Breaking The Mold Towards Equtable Justice: Unveiling The Favouritism In IPC Section 498A

Divyasri Jaganathan, Christ University Bengaluru

ABSTRACT

This legal research article analyses Section 498A of the Indian Penal Code which deals with the crime of cruelty to married women, to find any inherent bias. Due to accusations of abuse and gender discrimination, the clause has generated a great deal of controversy, leading to demand for its repeal or change to ensure gender neutrality in its application. This essay explores the background history of Section 498A and the motivations behind its enactment. It examines the different objections and worries voiced by different professionals, underlining the potential bias in the application of the clause. The methodology used in this research paper is doctrinal in nature. The analysis also looks at alternate strategies used by other jurisdictions to address such offences in a gender-neutral way, exploring the intersectionality of gender justice as well as the current legal framework controlling cruelty in domestic relationships in court proceedings.

Keywords: cruelty, gender, neutral, domestic, married