Section 498A, Domestic Violence laws among most abused in India: SC

Section 498A of the IPC and the Domestic Violence Act have often faced criticism for being allegedly misused by women to falsely implicate their husbands and in-laws

The Supreme Court on Wednesday observed that Section 498A of the Indian Penal Code (IPC), which addresses cruelty against married women, and provisions of the Domestic Violence Act, are among the most abused laws in the country, reported Bar and Bench.

A bench comprising Justice BR Gavai, Justice Prashant Kumar Mishra, and Justice KV Vishwanathan, made this observation during a hearing on a matrimonial dispute related to maintenance.

“In such matters, getting freedom is the best thing,” said Justice Gavai, referring to an earlier case where a man was ordered to pay Rs 50 lakh to his estranged wife despite the fact that the couple had never lived together.

 

“In Nagpur, I had seen a case where a boy went to the US, and for an unconsummated marriage, he had to pay Rs 50 lakh. Not even a single day of living together, and that’s the arrangement. I have openly said Domestic Violence, 498A is among the most abused provisions. My brothers may agree,” Justice Gavai stated.

Controversy surrounding misuse of 498A

Section 498A of the IPC has long been a subject of debate, with numerous voices raising concerns over its misuse, where women are said to falsely accuse their husbands and in-laws in criminal cases. Various courts across the country have echoed these concerns.

In a similar instance, last month, the Bombay High Court highlighted the misuse of Section 498A, noting instances where elderly and ailing individuals were dragged into legal disputes. The court sympathised with genuine victims but suggested that many cases could be amicably settled if the offence under Section 498A were made compoundable.

 

Courts raise alarms on 498A misuse

In May 2023, the Kerala High Court also expressed concerns over Section 498A being used in matrimonial disputes not for justice, but for vengeance against husbands and their families.

Similarly, the Bombay High Court, in August, raised concerns about estranged wives misusing the Domestic Violence Act as a means of harassment.

In July 2023, the Jharkhand High Court acknowledged that while Section 498A was introduced to protect women from cruelty, it is now often used for vindictive purposes.

It is worth noting that the IPC has recently been replaced by the Bharatiya Nyay Sanhita (BNS), 2023, with Section 498A now reflected under Section 85 of the new legal code.