Lawyers' body holds session on section 498A misuse

Mumbai: The Interactive Lawyers' Association for Women on Friday organised a discussion on the use and misuse of section 498A of the Indian Penal Code (IPC), which was replaced with section 85 of the Bhartiya Nyaya Sanhita (BNS) in 2023. The session, targeted at female advocates and would-be lawyers, was held at courtroom number 21 in the high court complex, with justice Dr Neela Gokhale being the main speaker.

Section 498A of the IPC, introduced via an amendment in 1983, sought “to provide adequate punishment for any cruelty inflicted on a married woman by her husband and his relatives”. While the cognisable, non-bailable provision was carried forward in section 85 of BNS, the discussion on Friday revolved around its legal, social, and procedural aspects.

Justice Gokhale outlined the essential parameters for establishing an offense under section 498A, cited landmark judgments preventing arbitrary arrests under the section and highlighted the need for judicial caution when relatives are implicated in matrimonial disputes, said participants.

There was discussion on the increasing misuse of the Protection of Children from Sexual Offences (POCSO) Act in family disputes. Speakers mentioned how the law, which safeguards minors from sexual abuse, is sometimes weaponised in child custody battles and matrimonial conflicts. Senior counsels in attendance such as Neeta Karnik, Seema Sarnaik and Manjiri Shah shared anecdotes about how such legal proceedings increase children’s trauma and affect their development.

Other speakers discussed the reluctance of investigation agencies to register genuine complaints and their advise, especially to complainants from poor, marginalised backgrounds, to settle matters privately.

False cases filed under the provision undermined genuine victims and overburdened courts, delaying justice for others, participants said during the discussion. They stressed on mediation and reconciliation to resolve marital disputes and the lawyer’s role in making ensuring that victims understand their rights and legal remedies and do not file false or exaggerated complaints.

“The session reinforced my understanding of how legal provisions must balance protection with fairness. While Section 498A remains vital for safeguarding women’s rights, ensuring its proper implementation without unnecessary harassment is equally important.” said Riddhi Popade, a young lawyer who attended the session.