Supreme Court blunt on 498A: "Laws are not abolished due to possibility of misuse

National News: Section 498A of the Indian Penal Code, which applies to action in matters of dowry harassment and marital cruelty with women, has given a major verdict. The court dismissed the petition seeking to remove or amend the section, saying that even though it has been misused in some cases, it is an essential legal provision for the safety of women and does not violate Article 14 (right to equality) of the Constitution.

What is Section 498A?

Section 498A of the IPC takes punitive action with a married woman on the cruelty, physical or mental harassment, and dowry demanded by her husband or in -laws. It is a cognizable offense in which arrests can also occur. Over the years, it has been a matter of discussion that in some cases this law is misused, which has to face problems for innocent men and their families.

Petitioner's arguments

In the petition filed in the Supreme Court, the petitioner said that:

• Section 498A is being used as a "weapon" in marital disputes.
• This section is not gender-neutral, that is, only gives women the right to complain.
• Thus it violates Article 14 (equality) and 21 (right to life and freedom) of the Constitution.
• Domestic violence laws in other countries are gender gender-neutral, with both men and female complainants.

Supreme court responding

Justice Suryakant and Justice N. Of. Singh's bench dismissed these arguments and clarified that:

"It is completely wrong to say that Section 498A violates the right to equality. Special laws can be enacted for the protection of women under Article 15 (3) of the Constitution."

The court also said that if any provision is misused in some cases, then the entire law cannot be declared invalid. The possibility of misuse should be resolved through judicial discretion and case-by-case investigation.

'We are sovereign nations, why should we copy someone else?'
The court also rejected the petitioner's argument that compared other countries. The court said:

"We are an independent and sovereign nation. We create our laws in view of the needs and social structure of society. It is not necessary that we adopt everything in western countries. Rather they follow us."

No intention to weaken the rights of women

This decision of the Supreme Court gives a clear message that there is no intention to weaken the rights of women and the laws made for their safety. Yes, if there are complaints of misuse of a law, then the courts and investigative agencies will resolve it with responsibility.