DATE OF JUDGEMENT:
30th September 2011
BENCH:
Justice Amar Saran
Justice Shyam Shankar Tiwari
PARTIES
Petitioner- Re: In the matter of Matrimonial Disputes
Respondent-State of U.P &others
SUBJECT
The bench observed that if the offence under Section 498-A IPC is to be made compoundable, then the benefit cannot be deprived by trying to bring mediation between the parties.
OVERVIEW
- There was an extensive hearing in this case between the Secretary (Home), Government of U.P. Lucknow, Additional L.R, I.G. ( Public Grievances), Secretary, U.P. State Legal Services Authority, Organising Secretary, Allahabad High Court, Mediation and Conciliation Centre, advocates on behalf of the intervenor 'Sahyog,', Government Advocate, and learned A.G.A.
- An affidavit was filed on behalf of the Director-General of Police and another affidavit was also filed on behalf of Special Secretary (Home) of U.P and an application was also moved by the intervenor 'Sahyog.'
LEGAL PROVISIONS
- Section 498A of Indian Penal Code: Husband or relative of husband of a woman subjecting her to cruelty: Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
ISSUES
- Whether the offences under Section 498-A IPC should be made compoundable?
JUDGEMENT ANALYSIS
The guidelines provided by the Court were as follows:
- The Authority may issue appropriate guidelines or circulars of offences under Section 498A IPC where immediate arrests may not be necessary, thereby laying down the appropriate criteria in this regard, and sending the matters for mediation before the mediation cells in the Civil Courts.
- A provision was to be laid down for appointment of social workers/panel lawyers at the Mahila Thanas, for ensuring that appropriate training is given to the social workers, legal aid lawyers, and concerned police officers for facilitating the mediation process, and for making available to them the adequate infrastructure/manpower at the mediation cells in the Civil Courts.
- The authorities were to submit their compliance reports within 4 weeks. All the Secretaries of the District Legal Services Authorities were to submit their compliance reports (through the District Judges) in the case of minor matters, relating to the offences under Section 498A IPC that is to be settled through mediation.
- The State Government was also directed to submit reports relating to the offences under Section 498-A IPC which were to be made compoundable with the permission of the Court by amending Section 320 Cr. P.C in U.P, as have been done in the case of Andhra Pradesh.
- The Registrar-General was directed to forward copies of the order within a week to the Chief Secretary, Principal Secretary, (Home), Law Secretary/LR, U.P., Principal Secretary (Finance), U.P., D.G.P., U.P., Member-Secretary, U.P., Legal Services Authority, U.P., Secretaries/ Civil Judges (Senior Division) through District Judges in all districts in U.P., Sri Ashok Mehta, Organizing Secretary, Allahabad High Court, Mediation Centre, Sri Pankaj Naqvi, and Sister Sheeba Jose, Advocates for the intervenors, Government Advocate, U.P. and other advocates and officials present in the hearing on 08.8.11 for information and compliance.
CONCLUSION
S. 498A is not inclined to dilute its efficacy to extent of defeating its purpose, as the fact that atrocities against women are on the rise. A balanced and holistic view has to be taken on weighing the pros and cons to reach a rational solution.
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