LexJANSHRUTI (PEOPLE’S VOICE) versus UNION OF INDIA & ORS.
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[2025] 4 S.C.R. 2730 : 2025 INSC 536 Janshruti (People’s Voice) v. Union of India & Ors. (Writ Petition (Civil) No. 315 of 2025) 15 April 2025 [Surya Kant and Nongmeikapam Kotiswar Singh, JJ.] Issue for Consideration Directions sought for the formulation of gender-neutral guidelines and legislation governing the filing of domestic violence and harassment complaints. Also, sought declaration regarding the constitutionality of s.498A of the Penal Code, 1860 (now s.84 of the Bharatiya Nyaya Sanhita, 2023) Headnotes† Constitution of India – Art.32 – Penal Code, 1860 – s.498A – Bharatiya Nyaya Sanhita, 2023 – s.84 – Whether the impugned provision i.e. s.498A of IPC warrant judicial interference: Held: No – This is so because it is well-settled law that courts refrain from intervening in matters of legislative policy or mandate unless the provision in question is: (i) devoid of reasonable justification or basis; (ii) actuated by mala fides or an ulterior motive; (iii) lacking a rational nexus with the object sought to be achieved; or (iv) in violation of Fundamental Rights or any other constitutional provision – The enactment of this provision in question was prompted by the widespread and deeply entrenched exploitation of women through traditional practices such as the dowry system – This Court has consistently held, in a catena of decisions, that the mere possibility or occasional misuse of a legal provision does not render it constitutionally infirm, either procedurally or substantively – Even in the context of s.498A, this Court has reiterated that while misuse must be guarded against, the provision cannot be trivialized or undermined merely because it has, in some instances, been invoked unscrupulously – It is aimed at protecting a vulnerable section of society that often requires legal support and institutional safeguards to shield them from systemic abuse and exploitation. [Paras 4-7] [2025] 4 S.C.R. 2731 Janshruti (People’s Voice) v. Union of India & Ors. Constitution of India – Arts.14 and 15 – Penal Code, 1860 – s.498A – Bharatiya Nyaya Sanhita, 2023 – s.84 – It was contended that s.498A violates Art.14 of the Constitution: Held: It is also trite that the impugned provisions were enacted in furtherance of the principle of positive discrimination envisaged u/Art.15 of the Constitution of India, which expressly empowers the State to make special laws for the protection and advancement of women, children and other disadvantaged groups – In view of the legislative intent and the rationale supporting its enactment, there is no justification to interfere with the legislative process in the present circumstances, nor this Court is inclined to transgress the well established boundaries of the doctrine of separation of powers – In view of the foregoing, the contention that the said provision violates Art.14 of the Constitution of India is wholly misconceived and without merit. [Paras 8, 9] Penal Code, 1860 – s.498A – Bharatiya Nyaya Sanhita, 2023 – s.84 – Misuse of provision – Duty of Court: Held: This Court emphasizes a case-to-case approach because matters of this nature often involve intricate and layered complexities – They require the court to pierce the veil and carefully examine the underlying facts and circumstances in order to arrive at a just and informed determination of what has truly transpired. [Para 10] Case Law Cited Sushil Kumar Sharma v. Union of India [2005] Supp. 1 SCR 730 : (2005) 6 SCC 281 : AIR 2005 SC 3100 – referred to. List of Acts Constitution of India; Penal Code, 1860; Bharatiya Nyaya Sanhita, 2023. List of Keywords Dowry; Section 498A of Penal Code, 1860; Misuse of provision; Duty of Court; Principle of Positive discrimination; Protection of Women; Doctrine of separation of powers; Judicial interference; Systematic abuse; Exploitation; Legislative Policy. 2732 [2025] 4 S.C.R. Supreme Court Reports Case Arising From CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 315 of 2025 Under Article 32 of The Constitution of India Appearances for Parties Advs. for the Petitioner: Ms. Shashi Kiran, Sr. Adv., Ms. Sadhana Sandhu, Dr. Satish Chandra, Ms. Sangeeta Bhalla, Ms. Ashna Singh, Vishal Singh Chandel, Ms. Anju Sen. Judgment / Order of the Supreme Court Order 1. Delay condoned. 2. This writ petition, filed under Article 32 of the Constitution, seeks directions for the formulation of gender-neutral guidelines and legislation gover
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