when a woman files a complaint under this provision, the police register the case and without verifying the correctness of the case they arrest the husband and his family members

State directed to suggest measures to prevent misuse of dowry law

The Karnataka High Court on Monday sought the view of the State government on measures that could be taken for preventing the misuse of Section 498A of the Indian Penal Code (IPC) in dowry harassment case.

Observing that this provision of the IPC is being misused in many cases, a Division Bench comprising Justice K. Bhaktavatsala and Justice B.S. Indrakala asked the State Advocate-General to assist it in the matter and file an affidavit informing the view of the State government in this regard by September 7.

The Bench said when a woman files a complaint under this provision, the police register the case and without verifying the correctness of the case they arrest the husband and his family members. Instead of the police directly registering the case, the law may be amended allowing the victim to file a complaint with the Karnataka State Legal Services Authority. After three or six months, if the complaint is found to be genuine, the police can take action. It would reduce the divorce cases and also avoid the misuse of Section 498A, the Bench said observed while hearing a domestic violence case.

Directive

The High Court directed Rohini Sindhuri, Tumkur Assistant Commissioner who is also in-charge Commissioner of Tumkur City Municipal Council to file a report with regard to the building that was partially demolished recently in Chickpet locality of the city. Viewing seriously non-compliance of order issued by the court two years ago, Justice Ram Mohan Reddy asked the IAS officer to submit the details of officials/engineers who did not take any action based on court order and those officials who allowed the building to come up on a drain.

Attendance shortage

Observing that the attendance shortage menace needs to addressed effectively, the Karnataka High Court observed orally that the attendance of lecturers also needs to be monitored.

“It is high time this problem [attendance shortage] is addressed. Take the attendance of both the lecturers and the students, put them in a tablet and send the details to the higher authorities through email. This may solve the problem,” said Justice Ram Mohan Reddy while hearing of petitions filed by two engineering students who were denied permission to appear for examinations because of attendance shortage. “When we were studying law, we were going to college as early as 6.30 a.m. But, now students are awake even at midnight, they get up late and miss classes,” the judge said.

 

source

http://www.thehindu.com/todays-paper/tp-national/article3829702.ece

 

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