The PIL filed by Advocate Vishal Tiwari seeks to implement the observations made by the Supreme Court in two significant cases: Preeti Gupta v. State of Jharkhand (2010) and Achin Gupta v. State of Haryana (2024).
Preeti Gupta v. State of Jharkhand (2010):
This landmark judgment highlighted the increasing misuse of Section 498A of the Indian Penal Code, often used to harass husbands and their families. The Supreme Court emphasized that:
- Scrutinizing allegations: Allegations against the husband’s relatives, especially those not directly involved in the marital dispute, should be analyzed carefully.
- Preventing frivolous cases: The court warned against the misuse of the law for ulterior motives, such as extortion or property disputes.
- Protecting innocent individuals: The need to protect innocent individuals from wrongful accusations and harassment was underscored.
Achin Gupta v. State of Haryana (2024):
This recent judgment further reinforced the concerns raised by Preeti Gupta. The Supreme Court reiterated the importance of:
- Thorough investigation: Investigating authorities should conduct a thorough investigation to ascertain the veracity of allegations before proceeding.
- Discouraging frivolous complaints: Strict action should be taken against those who file false or malicious complaints.
- Protecting the rights of the accused: The rights of the accused, including the presumption of innocence, should be upheld.
The PIL’s Objective:
The PIL seeks to implement the guidelines laid down in these judgments by directing the Union government to:
- Issue appropriate guidelines to law enforcement agencies and the judiciary.
- Create awareness about the misuse of Section 498A and its negative consequences.
- Provide legal aid to those falsely accused under this provision.
- Amend Section 498A to address the issue of misuse.
By seeking these directives, the PIL aims to ensure that Section 498A is used as intended, to protect genuine victims of domestic violence, while preventing its misuse to harass innocent individuals.