This is a step forward in providing mental relief to women traumatised for dowry abuse and the Supreme Court must be hailed for appreciating the sensitivities of a social malaise by taking it beyond its economic dimensions.
A three-member bench of the Supreme Court headed by the Chief Justice Ranjan Gogoi has ruled that in dowry cases, a wife can now make her husband and in-laws face trial before a court near her parental house or the place where she has taken shelter.
The existing rule permits her to file a case in a court near her matrimonial home, which can be a case of deep emotional and psychological stress, being physically closer to the scene of torture and trauma. Making this an exception for victims under Section 498A of the IPC, the bench recognised the fact that cruelty need not always be physical.
There is an element of emotional trauma attached to cruelty, which remains with the victim even while she is away from the matrimonial home and thus the rule of filing of a complaint would exist in the place where the victim (wife) dwells.
For a woman scarred by violence and taunts, and belonging to a less economically secure stratum of society, it is reliving the anguish all over again if the case is being heard close to the scene of the crime. The chance of intimidation by her tormentors remains high.
In comparison, the new court order makes it easier for her to file a case where she currently resides. It adds to a woman’s emotional and physical security if she is on more familiar ground. It would be worth arguing that a conducive hearing could help improve the conviction rate in dowry harassment cases, which remains low at the moment.
According to the National Crime Records Bureau’s (NCRB) data, nearly 200,000 people were arrested for dowry offences in 2012, but only 14.4 per cent of those accused were convicted.