New Delhi, Apr 15 (PTI) The Supreme Court Tuesday dismissed a PIL for making dowry harassment and maintenance provisions “gender neutral” to prevent their “misuse”, saying courts cannot legislate law and it was up to the Parliamentarians to look into it.

During the hearing in the PIL filed by an NGO, its counsel submitted that there were instances of the provisions being misused to harass the husbands and their family members.

The bench of Justice Surya Kant and Justice N Kotiswar Singh, however, said, “We understand this would make a spicy news item, but tell us which provisions in law are not being misused?” It added that instead of the NGO, the aggrieved persons should have approached the court.

The PIL had sought making section 498A of IPC (dowry harassment) and section 125 of CrPC for payment of maintenance “gender neutral”.

Dismissing the plea, the apex court bench said no sweeping statements could be made that the provisions meant for the protection and empowerment of women were “misused”.

Observing that every case needs to be decided based on its own facts and circumstances, Justice Surya Kant said, “Where the husband or his family has been victimised, the law must take its course accordingly. If a woman has been harassed, the law must come to her rescue also. So what is wrong with the provision?” “We see no reason to interfere with the legislative policy/mandate behind Section 498A IPC, now read as Section 84 of the BNS,” the bench said.

The plea that such provisions were violative of Article 14 is wholly misconceived and misdirected, it said, adding Article 15 of the Constitution explicitly empowers Parliament to enact a special law for the protection of women and children.

“The allegation that the provision was being misused is vague and evasive as no opinion with respect thereto can be formed while exercising jurisdiction under Article 32 of the Constitution. Suffice it to observe that such an allegation can be examined on a case-to-case basis,” the Supreme Court bench said.

The counsel for the NGO said that in India domestic violence cases can be filed only by women, while in foreign countries even husbands can file such cases and seek maintenance.

At this point, Justice Surya Kant told the counsel, “So you want us to legislate. It is not for the court to legislate. For that purpose, Parliamentarians are there to look into it. We cannot strike down a provision just because there are instances of misuse.” Questioning the prayers made in the petition, the Supreme Court judge said, “Why should we follow other countries? We maintain our sovereignty.” The counsel said the top court may frame some guidelines and direct expediting the case.

To this, the bench replied, “For expediting trials of such cases, we need more infrastructure. We need more magistrates and courts. Directions cannot be passed just like this. There are several factors involved. Who will provide us with more funds? States do not have adequate funds. These are purely administrative issues.” Justice Surya Kant said that just because some articles were written in the media and a perception was being created, the courts cannot step in.

“Can you make a statement that no newly married woman is being harassed for dowry?” the bench asked the counsel, adding the court cannot strike down a provision on a sweeping statement that a law was being “misused”.

The counsel said the NGO has been repeatedly receiving complaints of abuse of the process of law and referred to National Crime Records Bureau data into the matter.

The bench said it does not want to go into the data at present and suggested that the counsel may keep the data for referring it in an appropriate case.

“We are not denying that the provisions are not misused but the court has to look into it on a case-to-case basis. One day, you will find a case where a woman was beheaded by her husband. Do you want us to apply this ‘misuse’ concept there? Don’t make such sweeping allegations on a provision,” it said.

The PIL, filed by NGO ‘Janshruti’ (People’s Voice) sought framing of guidelines for the grant of maintenance and declaration of Sections 125-128 CrPC, Section 24 of the Hindu Marriage Act, and related provisions in the Bharatiya Nagrik Suraksha Sanhita, 2023 as “gender-neutral”.

Besides other reliefs, it also sought amendment of Section 498A IPC to ensure balanced protection for all individuals involved in matrimonial disputes. PTI MNL MNL NSD