No arrest should normally be effected till panel reports are received on complaints

Family welfare committees have been constituted in all the districts in the State to sieve through complaints of harassment or cruelty lodged by married women against their husbands or in-laws under Section 498A of the Indian Penal Code(IPC).

The respective district legal services authorities have put in place these committees in response to Supreme Court directives and the instructions given by the Kerala Legal Services Authority (KELSA).

The committees have already sent communications to all concerned about the formation of the committees. However, the committees are yet to get any complaint from the police, according to KELSA sources.

The Supreme Court gave the directives while disposing of an appeal relating to an offence under Section 498A of the IPC. The Supreme Court had ordered that the committees be consisted of para-legal volunteers, social workers , retired persons/wives of working officers, and other citizens who might be found suitable. The committees could have interaction with the parties personally or by means of telephone or any other mode of communication, including electronic communication.

The committees have to submit their reports to the legal services authority concerned after vetting the complaints referred to by the police. These reports can then be considered by the investigating officer or the magistrate on merit. The Supreme Court had also ordered that till the reports of the committees were received, no arrest should normally be effected on such complaints.

The apex court had observed that Section 498A was inserted in the IPC with the laudable objective of punishing cruelty at the hands of husband or his relatives against a wife, particularly when such cruelty had potential to result in suicide or murder of a woman.

Periodical reviews

The apex court wanted district and sessions judges — who are also the chairmen of the District Legal Services Authorities — to review the constitution and working of such committee from time to time and at least once a year.

The source of fund for paying fees to the committee members and arranging infrastructure for their functioning would be a problem. KELSA has, therefore, requested the National Legal Services Authority(NALSA) to allow to utilise its funds for the purpose.

The Supreme Court passed the directives against a backdrop of its finding that a large number of complaints were being filed under the Section. The apex court was of the view that most of such complaints were filed in the heat of the moment over trivial issues and many of such complaints were not bona fide.