Understanding Section 498A Misuse

What is Section 498A?

Section 498A of the Indian Penal Code was introduced in 1983 to protect married women from cruelty by their husbands or in-laws. On paper, it’s a law designed to combat dowry harassment and domestic abuse.

However, over the decades, this law has increasingly been misused as a tool for:

• Blackmail and extortion
• Settling personal vendettas
• Gaining advantage in divorce proceedings
• Harassing innocent family members, including elderly parents and siblings

The Statistics Speak

The Supreme Court of India itself has acknowledged the misuse:

“Many instances have come to light where the weights of Section 498A have been completely unsupported. This has led to false implications and unnecessary harassment of the accused.”

Studies show that:

• A significant percentage of 498A cases end in acquittal
• Entire families are often arrested without investigation
• The accused are presumed guilty until proven innocent

The Human Cost

Behind every misused case is a family torn apart:

• Elderly parents spending nights in jail
• Men losing their jobs and reputations
• Children caught in the crossfire
• Some driven to the point of suicide

Our Stand

We are not against laws that protect women from genuine cruelty. We are against:

• The misuse of well-intentioned laws
• The lack of preliminary investigation before arrests
• The presumption of guilt
• The absence of punishment for false accusers

The Way Forward

1. Gender-neutral laws that protect all victims
2. Mandatory investigation before arrest
3. Stringent action against false accusers
4. Legal awareness for all citizens

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