Indian Penal Code section on matrimonial cruelty does not violate right to equality: SC

The Supreme Court on Tuesday ruled that Section 498A of the Indian Penal Code, which criminalises cruelty towards women by their husbands or in-laws, does not violate the right to equality guaranteed by Article 14 of the Constitution, Bar and Bench reported.

The bench of Justices Surya Kant and N Kotiswar Singh dismissed a petition filed by non-profit organisation Janshruti, arguing for legal protection against alleged false complaints filed by women under Section 498A, The Wire reported.

Finding no reason to intervene, the court described the plea as “wholly misconceived and misdirected”.

“Article 15 explicitly empowers to enact a special law for protection of women, etc,” the court said. “This [alleged misuse] needs to be examined on [a] case-to-case basis.”

Article 15(3) of the Constitution of India enables the state to make special legal provisions for women and children. This affirms the social reality of discrimination faced by women in Indian society, Delhi-based criminal lawyer and writer Abhinav Sekhri previously told Scroll.

Although India has had a Dowry Prohibition Act since 1961, the majority of dowry harassment cases in the country are registered as offences under Section 498A of the Indian Penal Code. This section deals with husbands and their relatives who subject women to physical or mental cruelty, which includes harassment for dowry. Offences under...

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