Judicial Interpretation Of Cruelty In The Context Of Violence Against Women

Rumela Biswas, Christ (Deemed to be) University, Delhi NCR

ABSTRACT

“Domestic Violence” is that social menace against women which has been in existence since time immemorial. But in our society, it has been considered such a normal thing that happens in every household. This issue has been considered more as a private issue or matrimonial dispute rather than as a crime. If a woman gets tortured by her husband or gets ill-treated by her in-laws, she is supposed to be silent and should try for reconciliation for the sake of the respect, and image of the family, unless she will be categorized as a shame by society. This orthodox mindset is the main reason behind the exponential rise in the incidents of bride-killing, dowry death, wife-battering, domestic abuse, and other social evils.

Till the 1980s, there was no specific law to penalise such offences against women. In 1983, for the first time, a specific law was introduced in the form of Section 498A of IPC which has penalised “cruelty against women” in matrimonial homes. It came as the first ray of hope to protect the married women against all the violence they suffer in matrimonial homes.

But the irony is that this provision which acts as a deterrent to crimes against women is often getting criticized by Courts. There is a misconception that a low rate of conviction, and a higher number of withdrawal of cases represent that section 498A has been misused by women as a weapon to harass their husband or his relatives, ignoring the fact that the absence of adequate evidence, the dependence of the victim upon her assaulters, social stigma- may result into acquittal of convicts or withdrawal of cases. S. 498A plays a significant role in protecting women from violence but the question is to what extent it is effective in its role?”--that needs to be found out.

Keywords: Violence, Cruelty against Women, Domestic abuse, Marriage, matrimonial dispute