CONSTITUTION OF FAMILY WELFARE COMMITTEE AS PER THE ORDERS IN CASE OF RAJESH SHARMA IS NOT PERMISSIBLE.

In case of “Rajesh Sharma vs State of U.P.” a  bench of the Supreme Court while dealing with the case of 498 A I P C issued various directions including constitution of family welfare committees, complaints filed under 498 A I P C to be referred by police and magistrate to family welfare committee.

Hon’ble Supreme Court in case of Social Action Forum for Manavadhikar and Anothers vs. Union of India, Ministry of Law and Justice 2018(3) Crimes 503 SC  held that constitution of family welfare committee by the District Legal Service Authority and the power conferred on the committee is impermissible and to this extent the order and judgment of this court in case of  “Rajesh Sharma vs State of U.P. AIR 2017 SC 3869” is overruled.