In a significant observation, the Supreme Court on Tuesday warned against the misuse of the cruelty law, specifically Section 498(A) of the Indian Penal Code (IPC), in marital disputes, highlighting its potential use as a “personal tool to unleash vendetta.” This remark comes amid the tragic suicide of a Bengaluru-based techie, allegedly due to harassment by his wife and in-laws, which has sparked widespread outrage.
A bench comprising Justices BV Nagarathna and N Kotiswar Singh emphasized that Section 498(A), originally introduced to protect women from cruelty by their husbands and in-laws, should not be manipulated for personal vendettas. The law was meant to prevent cruelty against women through swift state intervention, but the court noted an increasing trend of marital disputes being accompanied by the misuse of this provision by wives against their husbands.
“This law was introduced to stop the cruelty inflicted on a woman by her husband and his family, through swift intervention by the state,” the bench said. However, it pointed out that in recent years, marital discord has led to growing misuse of provisions like Section 498(A), with some women resorting to these legal avenues as tools for settling personal scores.
The case has garnered attention in the wake of the tragic death of a Bengaluru techie who allegedly faced relentless harassment from his wife and her family, leading to his suicide. The incident has once again brought the issue of marital cruelty and the potential abuse of legal provisions into the national spotlight.
As a part of a broader reform, the Indian government has moved towards the Bharatiya Nyaya Sanhita (BNS), a new penal code that seeks to replace the old IPC. Under this new law, Section 86 addresses similar offences of cruelty within marriages, with provisions for a sentence of three or more years and a fine for the guilty.
The Supreme Court’s warning serves as a crucial reminder of the delicate balance between providing protection for victims of marital cruelty while preventing the law from being misused to settle personal vendettas. The issue highlights the need for greater scrutiny and fairness in the application of such laws, as the judiciary works to ensure justice is not only served but also protected from exploitation.