SECTION 498A INDIAN PENAL CODE

sree nivas February 9, 2022 GS2 Leave a comment 312 Views

The Supreme Court in a recent judgement highlighted the growing misuse of Section 498A IPC, with friction rising in marriages
The incorporation of section 498A was aimed at preventing cruelty committed upon a woman by her husband and her in-laws by facilitating rapid state intervention
The court held that there is an increased tendency to employ provisions such as Section 498A IPC as instruments to settle personal scores against the husband and his relatives
Section 498A of the Indian Penal Code 1860 was passed by the Indian Parliament in 1983.
The section of 498A of the Indian Penal Code is a criminal law
It is defined that if the husband or the relative of the husband of a woman, subjected such woman towards cruelty would be punished with imprisonment for a term which might extend to 3 years and may also be liable for fine.
Section 498 A of Indian Penal Code is one of the greatest rescues for Violence against Woman (VAW), which is a reflection of the pathetic reality of the domestic violence occurring within the four walls of a house
Physical violence, such as slapping, hitting, kicking and beating
Sexual violence, including forced sexual intercourse and other forms of sexual coercion
Emotional (psychological) abuse, such as insults, belittling, constant humiliation, intimidation, threats of harm, threats to take away children

Controlling behaviors, including isolating a person from family and friends, monitoring their movements and restricting access to financial resources, employment, education or medical care.

The Dowry Prohibition Act, 1961
The Indecent Representation of Women (Prohibition) Act, 1986
The Commission of Sati (Prevention) Act, 1987
Protection of Women from Domestic Violence Act, 2005
The Sexual Harassment of Women at Workplace Act, 2013
The Criminal Law (Amendment) Act, 2013

This has ultimately proved to be not a good sign for the health of society for the public at large
Women have begun misusing Section 498 of IPC as this law is a tool for their vengeance or to get out of wedlock
Malimath Committee Report, 2003: Similar views were also expressed by the 2003 Malimath Committee report on reforms in the criminal justice system
The committee noted that the “general complaint” of Section 498A of the IPC to be a subject to gross misuse

Way Forward

It is important to note that the domestic violence and abuse by the spouse and family members are very complex behaviors and the social organization of courts, legal cultures, and the police systematically tend to devalue several domestic violence cases

Therefore the perspective of the state and the people needs to change from potential “misuse” of the concerned laws of domestic violence to that of implementing it for their real purpose

SOURCE: THE HINDU,THE ECONOMIC TIMES,MINT

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