The Supreme Court on Tuesday ruled that Section 498A of the Indian Penal Code, which criminalises cruelty towards women by their husbands or in-laws, does not violate the right to equality guaranteed by Article 14 of the Constitution, Bar and Bench reported.

The bench of Justices Surya Kant and N Kotiswar Singh dismissed a petition filed by non-profit organisation Janshruti, arguing for legal protection against alleged false complaints filed by women under Section 498A, The Wire reported.

Finding no reason to intervene, the court described the plea as “wholly misconceived and misdirected”.

“Article 15 explicitly empowers to enact a special law for protection of women, etc,” the court said. “This [alleged misuse] needs to be examined on [a] case-to-case basis.”

Article 15(3) of the Constitution of India enables the state to make special legal provisions for women and children. This affirms the social reality of discrimination faced by women in Indian society, Delhi-based criminal lawyer and writer Abhinav Sekhri previously told Scroll.

Although India has had a Dowry Prohibition Act since 1961, the majority of dowry harassment cases in the country are registered as offences under Section 498A of the Indian Penal Code. This section deals with husbands and their relatives who subject women to physical or mental cruelty, which includes harassment for dowry. Offences under Section 498A are cognisable (where the police can make an arrest without a warrant), non-bailable and punishable with imprisonment of up to three years.

The section was introduced in the Indian Penal Code in 1983 with the aim of protecting married women from cruelty in a country where dowry, domestic violence and patriarchy remain widespread. The statistics attest to the need for Section 498A: there were 24,771 dowry deaths in India between 2012 and 2014, more than 760 deaths in 2015, and these figures do not even include all the cases of dowry harassment that did not result in death.

On Tuesday, the court verbally observed that one cannot make sweeping statements about the misuse of some laws.

“We understand that it’s a spicy news item that Section 498Ais being misused... Where are the instances of misuse?” Kant asked, according to Live Law.

The court also rejected the petitioner’s argument that domestic violence cases in India can only be filed by women, while other countries allow anyone to file such cases.

Kant responded: “We maintain our sovereignty. Why should we follow other countries? They should follow our country!”

Scroll had previously spoken to experts familiar with these laws who said that, far from weaponisation, it is in reality quite difficult for women to avail of the remedies of maintenance and cruelty from the criminal justice system. Hurdles to justice for married women, like forced counselling sessions and moralising, have also been previously documented by Scroll.

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