With the death of Bengaluru techie Atul Subhas following a matrimonial dispute, the issue of misuse of Section 498 has gained prominence once again. Not only the Supreme Court, Social Media and Lawyers, but even political leaders appear to be well aware of the ongoing development. In the first political reaction related to the case, BJP Bengaluru MP Tejasvi Surya said that the time has come for the government to review family-related legislation.
“I think the time has also come for us to review many of these family-related legislation and also introduce, wherever possible, an aspect of gender neutrality so as to protect both partners in a marriage. The family is a very important institution. It is the founding block of the society. And legislations that can be misused by one partner can be a detriment to the very institution of family and will have very strong social repercussions if not addressed,” said the BJP MP.
Earlier on Tuesday, the Supreme Court of India also expressed concern over the growing tendency to misuse Section 498A of the Indian Penal Code (IPC), which penalises cruelty by husbands and their relatives against married women.
While quashing a Section 498A IPC case against a husband and his parents, a bench of Justices BV Nagarathna and N Kotiswar Singh said that the Section became a tool for unleashing personal vendetta against the husband and his family by a wife.
“The inclusion of Section 498A of the IPC by way of an amendment was intended to curb cruelty inflicted on a woman by her husband and his family, ensuring swift intervention by the State. However, in recent years, as there has been a notable rise in matrimonial disputes across the country, accompanied by growing discord and tension within the institution of marriage, consequently, there has been a growing tendency to misuse provisions like Section 498A of the IPC as a tool for unleashing personal vendetta against the husband and his family by a wife,” stated a judgement came on Tuesday.
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