Supreme Court Upholds Section 498A IPC: Gender-Neutral Guidelines Petition Dismissed

The Supreme Court of India recently delivered a significant judgment in the case of Janshruti (People’s Voice) vs. Union of India & Ors., dismissing a writ petition that sought gender-neutral guidelines for domestic violence complaints and challenged the constitutionality of Section 498A of the Indian Penal Code (IPC), now Section 84 of the Bharatiya Nyaya Sanhita, 2023. The judgment, dated April 15, 2025, was delivered by a bench comprising Justice Surya Kant and Justice Nongweikapam Kotiswar Singh. The court’s decision reaffirmed the importance of protective legal provisions for women in a society where dowry-related crimes remain prevalent.

The petitioner, Janshruti (People’s Voice), argued that Section 498A was being misused and sought gender-neutral legislation to ensure fairness in domestic violence cases. The petitioner’s counsel, Ms. Shashi Kiran, Senior Advocate, contended that the provision was discriminatory and violated Article 14 of the Constitution, which guarantees equality before the law. The petitioner also highlighted instances where the law had been allegedly misused to harass innocent individuals.

The respondents, represented by the Union of India, defended the provision, emphasizing its role in protecting women from dowry-related cruelty and systemic abuse. They argued that the law was enacted under Article 15 of the Constitution, which permits special provisions for women and disadvantaged groups. The respondents also pointed out that misuse of the law, while regrettable, did not justify its dilution or repeal.

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The Supreme Court, in its order, stated: “We are of the considered view that the impugned provisions do not warrant judicial interference. This is so because it is well-settled law that courts refrain from intervening in matters of legislative policy or mandate unless the provision in question is: (i) devoid of reasonable justification or basis; (ii) actuated by mala fides or an ulterior motive; (iii) lacking a rational nexus with the object sought to be achieved; or (iv) in violation of Fundamental Rights or any other constitutional provision.”

The court further elaborated on the legislative intent behind Section 498A, noting that it was introduced in 1983 to combat the widespread exploitation of women through dowry-related practices. The judgment cited the case of Sushil Kumar Sharma v. Union of India, where the court had previously held that the mere possibility of misuse does not render a provision unconstitutional. The bench observed: “While it is true that instances of misuse have emerged over time—occasionally with the intent to harass families or extort money, such concerns by themselves, are rarely sufficient to warrant striking down a statutory provision or diluting its effect.”

The court also addressed the petitioner’s argument about gender neutrality, stating that the provision was designed to address a specific social evil affecting women disproportionately. The judgment read: “The harsh truth is that dowry continues to persist as a deeply entrenched social evil, prevalent across vast sections of the country. A significant majority of such cases go unreported, with countless women compelled to endure injustice in silence.”

In conclusion, the Supreme Court dismissed the petition, emphasizing the need to balance individual hardships against the broader societal good. The judgment underscored the judiciary’s role in safeguarding vulnerable sections of society while respecting the legislature’s domain. The court’s decision serves as a reminder of the ongoing challenges in addressing gender-based violence and the importance of legal protections for women in India.

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Petitioner Name: Janshruti (People’s Voice).
Respondent Name: Union of India & Ors..
Judgment By: Justice Surya Kant, Justice Nongweikapam Kotiswar Singh.
Place Of Incident: India.
Judgment Date: 14-04-2025.
Result: dismissed.

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