Aarya Singh & Kamal Nayan, Uttaranchal University
ABSTRACT
In modern day society 498A has become a sword for women which was once considered as a shield to protect themselves and it has become very difficult to tackle this sword by married men thus, making it invincible. Through this paper, the authors endeavour to shed light in a gender-neutral way of their perception the legislative wisdom being engrafting section 498A IPC in contradistinction to its widespread abuse with respect to present day Indian society, which once came into existence to help the Indian women to fight the outbreak of cruelty caused against them by the husband and his family member and safeguard the interest of women is now being misused as a tool of exploitation against their husband. To end the scourge of exploiting the legal provision against males, Section 498A of the IPC needs to be amended, and some social reforms also need to be made. By referring to secondary data from publications like journals and other papers, the authors of this paper used doctrinal research as their methodology. A succinct history of this legislation's origins, including how it all began with an analysis of reported and registered crime, police station records, law commission reports, and influential precedents around the country, was also presented. The authors also portray the misuse of Section 498A of IPC and tried to provide strategies and remedies to terminate its misuse.
Keywords: 498A, IPC, Cruelty, Harassment, Misuse
