Plea In SC Seeks Inquiry Into Cases Involving Dowry, Sexual Offences, UCC

Supreme Court of India

A plea has been filed in the Supreme Court seeking a preliminary inquiry in cases involving serious allegations such as dowry harassment, sexual offences, and the implementation of a Uniform Civil Code.

The petition, filed by Rameshwar and Mohd. Haider through advocates Pawan Prakash Pathak and Richa Sandilya, highlights concerns about the potential misuse of women’s rights, which, if exploited as tools of harassment, can cause severe emotional and mental harm.

The petitioners argue that this misuse can sometimes drive individuals to despair, urging the Court to address these issues with an “Instant PIL.”

The petitioners have called for the consolidation of legal proceedings in cases involving dowry harassment allegations, suggesting that all proceedings between the same parties should be merged and adjudicated together to avoid conflicting decisions.

The petition also advocates for the use of virtual hearings in cases where one party resides outside the jurisdiction of the court, allowing for participation in legal proceedings without undue inconvenience.

Further, the petition requests that a preliminary inquiry be made mandatory in cases involving serious allegations such as dowry harassment or sexual offences under the Indian Penal Code. The petition argues that an FIR should not be registered based solely on a complaint statement but should require prima facie evidence through an inquiry.

The petition also addresses the need for the implementation of a Uniform Civil Code (UCC). The petitioners argue that the issue of alimony and its amount remains unsettled in personal laws, and the implementation of a UCC would provide consistent legal standards across all communities in India.

The petition urges the Union government to frame laws on this subject, as suggested by the Supreme Court in its previous directions regarding alimony.

Rameshwar, a law-abiding citizen, has been embroiled in a prolonged court battle in Rajasthan for nearly two decades over his matrimonial case involving divorce and miscellaneous proceedings.

Mohd. Haider, facing trial for the past two years, claims his fundamental rights were violated as he was denied access to his deceased child, highlighting systemic issues within the legal process.

Rameshwar’s marriage to his wife, which took place on April 29, 2004, was followed by immediate matrimonial disputes, leading to their separation just a month later. Rameshwar filed for divorce under Section 13 of the Hindu Marriage Act, while his wife filed criminal charges against him under various sections of the IPC and Dowry Prohibition Act.

Despite presenting oral and documentary evidence, Rameshwar’s petition for dissolution was dismissed in 2010. Subsequent mediation attempts in 2013, 2014, 2017, and 2021 failed, and the matter remains unresolved in 2024, causing significant delays and frustration for the petitioner.

Meera Verma