Hyderabad: Family welfare committees must not lack tooth, say lawyers and counsellors following the Supreme Court judgement of Thursday, which requires all cases reported under Section 498A of the dowry prohibition Act to be referred to welfare committees which would look into the merit of each case before arrests are made.
The decision has left women worried. Section 498A is a strong law with provisions to arrest not only the husband but even family members who were allegedly party to the cruelty meted out to the wife for dowry. It has been widely misused, something that the courts have acknowledged.
Women’s groups condemned the ruling, calling it state’s non cooperation on women’s safety. They say, the law had turned useless after the 2014 Supreme Court ruling that police must use discretion “before making arrests as reports of infants and aged being in custody have come to the fore.’
“After that judgement, police donned a welfare organisation's role that would counsel the battered women and send them back to the homes where they would abused in the name of saving the family,” says Ms Jameela of Shaheen Women’s Collective.
Most affected by this judgement will be women from poor, marginalised backgrounds, said activists. Prior to this judgement, the police’s action was the best deterrent.
The latest case the group is dealing with, involves a 20-year-old whose family paid Rs 50,000 as dowry. After the marriage, the husband demanded more money and abandoned her even when she was pregnant.
“We now wonder whom do we file the case against? Will counselling help this case?” asks Ms Jameela.
Others though have a brighter outlook. “498A had become useless after 2014 ruling where the police couldn’t do much. If the SC gives more power and not just reduces the committee to acting as counselors alone, then the women will get justice and the families will not disintegrate,” said advocate Afsar Jahan.
