GENDER JUSTICE OR LEGAL COMPROMISE? MEDIATION IN 498A AND THE FEMINIST LEGAL PERSPECTIVE
AUTHOR – MR ARJUN ANAND* & MS SNEHA TIWARI**
* STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH
** PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH
BEST CITATION – MR ARJUN ANAND & MS SNEHA TIWARI, GENDER JUSTICE OR LEGAL COMPROMISE? MEDIATION IN 498A AND THE FEMINIST LEGAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 263-278, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
Section 498A of the Indian Penal Code (IPC), introduced in 1983, was legislated to safeguard married women from cruelty inflicted by husbands or in-laws, particularly relating to dowry demands. Over the years, however, multiple judicial observations and public discourse have raised concerns about its misuse. The Supreme Court of India has remarked that the provision has sometimes been employed to settle personal scores, thereby resulting in undue harassment of the accused families[1].
In light of these challenges and to alleviate the burden on the criminal justice system, mediation has increasingly been adopted as an Alternative Dispute Resolution (ADR) mechanism even in non-compoundable matrimonial offenses. Courts have progressively referred Section 498A disputes to mediation centres, especially in metropolitan areas, with the aim of fostering amicable settlements[2].
This increasing reliance on mediation has sparked debates within legal and academic circles. On one hand, it is seen as a reconciliatory mechanism that can preserve familial harmony and reduce prolonged litigation[3]. On the other, critics warn that encouraging mediation in cases of domestic violence may result in the dilution of justice, as victims may be pressured into settlements that do not adequately address the harm suffered[4].
Feminist legal scholarship adds a deeper dimension to this discourse. While some theorists argue that mediation can empower women by allowing them to negotiate terms directly[5], others maintain that it risks silencing victims due to unequal power dynamics and societal coercion[6]. This study adopts a qualitative research methodology involving analysis of case law, government reports, and peer-reviewed journal articles. The findings suggest that while mediation holds reconciliatory value, robust safeguards and legal oversight are essential to ensure that justice is not compromised for vulnerable women.
[1] Supreme Court of India, Social Action Forum for Manav Adhikar v. Union of India (2018) 10 SCC 443.
[2] National Legal Services Authority (NALSA), “Mediation: A Better Approach to Matrimonial Disputes” (2021) https://nalsa.gov.in/ accessed 8 April 2025.
[3] Law Commission of India, Report No. 243, ‘Section 498A IPC’ (2012) https://lawcommissionofindia.nic.in/ accessed 8 April 2025.
[4] Ghosh, Shibani, “Judicial Attitudes Towards Mediation in Domestic Violence Cases in India” (2017) Indian Law Review https://www.tandfonline.com/ accessed 8 April 2025.
[5] Menon, Nivedita, “Recovering Subversion: Feminist Politics Beyond the Law” (Permanent Black, 2004)
[6] Kishwar, Madhu, “Domestic Violence Bill: A Flawed Attempt at Social Reform” (2005) Manushi: A Journal About Women and Society https://manushi.in/ accessed 8 April 2025.