SC Slams Copycat Approach: India Should Set the Benchmark

New Delhi (The Uttam Hindu) : Action is taken under section 498A in cases of domestic abuse and violence against women for dowry. In such cases, it is often alleged that this is being misused by the women's side and it has become a weapon to harass men. A petition was also filed in the Supreme Court with similar arguments, which was rejected by the apex court. The petition said that section 498A, which criminalizes cruelty against women, also violates the right to equality. On this, the court said that section 498A does not violate Article 14 of the Constitution. It is not against the right to equality.

The petition that came before the bench of Justice Surya Kant and Justice N.K. Singh said that section 498A is misused by women during disputes in matrimonial matters. The court rejected the petition and said, 'The court has no reason to interfere. It is completely wrong to say that section 498A violates the right to equality. Instead, it would be important to understand that a law can be made under Article 15 for the protection of women. Now if we talk about misuse, it should be seen on a case-by-case basis.' The petitioner's lawyer told the bench that there is a situation of gender neutrality in other countries in cases of domestic violence. The court said- we are a sovereign country, why should we copy others

He said that there, any man or woman can file a complaint alleging domestic violence. But in India, only women have such a right. The court rejected this argument and also objected. The bench said that we are a sovereign country. After all, why would we follow other people. They should follow us. The court said that any law can be misused. But this does not mean that the law itself is bad. It is important that we investigate every case and if it is misused, then it should be considered. He said that there are many such cases in which some law must have been misused. But such one-sided comments cannot be made.