The women in India suffer from domestic violence. The Article 498 (A) of the Indian Penal Code has been specially prepared to protect such suffering women. According to the provisions of the Article, the Police are required to immediately arrest the perpetrators of violence, as mentioned by the victim in the FIR.
However, many times it is seen that the legal provision does not fulfill its desired goal. That is on two accounts, (a) payment of huge compensation to the victims and (b) misuse of the article by the some women, especially educated women in the urban areas, to settle personal scores against their male counterparts.
According to the principle of natural justice, culprits can be set free for the want of evidence but innocent should never be punished. However, when the article is misused, innocents are punished by way of arrest and jail. It is rather surprising to see that the Police are not required to carry out any enquiry, before the arrest. Whomsoever named as perpetrator by the woman in the FIR, that is taken as an adequate ground for arrest.
That the Article is being misused to take revenge on males, has been observed the Bombay High Court also. All are equal in front of law. However the Article 498 (A) appears to be unjustifiably skewed against the males, as he gets no protection by law. The following amendment is suggested to the Article:
“In case the allegations are not proved and the malicious intent is established by the court, the woman filing the FIR must be arrested immediately and tried under the relevant provisions of law”.
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