Is Domestic Violence a Lesser Crime? Countering the Backlash against section 498A, IPC

Abstract

Section 498A was introduced in 1983 by the Criminal Law (Second) Amendment Act in the Indian Penal Code. It recognizes cruelty against a married woman by her husband and in-laws as a crime for which it lays down punishment of imprisonment which may extend up to three years and/or fine. Seen as a significant legal provision introduced after extensive pressure from women activists and lawyers besides being discussed in the Parliament during the 1980s, it criminalized violence within homes for the first time and empowered married women who faced violence in the marital house to raise their voice against such abuse.