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- Cruelty Not Necessarily Linked To Dowry, Supreme Court Ruling | IPC 498A provisions explained
New Delhi20 minutes ago
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The Supreme Court said that two types of cruelty in 498A have been considered a crime.
The Supreme Court said that it is not necessary to accuse dowry to prove the cruelty of the in -laws under Section 498A of the Indian Penal Code (IPC). This law was implemented in 1983 to protect married women from the harassment of husband and in -laws.
A bench of Justices Vikram Nath and Justice Prasanna B. Varale said, ‘Two types of cruelty have been considered a crime in Section 498A. The first when the woman is tortured in such a way that she has serious mental and physical problems. Second, when the woman is pressurized to meet an illegal demand. In case of any of these conditions, a case can be filed against the husband or in -laws.
In fact, the court overturned the decision on Friday by the Andhra Pradesh High Court. In which the High Court had ended the matter saying that the woman was not demanded for dowry. After which the woman challenged the High Court’s decision in the Supreme Court.
The bench said- need to understand the basic spirit of 498A
The bench said that when this law was implemented in 1983, the number of dowry related deaths in the country was increasing. It was brought not only to deal with cases of dowry murder but also to prevent atrocities on married women.
The Supreme Court in its judgment mentioned several old cases, in which women were harassed by her husband and in -laws despite not asking for dowry. The court said that strict action can be taken under the law even in such cases.
Major laws made for the protection of women in India
- Dowry prohibition act, 1961 Motive- Stop the dowry system and punish the culprits. Abuse: In many cases, women harass the husband and in -laws by making false allegations of dowry harassment.
- Section 498A of the Indian Penal Code (IPC) Motive- Protect married women from dowry harassment and mental/physical torture. Abuse: The arrest under this section used to be immediately. In many cases, men and their families are harassed without investigation.
- Domestic Violence Act, 2005 Motive- Protecting women from physical, mental, economic and sexual violence.
- Abuse: Women misuse false cases to take financial benefits from husband.
- Sexual Harassment Act, 2013 at workplace, 2013 Motive- The purpose of this law is to protect women from sexual harassment at the workplace.
- Abuse: In some cases, women blackmail their colleagues or boss by making false allegations.
- Rape Law (Section 376, 354 of IPC) Motive- Women are designed to prevent safety and sexual offenses.
- Abuse: In some cases false allegations are being made in some cases or for personal benefit.
- Hindu Marriage Act, 1955, alimony Section 24/25 Motive- Arrangements to maintain economically weak women during divorce. Misuse: Many times women try to get more money by making false allegations.
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(Tagstotranslate) IPC 498A (T) Cruelty (T) Dowry (T) Dowry Harassment (T) Supreme Court (T) Husband Exploation (T) In-Law Abuse (T) Married Women Protense (T) India Penal Code
