Courts will have to look into allegations of misuse of such legal provisions on a case to case basis, the top court said.
The Supreme Court on Tuesday held that Section 498A of the Indian Penal Code (IPC), which criminalizes cruelty by a husband or his relatives towards a woman, does not violate Article 14 of the Constitution.
The judgment was delivered by a Bench comprising Justice Surya Kant and Justice N. Kotiswar Singh while hearing a petition that raised concerns regarding the alleged misuse of legal provisions by women in matrimonial disputes, specifically under Section 498A IPC.
“The court finds no reason to interfere. The plea that such provision (Section 498A IPC) is violative of Article 14 of Constitution is wholly misconceived and misdirected. Article 15 explicitly empowers to enact a special law for protection of women, etc. This (misuse) needs to be examined on case-to-case basis,” the Court said while rejecting the plea.
The lawyer for the petitioner said that in many countries, anyone—whether man or woman—can go to court in cases of domestic violence, but in India, only women have that option.
However, the Court said,
“We maintain our sovereignty. Why should we follow other others, they should follow us.”
The Court observed that any law is susceptible to misuse, and allegations of such misuse must be examined by the Courts on a case-to-case basis.
It also emphasized the beneficial intent behind these provisions, particularly their role in safeguarding women from harmful societal practices.
“There are cases of misuse of every law. Do you want us to make sweeping statements? There may be instance where the women have been victimised. There might be cases where the provision would have been misused. So it is the duty of the court to decide each case based on its peculiar facts,” the Court remarked.
Notably, several courts, including the highest judicial authorities, have previously raised concerns about the misuse of domestic violence laws by women to falsely implicate their husbands and in-laws.
