aatma 01 September 2009

Still Howmany Times CJI Will Keep Saying This?

3. India, September - 2009

2. India, February - 2009

CJI Balakrishnan admits to misuse of dowry laws

1. USA, August - 2008

Indian courts are helpless to protect 498A victims

CJI Balakrishnan pointed out that Section 498 (A) (anti-dowry law) under CrPC was one of the most abused laws.

“Judges are simply issuing summons and even warrants without properly verifying who are the accused. I have come across such cases in which the accused, sitting in Australia and other countries, are made accused when the case is lodged for the alleged offence of dowry,” he added.

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2 Replies

R.R. KRISHNAA (Legal Manager) 01 September 2009

CJI cannot be blamed for this. The courts are not meant for making or changing laws. It is for the legislature to do it.

498A though brought in force to protect women, has been highly misused against men and as a result many families are broken by divorce.

Anil Agrawal (Retired) 04 September 2009

Yes Courts are not legislatures but have been interpreting law in an extended manner which is no less than laying down the law alluding to the "intention" of the legislature.