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U/Sec parents, or the man itself suffer a lot due to false frivolous complaints can be appropriately dealt husband and his relatives, it would also mean
498A
that reconciliation and reunion of the couple
with. In Chandrabhan v. State (2008), the Delhi
accusations under these section. As it is a non
wouldn’t be possible if such a complaint is filed.
High Court came to the conclusion that "there is
bailable offence, each and every one of the
family has to undergo the pain and legal
no iota of doubt that most of the complaints are
This is a disturbing observation by the apex
procedures done under the act. Whether
and ego clashes. It is also a matter of common
and normalise violence in private spaces because
it be physically, mentally or financially a filed in the heat of the moment over trifling fights court - the fact that a woman must internalise
person who has not committed the crime knowledge that in their tussle and ongoing hostility, her matrimonial home and relationships would
breaks down eventually within the legal the hapless children are the worst victims". otherwise collapse is a dangerous concept to float
ambit for which they have a bear a huge Earlier in July 2017, in Rajesh Sharma & Ors.v. into the world that claims to be rooted in finding
loss in their lives. State of UP and Anr., the Supreme Court did the gender equality. Additionally, by prioritising
Recent trends and guidelines Issued unthinkable. It passed a directive to police and the reconciliation of a married couple over
Created by : by Supreme Court to prevent Misuse in magistrates that there would be no automatic violence faced by the woman in the matrimonial
Sec 498 A IPC
Anuj Kumar In 2005, in Sushil Kumar Sharma v. Union arrests or coercive actions arising out of relationship, the court drives home the idea that
women should shy away from the reporting of
complaints lodged under section 498A without
Advocate of India, the Supreme Court observed ascertaining the veracity of the complaints. A domestic violence/intimate partner abuse and/or
that complaints under section 498A of the bench consisting of justices AK Goel and UU cruelty by in-laws, because she has been entrusted
(Misuse or Prevention) on the basis of personal vendetta - "[...] cases wherein the women were abusing the legal Moreover, the language of the judgment is
to upload and protect the honour of her family.
Indian Penal Code (IPC) were being filed
Lalit stated that there was a growing pattern of
provision to implicate their husbands and his
by misuse of the provision, a new legal
disturbingly problematic - condemning the
"violation of human rights of the innocents" (the
relatives — parents, minor children, grandparents
terrorism can be unleashed." It also
observed in the judgment
husband and his family). The bench, in a bid to
and siblings — in criminal cases on the basis of
that the legislature
completely strikes at the roots of understanding
should malicious or frivolous complaints. The bench deal with frivolous cases of domestic cruelty,
stated that there was "violation of human rights
find out of innocents". The verification of the complaints women’s rights and agency. It ignores the
ways in shall be carried out by a special police officer historical underrepresentation and oppression of
ECTION 498A : This particular section Following are the advantages of this Section: Old which and a district-level Family Welfare Committee women in all phases of life that has given rise to
under Indian Penal Code (IPC) says that if It was enacted to combat menace of cruelty and the which will preferably comprise of three members, gender inequality within public and private spaces
Shusband of a woman or husband’s relatives harassment against woman. makers who can be "paralegal volunteers/social workers/ and attempts to read down a protective legal
subjects any forms of cruelty to the woman are It basically helped woman in cases related to of retired persons/wives of working officers/other provision meant for women for the preempted
liable for penalties which include imprisonment not dowry and violence caused due to it. citizens who may be found suitable and willing". violation of men’s rights. Also, the intermediate
less than 3 years as well fine up to certain extent as Strict rules and regulations were enacted to The court, however, assured that grave physical body is named Family Welfare Committee, an
well as it’s a non bailable offence. It was added to punish the perpetrators for these sort of crimes. injury or death of the aggrieved would be indication that the family is above all else - more
the Indian Penal Code in the year 1983. Under this PROCEDURE FOR FILING CASES UNDER exceptions to this directive. important than a woman’s rights, dignity or
section the word cruelty means: SECTION 498A: The main issue brought up by the amicus curiae agency.
