"The law has become a tool for extreme blackmail and extortion"
The Indian law 498A was created to safeguard married women from abuse and harassment from their spouses and in-laws.
However, its implementation and usage have sparked heated debates and fierce criticism.
For years, there have been assertions that married women have exploited the law to extort money and bully husbands and in-laws.
However, the fact remains that women in India face significant inequality, exploitation and abuse.
Consider that Indian women can still face physical and psychological abuse when it comes to matters of dowry.
Gender-based violence is also rampant in India.
Consequently, supporters of the law emphasise its role in protecting actual victims in a society that is patriarchal and unequal.
DESIblitz delves into Section 498A of the Indian Penal Code (IPC), examining whether Indian women misuse the law.
What is the Indian Law 498A?
The Indian law Section 498A (cruelty to married women) was introduced in 1983.
It was created after a series of dowry deaths in Delhi and elsewhere in India.
There were daily reports of new brides being burnt to death by their husbands and in-laws with some attempts to pass the murders off as “kitchen accidents”.
Overall, the goal was to protect married women from cruelty, harassment, and violence from their husbands and in-laws.
It marked a significant step in addressing dowry-related abuse and providing legal recourse for women suffering in silence.
The law aimed to empower women by criminalising physical and mental cruelty. Punishments include imprisonment and fines.
Arrests could occur without warrants, and bail was not a matter of right but at the judge’s discretion.
In 2024, the Supreme Court stressed the need for judicial prudence in identifying cases of “over implication”.
The court warned against accepting exaggerated allegations without careful scrutiny.
Activists fighting for men’s rights and law reform in India have highlighted that new legislation has led to copying 498A.
Section 498A has been replicated in Sections 85 and 86 of the Bharata Nyaya Sanhita (BNS). The BNS came into force on July 1, 2024.
In September 2024, Law Minister Arjun Ram Meghwal stated this had been done without sufficient safeguards for men against frivolous complaints.
Courts have stressed the need for arrests not to be automatic when unsubstantiated complaints occur.
The Indian judiciary is monitoring to see if its directives against routine arrests by law enforcement are followed.
Criticism from the Courts on the Misuse of 498A
It has been argued that married women have effectively weaponised the law.
One judge described the misuse as “legal terrorism”, warning that it was “intended to be used as a shield and not as an assassin’s weapon”.
False complaints can occur for various reasons, such as a desire for revenge, money, or relationship power plays.
Initially, the law prescribed the immediate arrest of those named in a complaint. Between 1998 and 2015, authorities arrested 2.7 million people, including 650,000 women and 7,700 children.
In some cases, the accused was as young as two years old.
Men and their families have faced damage to their reputations, mental health distress, and financial challenges. False allegations and the torment of cases have also led to suicide.
In May 2023, the Kerala High Court expressed concerns that Section 498A was being used for vengeance rather than serving justice in matrimonial disputes.
High Courts across India have highlighted instances of misuse and advocated for a balanced approach to preventing false cases while safeguarding genuine victims.
Often, entire families, including the elderly parents of the husband, are implicated in such cases. Courts have highlighted the emotional toll on accused families, particularly when cases lack evidence.
Exploitation & Extortion via Indian Law 498A
In September 2024, in the Indian Supreme Court, Justice BR Gavai asserted that Section 498A, along with the Domestic Violence Act, is one of the “most abused” laws:
“In Nagpur, I had seen a case where a boy went to the US, and for an unconsummated marriage, he had to pay Rs 50 lakh.
“Not even a single day of living together, and that’s the arrangement.
“I have openly said Domestic Violence, 498A is among the most abused provisions.”
Misusing the law can lead to questionable cases and increased criticism of the legislation.
Comments to the post below on X highlight that many feel the law is exploitative and unjust.
Our passport may not be the most powerful, but our Section #498A is so powerful that it can bring anyone in the world to their knees. pic.twitter.com/3xYvePoZQr
— Honorary Husband(Retd) 498A, DV, 125 CrPC (@office_of_HH) October 30, 2024
Activists for men’s rights, like the renowned Deepika Bhardwaj, stress the severe harm the law can do when exploited.
Bhardwaj saw the harm first-hand in 2011 when false complaints impacted her and her family:
“At the time, I was working as a special correspondent with a media organisation in Delhi. My cousin-brother got married the same year.
“Sadly, his marriage split apart within three-four months owing to the extramarital affair of his ex-wife.”
“Even though the separation was amicable at first, immediately after two months, the girl’s family sent a legal notice to him, falsely accusing him of demanding dowry.
“His wife accused him and our entire family of beating her and demanding dowry from her.
“She filed a false case against us. I was also named as an accused, as someone who beat her and tortured her regularly.
“My cousin’s family went through immense trauma, including suicide attempts, due to these fake allegations.”
Bhardwaj said her family paid “a large sum of money” to buy peace, but “even though the case got over, I was not at peace”.
She asserted: “The law has become a tool for extreme blackmail and extortion.”
