CONSTITUTIONAL VALIDITY OF SECTION 498A OF IPC

Dr. Prativa Panda

Volume : VI, Issue : III, March - 2016

CONSTITUTIONAL VALIDITY OF SECTION 498A OF IPC

Dr. Prativa Panda

Abstract :

 The Indian State is responsible to ensure that all its citizens, especially the most historically marginalized, are provided protection to live a life of dignity and respect. Article 15 of the Constitution of India and International Conventions like Convention for Elimination of all forms of Discrimination against Women(CEDAW), which India has ratified recognized the unequal status of women and therefore made special provisions for women to address this inequality. Sections 498A, 304B Dowry Prohibition Act (DPA), Protection of Women against Domestic Violence (PWDVA) are all legislations to address the gendered nature of violence against women and also illustrate the position of the government that the institutions of marriage and family are not insulated from State interventions, particularly where there is violence against women within such institutions. This paper has analyzed the meaning of cruelty as under section 498A of IPC and inferences of judicial decision regarding the validity of section 498A of IPC.