ABSTRACT
Cruelty incidents were common in the past as well, with incidents like stripping and shaming women particularly occurring among women from lower castes. However, no such studies on women and marital cruelty were conducted. As a result, evidence available before the British Era is somewhat limited. Marriage and family have played a significant role in India's pre- and post-independence movements. In addition to highlighting and criticising the methods by which the state disapproved of and ignored acts of cruelty, the women's movement of the 1970s and 1980s focused on attacks on women as internal family cruelty. Concern over women interfering with the increase in young women's deaths from "accidental kitchen fires" led to the enactment of Section 498A in 1983. Later, it was discovered that the deaths were brought on by married women being harassed for their dowries. Additionally, in 1986, Section 304B—also referred to as "dowry death"—was added to the IPC. The Dowry Act of 1961 was strengthened by the implementation of the current remedies. Since then, women have used Section 498A to report cruelty and other abuses. This was the only available cure until 2005. Reporting it to the local police station proved to be challenging for women. This paper further examine the Historical Background and Development of Section 498A IPC 1860
Keywords: Section 498A, Cruelty, Symposium
INTRODUCTION
This chapter deals with the relevant history, detailed over the course of the eras that lead to the need of enactment of the Criminal Law (2nd Amendment) Act 1983 Act No. 46 of 1983 (“2nd Amendment”) inserting and amending several sections in order to empower women, along with the development that was seen during the time period till present day, all that will be showcased by referring to Apex Court judgments, law commission reports and many another secondary research works. Cruelty generally refers to the deliberate infliction of physical or psychological harm on another being, whether it's a human or an animal. It involves acts that cause suffering, pain, or distress, often without any justifiable reason or purpose. Cruelty can manifest in various forms, such as physical abuse, torture, neglect, exploitation, or the intentional causing of emotional harm.
The Culture and heritage, two things that have been driving the world since the dawn of time in the early times when religious content had a hold on the development of thought in the people, there was a Greek philosopher named, Plato46 who provided a theory regarding the love and the nature of human relationships which he named, theory of The Symposium .
The Theory of Symposium
Plato's theory of soulmates, also known as the theory of "The Symposium," can be found in his philosophical work, "Symposium." In this dialogue, Plato presents various ideas about love and the nature of human relationships. According to Plato, humans were originally whole beings with both male and female characteristics. These beings were called "androgynes" or "double creatures." However, due to their pride and arrogance, the gods decided to punish them by splitting them in two. This separation caused a deep longing and desire for individuals to reunite with their other half, creating a sense of incompleteness and a yearning for wholeness
Plato suggests that the search for our other half is the origin of love and desire. He argues that individuals spend their lives seeking their soulmates in an attempt to regain their lost sense of unity and completeness. When two soulmates find each other, they experience a profound connection and a feeling of belonging that surpasses any other relationship. He emphasises that soulmates are not necessarily limited to romantic or sexual partners. Soulmates can exist in various forms of relationships, including friendships. The crucial aspect is the sense of completeness and profound connection that arises when these two halves are reunited.
Plato's theory of soulmates implies that true fulfilment and happiness come from finding and reuniting with one's soulmate. It suggests that the ultimate goal of love and human relationships is to rediscover and restore our original wholeness, thus attaining a deeper understanding of ourselves and our place in the world. It is important to note that Plato's theory of soulmates is a philosophical concept and not a scientific theory. It presents a metaphorical explanation for human relationships and the longing for connection rather than a literal understanding of soulmates.
Indian Vedic Heritage
India, a country which has been recognized for its rich culture by every other state around the globe, is the oldest of the cultures still alive and well.in the Pre-Vedic and Vedic era in the history of the Indian culture the position of women was at the highest pedestal of humankind. As represented from the Quote in the start, noted from the Manu Smriti, it showcases that in the Vedic texts it is clearly demonstrated that greatest of the fortunes and best of the deeds are resultants of appeasement and honourable treatment of women. India is a land of ancient heritage and rich culture that has been following the ideology of Dharma. Dharma being the way of living, a code of conduct dedicated to provide an idea on what is right and what is wrong. While the ideology of Dharma depicted the above quote to be one of the wisdoms deep rooted in Indian culture. It is not an unknown fact that women enjoyed a respected and honoured position in the society in the early periods of the Sanatana culture, that period is also denoted as the Vedic time period. In the Vedic period it was observed that women were positioned among the highest of the society, and there have been numerous incidents in the history of Sanatana culture where the rights of the women were being upheld or provided a deterrent against any wrong.
As many cultures realised later about the value recording of cultural history brings. Sanatana culture has always recorded its rich history throughout the years. Some of these recordings are ‘the Vishnu Puran ,’ ‘Shrimadh Bhagavata Geeta ,‘Srimad Valmiki Ramayana ,‘the Brahma Samita,’ and many more. To elaborate on the rich history and cultural values that were enunciated in the teachings of the Vedic Period and were also recorded in the historical texts like Vedas, Manu Smritis, Holy texts, and others. These valued historical texts will be used to refer to the numerous incidents throughout the cultural history of the oldest culture of the world.
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