Supreme Court Calls Misuse Not a Ground for Striking Down Law: Upholds Constitutional Validity of Section 498A

New Delhi, 15 March 2025, Supreme Court of India has dismissed a PIL challenging the constitutional validity of Section 498A of the Indian Penal Code – now Section 84 of the Bharatiya Nyaya Sanhita, 2023.

The petition was filed seeking directions for the formulation of gender-neutral guidelines and legislation governing the filing of domestic violence and harassment complaints. The Bench emphatically rejected the challenge, holding that the mere possibility of misuse does not render a law unconstitutional.

We are cognizant of the growing discourse highlighting instances where the provision may have been misused. However, it must be borne in mind that for every such instance, there are likely hundreds of genuine cases where Section 498A has served as a crucial safeguard for victims of domestic cruelty.

Key Observations

Legislative Intent and Social Context:

• The Court underscored that Section 498A was enacted in 1983 to combat the pervasive social evil of dowry-related harassment and cruelty against married women.
• It emphasized that the provision aligns with the principle of “positive discrimination” under Article 15 of the Constitution, which empowers the State to enact special laws for marginalized groups, including women.

Judicial Restraint and Separation of Powers:

• The Bench, comprising Justices Surya Kant and Nongweikapam Kotiswar Singh, reiterated that courts must refrain from interfering with legislative policy unless the provision lacks a rational basis or violates fundamental rights.
• The petition failed to demonstrate that Section 498A was arbitrary or unconstitutional under Article 14 (Right to Equality).

Misuse vs. Genuine Need:

• While acknowledging isolated instances of misuse, the Court held that such cases do not justify striking down the provision. It cited Sushil Kumar Sharma v. Union of India (2005) to stress that misuse must be addressed on a case-by-case basis rather than diluting the law itself.
• The Bench highlighted the “ground realities” of dowry-related abuse, noting that countless cases go unreported, and Section 498A remains a vital safeguard for vulnerable women.

Concerns Over Misuse

While recognizing that instances of misuse of Section 498A have been reported, the court maintained that occasional misuse does not warrant the invalidation of a legal provision. It reiterated that the provision serves a crucial protective function for genuine victims of domestic cruelty.

Call for Balanced Implementation:

The Court cautioned against treating the provision as a “means to cry wolf” but affirmed its necessity to combat entrenched gender-based violence.

the provision cannot be trivialized or undermined merely because it has, in some instances, been invoked unscrupulously. However, this Court has also cautioned that it is not to be treated as a tool to prank assistance or as a means to ‘cry wolf’.”, Supreme Court in the order.

Implications Arising from the Judgment:

• By referring to the discrimination as “positive,” the judgment may unintentionally encourage false accusers to misuse the law under the protection of gender-based provisions.
• The lack of guidelines to strengthen the family system risks undermining the very foundation of traditional Indian family values and social harmony.