Supreme Court of India’s Shift in Anti-Cruelty Law

• The Indian Supreme Court has endorsed the suspension of arrest or coercive action under Section 498-A of the Indian Penal Code (IPC), setting a dangerous precedent for gender equality.

• The IPC, introduced in 1983, penalizes cruelty against women by her husband or relative with imprisonment for three years and a fine.

• The Allahabad High Court directed no arrest or coercive action against accused persons for a ‘cool-off’ period of two months from the complaint.

• The judgment legitimizes the delay and inaction of the police in investigating complaints pertaining to ‘problems inside marriage’.

• Family law jurisprudence could benefit from alternate dispute resolution mechanisms like mediation, but serious allegations of violence under penal law are not suitable for mediation.

• The Supreme Court has echoed the narrative of’misuse’ of the anti-cruelty law, with strict guidelines before arrest making police action difficult.

• Survey findings reveal a gross under-reporting of violence against women in several States and institutional bias within the criminal justice system.