The Supreme Court has reaffirmed its 2014 order that husbands and in-laws should not be arrested automatically in dowry harassment cases filed by wives.

The apex court in 2014 had ordered that no automatic arrests could be made for offences relating to dowry harassment and for offences for which punishment is up to seven years. It held that the anti-dowry law was being misused and granted protection to husbands and the in-laws

Following protests by feminists, the National Commission for Women, which was aggrieved over the verdict in its petition said that the 2014 judgment gave an unreasonable discretion to the police in deciding whether or not to arrest those complained against in a dowry harassment case.

The NCW expressed its concern that the judgment could work against the interest of women, with the police likely to misuse it and filed a petition to recall the verdict. A review against this judgment was dismissed and against which a curative petition was filed.

Dismissing the petition recently, a bench of Chief Justice T.S. Thakur and Justices Anil R. Dave, J.S. Khehar and Pinaki Chandra Ghose in a brief order passed in the chamber said: “No case is made out within the parameters indicated in the 2002 decision which enables filing of curative petitions.”

Expressing serious concern over the misuse of the dowry law, the apex court had directed all the state governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC was registered but to satisfy themselves about the necessity for arrest under the parameters laid down in Section 41, CrPC.

The court had said the police should issue a notice of appearance to the accused under Section 41A of CrPC within two weeks from the institution of the case, which might be extended by the SP of the district for reasons to be recorded in writing.

Failure to comply with the directions could bring departmental action against the police officers concerned. The officers could also face contempt of court charges.