SECTION 498 A: IS THERE ANY VIOLATION OF NATURAL JUSTICE?
AbstractNatural Justice (rule of Fair hearing and rule against bias) is every person’s intrinsic right irrespective of caste, creed, religion, race, sex and nationality. It hasn’t been defined anywhere under Constitution of India. But its glimpse can be seen under Article 14,19, and 21 i.e. right to equality, right to freedom of speech and expression, and right to life and personal liberty. When we relate Natural Justice to Section 498 A of Indi Penal Code we see there is been lot of misuse of this section by the Indian woman only for whom this section was actually made. This section was initially added in the IPC for the protection of women against harassment and cruelty made by their own husbands and in laws. When these women just run towards getting justice for the frivolous fights in the heat of a moment and complaint against their family they don’t even think about the further consequences. They simply complaint and the whole family including husband have to stay in jail they don’t even provided a fair chance of hearing and notice before arresting. We know how police in our country reacts over such cases. They simply put everyone behind the bar without even thinking for a minute that it can affect their image and status in the society. They should atleast done a preliminary enquiry before doing so. This is pure violation of the natural rights of the accused and his family about whom nobody thinks. This is a high time to think about the validity of this section I’ll try to find out the possible results in my paper through some case laws.
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