Supreme Court And Various High Courts Express Concerns Over Misuse Of Domestic Violence Laws

The Supreme Court and several high courts in India have voiced concerns regarding the growing misuse of laws intended to protect women from domestic violence, particularly the Protection of Women from Domestic Violence Act, 2005, and Section 498A of the Indian Penal Code (IPC).

These concerns have prompted courts to reprimand both the Central Government and state authorities for the improper implementation of these laws, with several judgments emphasizing the need for reform and proper enforcement.

Supreme Court’s Concern On Implementation And Misuse

In December 2024, the Supreme Court ordered all states and union territories to file a status report on the implementation of the Protection of Women from Domestic Violence Act.

The court stressed that ensuring compliance and proper implementation of this law is the responsibility of both the Central Government and state authorities.

On February 8, 2022, the Supreme Court remarked that cases under Section 498A, which deals with dowry harassment, were increasingly being misused.

The court stated that using this provision as a tool for personal vendettas was detrimental to marital relations and that the primary purpose of Section 498A is to prevent cruelty towards women by their husbands and in-laws.

The court also acknowledged that the growing trend of using Section 498A for personal enmity was troubling.

Challenges With False Cases And The Court’s Role

The Supreme Court recently rejected a petition filed by lawyer Vishal Tiwari, which requested guidelines to prevent harassment of husbands and their families in false domestic violence cases.

The court responded by stating that such social issues require a shift in societal attitudes, and it cannot intervene directly in these matters.

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Furthermore, the court reminded that Parliament is the appropriate body to legislate on such matters.

In 2003, the Delhi High Court also raised concerns about the misuse of Section 498A, noting that many women file complaints not only against their husbands but also against multiple in-laws.

The court observed that such cases were undermining the foundation of marriage.

Similarly, the Jharkhand High Court pointed out that women, angry with their in-laws, were using the provision as a weapon rather than as a protective measure.

The Bombay High Court stated that filing a false case to improve a husband’s behavior constitutes cruelty.

The Allahabad High Court stressed that authorities should not make immediate arrests in matrimonial cases; instead, they should provide a cooling-off period of two months before taking any action.

Legal Framework: Section 498A And Its Purpose

Section 498A of the IPC protects women from cruelty by their husbands or in-laws. It mandates a maximum punishment of three years in prison and classifies the offense as non-bailable and cognizable.

Authorities can arrest individuals without a warrant if they register a case under this section. However, if the case proves false, the accused can file a defamation suit.

Increasing Misuse Of Section 498A

Unfortunately, many wives have increasingly misused Section 498A, often to blackmail their husbands or relatives during marital disputes.

In numerous cases, they demand a large sum of money to settle the matter out of court after filing a complaint under Section 498A.

This misuse has raised serious concerns among legal experts and courts alike.

Rising Cases Of Domestic Violence And Legal Backlog

Domestic violence cases have been steadily increasing in India. According to the National Crime Records Bureau (NCRB), more than 30% of all crimes against women are related to domestic violence.

In 2021 alone, over 1.36 lakh cases were registered under Section 498A, and 1.11 lakh cases were registered in 2020.

Additionally, 25,158 cases were settled in lower courts in 2021. This growing number of cases highlights the urgent need for better enforcement and safeguards to prevent the misuse of domestic violence laws.

The Need For Reform And Vigilant Implementation

While the Protection of Women from Domestic Violence Act and Section 498A serve important purposes in protecting women, the increasing instances of misuse call for careful scrutiny and potential reforms.

The courts have repeatedly highlighted the need for state governments to properly implement these laws while ensuring that they do not become tools for personal conflict.

The evolving judicial landscape suggests a need for a balance between protecting women from genuine abuse and preventing the exploitation of legal provisions for personal gain.