Maharashtra’s attempt to amend Section 498A halted due to data issues; central government awaits comprehensive information for reconsideration.
The Bombay High Court has told the Under Secretary of Women and Child Development in the Maharashtra Government to provide a written statement (affidavit) explaining what actions they are taking to suggest a new law. This law would allow compromises or settlements for cases falling under Section 498A of the Indian Penal Code (IPC).
This section, pivotal in addressing matrimonial cruelty, articulates that “whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to a fine.”
The talk about changing Section 498A has caused a lot of disagreement. The government previously said in an official statement that they are against making this section open to compromise.
Additional Solicitor General Devang Vyas revealed that the Maharashtra government had indeed proposed a bill aimed at amending Section 498A, but it failed to progress due to insufficient data. Vyas highlighted the central government’s willingness to reconsider a revised bill, provided it is supported by comprehensive data from the state government. This openness to reconsideration was evidenced by a letter dated January 19, 2024, from the central government to Maharashtra, indicating an ongoing dialogue about the amendment of the Code of Criminal Procedure, yet noting the absence of a response from the state government on the proposed amendment.
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The bench, comprising Justices Anuja Prabhudessai and NR Borkar, pointed out a discrepancy between the aforementioned letter and the earlier affidavit, labeling it as “misleading.” Despite this, the justices emphasized the importance of moving forward, stating,
“Be that as it may, in the light of the instructions now received by ASG, the State Government shall take steps to submit a fresh bill on the subject, with additional data, after removing the anomaly pointed out by the Ministry of Women and Child Development.”
This directive came during the hearing of a petition by three family members seeking to quash an FIR filed under Section 498A. In a landmark decision, the court not only quashed the FIR against the petitioners but also recommended that the central government consider making the offence under Section 498A compoundable.
This recommendation aligns with the precedent set by Andhra Pradesh, which made Section 498A compoundable back in 2003, marking a progressive step towards reconciling the law with the realities of matrimonial disputes.
By advocating for the compoundability of Section 498A, the court is not only facilitating a pathway towards more amicable resolutions of matrimonial disputes but also ensuring that the legal framework remains sensitive to the nuances of such cases.
