Case Summary: Social Action Forum for Manav Adhikar v. Union of India (2018)
09 SC CK 0024
Date of Judgment
14-09-2018
Case Numbers
Writ Petition (Civil) No. 73 of 2015
Criminal Appeal No. 1265 of 2017
Writ Petition (Criminal) No. 156 of 2017
[Judgment Source]
https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=2362816
Bench
Dipak Misra, CJ; A.M. Khanwilkar, J; D.Y. Chandrachud, J
Final Decision
Disposed Off
Acts & Sections Referred
IPC: Sections 498A, 304B
CrPC: Sections 41, 41A, 205, 317, 482
Evidence Act: Sections 113A, 113B
CrPC (Amendment) Act, 2008: Section 6
Law Points Raised
1. Abuse of Section 498A IPC – misuse by wives alleged.
2. Section 498A aims to protect against dowry-related cruelty.
3. Lack of uniformity in FIR registration, arrest, bail.
4. Need to protect both genuine victims and prevent misuse.
5. Judicial guidelines (Rajesh Sharma) under scrutiny.
Ratio Decidendi (Legal Reasoning)
• Misuse alone cannot make a law unconstitutional.
• Balance between victim protection and abuse prevention.
• Courts should not allow vendetta through law.
• Guidelines must not override statutory law.
Final Ruling
• Misuse of 498A exists but cannot dilute the law.
• Some Rajesh Sharma guidelines modified.
• Judicial discretion reinstated in arrest and bail.
• Matter disposed of with directions for balanced application.
Highlighted Paragraphs for Quick Reference
•: Background on misuse and need for balance.
•: Constitutionality of 498A upheld.
• 8–9: Lack of data on misuse.
• 12–13: Mental cruelty often ignored.
• 15: Rajesh Sharma guidelines examined.