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Writer's pictureAmit Mathur

Is the Misuse of Anti-Dowry Laws Undermining the Fight Against Gender-Based Violence?

New Delhi: The Supreme Court on Wednesday cautioned against the misuse of Section 498(A) in marital dispute cases, stating that it cannot be wielded as a “tool to unleash personal vendetta” against husbands and their families. 

The observation was made by a bench of Justices BV Nagarathna and N Kotiswar Singh on Tuesday while overturning a Telangana High Court ruling that upheld a cruelty case against a man and his family.  

Is the Misuse of Anti-Dowry Laws a Growing Concern in Society?

Section 498(A) under the Indian Penal Code, or Section 86 of the Bharatiya Nyaya Sanhita (BNS), is designed to protect married women from cruelty by their husbands or relatives. However, the court emphasized that vague allegations or the mere mention of family members without evidence cannot justify criminal prosecution.  

The case in question involved a woman filing a cruelty complaint against her husband and his family after he sought to dissolve their marriage. The Supreme Court noted that the complaint lacked specific evidence and was an apparent attempt to settle personal scores.  

"The introduction of Section 498(A) aimed to address genuine cruelty inflicted on women, but in recent years, there has been a concerning trend of its misuse in matrimonial disputes," the court said. It warned against vague and generalized accusations, which could lead to "misuse of legal processes" and foster coercive tactics.  

The bench also criticized the Telangana High Court for its failure to dismiss the case, calling it a "grave error." It reiterated that criminal proceedings should not proceed without a clear prima facie case.  

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