Growing misuse of IPC section 498A against husbands, their relatives

Context: The Supreme Court has come down heavily on the “growing tendency to
misuse provisions like Section 498A of the Indian Penal Code” intended to
protect married women “as a tool for unleashing personal vendetta against the
husband and his family by a wife”. A bench of Justices B V Nagarathna and
Kotiswar Singh said on Tuesday, “The inclusion of Section 498A of the IPC by
way of an amendment was intended to curb cruelty inflicted on a woman by her
husband and his family, ensuring swift intervention by the State. However, in
recent years, as there have been a notable rise in matrimonial disputes across
the country, accompanied by growing discord and tension within the institution
of marriage, consequently, there has been a growing tendency to misuse
provisions like Section 498A of the IPC as a tool for unleashing personal
vendetta against the husband and his family by a wife.”

Key points

·       Overview: Recently, the
Supreme Court observed that Section 498A Indian Penal Code (now Bharatiya Nyaya
Sanhita) and Domestic Violence Act 2005 are among the most abused laws.

·       Section
498A Indian Penal Code: Section 498A of the Indian Penal Code (IPC) deals
with the criminal offence of cruelty against a married woman by her husband or
his relatives. The section was introduced in 1983. Section 84 of Bhartiya Nyaya
Sanhita, 2023 (BNS) deals with the same provision.

Punishment - The offender
can face up to three years in jail and may also be liable to pay a fine.

Cognizability
and non-bailability - The offence is cognizable and non-bailable, which
means that immediate custody of the accused is possible.

·       Domestic
Violence Act 2005: The Protection of Women from Domestic Violence Act,
2005, was enacted to provide a comprehensive legal framework for the protection
of women against domestic violence, recognizing violence in both physical and
psychological forms within familial settings.

·       Some
factors Contributing to Domestic Violence: Patriarchal Social
Structure - Deep-rooted patriarchal norms perpetuate gender inequality,
reinforcing male dominance and control over women. This leads to the
normalisation of violence to assert authority within households.

Economic
Dependency - Financial dependency on male family members often forces women to endure
domestic violence. The lack of economic autonomy limits their ability to leave
abusive relationships or seek legal recourse.

Lack of
Education and Awareness - Limited education and awareness about legal rights
and support mechanisms contribute to the perpetuation of domestic violence.

·       Misuse
of Legal Measures: False Allegations for Personal Gain - Both
the Domestic Violence Act, 2005, and Section 498A are sometimes misused by
filing false complaints to harass husbands and their families.  

Coercion for
Financial Settlements - In several instances, false cases are used to
coerce husbands and their relatives into making large financial settlements or
paying alimony.

Immediate Arrest
and Lack of Preliminary Investigation - Section 498A is a
non-bailable and cognizable offence, leading to immediate arrests without the
need for prior investigation.