The Complexities of Section 498A of Indian Penal Code 1860: A Discrimination against Men
Sk Tanvir Nabi (Student of 6th Semester)
Marriage is one of the divine social institutions in the society. Although in last few decades, it has undergone monumental changes. Section 498A of the Indian Penal Code, is to protect women from cruelty and dowry harassment by husband and in-laws. This provision aimed to safeguard the rights and dignity of women. But in many instances, it has been alleged that women file false or exaggerated complaints during matrimonial disputes as a weapon rather than a shield.
Women are misusing this provision with specific reason such as prior relationship, adultery, domination, custody and fraudulent marriage. Moreover, the gender-specific nature of section 498A violates the principle of equality before the law. It provides no remedy to men or their families who may suffer emotional or physical abuse for the convenience of the women. This misuse can be prevented by amendment of this provision, grievous punishment for false accusations, in-depth investigations, and vigilance of the Judiciary.
In the landmark case of Sushil Kumar Sharma v. Union of India, 2005, the Supreme Court observed that Section 498A has been increasingly used as a tool to harass husband & their families.
It is essential to protect women from genuine harassment during marital consistency but it is also important to prevent the law from being used as a tool for revenge or harassment. Thus reforming the process and implementation of 498A is crucial to achieve the gender neutral provision and fairness of justice.