Today, 3rd May, The Supreme Court’s emphasis on legal reforms within the Bharatiya Nyaya Sanhita addresses crucial issues surrounding cruelty against women. This initiative reflects a proactive stance by the judiciary to enhance protections and remedies for women facing various forms of abuse and mistreatment. The focus on legal reforms highlights the ongoing efforts to strengthen India’s legal framework, ensuring more effective mechanisms for addressing gender-based violence and promoting justice.
New Delhi: The Supreme Court, On Friday, urged the Centre to review sections 85 and 86 of the Bharatiya Nyaya Sanhita. The aim is to prevent their exploitation for filing baseless or exaggerated complaints, considering the practical challenges involved. The court emphasized the need for amendments that align with real-world scenarios, ensuring that legal provisions are not misused to manipulate or burden the judicial system with frivolous claims. This call highlights the importance of legal frameworks evolving in response to societal and operational dynamics, promoting fairness and efficiency in legal proceedings.
Section 85 of the Bharatiya Nyaya Sanhita stipulates that anyone who, as the husband or a relative of the husband of a woman, inflicts cruelty upon her, will face imprisonment for up to three years along with a fine.
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Section 86 broadens the scope of “cruelty” to include both psychological and physical harm inflicted upon women.
The Supreme Court mentioned that it had urged the Centre 14 years ago to review the anti-dowry legislation due to numerous complaints featuring exaggerated accounts of incidents.
A panel comprising justices J.B. Pardiwala and Manoj Misra examined sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023, slated for implementation from July 1, to determine if the Legislature earnestly considered the court’s recommendations,
“The aforementioned is essentially a direct replication of Section 498A of the IPC. The sole disparity lies in the fact that the Explanation to Section 498A of the IPC is now presented as a distinct provision, namely Section 86 of the Bharatiya Nyaya Sanhita, 2023.”
The court stated,
“The bench urged the Legislature to address the aforementioned issue, taking into account practical realities, and to consider amending Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023, prior to the enforcement of the new provisions,”.
This statement made in the context of the apex court dismissing a dowry harassment case filed by a woman against her husband. As per the complaint lodged by the wife, her husband and his relatives purportedly demanded dowry and subjected her to mental and physical anguish.
According to the First Information Report (FIR), the woman’s family expended a considerable amount during her marriage and also bestowed her “stridhan” upon her husband and his relatives. However, soon after the wedding ceremony, the husband and his family initiated harassment under the false pretext that she had neglected her marital and familial duties, while also pressuring her for additional dowry.
The bench remarked that upon examining the FIR and the charge sheet, it is evident that the accusations made by the woman lack specificity, being rather vague and general. They fail to cite any concrete instances of criminal behaviour.
The Supreme Court instructed the registry to dispatch a copy of this verdict to the Union law and home secretaries, as well as to the Government of India, for submission to the Minister for Law and Justice and the Minister for Home.
Scheduled for implementation from July 1, the newly enacted laws, the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Act aim to comprehensively reform the nation’s criminal justice framework. These legislations received parliamentary approval on December 21 of the previous year, and President Droupadi Murmu granted her assent on December 25.