Digital Cruelty And Matrimonial Law In India: Reassessing The Concept Of Cruelty In The Age Of Technology
- IJLLR Journal
- 6 days ago
- 1 min read
Harshita Manchanda, Vivekananda School of Law and Legal Studies, VIPS-TC
ABSTRACT
The judicial interpretation of cruelty as a ground for divorce under the Hindu Marriage Act, 1955, has undergone a significant evolution, expanding beyond its original narrow focus on physical violence to encompass mental, emotional, and economic abuse. This evolution signifies the judiciary's progressive understanding of marital harm, acknowledging that psychological suffering and the apprehension of harm are equally destructive to the marital relationship as bodily injury. Statutory instruments like the Protection of Women from Domestic Violence Act, 2005 (PWDVA) have further reinforced this shift by recognizing economic abuse as a form of domestic violence. In the contemporary context, the ubiquitous presence of digital technology has given rise to digital cruelty or cyber-violence. This manifests through novel, less tangible, but profoundly damaging acts such as cyber-stalking, intrusive surveillance, digital gaslighting, and the non- consensual disclosure of intimate images (‘revenge porn’). These technology-facilitated behaviours inflict severe psychological distress, violate the fundamental right to privacy, and fundamentally erode spousal trust. While courts have started to admit digital evidence and address these behaviours as mental cruelty, and existing criminal statutes (like the Information Technology Act and the Bharatiya Nyaya Sanhita) cover some related offenses, matrimonial law lacks explicit provisions. This paper argues that despite the progressive judicial trajectory, a gap remains in statutory recognition. To ensure comprehensive protection and clarity in family law, legislative reform is imperative to formally incorporate digital cruelty into the definition of cruelty under the Hindu Marriage Act, 1955. This inclusion is crucial for modernizing the law, providing effective remedies, and safeguarding the dignity, privacy, and mental well-being of individuals in the digital era.
