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Section 498A of the Indian Penal Code was introduced to provide protection against cruelty and harassment by husbands or other relatives. While many women use the law to fight domestic violence and patriarchal constructs, others have misused it. Section 498A is one of the most controversial sections of India's penal code.

What is Section 498A?

Section 498A of the Indian Penal Code (IPC) deals with the violence done on women after her marriage by her husband or in-laws. It prescribes 3 years in jail and a fine for anyone convicted of this crime. This law also gives a new definition to cruelty—any sort of mistreatment that occurs within marital relationships, including physical abuse and verbal harassment.

Need for Section 498A

Women have always been the victims of cruelty by male-dominated society. These laws are helping women fight back against that treatment. The fact that they feel heard is a step in the right direction toward equality

Misuse of the law

The Supreme Court has declared the misuse of Section 498A to be equivalent to legal terrorism. In most cases, it is urban, educated women who exploit this law; and usually it's the husband and his relatives against whom false charges are made."

Women use it as a weapon than to shield themselves. In Arnesh Kumar v. State of Bihar, the court noted that bedridden grandfathers and grandmothers—and even relatives living abroad—were arrested because their daughter-in-law had filed "false" dowry cases against the husbands and her in-laws. Because of this, many women have begun using false cases to put pressure on their husbands or other male family members. This has resulted in an increase in the number of cases pending before the courts.

In some cases, the man is not of Indian origin and travels to India specifically in order to marry an Indian woman. However, once he arrives here – due to threats by members of her family over section 498A  – he finds himself forced into a situation where his life becomes completely dependent upon the whims of his wife's relatives.

Police visit the office premises of the man and his reputation is harmed. Police can also pick up the relatives if the complaint is harmed. Also, it does not require any proof before arrest. Even no investigation is required. So, if there is a small dispute, women can use the section to seek revenge.

Laws intended to benefit women should not be crafted in a way that excludes men. 

Police can raid the office premises of men, and their reputation is ruined. In addition, police may arrest relatives as well if there are allegations that someone has been harmed. It does not take any proof for an arrest to be made; no investigation at all is required prior to taking action against someone suspected under this law.

Laws intended to benefit women should not be crafted in a way that excludes men. The law should not be used as a tool to oppress one gender over another. the legislators in India should consider these concerns and make changes so that this law can be applied equally to both men and women.

Arguments on the Section 498A  

The law can only be invoked by women, which leaves out the rights of males. The law is too broad and vague, which can lead to abuse of power. The law does not take into account the context in which a crime was committed, but rather focuses on the status of the victim. A woman could falsely accuse her husband or his family of domestic violence in order to get out of an inconvenient marriage. This would cause serious problems for both parties involved—and it would be difficult for them to prove their innocence.

The Justice Malimath Committee report states that the harsh law has become a source of blackmail and harassment for many, rather than protecting genuine victims. Once a complaint is filed with the police, it gives them an easy tool for arresting or threatening to arrest husbands and other relatives named in the FIR without considering whether the allegations have any merit.

Section 428A is another useful provision. This section allows women to fight against the atrocities committed by men if they have been subjected to cruelty at any point in time. Although the misuse of an existing right can be curtailed, it is impossible to eliminate all such cases. A woman generally approaches a court when she has no other way out; so the courts should provide remedies rather than scrapping or diluting their powers.

In the course of a mediation, the woman may be put under enormous pressure to accept unfair terms. Because of this possibility and others like it, several protections for women have been included in this section.