Open Access Research Article
"FEMINISM OR FOLLY”? EXPLORING THE ECCENTRICITIES OF MISUSED GENDER LAWS"
Published Paper
Article Details
"FEMINISM OR FOLLY”?
EXPLORING THE ECCENTRICITIES OF
MISUSED GENDER LAWS"
AUTHORED BY - AKSHITA JAIN
BHARATI VIDYAPEETH INSTITUTE OF MANAGEMENT
AND RESEARCH
ABSTRACT
This document explores the intricate
and frequently debated field of gender legislation, concentrating on situations
where these laws might be abused or taken advantage of, straying from their
original goal of fostering equality and fairness. It thoroughly analyzes
particular cases and legal structures to identify recurring patterns of abuse,
especially within feminist movements. By adopting a comprehensive method that
combines legal analysis, feminist theory, and sociological viewpoints, the
study sheds light on the complex relationship between authentic feminist goals
and the possibility of legal measures being exploited. The document contends
that although gender legislation is essential for tackling systemic
disparities, there are moments when it can be hijacked, resulting in results
that might detract from the wider goals of gender justice. In essence, this
research aims to add to the ongoing conversation on gender equality,
highlighting the importance of caution and critical evaluation in the application
and understanding of laws related to gender. The study underscores that specific laws, although
designed with good intentions, can be exploited in manners that deviate from
their initial goals. This involves situations in which people or organizations
take advantage of legal rights for their own benefit or to resolve personal
grudges, thereby making the legal environment and the way the public views
gender legislation more complicated. Through examining these examples, the
study seeks to shed light on the intricate challenge of enforcing gender laws
while also protecting them from being misused.
KEYWORDS:
Gender laws, Feminist advocacy, Legal misuse, Sociological perspectives, Legal
protection.
INTRODUCTION
Gender laws are a vital part of
modern governance that seeks to ensure equality and justice among all
individuals irrespective of gender. Gender laws cover a broad spectrum of
issues, such as employment, education and reproductive rights, as well as
protection from discrimination, violence and other forms of violence. Gender
laws are rooted in human rights principles and social justice. They play an
important role in the lives of people and communities all over the world. The
purpose of gender laws is to address the historical and systemic inequality that
has marginalized and disadvantaged groups based on sex identity or expression
throughout history. Patriarchy and social norms have led to discrimination,
exclusion and violence against women and gender minority groups. Gender laws
serve as tools of change, offering legal protection and remedies to address
gender-based inequalities. Feminism has been at the vanguard of the movement to
create, reform and implement gender laws. After centuries of suppression and
marginalization, feminist movements challenged the established order, demanding
the recognition of women’s rights and the abolition of gender discrimination.
From the suffragettes of the late nineteenth century and early twentieth
century to the intersectional feminism of the 21st century, feminist movements
mobilized people and communities to demand legislative reforms and social
transformation.
The feminist movements have had a
profound impact on legal frameworks, advancing gender equality legislation
around the world. Through grass-roots organizing, advocacy, and legal advocacy,
feminists have compelled politicians to adopt legislation that promotes gender
equity, protects against gender-based violence, and eliminates discriminatory
practices.
Feminism has not only changed legal
frameworks, but has also contributed to wider cultural shifts toward gender
equality and social justice. misuse refers to the wrongful or improper
application or exploitation of laws, regulations, or legal procedures for
purposes other than those intended by the legislature or governing authority.
Misuse can manifest in various ways, such as false accusations, abuse of legal
processes, extortion, fabricating evidence, violating legal rights, malicious
prosecution, perjury, and misrepresentation.
False accusations entail knowingly
accusing someone of a crime or wrongdoing that is untrue, often motivated by
personal gain or to cause harm to the accused. Abuse of legal processes
involves manipulating legal procedures, like filing frivolous lawsuits or using
legal threats to intimidate others. Extortion occurs when threats of false
accusations or legal action are made to extract monetary payments or
concessions.
Fabricating evidence involves
presenting false or misleading evidence or testimony in legal proceedings to
deceive the court or gain an unfair advantage. Violating legal rights
encompasses unlawfully accessing confidential information, breaching privacy
laws, or violating contracts. Malicious prosecution refers to initiating legal
proceedings against someone without probable cause, solely to harass or
maliciously injure them.
Perjury involves providing false
information under oath during legal proceedings, while misrepresentation
entails providing false or misleading information to authorities or other
parties involved in legal matters. Misuse of legal processes undermines the
integrity of the legal system, obstructs justice, and can cause significant
harm to individuals and society. It is subject to legal sanctions, including
civil liability, criminal charges, and disciplinary actions.
SCOPE OF
STUDY
This legal essay addresses the fact
that laws are biased against women and how women abuse this protection to get
benefits and harass men. The law is biased in Favor of women, from reservations
to constitutional provisions. The research aims to address this issue by
enumerating some laws that are abused by women to ruin a man's career and life.
