Court has not stayed original ruling saying all complaints under IPC Section 498A will have to be assessed by a three-member committee first.
New Delhi: Many states are setting up family welfare panels, aimed at examining domestic violence allegations, despite the Supreme Court’s decision to reconsider its order on such committees.
In July, a bench comprising justices A.K. Goel and U.U. Lalit had said that all complaints under Section 498A of the Indian Penal Code would have to be assessed by a three-member, district-level committee first.
The law, commonly referred to as the anti-dowry provision, was brought in 1983 to prevent violence against women in their marital homes.
The court said that adding another layer of scrutiny to these cases will prevent “false cases of harassment” filed by women. However, experts had criticised the order, expressing fears that the non-judicial committee will interfere with a victim’s access to justice.
Chief Justice of India Dipak Misra had on 13 October said that the entire ruling needed to be reconsidered and appointed an advocate, V. Shekhar, to assist the court. But the SC has not stayed the original ruling effectively allowing it to be in operation.
Rajasthan was the first state to comply with the court orders, constituting over 100 family welfare committees.
On 23 October, the Delhi Legal Services Authority constituted committees in each of its 11 districts.
Glaringly, not a single committee in Delhi is headed by a woman although they are appointed as members in many committees.
A few states, including Delhi, Telangana and Maharashtra have complied with the court ruling days after the court decided to reconsider the order.
According to the original ruling, the committees should comprise para-legal volunteers, social workers, retired persons and wives of working officers.
The report submitted by the family welfare committee will be considered by the investigating officer and the magistrate.
Maharashtra-based non-profit, Nyayadhara, had moved the court, seeking to make it mandatory to have at least one woman in the prescribed three-member committee.
“There is a sentiment against woman-centric laws that made sure that this order is implemented so promptly,” said Flavia Agnes, a women’s rights lawyer and co-founder of Majlis, a non-profit providing legal services to women and children.
“See how many years it has taken even for a sample implementation of Vishakha guidelines, but everyone seems so eager to put this in place,” she added referring to the apex court’s progressive guidelines to curb sexual harassment in workplace.