Supreme Court ruling on Section 498-A IPC raises concerns for gender justice
The Supreme Court's judgment in Shivangi Bansal vs Sahib Bansal, endorsing the suspension of arrest under IPC Section 498-A (anti-cruelty law) for two months, is criticized as a dangerous precedent. The author argues this decision, based on false premises, undermines gender equality and criminal justice by making victims more vulnerable. Despite the law's intent to address domestic violence and dowry harassment, the judgment allows for a 'cool-off' period, delaying police action and legitimizing inaction. The article refutes the 'misuse' narrative, citing NCRB data on conviction rates and highlighting systemic biases and pressures on women, emphasizing the lack of empirical data for widespread misuse.
Key Points
- The Supreme Court's ruling in Shivangi Bansal vs Sahib Bansal suspends arrest under IPC Section 498-A for two months, raising concerns for gender justice.
- The judgment is criticized for making victims of cruelty more vulnerable and legitimizing police inaction.
- The article challenges the popular narrative of 'misuse' of Section 498-A, citing NCRB data and systemic issues.
- It argues that a low conviction rate does not automatically imply misuse and that the Court lacks institutional competence to conclude widespread misuse without empirical data.
Exam Facts
- The case is Shivangi Bansal vs Sahib Bansal.
- Section 498-A of the IPC (now Section 85 of the new Bharatiya Nyaya Sanhita) penalizes cruelty against women.
- National Crime Records Bureau (NCRB) data for 2022 shows an 18% conviction rate for Section 498-A cases.
- Previous Supreme Court cases on Section 498-A include Preeti Gupta and Anr. vs State Of Jharkhand and Anr. (2010), Sushil Kumar Sharma vs Union Of India and Ors. (2005), and Arnesh Kumar vs State Of Bihar and Anr. (2014).
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