In addition to these laws, there are many other laws such as Rape, Harassment,
Fraud, and Defamation that are considered to be male-perpetrated, and there is
not enough evidence or judicial sanctions to change this view. The research
examines the misuse of legal protection given to women by the following legal
provisions: Section 498A of the Indian Penal Code (IPC), Dowry Prohibition Act (1961),
Protection of Women (DOMA) from Domestic Violence Act (2005) (MTA) 1971, and
what the Judiciary should do to counter the misuse of these legal provisions.
THE
EVOLUTION OF GENDER LAWS
Gender discrimination has a long
history and is rooted in social norms, cultural practices and institutional
biases. Women have been subject to systematic discrimination in education,
employment, political life, and family roles throughout history. Legal
approaches to gender discrimination have developed over time, reflecting
evolving social views and political movements promoting equality between men
and women. There are various forms and levels of gender bias and inequalities
in society. These inequalities have existed for centuries and have prompted
countries around the world to create laws to eliminate these inequalities
through affirmative action policies and positive discrimination.
These inequalities exist in the
workplace, at home, in health and education, in property rights, during
marriage, in business, in credit, and in many other areas. The way to eliminate
these inequalities and level the playing field was to provide legal protection
to women. However, the path was not easy as women's lives were largely
dominated by men (to a large extent until now) who sought to keep them
subservient. One of the first well-known women's rights movements was probably
the Shakers. The Shakers were an evangelical group who believed in the
separation of the sexes. They believed in celibacy for men and segregation for
women. This movement came to the United States in the 2nd half of the 19th
century and made gender equality a reality. After World War II, gender equality
movements gained momentum. The UN and other international organizations adopted
several conventions promoting gender equality.
During the British rule in India,
women's empowerment and advancement began. Initially, the British did not want
to interfere with social and religious practices of the various religious
communities. However, some social reformers, such as Rama Mohan Roy, Eshwar
Chandrasekhar, and Yashwantrao Phule, fought for women's rights and their
education. They tried to eliminate Sati (the practice of widows immolating
their husbands), allow widows to remarry, prohibit child marriages, and reduce
the illiteracy rate among women.
FEMINIST
ACTIVISM
Feminism is a powerful force in the
fight for gender equality. It is rooted in a long history of challenging
patriarchy and systemic injustice. Feminist movements have inspired change
through grass-roots mobilization, advocacy, and cultural resilience. By challenging
power dynamics and raising the voices of marginalized people, feminist
activists catalyse social change, disrupt inequalities, and envision more
equitable and inclusive future.
Feminism is at its core about raising
awareness and understanding of gender discrimination. Through education, public
speaking, and media advocacy, feminist activists deconstruct stereotypes,
challenge dominant narratives, and encourage critical reflection on gender
norms, power structures, and intersectional oppression and privilege. By
shining the light on the lives of women and sex minorities, feminist activists
pave the way for solidarity and resistance. One of the most important aspects
of feminist advocacy is its work on legislative and policy reforms to promote
gender equality and protect women’s rights. Feminist activists lobby for equal
pay for women and reproductive rights, as well as for laws against gender-based
violence and discrimination. They push politicians to pass laws that reflect
the values of justice, equality and human rights. Through strategic advocacy
and coalition building, feminist movements influence the legal and governance
structures that shape society. At the grass-roots level, feminist activists
mobilize and build communities that empower people to challenge oppression and
bring about social change. By creating spaces of solidarity, support and
collective action, feminist activists amplify marginalized voices and promote
inclusive and participatory gender justice movements. By bringing together those
most affected by systemic inequality, feminist activism fosters a culture of
resistance, challenging the status quo and building momentum for lasting social
change.
LEGAL
PROVISION FOR PROTECTION OF WOMEN AND THEIR MISUSE
SECTION 498A OF INDIAN PENAL CODE
1860
Section 498A is a criminal law in
India. It was introduced in 1983 by the Indian Parliament. The section of
section 498A of Indian Penal Code 1860 provides that if a woman is subjected to
cruelty by her husband or by a relative of her husband, the husband or relative
of the woman will be sentenced to imprisonment for a term of up to 3 years, and
may also be fined.
Section 498a is one of the biggest
safeguards for Violence against Women. It reflects the reality of domestic
violence within the home.
DOWRY PROHIBITION ACT,1961
The dowry prohibition act was passed
on May 1st, 1961. The purpose of the law is to prevent the giving or receiving
of any kind of dowry in India. The term "dowry" is used to describe
any property, goods or money given by either party to the marriage. It can also
be given by parents of either party or any other person involved in the
wedding. The law applies to everyone regardless of their caste or religion.
