The draconian use of section 498-A has done more harms to the society and has destroyed many families rather than correcting the wrongs of the society. Section 498-A is being used against the spirit of the Constitution of India, that every one is equal before the law and that every one has the fundamental right to life and liberty. It was surprised to note as to how provisions of Section 498-A were invoked in the case of Nisha Sharma when her marriage has not taken place i.e. (I) No saptapadi was performed to make her marriage valid under Section 5 of the Hindu Marriage Act 1955; (ii) Nor any cohabitation took place to establish a husband and wife relation, which is the basic ingredient of section 498-A IPC.
It has now become a fashion that once a woman makes a complaint, whether correct or false, the entire police machinery acts against the accused without any rationale. There is a tendency to implicate all relatives and even the elders, who could be instrumental to resolve the disputes between the couple. The basic rights of the accused persons are not even protected and even the unmarried girls of the accused family are sent behind the bars, only on the mere allegation.
