A plea has been filed in the Supreme Court on Friday seeking a preliminary inquiry in cases involving serious allegations such as dowry harassment, sexual offences, and the implementation of a Uniform Civil Code (UCC).
The petition, filed by Rameshwar and Mohd. Haider, highlights the need for judicial reform in handling such cases, emphasizing that these serious allegations should not lead to immediate FIR registrations without a thorough inquiry.
The petitioners argue that recent incidents, including the case involving Atul, have raised significant concerns about the law and order system, especially regarding the misuse of rights granted to women. The petition suggests that while these rights are vital for protection, their misuse can cause severe mental and emotional harm, leading individuals to despair.
In this context, the petition calls for a preliminary inquiry to establish prima facie evidence before proceeding with formal charges, particularly in cases involving dowry or sexual offences under the Indian Penal Code or the BNSS Act.
Additionally, the petition seeks the consolidation of legal proceedings in dowry harassment cases, urging that all related proceedings between the same parties be merged and adjudicated together to ensure efficiency and avoid conflicting decisions. The petition also advocates for virtual hearings, especially in cases where one party resides outside the court’s jurisdiction, to reduce inconvenience and facilitate participation.
The petitioners further stress the importance of implementing a Uniform Civil Code (UCC) to address systemic issues, particularly concerning alimony and maintenance. They argue that personal laws in India often lead to inconsistencies in deciding alimony, and the enactment of a UCC would create uniformity across all communities, ensuring consistent legal standards.
Rameshwar, a law-abiding citizen, has been involved in a prolonged matrimonial case for over 20 years in Rajasthan. After marrying in April 2004, his marriage ended in separation shortly after, with his wife filing a criminal case against him under Sections 498A, 325, 504 of the IPC, and Sections 3/4 of the Dowry Prohibition Act.
Despite presenting oral and documentary evidence, his petition for divorce was dismissed by the court in 2010. He appealed to the Jaipur High Court, which directed several mediation attempts in 2013, 2014, 2017, and 2021, all of which failed. The matter remains unresolved as of 2024, underscoring the prolonged litigation process and its adverse effects on the petitioner’s fundamental rights.
Mohd. Haider, also a petitioner, has been facing trial for two years, with his family’s actions reportedly preventing him from seeing his deceased child. The petitioners believe this situation highlights a gross abuse of the fundamental rights and legal processes by the respondent-wife and her family.