Watch Video. Warning – Distressing Scenes and Suicide Discussed
Determination to make #MartyrsofMarriage also came from story of a father who killed himself because he was unable to see his son – Syed Ahmad Makhdoom. He left a 7 minute suicide video. His wife also tried everything to deprive him of access to his son like #SuchanaSeth pic.twitter.com/u0NjA9vkTQ
— Deepika Narayan Bhardwaj (@DeepikaBhardwaj) January 14, 2024
Bhardwaj’s documentary Martyrs of Marriage powerfully uncovers the pain and devastation inflicted by the misuse of 498A.
She continues to work to raise awareness about the misuse of laws like 498A and advocate for men’s rights.
Her work highlights the need for balanced legal reforms that protect genuine victims while preventing the exploitation of legal provisions.
Cases under Section 498A can negatively affect wider family members, not only the husband and his parents.
On October 21, 2024, Justices CT Ravikumar and PV Sanjay Kumar stressed the need to be cautious of “exaggerated versions of incidents” that “are reflected in a large number of complaints”.
The bench observed that criminal trials often involve individuals with little or no connection to the alleged offences, leading to unnecessary hardship and reputational damage.
Women-centric Laws or Gender Neutral Laws?
In patriarchal India, lawmakers created laws specifically to protect women from harassment and violence.
In November 2024, lawyer Surbhi Khandelwal, reflecting on the legal system’s gender bias, wrote:
“There is no doubt that women face unique vulnerabilities, often experiencing harsher physical, emotional, and psychological impacts from crimes.
“However, the misuse of some of these laws is a growing concern.
“In practice, protective laws are sometimes exploited, not just by individuals but by families or parties looking to settle personal scores.
“False accusations in such cases have grave consequences.”
“Our legal system’s slow pace means that those falsely accused often suffer prolonged stigma and emotional trauma, even if they are later proven innocent.”
The slow pace of the Indian legal system worsens situations where law 498A has been misused.
Khandelwal, like many, calls for the consideration of reforms that make laws “more gender neutral”.
Article 14 of the Indian Constitution ensures equality, but men’s rights activists claim laws like 498A unfairly create bias.
Some criticise women-centric laws like 498A for reducing the desirability of marriage.
It has been claimed that such laws make marriage dangerous for men. Some activists and groups call for gender-neutral laws.
There is immediate need to amend Section 498A to save innocent family members from false cases. Sec. 498A kills one lakh men every year and has destroyed families which adversely impact society. @JharkhandCMO @KirenRijiju @JharkhandPolice @ranchipolice @SIFJharkhand @DC_Ranchi pic.twitter.com/EETp1oIrwE
— Prahalad Prasad (@PrahaladPrasa13) November 20, 2022
Despite these claims, women’s rights advocates argue that such laws are needed and misuse should not overshadow their key purpose.
Should Laws like 498A be Reformed or Abolished?
Indian law 498A can be misused to harm innocent men and their families. Nevertheless, the law does not always benefit women.
Mehak Ahuja, a legal researcher, stated:
“Indian courts have, in several past cases, acknowledged psychological and emotional abuse as grounds for cruelty.
“Criminal convictions under Section 498A have generally required demonstrable physical or extreme psychological harm, which critics argue can leave women vulnerable to subtler, yet deeply harmful, forms of abuse.”
She gives the example of the Aurangabad bench of the Bombay High Court, which in 2024 overturned a 20-year-old conviction.
The court acquitted a man and his parents and brother in a case of alleged cruelty against his wife. It was determined that the allegations were not severe.
Allegations included that they taunted her, made her sleep on the carpet, restricted her TV access and forbade visiting the neighbours and temples.
In regards to the case, Ahuja asserted:
“Given that the woman in this case allegedly committed suicide due to emotional distress, the decision appears to overlook the cumulative emotional impact such control may have had on her mental health.
“In many cases, repeated restrictions on movement, social interactions, or personal comforts are a means of asserting dominance and control, subtly eroding the victim’s sense of self-worth and autonomy.
“The Bombay High Court’s decision reflects a limited view of cruelty, highlighting the need for a judicial shift towards more progressive interpretations that include emotional and psychological abuse.
“When courts dismiss such behaviour as mere ‘domestic discord’, they risk sending a message that controlling or demeaning treatment within marriage is acceptable, undermining women’s autonomy and safety.”
The slow nature of the Indian legal system and the years it can take for cases to conclude need to change.
Moreover, law enforcement needs to take steps that help prevent trauma to the innocent.
Wholly removing laws like 498A could have profound implications on women’s rights, autonomy, and dignity within marital relationships.
Yet innocent individuals and their families should not endure the trauma and harm caused by false accusations and the judicial process.
It has been argued that those who issue false allegations should face legal sanctions and charges.
However, implementing legal sanctions and charges could be a double-edged sword. It could deter women truly needing justice from making a case.
Nevertheless, is the enforcement of charges still necessary?
Are robust safeguards and a more detailed investigation of evidence needed when a case is initially made?
Advocates for such laws argue removing Section 498A could endanger women’s rights and autonomy in marital relationships.
However, they acknowledge that safeguards and stricter investigative procedures are essential to prevent false accusations.
The debate raises critical questions. Should laws like 498A undergo reform to balance protection and fairness? Or should activists advocating for its repeal or gender-neutral laws prevail?
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