Courts will have to look into allegations of misuse of such legal provisions on a case to case basis, the Supreme Court said.
On Tuesday, the Supreme Court declared that Section 498A of the Indian Penal Code (IPC), which makes cruelty to women by their husbands or their relatives illegal, does not violate Article 14 of the Indian Constitution.

Justices Surya Kant and N. Kotiswar Singh‘s bench was considering a petition that raised concerns about women allegedly abusing the law in matrimonial disputes, specifically Section 498A of the IPC.
“The court finds no reason to interfere. The plea that such provision (Section 498A IPC) is violative of Article 14 of Constitution is wholly misconceived and misdirected. Article 15 explicitly empowers to enact a special law for protection of women, etc. This (misuse) needs to be examined on case-to-case basis,” the Court said while rejecting the plea.

The petitioner’s attorney argued that only women in India have the legal right to file a complaint against domestic abuse, whereas in many other nations, anyone, regardless of gender, can do so.
However, the Court said,
“We maintain our sovereignty. Why should we follow other others, they should follow us.”

The Court further stated that any law can be abused, and that the courts must consider these claims of abuse on an individual basis.
It also emphasized the positive purpose of such clauses, such as safeguarding women from “bad practices” in the community.

“There are cases of misuse of every law. Do you want us to make sweeping statements? There may be instance where the women have been victimised. There might be cases where the provision would have been misused. So it is the duty of the court to decide each case based on its peculiar facts,” the Court remarked.

Crucially, a number of courts, including the highest courts, have previously noted how women have abused domestic violence laws to target their husbands and in-laws.