Why in News?

• Two months earlier the Supreme Court had stopped immediate arrests of accused in dowry harassment cases
• The court  did a re-think, saying its order dilutes the right of a woman to seek justice against the evil of dowry.

Earlier Ruling

•  On July 27, a Bench of SC had concluded that Section 498A (dowry harassment) of the Indian Penal Code has come under much abuse.
• Dowry complaints are being filed in the heat of the moment by women over trivial issues.
• Innocent relatives, including parents of advanced age, siblings and grandparents, suffer harassment.
• Their judgment directed ‘Family Welfare Committees’ to sift the genuine cases of dowry harassment from the trivial ones.
• The July 27 ruling had held that no arrest should normally be effected on dowry harassment complaints until the committee confirms the genuineness.
• Police would take action only on the basis of the committee’s report.
• These committees were directed to be made up of social workers, homemakers, retired persons and other citizens. 
• The apex court had also ordered that trial judges should close Section 498A cases based on matrimonial disputes once the parties have reached a settlement.
• Bail should be given on the same day, it said.

Present Stand

• In an absolute U-turn, a three-judge Bench led by Chief Justice of India  said the July 27 verdict blunted the purpose of Section 498A as an effective law to protect human rights of married woman who live in torture.
• Interestingly, the court directed that even “recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected.”