Calcutta High Court Raises Concerns Over Misuse of Section 498A, Labels it ‘Legal Terrorism

New Delhi, August 22, 2023: The Calcutta High Court has made strong remarks, decrying the “legal terrorism” unleashed by some women misusing Section 498A of the Indian Penal Code (IPC), intended to safeguard them from cruelty by their husbands or their families. This stern observation emerged during the court’s hearing of pleas submitted by a man and his family members, challenging criminal cases brought against them by his estranged wife.

While the legislative intent behind Section 498A is to combat the menace of dowry in society, the court underscored that instances of misapplication have given rise to what it termed “new legal terrorism.” The court emphasized that the burden of proving harassment and torture, as outlined in the definition of Section 498A, cannot rest solely on the complainant.

Justice Subhendu Samanta, presiding over a single-bench, dismantled the criminal proceedings initiated by a lower court, based on the woman’s complaint. The court’s scrutiny of medical evidence and witness statements revealed no substantiation of the alleged offences by the man and his family.

Highlighting the requirement for credible evidence to support criminal complaints, the court stated, “The law allows complainants to file criminal complaints, but the same must be justified by presenting compelling evidence.”

Addressing the living situation, the court noted that the couple resided separately from the man’s family, and allegations of assault or torture were deemed unfounded. “The allegations in the complaint petition are concocted; no such instances of assault or torture have been evidenced. The woman never intended to reside with her in-laws since the beginning, resulting in separate accommodation arranged by the husband petitioner,” the court affirmed.

As the Calcutta High Court shines a light on the misuse of Section 498A, questions emerge about the fine balance between protecting vulnerable women and ensuring fairness and justice in matrimonial disputes.