Section 498A IPC Not Unconstitutional: Supreme Court Defends Protection 

In a momentous verdict delivered in April 2025, the Hon’ble Supreme Court of India, in Janshruti (People’s Voice) vs. Union of India & Ors., reaffirmed the constitutional validity of Section 498A IPC, now known as Section 84 of the Bharatiya Nyaya Sanhita, 2023. This section continues to be a cornerstone in India’s legal framework for protecting married women from cruelty, harassment, and dowry-related abuse.

The verdict comes in response to a Public Interest Litigation (PIL) filed by an organisation seeking to declare the provision as unconstitutional due to its alleged misuse.

The PIL filed by Janshruti alleged that Section 498A IPC:

·       Violated Article 14 of the Constitution (Right to Equality)

·       Lacked procedural safeguards such as mandatory preliminary inquiry before FIR registration

·       Was frequently misused in matrimonial disputes

·       Required balance to prevent harassment of innocent men and their families

The petition also sought directions to mandate counseling and verification prior to arrests under this section.

“For every instance of misuse, there are hundreds of genuine cases where the provision has served as a safeguard against systemic abuse within the institution of marriage.”

The Court acknowledged the reality that dowry and domestic violence are deeply entrenched social evils, and removing such a provision would disproportionately harm victims who rely on it for protection and redress.

Constitutional Reasoning: Positive Discrimination Under Article 15(3)

Addressing the contention of Article 14 violation, the Court held:

“Article 15(3) explicitly empowers the State to enact special provisions for women and children. Section 498A IPC was enacted pursuant to this constitutional mandate.”

The Court emphasized the doctrine of positive discrimination, affirming that gender-specific laws, such as those protecting women from cruelty in marriage, are constitutionally sound and socially necessary.

Here are key extracts from the Court’s ruling that showcase the depth of its reasoning:

·       On Misuse Allegations:

“Misuse must be guarded against, but the solution lies in procedural improvements—not in striking down the law itself.”

·       On Social Realities:

“The harsh truth is that dowry continues to persist. A significant majority of such cases go unreported, with countless women compelled to endure injustice in silence.”

·       On Separation of Powers:

“We are not inclined to interfere with the legislative process or transgress the boundaries of judicial review without compelling unconstitutionality.”

·       On Jurisdiction under Article 32:

“The challenge to constitutionality in a PIL cannot succeed based on general allegations. Each case must be examined on its own merit.”