Author : Abinaya Raja , Chennai Dr. Ambedkar Government Law College, Pudupakkam
To the point
India has been following a patriarchal marriage system throughout history. It shows us the male dominance persisting in Indian society. It is true that women have been subjected to cruelty by their partner and his family in their marriage life for many years. After 1947, in the post-independence period many legislative measures have been taken in India to protect from being subjected to cruelty by men,key personal laws in India governing marriage and related issues include the Hindu Marriage Act of 1955, the Special Marriage Act of 1956, the Dowry Prohibition Act of 1961, and the Protection of Women from Domestic Violence Act of 2005, among others.These legislative measures considerably protect women from abuse till today. There is no objection to that , absolutely these measures are essential for the empowerment of women in the society. But now we’re in the 21st century, where not only women but also men face abuse both mental and physical , cruelty and undergo various other problems similar to women. But the legislative measures for the protection of men is always a question mark.This article aims to highlight the misuse of women-centric laws by women and their families, which ultimately leads to the abuse of men.
Use of Legal Jargon
Article 14 of Indian Constitution implies that every Indian citizen has the right to equality whereas Article 15(3) of Indian Constitution enables the government to make special provision for women and children but not for men.
Section 85 of Bharatiya Nyaya Sanhita, 2023 defines cruelty but only that done to women by men but it does not include cruelty done to men and women.
Section 63 of Bharatiya Nyaya Sanhita, 2023 provides that only men can commit rape on women but it is also possible for women to commit rape on men. In India there is no legal provision for rape committed on men by women
Even in maintenance laws during divorce Section 144 of Bharatiya Nagarik Suraksha Sanhita, 2023 talks about the maintenance to be provided for women, child and parents but not for men. Most of the time these maintenance laws are misused by women and their families for economic gain.
Section 8A of the Dowry Prohibition Act, 1961, essentially shifts the burden of proof onto the man accused in a dowry-related case, requiring him to establish that he is not guilty of the alleged offence.This legal presumption, though intended to strengthen protections against dowry-related offenses, may inadvertently subject innocent individuals to psychological distress when misused through unfounded accusations aimed at tarnishing reputation.
The Proof
In recent years, number of fake cases regarding rape , sexual abuse, molestation are 7.23% (according to the report of NCRB) , It shows that some innocent men are falsely accused. It creates mental sufferings to men , there was no proper legislation for men to be protected from this kind of misuse of laws by women.
It was said that 60-70% of dowry harassment cases are falsely fabricated by the woman and her family with the intention to defame or to get economic gain etc.
Like this many false cases have been registered in India till today and many men are arrested without proper investigation , it creates more suffering among innocent men.It was always told that women are always more sensitive than men , so they more protections by law but the report shows that the suicide percentage of men are relatively 2.5% higher than of women. It is true that women are subjected to more cruelty and sufferings for more than 100 years. It cannot be denied nowadays, men are also being subjected to all sufferings such as cruelty, rape, sexual assault etc. most of the men doesn’t even open up about their sufferings because of the fear of being joked. In this fast moving world all the genders including men, transgenders, LGBTQ Community people also face all the problems similar to women. We don’t have any separate laws for their protection.
The suicide of Atul Subash , a 27 year old man who was subjected to false accusations regarding dowry harassment by his wife. This case made the entire India think about the misuse of laws created to protect women . But there seems to be no change in the laws for protecting men from these kinds of problems that affect their social status, economic status, physical and mental conditions.
Law should always be just, fair, and reasonable to all citizens irrespective of gender, class, caste, race or anything. The core purpose of the law is to ensure protection and justice for everyone, not solely for women.
Abstract
Nowadays there is a growing tendency of laws being misused which are aimed at protecting women against innocent men. Traditionally, it was said that women are always only victims of rape, cruelty, and abuse. But it was not true in present days, nowadays men can also be victims of rape, cruelty and abuse.This study aims to highlight need of protective legislations for men. In recent years many men have been accused of false allegations regarding harassment against women. Most of the cases are filed with ill motives.
This article intends to explore the growing trend of misuse, its impact on the legal system, and the need for safeguards to ensure justice for genuine victims and the falsely accused.
