curb the alleged misuse of dowry laws, asserting that societal reform, not judicial intervention, is the key to addressing the issue.



A division bench comprising Justice BV Nagarathna and Justice SC Sharma dismissed the plea filed by Advocate Vishal Tiwari, who had raised concerns about the misuse of Section 498A of the Indian Penal Code. The section, which deals with cruelty against women by husbands and their families, has often been criticized for allegedly being exploited to file false cases.



Justice Nagarathna stated, "There is a law made by Parliament. We cannot do anything. Society has to change." Echoing her sentiments, Justice Sharma remarked that handling such cases was part of the judiciary's duty and did not constitute an undue burden, adding, "We have taken an oath; it’s our duty to decide cases."



The petition followed the suicide of Atul Subhash, a Bengaluru-based engineer, which reignited discussions on fabricated allegations in dowry harassment cases. Advocate Tiwari sought the court's directions for stricter safeguards against false cases, proposing the formation of an expert committee comprising retired judges and legal experts to review existing dowry and domestic violence laws.



The plea also suggested introducing a requirement to document all items exchanged during marriage as a preventive measure. However, the bench expressed its disapproval of lawyers turning into litigants, with Justice Nagarathna cautioning, "An advocate must never be a litigant. Why do you want to expose yourself?"



With the court unwilling to entertain the plea, Advocate Tiwari opted to withdraw the petition, which the bench then dismissed as withdrawn.



The ruling highlights the court’s stance that societal attitudes towards dowry and domestic cruelty need to evolve to effectively address the issue. While legal frameworks exist, the court emphasized that lasting solutions lie in changing societal norms and behaviors.