The Logical Indian Crew

Laws To Protect Women Being Misused With False Plaints To Implicate Husband, Family: SC

The Supreme Court said that the laws such as section 498A of IPC, which is meant to prevent atrocities and harassment against a woman by her husband and her in-laws, are being used as instruments to settle personal scores.

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The judicial system must be efficient enough in its decisions and encourage victims to speak up; however, it also is responsible for thoroughly investigating an accusation before pronouncing a verdict. With friction rising in marriages, more cases with false implications are registered.

It raises concerns over some women who abuse laws to protect women, with the purpose of revenge, enmity or settling scores with the husband and his family.

Laws Used For Revenge

In its recent judgment, the Supreme Court said that the laws such as section 498A of IPC, which is meant to prevent atrocities and harassment against a woman by her husband and her in-laws, are being used as instruments to settle personal scores.

A bench of Justices S Abdul Nazeer and Krishna Murari made a statement while hearing an appeal on Tuesday, February 8.

The Case

A woman had filed an FIR against her husband and in-laws, accusing them of harassment and cruelty for dowry. The complainant said her husband harassed her mentally and threatened her with terminating her pregnancy.

The top court pronounced its verdict of quashing the FIR, stating that the contents of the complaint revealed that the allegations raised were general and omnibus and did not warrant prosecution.

In November 2019, the Patna High Court had dismissed their plea against the FIR dated April 1, 2019. The court also said that the complaint failed to establish specific allegations against the other family members.

Abuse Of Law

If the judiciary allowed prosecution in the absence of proper allegations, it would result in the abuse of the law, the court added.

"In recent times, matrimonial litigation has also increased significantly, and a greater disaffection and friction is surrounding the institution of marriage, now, more than ever. This has resulted in an increased tendency to employ provisions like 498A IPC as instruments to settle personal scores," The Indian Express quoted the judgment.

The top court also quoted previous cases where the laws were abused, and those charged with false accusations in such cases have been ostracised.

Also Read: 'Stop Marginalising Muslim Women': Malala's Message For Indian Leaders Over Hijab Row

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Writer : Devyani Madaik
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