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Supreme Court Criticises ‘Growing Misuse’ of IPC Section 498A

Last updated on December 12th, 2024 Posted on December 12, 2024 by NEXT IAS Current Affairs Team  26

Syllabus: GS2/ Polity and Governance

Context

  • The Supreme Court raised concerns over the misuse of Section 498A of the Indian Penal Code (IPC) (now Bharatiya Nyaya Sanhita), which penalises cruelty against married women by their husbands and in-laws. 

About Section 498A (Section 84 of Bhartiya Nyaya Sanhita, 2023)

  • It deals with the offense of cruelty by a husband or his relatives towards a married woman. 
  • This section was introduced to address the rising instances of cruelty and harassment faced by married women in the context of dowry. 
  • It defines cruelty as: 
    • Any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
    • Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security.
  • Punishment: Whoever the husband or the relative of the husband of a woman, subjects her to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
  • A complaint must be filed within three years of the alleged incident.  
  • The offence is cognizable and non-bailable, which means that immediate custody of the accused is possible.

Why Was Section 498A Introduced?

  • Section 498A was added to the IPC in the backdrop of increasing dowry deaths and cases of domestic violence in the 1980s. 
  • It sought to provide legal protection to women suffering from Physical and mental harassment, Dowry-related abuse and Coercion and violence within marriages.

Misuse of Section 498A

  • Growing Misuse: With the rise in matrimonial disputes, there’s a growing tendency to misuse this provision for personal vendetta against the husband and his family.
  • Coercion for Financial Gain: False cases are used to extort money or gain leverage in matrimonial disputes.
  • Vague Allegations: Often, vague and generalized allegations are made without specific details or evidence, leading to the misuse of legal processes and harassment of innocent family members.
  • Social and Psychological Damage: The stigma associated with domestic violence allegations can have severe consequences for the accused, even if they are ultimately acquitted.
  • Immediate Arrest: The provision for immediate arrest in some cases can be misused to pressure the accused before guilt is established.
  • Ethics and Integrity: The misuse of legal provisions raises ethical concerns and highlights the importance of integrity in legal proceedings.

Why is Section 498A Being Misused?

  • No Immediate Verification: Since Section 498A is a cognizable and non-bailable offense, arrests can occur without preliminary investigation, which creates scope for abuse.
  • Marital Disputes: In cases of interpersonal conflicts or divorces, false accusations may be used to settle scores.
  • Lack of Accountability: The absence of strict penalties for filing false cases adds to its misuse.

Supreme Court’s Stand

  • Scrutiny of Allegations: The court emphasized the need to scrutinize vague allegations to prevent the misuse of legal provisions and arm-twisting tactics.
  • Specifics Required: FIRs should contain concrete and precise allegations with details about the time, date, place, and manner of the alleged harassment.
  • Context Matters: The court considers the context of the FIR, such as the timing and circumstances surrounding the complaint, to determine its genuineness.
  • Protecting Innocents: The court aims to protect innocent family members from being unnecessarily dragged into matrimonial disputes without substantial evidence.
  • Judicial Responsibility: The court emphasizes the role of the judiciary in scrutinizing complaints and preventing the misuse of legal processes.

Way Ahead

  • Balanced Legal Framework: Laws should be gender-just, protecting the rights of all individuals regardless of gender.
  • Preliminary Investigation: There should be mandatory preliminary inquiry before registering FIRs to filter false cases.
  • Family Welfare Committees: Independent committees can examine cases before formal arrests, as suggested in the Rajesh Sharma case.
  • Accountability for False Complaints: Individuals making false accusations should be held accountable.
Factors Contributing to Domestic Violence Against Women
– Patriarchal Norms: Deeply ingrained patriarchal norms perpetuate gender inequality and normalize violence as a means of control within families.
– Cultural Acceptance: In many societies, domestic violence is tacitly accepted or overlooked, discouraging victims from seeking help.
– Economic Dependence: Financial dependence on male family members often traps women in abusive relationships.
– Substance Abuse: Alcohol and drug abuse can significantly increase the risk of domestic violence.
– Lack of Education and Awareness: Limited awareness of legal rights and support mechanisms prevents victims from seeking help.

Source: IE

 
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