“Provisions relating to Matrimonial Cruelty under Section 498-A of the Indian Penal Code: An Analysis”

Abstract

Domestic violence, also known as intimate partner violence, is any type of torture, including physical, emotional, and sexual abuse that occurs in a marriage or other intimate relationship. In spite of the fact that it happens frequently over the planet, it is especially widespread in India where dowry, male supremacy, and joint families are the tradition. As a result, these variables also contribute to the domestic violence that women experience. Women encounter abuse not just from the husband but also from the husband's family, particularly when there is a dowry problem, whether it be a dearth of dowry or an inadequate quantity. Because of the associated stigmatization and the general Indian mindset of being concerned with other people's opinions, figures do not accurately depict the situation. Most of the time, the victim's death from the harm, their suicide, or their arrival at the hospital to receive treatment are the only ways the problem is brought to the attention of the police and legal authorities. Otherwise, the less severe kinds of abuse are typically kept secret. Prior to 1983, there was no explicit statute in India that addressed domestic violence. Section 498A was added in 1983 when the Indian Penal Code (45 of 1860) was modified. In section 498A, "Matrimonial Cruelty" against a woman is dealt. In India, marital cruelty is now a punishable offence that is not subject to bail and cannot be compounded.
It is shocking to hear that even though this provision was added to the Indian Penal Code for a legitimate reason, some women are openly abusing it to harass their husbands and his family. This has frequently evolved into a new form of extortion, harassment, divorce, and retaliation. Numerous times, without conducting an investigation, the police have detained elderly parents, unmarried sisters, and even pregnant sister-in-laws, causing them to endure mental anguish, humiliation, and pain. Some of the accused spouses' or their family members' suicides were motivated by embarrassment. This study examines how some women today are abusing section 498-A's mandates, utilising them as weapons rather than defences, leading to the miserable state in which the husband and his family currently find himself. The report makes the suggestion that rigorous rules should be issued to stop the growing misuse of 498A using case law and data.