Justice Neela Gokhale of the Bombay High Court has emphasized the need for a nuanced approach to Section 498A of the Indian Penal Code, cautioning against its misuse while ensuring that genuine victims receive the protection they deserve.
Speaking at a lecture hosted by the Interactive Lawyers Association for Women, Justice Gokhale underscored that a handful of false complaints should not overshadow the legitimate struggles of victims of domestic cruelty.
“A broad-stroke perception that all cases under Section 498A are frivolous can dilute the gravity of genuine complaints,” she remarked.
She highlighted the psychological impact on the judiciary when a significant number of cases fail to meet legal thresholds.
“If out of 11 cases, 10 lack substantial merit, but one is genuine, the real fear is that the credibility of that one case is compromised. This is extremely unfortunate,” she said.
Citing a 2023 government report, she reiterated that domestic violence remains a harsh reality, with 30% of married women reporting emotional, physical, or sexual abuse. However, she pointed out that social stigma often deters victims from seeking legal recourse.
“The idea that once a woman is married, she must endure everything—‘doli me bithaya hai to arthi me hi aayegi’—still prevents many from stepping forward,” she observed.
While acknowledging that the Supreme Court has upheld the validity of Section 498A, she cautioned against its misuse as a tool for personal gain.
“The provision was meant to be a shield against dowry harassment, not a weapon for leverage,” she noted.
She also warned that baseless allegations could have unintended consequences for women themselves, particularly in family court proceedings.
“If a husband successfully gets a case quashed and presents that order in family court, it might create a perception that she is a habitual complainant, which could impact her claims for maintenance,” she explained.
At the same time, Justice Gokhale questioned why a woman would fabricate a case without a compelling reason, emphasizing the need for careful legal assessment.
“The real challenge is to strike a balance—preventing misuse without jeopardizing the rights of women who genuinely need protection,” she stated.
She called upon legal professionals to offer sound advice rather than encouraging unnecessary litigation.
“As lawyers and judges, we must guide women realistically instead of entangling them in a maze of cases,” she urged.
Concluding her address, she stressed that domestic violence should never be trivialized.
“Casual taunts do not amount to cruelty, but persistent humiliation and false accusations do. True cases under Section 498A must be taken seriously and pursued to their logical end,” she asserted.
