The debate of 498A IPC and allegation of it being gender biased

Profile of Author: Prerna Chhabra is a 4th year BA.LLB (H) student from CPJ (CHS & SOL) (affiliated her GGSIPU). Her areas of interest are family law, constitutional law, criminal law and socio-legal issues.

Introduction

From past few years, there have been many cases, where women are often seen misusing the law, which was made to protect them. False cases relating to rape, dowry death, and cruelty are taking a leap. People have now started fearing that our laws are inclined towards women. They also feel that it is the need of the hour that these rigid laws be made gender neutral. But what has led us to this situation and is this fear true? Is section 498A a shield or a weapon? For that lets see what gave birth to this specific provision.

Birth and Evolution of 498A

Women were regarded as equals during Vedic period, they were called the better half of man and were recognised as the symbol of wisdom, strength and patience. But as the society started progressing and the British rule in India began, the disparities in the society started being visible. A strange change in the mentality of the society was felt. Men were now the dominants and women were submissive. Men became the symbol of courage, wisdom and strength. The role of women got restricted to household, chores and being a mother. This gave rise to series of issues like child marriage, teenage pregnancies, illiteracy and violence.

Women were being subjected to violence by their husbands and his relatives. Unnatural demands of dowry were being raised; women were being forced to bring enormous amounts of dowry with them in order to be accepted in the family.

The family of the married girl were not only losing their life long savings but had to also mortgage their house to fulfil the demands of her in-laws. In order to save her parents from poverty, women in great numbers started taking their lives or were being killed by her husband’s family due to lack of fulfilment of dowry demands.

In order to rectify this evil, Criminal Law (Amendment) Act,1983[i] introduced section 498A in Indian Penal Code, 1860[ii] (hereinafter referred as IPC), with an objective of safeguarding women and the atrocities which were being inflicted on them and their families in the name of “marriage”.

Section 498A of IPC

Reads as “where a husband or his relatives subjects a woman to cruelty, shall be sentenced to imprisonment for a period of 3 years and fine.”

“Cruelty here means any wilful conduct of husband or his relatives which drives the woman to commit suicide, cause grave injury or danger to life, limb or health”

“it also includes harassment of woman or any person related to her to meet unlawful demands of dowry, property or any other valuable security, constitutes cruelty”.

Soon it was noticed that cruelty was not only physical but mental. In, G.V. Siddaramesh v. State of Karnataka[iii] , it was held that, the scope of cruelty needs to be widened since it is a relative term.

Recent Scenario

This law has safeguarded enormous women in India, especially those belonging to rural sectors in our society. But it is rightly said by Sir Isaac Newton that “every action has an equal and opposite reaction”, on the similar footing, with the changing times, this law has started being misused by women in large numbers.

Since this offence is grave, that’s why as soon as the complaint is registered, the husband and his relatives are arrested and put to jail. Cases like Bibi Parwana Khatoon v. State of Bihar[iv], Rajesh Kumar & Ors v. State of U.P.[v] have shown the extent the abuse of the above stated provision.

Women generally use this provision as a ground of divorce and blame her husband and his family. As soon as the complaint is registered all of woman’s in-laws are put behind bars. This not only defames their reputation, but also causes unnecessary hardships to the infirm and old parents of the man.

Women also misuse this provision in extracting valuable security, property or any amount of money from her spouse and his family.

Loopholes

It can be realised from about stated instances that this law is inclined towards women. It doesn’t recognise cruelty which is inflicted on a husband by his wife.

This existing provision also doesn’t encompass the ill-treatment that a woman does with her in-laws. How she neglects her marital obligations in the name of false “violence, abuse and harassment”

The court has been vigilant about these malicious acts of women and have tried achieving a balance by providing stricter guidelines on misconduct of this provision. It has also stated that, the lodging of complaint will now until otherwise established, led to being behind bars by both husband and wife.

Suggestions

• Men should not always be portrayed as the “wrongdoer”. With women being at par with men on almost everything, it should be recognised that women can also be an “accused” in a case.
• Changing times calls for reforms and laws which are gender – neutral. It is imperative that terms like “husband” be replaced with “spouse” and “relatives of husband” be replaced with “in-laws of spouse”.
• There should be harsh penalties and sentence, inflicted on women who misuse this grave offence.
• False cases registered by women must be dealt with imprisonment and hefty fines.

Conclusion

It can be clearly seen that our law is comprehensive and complete when it comes to protecting women. What it lacks is “gender inclusivity”. It is important to realise that not everyone is misusing the very law which is meant to protect them, but where such practice is taking place, such person shall be punished.

This not only disregards a particular section in the society but also compromises the essence of these provisions. Situations like these makes it difficult for the officials to trust an aggrieved. They are viewed with suspicion and their complaint is not dealt with utmost seriousness.

This eventually leads to failure of justice for the complainant. The need of the hour is to make the existing legislations comprehensive for men as well. It cannot be denied that women need special provisions in order to not be a victim, but it shouldn’t be overlooked that some men might also need such recourse.

FAQs

1. How has the Rakesh Sharma judgement of 2018 impacted section 498A?

This section because of its ill-use was termed as being “legal terrorism” by our judges both at High court and Supreme Court. It was resorted in this case that as soon as a complaint is registered under this section, her husbands or his relatives wouldn’t immediately be subjected to jail. Production of sufficient evidence and reasonable apprehension is now necessary. This criterion aims at reducing the existing disparities in this section.

1. What ill-effects has misuse of 498A had on the victims and society?

Cases of malicious use of the stated provision have gone up tremendously over the past few years. This has not only affected the “real” victims but have impacted the nature of marriage in our society.

Now victims are viewed with suspicion and distrust, police officials do not immediately take affect such complaints. Since its misuse, people fear this provision and old and infirm in-laws are forced to perform activities against their will, otherwise they are threatened by this provision.

[i] Act No. 46 of 1983

[ii] Act. No 45 of 1860

[iii] (2010) 3 SCC 152

[iv] (2017 6 SCC 792

[v] (2017) SC 821

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