Author: Vanshita Arora from Lloyd School of Law, Greater Noida
INTRODUCTION:
The moment we heard of word “Cruelty, Violence or Harassment” we suddenly thought of a woman facing harassment or cruelty. This is because our society as well as our legislation makers have pre conceived notions that women are subject to violence, harassment and cruelty by their maternal family.
But sadly this reality had changed over the times and man are also victims of cruelty by their wife and in-laws. From past few year number of false cases have been reported and number shoot from 2016to 2022 and various false cases under IPC, Dowry act and Domestic Violence Act has been becided by Supreme Court.
In recent days the Bengaluru engineer, Atul Subhas case again raised several questions and challenged the provisions of special laws made for the protection of Married women against violent act of Husband and his family member.
WHAT IS DOMESTIC VIOLENCE AND PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005?
Domestic violence is simply an act of Physical, Emotional, Verbal, Sexual and Economic abuse done within domestic relations like family members.
In 2005, Parliament had passed Protection of Women from Domestic Violence Act, 2005 in order to protect women from violence of Husband or In-laws taking place within family for multiple reasons.
Section 3 of this Act defines the Domestic Violence according to Section 2(a) of this act, the aggrieved party is “any women” which means violent act can be done only with women. Also Section 2(q) defines respondent to be any adult male person. However SC in case of Hiralal P. Harsora V Kusum Narottamdas Harsora, AIR 2016, SC 4774 held that respondent can be “any person” which means violent act can be committed by both Man and Women.
WHAT IS DOWRY AND DOWRY PROHIBITION ACT, 1961?
Basically, Dowry is any sum of money or valuable property demanded sby one party to marriage from another party to marriage. In India, Dowry is generally demanded by family of bridegroom from family of bride.
In year 1961, Legislature had passed Dowry Prohibition Act for the protection of women against act of Husband and his member for the want of dowry.
The act of giving or taking Dowry is considered to be illegal and is punishable by Dowry Prohibition Act, 1961. According to Section 4, exchange of Dowry is punishable with imprisonment of 6 months to 2 years and fine upto Rs 10,000.
OTHER LAWS FOR PROTECTION OF WOMEN IN INDIA?
Apart from these specific laws passed in recent times there are general provisions in Indian Penal Code, 1860. Section 498A of IPC which is now Section 85 of BNS penalise husband and his family for any cruelty done with wife. Also Section 304B of IPC now replaced by Section 80 of BNS provides provision for Dowry Death where Husband is imprisoned for a period of 7 years if Women dies within 7 years with bodily injury or cruelty for the purpose of Dowry.
WHY PROHIBITION OF DOWRY ACT AND PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE WAS PASSED?
Since History, Dowry is one of the practice performed in marriages. Though this practice is illegal in India the family of Bridegroom take it as their Right to receive Dowry from family of Bride.
In order to protect women from the assault of bridegroom or his family, Legislature had enacted act in year 1961 to prevent married women from any assault or cruelty for dowry.
Also to protect married women or women in live in relationship, an Act Prevention of Women from Domestic Violence was passed in 2005. This act extend protection against the violent act of Husband or in-laws. Domestic Violence may be done for the purpose of dowry or for any other domestic reason.
DRAWBACK OR LOOPHOLES OF LAWS MADE FOR PROTECTION OF WOMEN
In light of worsening condition of women of early society, protection laws have been made by legislature for them. In early society, women were regarded as chattel of Husband and his family and were treated in degraded manner by them.
With the passage of time, women became educated and dependent and their position in society also improved. However these laws continued to be same and always continued to be in favour of women.
These laws which were made at times for their protection were misused by them against the Husband and their families. No Reform or action has been actively taken ever for the false complaint and misuse of Justice system done by Married women.
WHY REFORMS ARE NEEDED IN PROTECTION LAWS:
False cases have been reported by women and their family for Dowry and Domestic Violence. According to Reports of National Crime Record Bureau (NCRB) out of 487482 cases filed by women in year 2016 for Dowry and Domestic Violence 24620 i.e. 4.95% were found to be false and this percentage had increased to 5.65% in year 2022 where 36715 cases out of 650033 were found to be falsely reported and out of 650033 cases 195393 were against the Husband and their family and 7076 i.e. 3.62% were found to be falsely reported by wife.