Any willful conduct done by the husband or the One can visit police station and file complaint was whether there was a mandate to check the However, most importantly, the court dismisses
family members which likely drives the woman to against her husband or relative whosoever involved provision’s reach when it came to roping in all the concept of formal reporting of crimes against
commit suicide or harm herself grievously in any in the torture under similar circumstances. The family members to settle a matrimonial dispute women. The creation of an intermediate body
form or bring danger to her life. same thing applies also to a woman if she has been and cruelty under section 498A. In the course of that will vet complaints against cruelty, before the
Harassment in any form which forces or coerce the victimization of dowry abuse. the case, data from the National Crime Records complaint reaches the formal authority, to check
the women to meet unlawful demands for any One should give all the details while filing the Bureau (NCRB) was used to indicate that the for frivolity or maliciousness is to indicate that
valuable security, property or assets. complaint like regarding the torture, demand of legal provision is being consistently misused by the judiciary does not trust the very beneficiaries
INTERELATION BETWEEN SECTION 498 dowry or any kind of physical or mental abuse women - “[...] the rate of charge-sheet filing for of this legal provision. Stating that the exceptions
A AND THE DOWRY ACT: Dowry act 1961 which has forced the woman to take any sort of the year 2012, under Section 498A IPC was at an to this directive are grave physical violence or
prohibits any person to either take or give dowry grievous step in order to harm her life etc. exponential height of 93.6% while the conviction death translates to the fact that the court does not
in any form. Dowry is considered as the valuable Based on the complaint and all the details rate was at a staggering low at 14.4% only [...] out care to look at complaints regarding the emotional
assets, properties etc. which are demanded or provided police can then start investigation. One of 4,66,079 cases that were pending in the start or sexual violence that often lead to graver
asked for by the husband or his relatives while can also file a case under domestic violence act of 2013, only 7,258 were convicted while 38,165 consequences. Indicating that it wants to look
marrying a girl. It has been practiced in the country in such cases to bear any maintenance or medical were acquitted and 8,218 were withdrawn. The at just one type of violence is also problematic
since ages which eventually led the path to dowry help if needed by the victim. conviction rate of cases registered under Section because the court is sending the message that
related violence and abuse against women. Married MISUSE OF SECTION 498A: The sections 498A IPC was also a staggering low at 15.6%.." violence can only physically manifest on a
women and girls are beaten or burnt to death if 498A and 304B of IPC are closely related legal The judgment deliberates that scope and meaning victim’s body, therefore, deterring victims of
they are unable to fulfill the unlawful demands and judicial provisions which were enacted to The main issue brought of 'cruelty' within section 498A of the IPC and mental torture by husband and his relatives. By
of their in laws. Also the parents of the women safeguard interests of married women in our up by the amicus curiae states that it covers conduct that may drive creating the Family Welfare Committee, the court
are mentally harassed due to this reason. The country. But in particular this section has been a woman to commit suicide or cause grave creates one more layer between the victim and
picturesque between dowry act and section 498A is misused from a long time by supposedly vengeful was whether there was injury (mental or physical) or danger to life or the justice system, and as a result, her access to
the form of cruelty done to the woman either by the wives and daughter in laws in order to acquire harassment with a view to coerce her to meet justice is compromised.
husband or the relatives and dowry related violence control over them or to fulfill their unlawful a mandate to check the unlawful demand. The scope of the word ‘cruelty’ In 2014, another bench of the court had observed
is one of the integral part which comes under the desires. The misuse of this particular section underlined by the bench has no quantitative that “the fact that Section 498A is a cognisable
ambit of Section 498A. became so prevalent that the Supreme Court in provision’s reach when indicators or signifiers and neither it is objective and non-bailable offence has lent it a dubious
The purview of the above section includes mostly the year July 2014 issued an order saying that it came to roping in all enough to validate by an external Family Welfare place of pride amongst the provisions that are
the dowry related cases which are filed either by without any strong evidences and sufficient reasons Committee. This is the first flaw in the judgment used as weapons rather than shield by disgruntled
the victim or by the relatives of the victim itself. husband and their relatives cannot be detained family members to settle - it talks about an unprejudiced test to the veracity wives”. This was a dangerous view of the
Being a non bailable offence, the cases falling immediately on the basis of the wife’s complaint. of the complaints, but leaves this responsibility situation, and in the bid to prevent misuse of the
under this section requires a thorough investigation No arrest should be done by police unless and until a matrimonial dispute and on the shoulders of arbitrary subjects shaped by law, in this present case, the court has ignored
and valid procedures so that a wrong perpetrator there is a nod from the magistrate side which was cruelty under section 498A. patriarchal worldviews. the aspect of preventing the violence itself. This
does not falls in the claws of legal punishment. also ordered by the Supreme Court regarding such Secondly, the bench states that if complaints Supreme Court direction is regressive and goes
ADVANTAGES OF SECTION 498A: cases. are filed under this legal provision, it would against all that we have tried to achieve for
not just be harassment against the innocent women’s rights in private spaces in India.
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