With the demise of Bengaluru techie Atul Subhas following a matrimonial dispute, the problem of misuse of Part 498 has gained prominence as soon as once more. Not solely the Supreme Courtroom, Social Media and Legal professionals, however even political leaders seem like effectively conscious of the continued growth. Within the first political response associated to the case, BJP Bengaluru MP Tejasvi Surya stated that the time has come for the federal government to evaluate family-related laws.
“I believe the time has additionally come for us to evaluate many of those family-related laws and likewise introduce, wherever attainable, a side of gender neutrality in order to guard each companions in a wedding. The household is a vital establishment. It’s the founding block of the society. And legislations that may be misused by one companion generally is a detriment to the very establishment of household and could have very sturdy social repercussions if not addressed,” stated the BJP MP.
Earlier on Tuesday, the Supreme Courtroom of India additionally expressed concern over the rising tendency to misuse Part 498A of the Indian Penal Code (IPC), which penalises cruelty by husbands and their relations towards married ladies.
Whereas quashing a Part 498A IPC case towards a husband and his mother and father, a bench of Justices BV Nagarathna and N Kotiswar Singh stated that the Part grew to become a instrument for unleashing private vendetta towards the husband and his household by a spouse.
“The inclusion of Part 498A of the IPC by the use of an modification was meant to curb cruelty inflicted on a lady by her husband and his household, guaranteeing swift intervention by the State. Nonetheless, in recent times, as there was a notable rise in matrimonial disputes throughout the nation, accompanied by rising discord and rigidity throughout the establishment of marriage, consequently, there was a rising tendency to misuse provisions like Part 498A of the IPC as a instrument for unleashing private vendetta towards the husband and his household by a spouse,” acknowledged a judgement got here on Tuesday.
