Legal protection for women in the marital home against cruelty, often for dowry, was formulated as late as 1983. The date indicates how social bias and institutional blindness overlooked for years the torture that could lead to women’s suicide; if not that, to a miserable existence. So it is not surprising that Section 498 (A) of the Indian Penal Code, which makes husbands and in-laws culpable if a woman complains, has been the subject of criticism and protest — it is too extreme, or abused by wives. As though no law is ever abused. At one end, Section 498 (A) is connected to the anti-dowry law; government records show that in 2020, 19 women died every day because of dowry. Surely the whole picture implied here will be included when studying the option of settlement in Section 498 (A) cases? The Bombay High Court has asked the Centre to see if Section 498 (A) can be made a compoundable offence, so that couples can reach a settlement if they wish without each party having to come to court. Records show that much court time is wasted in quashing 498 (A) cases, while an enormous pile is still waiting. Yet conviction rates are low — less than half in 2020 — which suggests that the courts would save time and people money and energy coming from afar just to say that the dispute had been amicably settled if the section were made compoundable.

Is the practical need of courts enough to change the character of a provision? Has the condition of women improved in their domestic set-up to such an extent as to make this change reasonable? The data say no such thing. When the same suggestion was made earlier, the Union government had expressed doubt about the fairness of such a change for women. This cannot be emphasised enough. No court would look into the conditions under which the desired ‘settlement’ is made. The anxiety to avoid a prison term may lead to ad hoc measures as well as pressure on the woman. Her natal family might join in this. A woman’s pain is less important than a broken marriage and family prestige. The Indian judiciary has often shown a tendency to encourage reconciliation too. The desire to make Section 498-A compoundable is a reflection of India’s attitude towards its women.