498A IPC- A Shield to Protect Women or a Weapon to Harass Men

Abstract

“YatraNaryastuPujyante, RamanteTatraDevata” is a very famous saying in Sanskrit. The meaning of which is “God live in places, where women are worshipped and divinity blossoms there”. A woman is considered as “Ardhangini” in the Hindu marriage, which is a sacred institution. Wife is one half and husband is another half. These two halves make an eternal being completed. In ancient times a woman was given significant and equal status as of a man. However, in some period of time the position of woman has been changed. Even history shows that a husband plays a superior role than that of a wife as he is considered as the “Karta” of the house. Gradually the situation has become worse and women is subjected to various atrocities. The demon of Dowry is one of them. Wife is seen as a means to get wealth and in case those unlawful demands are not fulfilled; violence is done with her. Sometimes it reaches to such a brutal level that she finds no way other than committing suicide. It became the need of the hour to make some laws to prevent such kind of inhumanity against woman. Thus, Dowry Prohibition Act and in addition an amendment has been introduced in IPC in the form of section 498A in 1983. The purpose was clearly to prevent the evil of cruelty against women. But a shield which was provided to protect women against the violence done to her by her husband and in-laws, has been converted into a weapon to be used by woman against her husband and in-laws. The issue exists on both sides, one is that the women who are unaware about their rights are unable to use section 498A to safeguard their rights and the other is that the women who are much aware and have mala-fide intentions, they misuse this section to harm the husband and his family to settle her personal scores against them. This paper aims at finding some useful suggestions so that the purpose with which section 498A was inserted can be fulfilled.