Court's Judgment on Section 498-A

The Supreme Court of India, in the Shivangi Bansal vs. Sahib Bansal judgment, has endorsed the suspension of arrest or coercive action under Section 498-A of the Indian Penal Code (IPC), which deals with anti-cruelty against women. This decision is seen as problematic in terms of criminal justice and gender equality.

Background on Section 498-A

• Section 498-A IPC, now Section 85 of the Bharatiya Nyaya Sanhita, penalizes cruelty against women by their husband or his relatives with up to three years of imprisonment and a fine.
• The law defines cruelty broadly, including dowry harassment and actions driving a woman to suicide or causing injury to life or health.
• The need for such a law arose from the high incidence of dowry deaths and cases where cruelty culminated in the suicide or murder of women.

Judicial Directions

• The Allahabad High Court directed a 'cool-off' period of two months before any arrest or coercive action could be taken against accused persons under this law.
• The creation of family welfare committees at the district level was also directed for handling such cases.
• The Supreme Court's endorsement effectively provides temporary protection from arrest for accused individuals, impacting the complainant's safety and discouraging complaints.

Impact of Judgment

• Delays police investigations and legitimizes police inaction in investigating domestic violence complaints.
• Significantly impacts the complainants, making them more vulnerable and discouraging them from seeking justice.

Criticism of the Judgment

• The Supreme Court's decision is seen as lacking consideration of the socio-political implications and detailed hearings, especially from the state government.
• There is criticism of the narrative of 'misuse' of the anti-cruelty law, which the Court has echoed in previous judgments without empirical data to support such claims.

Statistics

• The National Crime Records Bureau (NCRB) data indicates an 18% conviction rate in such cases for 2022, suggesting that the conviction rate is comparatively higher than other offenses.
• NCRB recorded 134,506 cases of cruelty under the law in 2022.

Challenges in Criminal Cases

• Societal factors such as familial pressure and systemic bias contribute to issues in investigations and low conviction rates.
• The high burden of proof in criminal cases and difficulties in gathering evidence in intimate settings compound these challenges.

Conclusion

The judgment has been criticized for making victims of cruelty more vulnerable and affecting the uniformity of criminal law enforcement. The potential misuse of any law should not be a reason to broadly suspend its application, as highlighted by the Supreme Court in earlier judgments.