Cruelty law being misused in marriages: SC on Section 498-A

The Supreme Court has voiced concerns about the misuse of Section 498-A of the Indian Penal Code (IPC).

The Supreme Court has expressed concerns regarding the potential misuse of Section 498-A of the Indian Penal Code (IPC), which is designed to safeguard women from cruelty in marital homes, commonly known as the anti-Dowry law. The court emphasized the importance of judicial caution in identifying cases of "over implication" and cautioned against accepting exaggerated accusations without thorough examination.

During the hearing of a matrimonial dispute regarding maintenance, a Bench headed by Justice BR Gavai and including Justices Prashant Kumar Mishra and KV Vishwanathan, made an observation.

In a recent judgment, the Supreme Court nullified a conviction under the aforementioned law, which has been substituted by Section 86 in the Bharatiya Nyaya Sanhita (BNS), emphasizing the importance of a fair and equitable application of legal provisions to avoid unjust consequences. The BNS was enforced on July 1.

Referring to the Supreme Court's 2010 judgment in Preeti Gupta Vs State of Jharkhand, the bench of justices CT Ravikumar and PV Sanjay Kumar noted the increasing misuse of Section 498-A, where many individuals with minimal or no involvement in alleged offenses are unfairly dragged into criminal proceedings, causing unwarranted hardship and damage to their reputation.

The court's ruling serves as a reminder that while the law on cruelty is crucial for protecting women's rights in marital settings, its misapplication can lead to injustice. The judgment emphasized that accusations of cruelty should not automatically result in convictions without substantial evidence, as this can have severe consequences for those falsely accused.

Furthermore, the court called for judicial restraint and cautioned against hasty convictions based on weak or generalized allegations. The observations align with previous rulings aimed at curbing the misuse of Section 498-A, emphasizing the need for thorough investigation before making arrests and recommending the establishment of family welfare committees to scrutinize complaints to prevent false cases.

In light of recent developments, the Supreme Court has issued guidelines to prevent unnecessary arrests and ensure objectivity and accountability in the criminal justice system. The court is closely monitoring compliance with these directives and has urged the government to consider new laws to facilitate the grant of bail and prevent needless arrests.

Men's rights activist Deepika Narayan Bhardwaj highlighted the plight of men who are falsely accused under Section 498-A, emphasizing the need for accountability for false accusers to prevent the destruction of lives and erosion of trust in the institution of marriage.