Keywords: Section 498A, IPC, matrimonial cruelty, compoundable offence, mediation, FIR, affidavit.
On Thursday, the Bombay High Court stated that it does not have the authority to issue directives to classify Section 498A of the Indian Penal Code as a compoundable offence. Section 498A of IPC deals with matrimonial cruelty cases and criminalizes acts of cruelty committed by a husband or his relatives towards his wife. When a section is deemed compoundable, it allows for the resolution of the case without requiring the parties involved to approach the high court.
A division bench comprising Justices AS Gadkari and SG Dige, affirmed that the matter falls under the jurisdiction of the legislature. The court pointed out that an affidavit has been filed by the Central government, expressing concerns that making Section 498A a compoundable offense could have detrimental effects on women’s interests.
The bench remarked that it has taken note of their stance and that it lacked the authority to direct the government to take legislative action.
However, the bench emphasized that it possesses powers to dismiss cases, provided parties involved give their consent.
The bench observed that when all cases are referred to mediation, approximately 8 out of 10 cases are resolved successfully, while 2 cases may face some challenges. However, the parties’ positions remain apparent.
Previous year in October, considering the high volume of matrimonial cruelty cases, dealt under Section 498A of IPC, the bench consisting of Justices Revati Mohite-Dere and PL Chavan requested the Union government to initiate measures for making it compoundable in Maharashtra.
In addition to the difficulties faced by the parties involved, the bench highlighted that making Section 498A compoundable, subject to the permission of the relevant court hearing the case, would help save valuable time of the high court.
The aforementioned bench also highlighted that Andhra Pradesh had already made Section 498A compoundable in 2003.
The bench requested a response from the Union government regarding the matter.
In its response affidavit, the Union Ministry of Women and Child Development stated that all marital disputes falling under Section 498A of the IPC were registered only after a preliminary inquiry conducted by the police. If, following an inquiry, the mediation cell fails to achieve a compromise between the parties, only then an FIR is filed.
The affidavit further stated that many women resort to filing a case under Section 498A IPC only when they have no other choice. On the other hand, men generally face fewer difficulties, as they are less likely to be arrested even if an FIR is lodged against them. Making the section compoundable could enable powerful men to force women to compromise on their own conditions by intimidating their families and children.
It referred to a Law Commission report that documented the lack of reliable data derived from empirical studies regarding the extent of alleged misuse of Section 498A.
A writ petition was presented before Justice Dere’s bench, filed by three family members seeking the annulment of the proceedings under Section 498A. Although the bench dismissed the FIR against the them, it suggested to the Central government that the offence of cruelty to a wife by her husband and/or relatives, as outlined in Section 498A, should be made compoundable.
Subsequently, the case was later assigned to the current bench.
The bench granted the petitioners a two-week period to submit their suggestions to the Additional Solicitor General, who will subsequently discuss them with government authorities. Following this process, the case will be further deliberated upon.
References:
- Bar and Bench, https://www.barandbench.com/news/litigation/bombay-high-court-says-it-cannot-pass-directions-to-make-section-498a-ipc-a-compoundable-offence, accessed 13 July 2023.
- India Today, https://www.indiatoday.in/law/story/domestic-violence-centre-says-making-section-498a-compoundable-not-in-women-interest-2406004-2023-07-13, accessed 13 July 2023.
By: Saatvik, BBA LL.B. (Hons.), upcoming law student at Vivekananda Institute of Professional Studies, GGSIPU, Delhi, an intern under Legal Vidhiya.
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