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september 2018

Supreme Court of India · 2018-09-14

SOCIAL ACTION FORUM vs UNION OF INDIA AND ORS. MINSTRY LAW AND JUSTICE

Citation / case number
SC 2014/40984
Court
Supreme Court of India
Petitioner
SOCIAL ACTION FORUM
Respondent
UNION OF INDIA AND ORS. MINSTRY LAW AND JUSTICE
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court emphasized the importance of Section 498-A IPC, which addresses cruelty towards married women, highlighting its introduction in response to rising dowry deaths and related cruelty. The Court recognized the potential for abuse of this provision, noting that both parties in matrimonial disputes may claim victimhood, leading to misuse of legal protections. It affirmed the judiciary's role in balancing the rights of the accused and the victims, underscoring the necessity for anticipatory bail to prevent harassment under this provision.

SOCIAL ACTION FORUM vs UNION OF INDIA AND ORS. MINSTRY LAW AND JUSTICE · Niyam