Bail and the IPC 498A: A Case of Harsh Realities

criminal general intermediate judgment_take

In Sushil Kumar Sharma v. Union of India (2015) the Supreme Court struck down Section 498A of the IPC as violative of Article 20(3) of the Indian Constitution due to its vagueness. While I think this decision is a step in the direction of justice for those falsely accused, I'm torn. On one hand, the provision was created to protect married women from harassment by their husbands or in-laws but in its current form, people have been languishing in jail for months while their cases drag on.

The court's decision essentially rendered the provision toothless, as the prosecution needs to prove 'abetting suicide' which is a tough nut to crack. But what about the innocent people stuck in this mess? Maybe it's about tweaking the law instead of abolishing it?

0 comments

0 Comments

Sign in to join the discussion.