Author: Haripriya Rajendra Tiwari (Reshma), Adv. Balasaheb Apte College of Law
The Arc of Protection to Prejudice
Since the dawn of civilisation, women have been subjected to centuries of social, cultural, and legal oppression — from being treated as property in ancient civilisations to being denied the right to education, inheritance, and dignity. In early Vedic society, women were respected, but over time, particularly during the post-Vedic and feudal periods, their status drastically declined.
With the advent of modernity and especially post-Independence India, the Constitution of India guaranteed equality to all genders. Recognising the generational injustices, gender-specific laws were introduced to protect women from domestic violence, dowry deaths, workplace harassment, and sexual abuse. For decades, these laws acted as corrective mechanisms to balance centuries of discrimination.
But somewhere along the way, in seeking to protect one gender, the law began presuming guilt upon the other. The judicial system, in certain areas, started treating accused men as automatic culprits, especially in matrimonial and sexual offence cases, where the burden of proof shifted implicitly onto the male.
“Empowerment should uplift, not override justice.”
FROM PROTECTION TO PRESUMPTION: WHEN SAFETY IS WEAPONISED
The issue isn’t the creation of protective laws for women — it’s the lack of safeguards against their misuse, and the absence of parallel protection for men, even when equally vulnerable.
Here are some laws that reflect gender exclusivity:
🔹 1. Section 498A, IPC – Cruelty by husband or relatives of the husband
-Made to prevent dowry deaths, it is non-bailable and cognizable.
-No preliminary inquiry is required.
-Men are arrested solely on the basis of a woman’s complaint.
-The Supreme Court in Arnesh Kumar v. State of Bihar (2014) noted rampant misuse.
🔹 2. Protection of Women from Domestic Violence Act, 2005
-Applies only to women.
-Offers rights to residence, maintenance, and protection orders.
-No legal provision for male victims of domestic violence, despite rising numbers.
🔹 3. Section 375 & 376 IPC – Rape Laws
-Recognises only women as victims and men as perpetrators.
-Even in consensual relationships, men have been booked under false promises of marriage.
🔹 4. Sexual Harassment of Women at Workplace Act, 2013
-Safeguards only female employees.
-No redressal for male or LGBTQIA+ individuals facing similar abuse.
In all these laws, men have no legal standing as victims, despite empirical and anecdotal evidence of suffering. Equality, as enshrined under Article 14 of the Constitution, demands that laws must be just, fair, and reasonable, not gender skewed.
🟥 FALSE RAPE CASES: THE UNWRITTEN TRAUMA OF THE ACCUSED
False allegations of rape have a devastating impact on the accused, often irreparable, even if acquitted years later.
In Lalita Kumari v. Government of UP (2014), the Supreme Court held that registration of an FIR is mandatory in cognizable offences, making it easy for frivolous or malicious accusations to reach police records without scrutiny.
According to the Delhi Commission of Women’s (DCW) report (2014):
Over 53% rape cases in Delhi were found to be false or had no evidence.
Motives ranged from personal vendetta, breakup revenge, to property disputes.
These false accusations not only undermine real victims of sexual violence but also destroy the lives of innocent men who are socially lynched, professionally ruined, and emotionally crushed.
OTHER:
1. Atul Subhash case
In December 2024, Bengaluru tech professional Atul Subhash tragically died by suicide after leaving behind a 24-page note and an 80‑minute video alleging severe harassment and extortion by his estranged wife Nikita Singhania and her family—he claimed they demanded ₹3 crore and used multiple legal cases to harass him
. Following his death, Bengaluru police arrested Nikita, her mother Nisha, and brother Anurag on abetment charges; they were remanded to judicial custody and later released on bail in early January 2025, though the probe and legal battles continue, including a custody dispute over their son
.
2. Raja Raghuwanshi case
On May 23, 2025, Indore-based businessman Raja Raghuwanshi vanished with his newlywed wife Sonam during their honeymoon in Meghalaya; his body was recovered from a gorge on June 2, and police quickly launched a murder investigation. Sonam was arrested on conspiracy charges, accused of hiring hitmen—allegedly with the help of her lover, family friend Raj Kushwaha, who worked at her brother’s factory—and is now the prime accused. Brother-in-law Raj Kushwaha is also implicated amid conflicting familial statements, while Raja’s own family has demanded narco tests and even the death penalty. Sonam reportedly confessed to involvement during police questioning, and the investigation remains active
⚖️ THE CASE FOR GENDER-NEUTRAL LAWS
Justice cannot be truly blind if it wears feminist-tinted glasses. Laws should not reflect patriarchy, but neither should they promote legal matriarchy.
