Section 498A of the indian Penal Code (IPC), originally introduced to protect women from cruelty and dowry-related harassment, has been under the scanner for years due to widespread misuse. The supreme court itself has repeatedly observed that this law is among the most abused legal provisions in the country. While the original intent was noble and necessary, the ground reality has shifted significantly — with many false or exaggerated cases being filed, often as a tool in marital disputes or for personal vendetta. This misuse not only undermines the legal process but also dilutes the genuine suffering of actual victims of domestic abuse.
Despite the judiciary’s strong words and multiple recommendations — including guidelines to curb arbitrary arrests and calls to make the offence bailable and compoundable — successive governments have shied away from reforming the law. The reasons are political and emotional: any move to amend or repeal 498A is instantly met with fierce opposition from women’s rights groups who fear that such a change would embolden abusers and weaken legal recourse for real victims. This political sensitivity has effectively paralyzed legislative action, even though courts, legal experts, and a growing section of civil society continue to highlight the devastating consequences of its misuse — including family breakdowns, wrongful imprisonment, and harassment of innocent family members.
The need of the hour is not repeal, but reform — a balanced approach that protects genuine victims while preventing the law from becoming a weapon in matrimonial disputes. Making 498A bailable and compoundable, as suggested by the Law Commission and various court rulings, would introduce much-needed safeguards and reduce the burden on the judicial system. Unfortunately, without political will and public pressure, these reforms remain stuck in limbo. The cost of inaction is high — it erodes trust in the legal system, criminalizes innocent individuals, and weakens the credibility of laws meant to protect the vulnerable. Justice must work both ways — and any law that can be weaponized needs urgent re-evaluation.
Despite the judiciary’s strong words and multiple recommendations — including guidelines to curb arbitrary arrests and calls to make the offence bailable and compoundable — successive governments have shied away from reforming the law. The reasons are political and emotional: any move to amend or repeal 498A is instantly met with fierce opposition from women’s rights groups who fear that such a change would embolden abusers and weaken legal recourse for real victims. This political sensitivity has effectively paralyzed legislative action, even though courts, legal experts, and a growing section of civil society continue to highlight the devastating consequences of its misuse — including family breakdowns, wrongful imprisonment, and harassment of innocent family members.
The need of the hour is not repeal, but reform — a balanced approach that protects genuine victims while preventing the law from becoming a weapon in matrimonial disputes. Making 498A bailable and compoundable, as suggested by the Law Commission and various court rulings, would introduce much-needed safeguards and reduce the burden on the judicial system. Unfortunately, without political will and public pressure, these reforms remain stuck in limbo. The cost of inaction is high — it erodes trust in the legal system, criminalizes innocent individuals, and weakens the credibility of laws meant to protect the vulnerable. Justice must work both ways — and any law that can be weaponized needs urgent re-evaluation.
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