Research Paper on misuse of 498a

About the Author: Richa Mishra
I am an IVth yr law student of ICFAI Law School, Dehradun and I am pursuing BBA.LLB (Hons.). I have a keen interest in issues related to Women and Human Rights. The present article is to show another face of the so called “Civilized Society” which misuses the privileges granted to them for protection.

The author can be reached at: richamishra23( @)legalserviceindia(.)com
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Anyone who has been awake the last two decades knows how section 498-A of IPC has been heavily misused, dragging innocent men and women into police stations, lock-ups and courts, thus depriving may young children of a happy childhood, many youth of productive careers and many senior citizens of mental peace in the last leg of their lives.

As if this 498-A fiasco is not enough jingoistic feminists have come up with another Act, along the same lines of 498-A only with larger loopholes waiting to be used against many more Indian citizens. Many women who really need protection from Domestic Violence will probably never know about it and even if they do, never use it. This law will be yet another weapon in the hands of unscrupulous women who will misuse it at the slightest opportunity. In a society where men and women live together what affects one affects the other. When a man is thrown out of his own house under true or false allegations of domestic violence or cruelty everyone who is dependent on him is bound to suffer. That will include dependent parents and siblings who can be male or female. It is unfair enough to penalize an entire family even if an accused man is truly abusive. Unfair is a subtle word to describe a situation in which an innocent man, along with his family, is tortured by misuse of law. Injustice is a subtle word to describe how women, who commit perjury and harass families for years on end go unpunished.

Own Inference:
After the entire study we can conclude that though Section 498-A of IPC was brought in forth for the protection of women from the cruelty of her husband and his relatives it is being abused by some thoughtless women’s. These women’s are turning the law other way round by being cruel to their husband’s and his relatives and getting them tried under Section 498 A of IPC which deals with “Cruelty by husband or relatives of husband”. Henceforth certain legal actions should be taken as soon as possible to curtail growth of “legal terrorism“, by misuse of provisions of law.


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