Daily News Analysis

One off-key conduct by in-laws cannot be called cruelty under Section 498A: Supreme Court

stylish_lining

Context: The apex court was hearing the appeal of a woman who was accused by her newly-wed sister-in-law of using foul language and dumping the latter’s belongings in the dustbin

The Issue: The Supreme Court of India ruled that a single instance of bad behavior, including using foul language and disposing of another's belongings, does not amount to "cruelty" under Section 498A of the Indian Penal Code (IPC) related to dowry harassment.

The Verdict: The court quashed the criminal proceedings against a woman accused by her sister-in-law of such behavior due to:

  • Lack of material evidence beyond the single incident.
  • Accused not living with the complainant, residing abroad.
  • Complainant's vague and general accusations.
  • Previous divorce of the complainant from the accused's brother.

Solutions:

  • Focus on pattern of behavior: Instead of relying on isolated incidents, courts should consider a pattern of repeated abusive behavior towards the wife by the husband or his relatives.
  • Strengthen evidence requirements: More concrete evidence beyond verbal claims should be required to substantiate accusations of cruelty under Section 498A.
  • Promote mediation and counseling: Encourage family mediation and counseling before resorting to legal action to address marital discord and potential for reconciliation.
  • Reform Section 498A: Consider potential amendments to the law to clarify and refine the definition of "cruelty" and protect against misuse of the Section.
  • Overall, the ruling emphasizes the need for careful evaluation of evidence and consideration of context before applying the strict penalties associated with Section 498A. Implementing the proposed solutions can help ensure its effective application in genuine cases of dowry harassment while minimizing misinterpretations and misuse.

Section 498A of IPC

  • Section 498A of the Indian Penal Code 1860 was passed by the Indian Parliament in 1983.
  • The section of 498A of the Indian Penal Code is a criminal law.
  • It is defined that if the husband or the relative of the husband of a woman, subjected such woman towards cruelty would be punished with imprisonment for a term which might extend to 3 years and may also be liable for fine.
  • Section 498 A of Indian Penal Code is one of the greatest rescues for Violence against Woman (VAW), which is a reflection of the pathetic reality of the domestic violence occurring within the four walls of a house.

 

Green Climate Fund (GCF)

The Green Climate Fund (GCF) has recently approved over USD 120 million to support climate resilience projects in Ghana, the Maldives, and Mauritania. This funding aims to assist these countries i
Share It

Quad Critical Minerals Initiative

The Quad Critical Minerals Initiative launched by the United States, India, Australia, and Japan marks a significant shift in global geopolitics and economic strategy, especially with regard to cr
Share It

NITI Aayog's Proposal

NITI Aayog's proposed roadmap to boost India's chemical exports is a significant step toward enhancing the country's position in global chemical supply chains and addressing existing i
Share It

One Big Beautiful Bill Act

The newly introduced 1% tax on outbound remittances under the One Big Beautiful Bill Act (OBBBA) by the United States has raised concerns about its potential impact on global remittance flows, particu
Share It

pulse cultivation

The Department of Consumer Affairs, under the Ministry of Consumer Affairs, Food and Public Distribution, has launched an important initiative to promote pulse cultivation in India, especially to
Share It

Gini Coefficient

The Gini coefficient is a key measure used in economics to quantify income inequality within a country or region. Developed by the Italian statistician Corrado Gini, it serves as an essential tool
Share It

Onge Tribe

The Onge tribe, one of the most ancient and primitive tribes of India, is a fascinating yet vulnerable community that resides on Little Andaman Island. Recently, the Andaman and Nicobar Islands ad
Share It

Nipah Virus

Nipah Virus (NiV) is an emerging zoonotic virus that poses a serious health risk due to its high mortality rate and ability to spread through both animal-to-human and human-to-human transmission.
Share It

WHO’s "3 by 35" Initiative

The World Health Organization (WHO) recently launched the "3 by 35" initiative, which aims to reduce the harmful consumption of tobacco, alcohol, and sugary drinks globally. This is part
Share It

Bond Yield

According to Bank of Baroda Research, the yield on India’s benchmark 10-year government bonds is expected to stay soft (low) in July. This indicates stable or easing borrowing costs for the
Share It

Newsletter Subscription


ACQ IAS
ACQ IAS