Reforms Needed:
-Gender-Neutral Definitions in rape, domestic violence, and harassment laws.
-Punishment for false complaints under Sections 182 and 211 IPC, with real implementation.
-Legal Aid & Counselling for male victims of violence or false cases.
-Parental Equality in custody battles — not automatic maternal preference.
-Data Transparency: The Government must maintain gender-neutral victim statistics.
If dowry is considered unlawful because it places an unjust financial burden on the bride’s family, then how is alimony, often imposed solely on the husband regardless of fault or the wife’s financial status, seen as acceptable or even honourable? Both involve the transfer of money due to a marital relationship, yet one is labelled as criminal extortion, while the other is seen as legal justice. This double standard raises a critical question: if marriage is a partnership of equals, why is financial responsibility gendered? In an era of gender equality, alimony should be based on genuine need, not outdated assumptions; otherwise, it risks becoming a state-sanctioned dowry in disguise. Equality before the law must mean no exploitation, regardless of gender or label.
CONCLUSION: JUSTICE MUST HAVE EARS, NOT EYES
The idea of justice is not about favouring the historically oppressed, nor punishing the historically dominant. It is about assessing each case individually, based on facts, evidence, and fairness, not stereotypes.
If the law punishes the innocent simply because of their gender, it commits the very injustice it was created to fight. Today, many innocent men are punished without trial, not because they are guilty, but because they are male.
It’s time we accept that the opposite of patriarchy is not matriarchy, nor feminism as revenge — it is equality. True justice doesn’t discriminate. It listens.
Let our legal system not write eulogies like Subhash’s. Let it uphold what our Constitution promised — equal protection of the law for all genders.
FAQS
🔹 Q1: Are Indian laws really biased towards women, or is this just a perception?
Answer:
While Indian laws were historically designed to protect women from systemic abuse, some of them, especially laws like Section 498A of the IPC and certain provisions under the Domestic Violence Act, have been criticised for being misused. The perception of bias arises not from the intent of the law, but from its implementation, where men sometimes face arrest or social stigma without preliminary investigation.
🔹 Q2: Why were gender-specific laws created in the first place?
Answer:
Gender-specific laws were introduced as a corrective measure against centuries of violence, dowry deaths, and systemic oppression of women in India. These laws aimed to empower women and provide them with legal recourse in cases of domestic violence, harassment, and discrimination.
🔹 Q3: What are the common laws seen as being misused?
Answer:
Some of the most debated laws include:
Section 498A IPC – Cruelty by husband or his relatives
Protection of Women from Domestic Violence Act, 2005
Sexual Harassment of Women at Workplace Act, 2013
While effective in genuine cases, false or exaggerated complaints under these provisions have drawn judicial concern.
🔹 Q4: Are there any safeguards for men in these laws?
Answer:
Very few. Most of these laws are one-sided, favouring the woman as the presumed victim. Though the courts have started recognising misuse, and have issued guidelines to prevent arbitrary arrests, the statutory language of these laws still lacks gender neutrality or specific protections for men.
🔹 Q5: Has the judiciary acknowledged the misuse of such laws?
Answer:
Yes. The Supreme Court of India in several judgments, including Rajesh Sharma v. State of U.P. (2017), has recognised that Section 498A is often misused as a tool of harassment. The Court even recommended setting up Family Welfare Committees to examine complaints before arresting the accused.
🔹 Q6: Are there any laws in India that protect men from domestic violence or abuse?
Answer:
Currently, there is no dedicated law that protects men from domestic abuse in India. Men can only rely on general provisions under the IPC such as defamation, extortion, or criminal intimidation, which may not fully address emotional or psychological abuse.
REFERENCES
Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.
Lalita Kumari v. Govt. of UP, (2014) 2 SCC 1.
National Crime Records Bureau (NCRB), “Crime in India Report 2021”, Ministry of Home Affairs.
Delhi Commission for Women (DCW), Annual Report 2014.
“False Rape Cases Are Ruining Lives”, India Today, 2022.
