Supreme Court of India: Laws among most abused in India is the Domestic Violence Act Section 498A of the IPC

13 Sep, 2024

Section 498A of the IPC and the Domestic Violence Act have often faced criticism for being allegedly misused by women to falsely implicate their husbands and in-laws. “In such matters, getting freedom is the best thing,” said Justice Gavai, referring to an earlier case where a man was ordered to pay Rs 50 lakh to his estranged wife despite the fact that the couple had never lived together. The Supreme Court observed that Section 498A of the Indian Penal Code (IPC), which addresses cruelty against married women, and provisions of the Domestic Violence Act, are among the most abused laws in the country. A bench comprising Justice BR Gavai, Justice Prashant Kumar Mishra, and Justice KV Vishwanathan, made this observation during a hearing on a matrimonial dispute related to maintenance. Recounting the case that he said he witnessed in Nagpur, justice Gavai said: "In such matters, getting freedom is the best thing...I have openly said domestic violence, 498A are among the most abused provisions. My brothers may agree." Last month, the Bombay HC too had raised concern over Section 498A's misuse and noted even grandparents and bedridden people were being implicated in such cases.