DOMESTIC VIOLENCE ACT,2005
The PROTECTION OF WOMEN FROM DOMESTIC
VIOLENCE ACT, 2005 was passed by the Parliament with the aim of safeguarding
the rights of all women who have been victims of any form of violence within
the family. This Act guarantees a woman's right to stay in her marital home. It
applies to all women who are mother, sister, wife, widow, or partner living in
a common household. Furthermore, the court can issue security orders to prevent
the abuser from victimizing a woman by doing so at her place of work.
Protection of WOMEN from DOMESTIC
VICTIMSHIP ACT, 2005 ensures women's right to safe and secure housing. This Act
is one of the most important and revolutionary acts in the history of India.
MEDICAL TERMINATION OF PREGNANCY
ACT,1971
In order to make abortion safer and
more accessible to women, India has recently amended its Medical Termination of
Pregnancy Act (MTP Act) in order to provide comprehensive reproductive health
services to all. The MTP Act was passed in 1971 as a result of advances in
medical science. In order to make abortion more accessible to all, India has
amended its MTP Act (MTP) in 2021 to provide comprehensive abortion care for
all. This new law expands the scope of abortion services that can be provided
to all women, including those that are medically necessary and those that are
medically unnecessary. The new law is intended to make abortion safe and legal
for all women, regardless of their medical condition. The Delhi High Court
allowed a woman to terminate her pregnancy after 22 weeks of pregnancy due to
multiple abnormalities in the foetus. The term “gestation” refers to the period
of development of a fetus from conception to birth. In India, the MTP Act
limits the gestation period to 20 weeks, after which abortion of the foetus is
prohibited.
MISUSE OF
WOMEN- CENTRIC LAWS
False Allegations
False accusations, often made for
personal or political reasons, can have serious consequences for the accused.
They can damage their reputation, cause emotional distress, and even lead to
financial hardship. Furthermore, false allegations can divert attention and
resources from real cases of abuse, preventing legitimate victims from
receiving meaningful support and redress. In domestic violence cases, false
accusations can further strain families, foster mistrust, and impede reconciliation.
To address false accusations, it is important to take a balanced approach that
protects the rights of real victims while also protecting the integrity of
legal provisions. This includes preventing false reporting, raising awareness
of the consequences of making a false accusation, and ensuring due process for
both the accused and the accused.
Extortion and Coercion
Using women-centric laws as a means
to extort money, property, or concessions from the accused is not only
unethical, but it is also damaging to the integrity of our legal system. People
who use these tactics use the fear of legal consequences to coerce the accused
into complying, regardless of the truth of the allegations. Not only does this
form of coercion put the accused under undue pressure, but it also creates a
culture of abuse and exploitation. The misuse of women’s-centric laws for
blackmail damages the credibility of those legal frameworks and undermines
public confidence in their effectiveness. Real cases of domestic violence and
dowry harassment can be clouded by false or exaggerated accusations motivated
by greed or personal grudges.
Retaliation and Revenge
Women-centric laws are often abused
as a tool to retaliate or retaliate in personal or family conflicts. The
consequences of this abuse can be far-reaching and life-threatening.Not only
does the misuse of a women-centric law damage the reputation of those accused,
but it also creates a cycle of family and community conflict. False allegations
aimed at discrediting the accused can cause irreparable harm to their
professional and personal lives, leading to emotional distress, ostracization,
and financial loss.The abuse of women’s-centric laws to retaliate or retaliate
harms the credibility of real cases of abuse, and undermines public confidence
in the justice system.
Misuse in Divorce Proceedings
The abuse of women-centred laws in
divorce and separation proceedings is a disturbing trend that harms the
fairness and justice of family law. For example, people may use false
allegations of domestic abuse or cruelty as a way to manipulate the court to
make a decision in Favor of their spouse. By falsely accusing your spouse of
abusing you, you may be able to manipulate the court’s sympathy, damage your
spouse’s reputation, and get favourable outcomes in matters of custody or
financial settlement. Not only does this damage the integrity of your legal
proceedings, but it also creates a culture of deception and manipulation within
your legal system. When legitimate victims of domestic violence seek justice,
they are often drowned out by false allegations.
Misinterpretation of Normal Marital
Conflicts
This concern about normal marital
conflicts being misinterpreted within the framework of women-centred laws is a
complex issue that requires careful consideration. While it is true that normal
marital disagreements or disputes can sometimes be misinterpreted or
misinterpreted as an act of domestic violence, cruelty, or abuse, it is
important to approach this issue with sensitivity and understanding of the
complexities. Many times, misunderstandings about normal marital conflicts are
caused by a lack of knowledge or understanding of healthy marital dynamics. A
couple may have disagreements or tensions in the course of their day-to-day
lives, such as over money, parenting, child care, or household duties. These
disagreements are a normal part of a relationship and don’t necessarily mean
abuse or maltreatment.
