Marital Cruelty In India: Reconceptualising Gender Equality And Social Justice Within Marriage

Abstract

Marital cruelty in India has traditionally been approached through the language of matrimonial disputes, domestic violence, dowry harassment and criminal liability. Such an approach, although legally necessary, does not fully capture the broader implications of cruelty for gender equality and social justice. Marriage is simultaneously a social relationship, a legal institution and a site in which power, autonomy, economic dependence and gender expectations may operate. Consequently, cruelty within marriage is not merely a private dispute between spouses; persistent violence, humiliation, economic deprivation, sexual abuse, coercive control and dowry-related harassment may affect a woman’s substantive equality, dignity and ability to participate equally in family and social life.

This paper examines marital cruelty in India through the interconnected perspectives of gender equalityand social justice. It analyses the constitutional foundations of equality and dignity under Articles 14, 15 and 21, the Protection of Women from Domestic Violence Act, 2005 the Bharatiya Nyaya Sanhita, 2023, and matrimonial remedies under the Hindu Marriage Act, 1955. It further examines the Supreme Court’s evolving jurisprudence on mental cruelty, domestic violence, dowry-related cruelty, individual criminal responsibility and matrimonial autonomy. The paper also considers the significance of socio-economic status, education, rural-urban location and economic dependence in determining women’s ability to resist abuse and access legal remedies.

Recent developments, including the Supreme Court’s 2025 decision in Janshruti (People’s Voice) vs. Union of India concerning the constitutional challenge to the cruelty provision and its 2025 decision in Shaurabh Kumar Tripathi vs. Vidhi Rawal concerning proceedings under the Domestic Violence Act, demonstrate the continuing tension between protection, procedural fairness and access to justice. The paper argues that substantive gender equality within marriage requires more than formal legal protection. It requires institutions capable of recognising diverse forms of cruelty, ensuring meaningful access to remedies, and responding to women as rights-bearing individuals rather than merely as participants in a matrimonial relationship.