Section 498A is extorbitantly used by married women against their Husband and families for fulfilment of their unwanted demands by husband or against any other minor domestic isues.
All special laws which have been made from time to time by Legislature for protection of women had made with assumption of Victim always being Female or Wife and Accused always being Male of Husband and his family. However this assumption cannot be universal and Laws cannot be made only with this limited assumption and mind set of Legislature.
These type of special law which makes a distinction between the gender of Victim violated the provision of Article 14 and 21 of Constitution of India. Since such distinction is Arbitrary and had not intelligible differentia and had not rational nexus between differentia and object of law.
FALSE CASES MADE BY WOMEN AGAINST HUSBAND AND HIS FAMILIES:
Recently 24 pages of Suicide note and 90 minutes of suicide video of Atul Subhash had shaken the conscience of whole India. Where AI Engineer had committed suicide because of 9 false cases filed against him by his wife Nikita Singhania and her mother and brother. These cases falsely implicate the charges of Dowry and Domestic violence against deceased and his family members.
Public Interest Litigation (PIL) has been filed before Supreme Court in light of Need of Reforms in Dowry and Domestic violence laws. Not only these special laws need reform but also Section 80 and 84 of BNS need to be altered and be made equally available to both Husband and Wife.
Prior to Atul Subhash Case Supreme Court in 2024 had decided the case of Achin Gupta V state of Haryana where wife of Achin Gupta had made a false complaint of Dowry demand and Physical abuse against Achin Gupta and his family members. However because of vague and false allegations Court held the judgment in favour of Achin Gupta to protect him from harassment caused to him and his family because of false allegations of Dowry and cruelty by his wife.
In another case of Preeti Gupta V State of Jharkhand, the complainant filed false complaint against husband, mother-in-law, father-in-law, brother-in-law and married sister-in-law for dowry and domestic violence. Where the Husband and wife stays in Mumbai and family is settled in Ranchi. Supreme Court in this case held that when family of husband is not residing with complainant then complaint against then would be false as there is no evidence of cruelty or harassment by family members.
This year Justice B.V. Nagarathna and Justice Nongmeikapam Kotiswar Singh, Judges of Hon’ble Supreme Court quash false dowry case filed by wife against husband and his family under Section 498A of Indian Penal Code.
In year 2014, Supreme Court in the case of Arnesh Kumar V State of Bihar had laid down the guidelines for arrest of husband in Dowry cases. Arrest cannot be made on made on Arbitrary or indiscriminatory reason made by wife before police. Magistrate must be satisfied by the reasons given by wife in police report.
CONCLUSION:
In India Special laws made by Parliament from time to time fails to deliver justice as these laws are gender biased or are women friendly laws. The limited assumption that everytime women being victim is not always true.
Not only Dowry or Domestic violence law but every law passed is India is more of women friendly and hardly extend any protection to Man. The primary reason for this could be the thinking of our society that man cannot face violence or harassment. They have dominating position in house and over their wife.
Thus in order to ensure that fundamental rights of citizen under Article 14 and 21 are protected and laws which are made for protection should and must be used form protection only, there is high need to reform the provisions of gender biased laws.
Frequently Asked Questions:
1. Punishment for filing wrong case of Domestic violence?
Any person filing false case of Domestic violence is punishable under section 182 of Indian penal code.
2.How many domestic violence cases are found to be false?
Approximately 2-10% of reported cases are found to be falsely implicated by wife on husband.
3. Can husband and his family be victim of Domestic violence and harassment?
Obviously, any one, wife or husband and families of both husband and wife, can be victim of domestic violence.
4. Does Indian law need reformation?
Yes all Indian laws which were earlier made for protection against any particular gender need to be reformed and be made gender neutral laws
REFERENCE:
Data/ Records taken from site of NCRB
