Misuse of Section 498-A

  • Arwa K. Sarkar and Smita Thool
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  • Arwa K. Sarkar

    Assistant Professor at Barrister A. R. Antulay College of Law, Mumbai, India

  • Smita Thool

    Assistant Professor at Barrister A. R. Antulay College of Law, Mumbai, India

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“Hell hath no fury like a woman scorned” especially if it is backed by the provisions of IPC, which is used both as the shield to protect women against cruelty and a sword with which they can attack. What would be the repercussions if section 498A is used maliciously? Since centuries, women have always been looked up as a liability; first by her father and later to be passed to her husband. She has always been expected to act as a submissive one, be it at her husband’s house or father’s house. Even the marital vows dictate her to obey her husband and gives husband the right to punish her for disobedience which most often than not leads to domestic violence. Domestic Violence is no misnomer, it is one of the most scathing issues faced by women all over the globe transcending religious and social boundaries since history of mankind. Today as a modern welfare state we do acknowledge the fact that there exists more than one type of domestic violence, physical assault being the most common one. To constrain the peril of brutality against women Section 498-A was introduced with a pure vision to safeguard the interest of women across the country. Nonetheless we see an escalation in number of cases where women have misused this law to get revenge either from her husband or her in-laws. Moreover, modern women today use this law as per their whims and fancies thereby sabotaging man’s age-old dominance over them. The crux of the matter today being man are being roasted under the ambit of this section even while they are innocent. The aim of this research is to provide detailed male perspective as per the trauma, defamation, harassment faced by men who are innocent but guilty in the eyes of law.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 2912 - 2929

DOI: https://doij.org/10.10000/IJLMH.116453

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