“MISUSE OF SECTION 498 A OF IPC: A BLESSING OR A CURSE”

Abstract

Domestic violence refers to violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation. In India, one out of every fourth Indian women is a victim of domestic violence at some point of her life or the other. The Protection of Women from Domestic Violence Act (2005) has been passed under Indian Constitution which ensures protection of women against violence of any kind occurring within the family and for matters connected therewith or incidental thereto. On the face of it, the law appears to be a “shield” or blessing for Indian women who are into abusive or violent relationships. However, another disturbing fact is that at times, women themselves have played an unpleasant and catalytic role in perpetrating violence against another woman like daughter-in-law, mother-in-law or female domestic helps. Second issue is that if it's male dominated society in some parts of India it's also female dominated in few other parts of it. Thirdly, nowadays, males and females both are equally involved in different crimes in the country like theft, murder, abduction etc. In light of all these facts, it can be said that if in most instances domestic violence is perpetrated by man in some instances it can be vice versa too. Instances exist whereby protective legal provisions for the benefit of women have been subjected to distortion and misuse and women have used PWDVA as “weapon” to wreak petty revenge and to settle scores. Deep scrutiny of PWDVA projects that “it” in an attempt towards “women and children welfare”, has granted Indian women an unconditional legal supremacy over men and created a society where men are deprived of their rights of “welfare”. The bottom-line therefore, is the fair incantation of legal provisions and their objective and honest implementation. The responsibility of this lies on the shoulders of we educated and elite group of the society.