A STUDY ON SECTION 498(A) BY KODALI NEEHARIKA BY KODALI NEEHARIKA@LEXCLIQ

                                        A STUDY ON THE SECTION 498(A)

INTRODUCTION :  India has always been a nation where traditions and customs can not only be followed but also considered sacred and commendable.  The concept of a dinosaur was one of the most popular in India. The term Dowry ‘is defined under Section 21 of the Dowry Prohibition Act, 1961. Section 498-A introduced due to the pressure requirements to stop all forms of cruelty referring to a married woman who was a burning problem in the world. One basic truth is greed and dowry  Indeed the creative system as an institution is part of the origin of the case presented in the section. This category was it is intended to protect women from the vicious acts of her husband and family members. This section is included in protect women from abuse and harassment. But in the current context, the law has become a social evil. Instead of his held ‘, a section is now used for the purpose of mala fide by women as a  threat harassment for  self-satisfaction and benefits. As a result, it can be said that Section 498A is used as a weapon by women who simply misuse the provisions of this Section for personal gain.

In 1983, Section 498A was adopted to protect married women from exposure to abuse by their husbands or relatives. A sentence of up to 3 years has been imposed and fined. The term “abuse” is broadly defined to include physical or mental harm to a woman’s body or health and to engage in violent acts with the intention of forcing her relationship to satisfy any unlawful demands of any property or precious protection. Lobster abuse falls on the beating of the last leg section. Creating the old situation that this woman commits suicide is also one of the “cruel” ingredients.

Section 304-B directly deals with ”DOWRY DEATHS”. In certain other occasions, the husband or his relatives will not commit dowry deaths directly, but ill-treat the wife , torture her, demanding dowry, and directly or indirectly force her to commit suicide. When a wife is unable to bring dowry from her parents due to poor economical circumstances,  and due to intolerable conditions in her matrimonial home,  she decides to end her life. It is called ”MATRIMONIAL CRUELTY”. Section 498-A of the Indian penal code, 1860 explains the ”Matrimonial cruelty ”, i.e., the cruelty of husband and his relatives on the wife , and impose punishment on husband or relatives of husband who tortured the wife cruelty and forced her to commit suicide.

INGREDIENTS OF SECTION 498 A : Section 498 (A) is the only section in the Indian Penal Code, 1860, which recognises the abuse of women as a crime. The insertion of Section 498A was made in the sense of preventing the abuse of married women by her husband and in-laws and subsequent amendments were also made to the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1972 with similar amendments to better deal with cases of Dowry deaths and cruelty to married women by the husband, in laws and relatives. In addition to 498A, the Protection of Women from Domestic Violence Act, 2005, is also a link to reduce sexual harassment and violence against women. A complainant may apply for assistance under section 18-22 and temporary assistance may be obtained by the complainant under Section 21 of the Domestic Violence Act.

The basic essentials to attract Section 498A are:

  1. The woman must be married;
  2. She must be subjected to cruelty or harassment; and
  3. Such cruelty or harassment must have been inflicted either by the husband of the woman or by the relative of her husband.

 

MISUSES  OF SECTION 498 A  OF IPC : With rising education, financial security, and the status quo, more independent and courageous women are now working on Section 498A of the IPC, as a weapon in his hands rather than a shield. As a result, many helpless men and their relatives have become victims of retaliating in-house brides.These days in most cases where Sec 498A is filed, it turns out that it is a false case (and this is a time and time accepted by the Supreme Court and the Supreme Court of India), as it turns out to be just an attempt to abuse a wife (or her close relatives) when she has a troubled marriage. Because in most cases a Section 498A complaint is followed by a large claim for money to settle the case out of court. In one of the cases, the court ruled that there was a misuse and abuse of provisions in such a way that it struck on the basis of the marriage itself and ultimately did not appear to be a good indicator of public health.

A    similar  statement of serious misconduct was even obtained by civil authorities, such as the police, politicians, and judges of respected courts. In particular, allegations of abuse were made against Sec 498A of the IPC and Sec 304B. Similar views were expressed by former Judge KT Thomas in his article, and even the 2003 Malimath committee on changes in the criminal justice system also pointed, in particular, to the IPC’s 49 general complaint” of serious misconduct; therefore this same report recommended an amendment to the condemned provision, but failed to provide any data as to how the category was being misused.  Ever since the provision came into effect, Indian courts have been using the unprotected policy to protect women from members of her marriage family from being subjected to violence. It is true that 9 out of 10 cases brought against women have a high impact on lobola, where a woman continues to be threatened and coerced by her in-laws by demanding more money and property, fulfillment, leading to abuse, abuse, intimidation and harassment of women, both physical and verbal. Similarly, in the case of a celebration that was celebrate due to the lack of money for the dose the woman was given calm pose pills and even had surgery on both her arteries. It is also clear that sometimes, just asking for a dowry  will not be the cause but for some reason such as her race or family status a woman is abused to death.

 

-KODALI NEEHARIKA

 

 

 

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