“A woman subjected to cruelty by her husband and his relatives commits suicide”, this news is something which is heard frequently. Despite creating awareness on such issues, many women are subjected to cruelty, be it mental or physical, by their husband or in-laws. The reason can be anything, from unlawful demands from the woman to purposely abetting her suicide. To state that women are still being degraded and tortured in a country which is developing in every field is extremely sad as well as an issue of concern. On one hand, marriage is considered as a sacred union between a man and a woman, on the other hand, this union loses its essence whenever a woman is subjected to humiliation by her husband or his relatives. With the ongoing pandemic, the period of lockdown has led to an increase in the number of domestic violence cases. Hence, to curb the cruelty towards married woman, it is necessary for each woman to know her rights in order to protect herself from the unnecessary cruelty from her husband or the husband’s relatives.
The Indian Penal Code, 1960 makes provision for an aggrieved woman who is being subjected to cruelty by the husband or relative of husband by introducing Section 498A in 1983. The section explains what amounts to cruelty as well as provides for punishment for a term which may extend to three years and shall also be liable to fine.
Ingredients of section 498A
In order to obtain relief, a married woman must prove either of the two-
There’s a willful conduct on part of the husband or his relatives of such gross nature which is likely to drive the woman to commit suicide, or such a conduct causes grave injury or danger to life, limb or health of the woman. The nature of such cruelty can be physical, as well as mental. Mental cruelty is the conduct of other spouse which causes mental suffering or fear to the matrimonial life of the other.
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The woman has been subjected to harassment by the husband or the relatives of husband where such harassment is in relation to coerce the woman or her relatives to meet unlawful demands, or if such demands have not been fulfilled, harassment related to non-fulfillment of such demands.
The term cruelty is wide enough, and hence it is not possible to define the term in one section. The role of judiciary in interpreting the term is vital.
What amounts to cruelty under section 498A?
There are instances where the judiciary has convicted the accused for the offence of cruelty under section 498A, thereby widening the meaning of the term ‘cruelty’. Every woman should therefore be aware of the circumstances and the provisions available to her.
Recently, on June 25, the Calcutta Hugh Court held “causing cruelty to deceased victim for her black complexion even after her marriage by the in-law's members would definitely attract Section 498A/34 I.P.C. against the in-law's members, including accused husband.”
In the case of Shivaji Kundalika Jadhav vs The State of Maharashtra, the death of the victim Madhuri Jadhav was due to committing suicide by consuming poison. The suicide was the result of the cruelty by her husband and the relative of husband on the ground that she is unable to beget any issue, often calling her “Wanzoti”, meaning a woman who did not beget any child. Such kind of cruelty was termed as mental cruelty likely to drive a woman to commit suicide falling well within the scope of section 498A.
The case of Surajmal Banthia & Anr. v. State of West Bengal relates to cruelty and harassment over outstanding demand of dowry as a result of which the deceased committed suicide. The deceased often tortured and ill-treated, was not provided with food for several days and was also denied of conjugal rights by the husband. Such gross conduct of the husband without a doubt amounts to cruelty and attracts section 498A, IPC.
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Is section 498A is constitutionally valid?
It has been contended that section 498A, IPC is ultra vires article 14 (equality before law and equal protection of laws) and article 20(2) (provision against double jeopardy) of the Constitution of India in the case of Inder Raj Malik and others v. Mrs. Sumita Malik. It was alleged that The Dowry Prohibition Act, 1961 already contains provisions for dowry related crimes, and hence, convicting under both the laws will lead to double jeopardy. However, constitutionality was upheld by the Delhi High Court stating that Section 498A under IPC is attracted in more aggravated forms of cruelty and not just dowry demand.
Why section 498A is not able to curb the crime?
Despite of having such a strong provision, women in India are still experiencing domestic violence, ruining their married life, or even ending their life. With the change in the mindset of people, it is also necessary to spread legal awareness, specially to families residing in rural and isolated areas. Many women are unaware of their legal rights and are therefore made to believe that they have no stand in the society in comparison to men. Therefore, more and more legal awareness programmes shall be conducted in every part of the country, to help women raise their voices against cruelty against them.
Many women are threatened for raising their voices and due to this, the aggrieved woman is scared to file a complaint against the husband and his relatives for treating her with cruelty. For the successful implementation of this section, it is necessary that women have some sort of protection against the accused. In this way, more and more crimes can be reported without delay.
It is necessary to educate people that such incidents are not a stigma, and experiencing such cruelty requires legal action. It is important to think about somebody’s life rather than reputation in the society. It is important to encourage and support such women who are experiencing cruelty in their matrimonial home, rather than letting them suffer.
The term mental cruelty is still unfamiliar with many people and is not considered as a form of torture against women. Therefore, it is the need of the hour to educate people about mental cruelty and how it is a life - threatening form of cruelty.
Conclusion
Section 498A, IPC is one powerful law for the protection of women against cruelty by her husband or the husband’s relatives. It includes physical as well as mental cruelty, which widens its scope. The Indian judiciary has time to time interpreted the term cruelty to provide justice to many women. However, this law is being misused by many women for ulterior motive. Women put false allegations on their husband and relatives to secure a life free from interference. Therefore, the role of judiciary becomes even more essential in providing justice to not only women, as well as the husband who have been falsely accused. Section 498A should be used as a defense, defense against the threat of life, rather than a weapon. By using such laws with mala fide intent, people lose faith in the laws of the country, and thereby resort to unfair practices. Protection and safety of women is the need of the hour, and section 498A has come to the rescue.
About Author
She is a 5th year law student of Vivekananda Institute of Professional Studies, Delhi.
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