498 A : Misuse , abuse or underused ?
Prachi Pratap
Advocate @ Supreme Court of India | AoR law firm| High Courts | NGT | NCLAT | 6 TEDx speaker | Forbes Legal Powerlist Delhi, India Also Lucknow, Mumbai, Bangalore
Misuse of 498A makes the genuine women victims and falsely accused men suffer
Recently Calcutta High Court observed that by misusing of Section 498 A women are engaging in “Legal Terrorism”
It has once more stirred the debate about the drawbacks of 498A. It is often seen that false 498 A allegations are on a rampant increase.
In 2005, The Supreme Court observed in Sushil Kumar Sharma Vs. Union of India (UOI) and Ors. that object is to strike at the roots of dowry menace. But by misuse of the provision a new LEGAL TERRORISM can be unleashed. The provision is intended to be used a shield and not an assassin’s weapon. If cry of “wolf” is made too often as a prank assistance and protection may not be available when the actual “wolf” appears.
The Madhya Pradesh High Court took a stance by observing that Section 498A is increasingly being misused to settle matrimonial disputes by registering “Package of five cases” against the husband and his family members.
Cases are registered, false FIR await quashing, even arrests happen, while the Judge is left to discern the truth. To curb this attitude Supreme Court had given stringent? guidelines against arrest in Arunesh Kumar judgement followed by Surendra Antil judgement.
498A is an important section, however, misuse of the section is making it a shaky ground for the women who genuinely need it as a shield.
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Justice Vivek Rusia observed, “Nowadays the very purpose of the insertion of Section 498-A in the Penal Code, 1860 with the object to punish the husband or his relatives, has been defined. In most of the cases, this section is being misused as observed by several High Courts and the Hon'ble Supreme Court. The Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar : [(2014) 8 SCC 273] has observed that the relatives are unnecessarily being made accused under section 498-A of the I.P.C.”
Instead of a shield to protect women victims from dowry menace, it has become a weapon to inflict cruelty while the bonafide women victims are left suffering.
The Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 wherein, directed the police authorities not to automatically arrest in a Section 498A IPC case or other cognizable offence, but satisfy themselves on necessity for arrest following the parameters under Section 41 CrPC. This case brought some relief for husbands dealing with false cruelty cases ruining marriages.
498A is an aid for bonafide women in distress. However, misuse of the section has turned the tables into false victimisation of men and left legitimate women victims being viewed with lenses of doubt.
I hope the section is once again used only for genuine cases that help women stand up for themselves in scenarios of abuse, let it once again empower the real victims.
Age 68 years, Practice 37 years, Visiting Lawyer/Corporate Legal Consultant
1 年Misuse of this law is sad part of marriage in some cases but still many are living happy married life with mutual understanding.
lawyer
1 年Misused.
Advocate
1 年It is so true that the misuse of Section 498A by the Victims. I asked to my Advocate Sir whether the Domestic Voilence is really happened to the Victims in some of the cases then they replied that no, there is no actual happening of it . It is mostly used as a package policy where it is used as to make their ground strong for the Divorce. Package policy (Sec.13 with 13A of HMA and Some provision from DV Act ) to reply the Petition of Section 9 of HMA. When such Provisions are used with wrongful intention then the actual party suffering from it wont get justice out of it.
Well shared , It is fact