Case Laws
Rajesh Sharma v. State of Uttar Pradesh(2017)
In the case of Rajesh Sharma v. State of Uttar Pradesh , the Supreme court of India issued some guidelines regarding the arrest of family members in the dowry harassment case. The court ordered to establish a Family Welfare Committee to prepare a report regarding any dowry harassment accusation. The Court seeks to prevent automatic arrests in such cases. Also the court mandates proper investigation in dowry harassment cases. But this judgement has been overruled by a subsequent Supreme Court Judgement.
Arnesh Kumar v. State of Bihar(2014)
The case of Arnesh Kumar v. State of Bihar brought about a significant change concerning arrests under Section 498A of the Indian Penal Code (now repealed), which dealt with cruelty by a husband or his family toward a married woman. The Supreme Court addressed the issue of indiscriminate and automatic arrests based solely on allegations under this section. It ruled that, particularly in cases where the alleged offence carries a punishment of less than seven years, police must demonstrate valid grounds and necessity before making an arrest. This directive was aimed at curbing unnecessary and mechanical arrests in such cases.
Saritha v. R. Ramachandran (2002)
In this case The Andhra Pradesh High Court dismissed granting divorce, where a married woman couldn’t prove her allegations on her husband.The court suggested the law commision and the parliament either to continue the section 498A of IPC, or to make the offence non cognizable and bailable so that innocent men will be considerably protected from the misuse of laws ill-educated women and their parents.
Dr.N.G.Dastane v. V.S.Dastane (1975)
In the case of Dr. N.G. Dastane v. S. Dastane, the Supreme Court acknowledged that while there is often a general belief that physical abuse typically occurs from the stronger spouse—commonly the husband toward the wife—this isn’t the only form of cruelty in a marriage. The Court emphasized that both men and women can be emotionally or mentally cruel to one another, highlighting that cruelty isn’t limited by gender or physical strength, but can manifest through psychological and emotional behavior as well.
Sejalben Tejasbhai Chovatiya vs. State of Gujarat(2017)
In this case, the court observed that the petitioner, the wife, was receiving adequate income through a fixed deposit, but she failed to present this information as evidence. Instead, she falsely claimed to have no source of income. As a result, the court initiated proceedings against her under Section 195 in conjunction with Section 340 of the Criminal Procedure Code. The court expressed concern that legal provisions intended to support women are sometimes misused by providing false evidence.As a result, the wife’s petition was eventually rejected.
Conclusion
Nobody can say that no women in India at present are subjected to cruelty, sexual assault, dowry harassment because till today these all happens to women in India. This is what we all know but what many of us don’t know is that men are also subjected to all of these problems about which nobody talks. Indian Law generally considers that only women are victims of certain offences but that is not true. Offences do not consider gender differences . Men also can be victims whereas women also can be offenders. Of Course we essentially need laws to protect and empower women but we should also consider protecting men through legislative measures. What I suggest is that in order to protect men from false allegations by women with ill motives , the legislature should consider making provisions in the women-centric laws for strict punishments for misuse of those laws. These women-centric laws should be structured in a way that prevents their misuse, thereby protecting innocent men from undue harm.All should be treated equally before the law and no one should suffer just because of their gender.
FAQs
1. What are women-centric laws in India?
These laws are specifically enacted to ensure the protection of women from violence, mistreatment, and inequality in various spheres of life.Examples include Section 498A IPC, the Domestic Violence Act, 2005, and the Sexual Harassment at Workplace Act, 2013
2.What does it mean when women-centric laws are misused?
Misuse refers to the filing of false or exaggerated complaints under these laws with malicious intent, often leading to harassment of the accused and unnecessary legal burden.
3. Which law is most commonly reported as being misused?
Section 498A of the Indian Penal Code, which addresses cruelty by a husband or his relatives toward a wife, has often been cited by the judiciary as one of the most frequently misused legal provisions. Multiple court rulings have acknowledged concerns about its misuse, particularly in the context of false or exaggerated allegations leading to unwarranted arrests.
4. What can be done to reduce misuse without weakening the law?
Solutions include stricter preliminary investigations, penalizing false complaints, gender-sensitization of the police, and making legal procedures more transparent and accountable.
5. Does acknowledging misuse mean these laws should be repealed?
No. These laws are vital for protecting women’s rights. The focus should be on reforming procedures to prevent misuse while keeping the protective intent intact.
