In a landmark judgment, the Supreme Court on Tuesday upheld the constitutional validity of Section 498A of the Indian Penal Code, which criminalises cruelty by a husband or his relatives towards a woman. A Bench of Justice Surya Kant and Justice N. Kotiswar Singh dismissed a petition challenging the provision on the grounds that it violated Article 14 of the Constitution by being gender-specific.
The Court firmly rejected the plea, calling it “wholly misconceived,” and clarified that Article 15 of the Constitution allows the legislature to enact special laws for the protection of women. Addressing concerns about gender neutrality, the Bench responded, "We maintain our sovereignty. Why should we follow others? They should follow us."
While the petitioner argued that many countries have gender-neutral domestic violence laws, the Court stood by India’s legal framework, emphasizing the intent behind Section 498A — to safeguard women from oppressive practices still prevalent in society.
The Bench acknowledged instances of misuse but stressed that this cannot be a reason to invalidate the law. “There are cases of misuse in every law. But we cannot make sweeping generalisations. It's the court’s job to examine each case on its own facts,” the judges said.
Reinforcing the importance of targeted legal protection, the Court underlined that any misuse must be addressed judicially, not legislatively. The ruling sends a clear message — protection of women’s rights remains a constitutional priority, and the solution to occasional misuse lies in stronger scrutiny, not in striking down the law.
AdvoTalks : Justice Gets Easy - YouTube
AdvoTalks : Justice Gets Easy - YouTube
