Why SC expanded scope of domestic cruelty law to women in live-in relationships, Pg16

Key Highlights:

• The Supreme Court has expanded the protection against domestic cruelty under Section 498A of the erstwhile Indian Penal Code (IPC) to women in live-in relationships.
• This ruling will apply to Section 85 of the new Bharatiya Nyaya Sanhita (BNS), which replaced the IPC.
• The protection is extended specifically to live-in relationships where the couple shares an "intent to marry".
• The judgment was delivered by a bench of Justices Sanjay Karol and N Kotiiswar Singh.

Detailed Insights:

• Traditionally, Section 498A was applied only to legally valid marriages, penalizing a husband or his relatives for cruelty.
• The Supreme Court had previously expanded this definition to include men who induced women into legally void or voidable marriages.
• The Court adopted a "purposive interpretation" of the law, recognizing the need for legal adaptation to changing social realities.
• It reasoned that denying criminal law protection based on marital status for domestic cruelty violates Article 14 of the Constitution, which guarantees equality.
• The Court clarified that the Protection of Women from Domestic Violence (DV) Act, 2005, is primarily civil legislation, distinct from the criminal deterrence of Section 498A.
• For the expanded protection, a live-in relationship must meet the criteria of a "relationship in the nature of marriage" and also demonstrate an "intent to marry".
• The initial burden of proof to establish this "intent to marry" will rest with the female partner seeking the law's protection.

Key Concepts Involved:

• Section 498A IPC: A criminal provision that penalizes a husband or his relatives for subjecting a woman to cruelty.
• Bharatiya Nyaya Sanhita (BNS): The new criminal code in India, with Section 85 corresponding to the former Section 498A IPC.
• Protection of Women from Domestic Violence (DV) Act, 2005: A civil law providing remedies like maintenance and protection orders for victims of domestic violence.
• Article 14: A fundamental right in the Indian Constitution guaranteeing equality before the law and equal protection of the laws.
• Purposive Interpretation: A judicial approach where courts interpret a statute based on its underlying purpose and intent, rather than just its literal meaning.