Recently, the Supreme Court raised concerns over the misuse of legal provisions intended to protect married women, alongside recent legislative developments under the Bharatiya Nyaya Sanhita, 2023 (BNS).
Key Concerns Raised by the Supreme Court:
- Misuse of Section 498A of IPC:
- Section 498A criminalizes cruelty by a husband or his family toward a married woman.
- The court observed an increasing trend of this provision being misused as a tool of personal vendetta, leading to harassment of husbands and their families.
- Example: The tragic suicide of Bengaluru-based techie Atul Subhash underscores how such misuse can escalate conflicts.
- Generalized and Vague Allegations:
- The court noted that vague claims in matrimonial disputes exacerbate the misuse of protective laws, leading to potential injustices.
- Call for Legislative Reforms:
- In May 2024, the Supreme Court urged Parliament to address these issues in the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the IPC.
- Sections 85 and 86 of the BNS are akin to Section 498A of the IPC, focusing on penalizing cruelty in marriages but possibly needing clearer safeguards to prevent misuse.
Provisions in the Bharatiya Nyaya Sanhita (BNS), 2023:
- Section 69 – Sexual Intercourse by Deceitful Means:
- Criminalizes sexual intercourse under false pretenses, including:
- Promise of marriage without intention to fulfill it.
- False promises of employment or promotion.
- Marrying by concealing identity.
- Punishment: Imprisonment up to 10 years and/or a fine.
- Significance:
- While it does not classify such acts as rape, they are considered criminal inducement.
- Reflects a broader definition of deceit in relationships and transactions.
- Criminalizes sexual intercourse under false pretenses, including:
- Sections 85 and 86 – Matrimonial Cruelty:
- These sections maintain provisions akin to Section 498A, penalizing cruelty by a spouse or their family.
Implications and Challenges:
- Balancing Protection and Misuse:
- Laws like Section 498A were enacted to protect women from genuine cases of cruelty.
- However, unchecked misuse can undermine the law’s credibility and lead to the harassment of innocent parties.
- Need for Safeguards:
- The court’s call for reforms underscores the importance of balancing protection against cruelty with mechanisms to deter misuse.
- Strengthening scrutiny at the complaint registration stage could help address this issue.
- Social Sensitivities:
- Addressing misuse requires careful consideration to avoid discouraging victims of genuine abuse from seeking justice.
Way Forward:
- Clearer definitions and safeguards in Sections 85 and 86 of the BNS could address misuse while ensuring protection for victims of matrimonial cruelty.
- Awareness campaigns and training for law enforcement could mitigate misuse by improving the handling of such cases.
- Continuous judicial review of laws to adapt to evolving societal dynamics is essential.
