Section 498A of IPC as well as Domestic Violence Laws are most Abused Laws Said by Supreme Court of india

Section 498A of IPC as well as Domestic Violence Laws are most Abused Laws Said by Supreme Court of india

The Supreme Court of India has time and again shown its concern regarding certain legal provisions enacted to protect women against domestic violence and cruelty. Especially, Section 498A of the IPC, which deals with the cruelty of the husband or his relatives, and the Protection of Women from Domestic Violence Act, 2005 (PWDVA), have been in the limelight for wide debate. In fact, both laws have been specifically laid down to protect women against harassment and abuse at home, but the reported misuse of such provisions has generated much legal debate.However, some apprehensions have been raised as to the misuse of Section 498A. There have been complaints that this section has been employed as a weapon even against the husbands and their relatives for harassment or for the purpose of a false implication. Rajesh Sharma & Ors. v. State of Uttar Pradesh & Anr. In the case, (2017) the Supreme Court commented on the trend of growing cases of false implications under Section 498A and labeled it as one of the most abused provisions. Such complaints were filed out of a vindictive motive leading to the harassment of innocent persons as a consequence of wrongful prosecution. While this has been the case with the criminal justice system approach, the civil law-namely, the Protection of Women from Domestic Violence Act, 2005-designed to afford relief to women at the receiving end of abuse-proves to be no exception. This act empowers a female to seek a protection order, residence order and monetary compensation arising due to domestic violence. While the letter and spirit of the law are aimed at protecting victims of domestic violence, the Supreme Court has also conceded that the law has been misused in a number of cases to settle personal scores or gain undue advantage in matrimonial disputes. Finally, while Section 498A and the Domestic Violence Act were enacted to save women from genuine abuse, the Supreme Court has taken note of the increasing misuse of such provisions. The Court's observations only mirror the judicious use of these laws so that justice is guaranteed both to the victims of abuse and to the falsely accused.

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