Pressure Tactics in Child Custody
Battles
Women-centric laws are often used as
a pressure tactic in family disputes. While it’s true that these laws are
intended to protect women’s rights and address gender inequality, it’s
important to understand the wider context in which these laws operate.First, it
is important to recognize that women have traditionally been disadvantaged in
terms of property and inheritance rights in many societies. Women-centric laws
are designed to correct these inequities and ensure equal treatment and
opportunity for women. However, as with any legal framework, there is a risk that
women-centric laws may be abused for personal gain or used as a lever in family
disputes. Threatening to take legal action under a women-centric law as a form
of coercion or manipulation not only is unethical, but it also undermines the
purpose of the legislation. In order to address this issue, legal processes
should be fair, transparent and free of coercion or intimidation. Strengthen
safeguards against the misuse of legal threats.
ADVERSE
IMPACT OF MISUSE OF WOMEN CENTRIC LAWS
The misuse of women’s-centric laws
can have far-reaching negative consequences that go beyond individual cases,
affecting justice, relationships, mental health, diversion of resources,
suppression of reporting, and loss of confidence in the legal process.
Achieving justice, fairness and gender equality requires a coordinated effort
to prevent and discourage the abuse of legal provisions designed to protect
vulnerable people.
Undermining Justice and Fairness
The misuse of women’s centric laws
can have a real impact on fairness and justice. Women’s laws are essential to
protect women from violence and discrimination, but they can also be abused
through false allegations or manipulation. When women are falsely accused under
these laws, innocent people can face serious consequences, such as reputational
damage, loss of income, and even jail time. Not only does this hurt the
accused, but it also undermines the credibility of real cases of abuse, making
it more difficult for real victims to come forward. When a women-centric law is
abused, it can also damage trust in the entire legal system. People lose
confidence in the justice system, which can lead to scepticism and a reluctance
to report true cases of abuse, creating a vicious cycle where victims fear they
won’t be believed or face reprisals for speaking up.
Damage
to Reputations and Relationships
False allegations made under
women’s-centric laws can have a huge impact on the reputation and relations of
the accused. Even if the allegations are later proven to be false, they can
have serious social, emotional and economic repercussions. First, false
allegations can lead to social ostracism. The accused may feel stigmatized and
isolated in their community. Friends, colleagues and acquaintances may not
believe the accusations without questioning them. This lack of social support
can add to the emotional distress of the accused and can lead to feelings of
loneliness and hopelessness. Second, false accusations can affect the accused’s
employment and career prospects. The accused may lose their job or be suspended
from work because of the allegations, which can damage their professional
reputation and make it difficult to find a new job. This can have a huge
financial impact on the accused and their family.
Impact
on Mental and Emotional Well-being
To put it another way, falsely
accused under women’s-centric laws can wreak havoc on the psychological and
emotional health of the accused person. In cases of unjustified accusations,
such as allegations of domestic violence and dowry harassment, the stress and
anxiety of the accused person can be unbearable, as they fear social stigma,
legal consequences, and the loss of their relationships and livelihoods. Living
under the cloud of false allegations can make the accused person feel helpless
and hopeless, which adds to their feelings of isolation and hopelessness. The
stigma of being accused of gender-based violence or discrimination can also add
to the accused person’s emotional trauma, as they may feel ostracised by
society, judged unjustly, and unable to protect their reputation from the
damaging allegations. The accused person may experience feelings of injustice
and betrayal, which can lead to anger, resentment and profound sadness.
Diversion of Resources and Attention
Diversifying resources and attention due to false accusations and the
legal battles that ensue from the abuse of women-centred laws can have a
negative impact on efforts to combat gender-based violence. When resources like
time, money, and people are diverted to deal with false allegations and their
legal consequences, it can put pressure on organizations, police, and other
support services to respond to real cases of gender-based violence. Delays in
investigations, lack of support for victims and a lack of essential services
can result.
High-profile cases with false accusations can also draw attention away
from the fact that gender-based violence and discrimination is far more
widespread and serious. This can impede efforts to increase awareness, educate
people, and promote systemic change. When the focus is on disproving false
allegations, it can lead to the perpetuation of harmful stereotypes and
misperceptions about victims and offenders.
Deterrence of Reporting
The abuse of women’s-centric laws has the potential to discourage real
victims of domestic violence and dowry harassment from coming forward. False
accusations or a perception that the legal system is manipulated can create an environment
of fear and mistrust, which can discourage victims from seeking justice and
support. First, victims may fear that they will not be trusted or believed if
their abuser claims that the allegations are false, particularly if there is a
history of false accusations. This fear of being disbelieved can lead victims
to stay silent, isolating them further and perpetuating the cycle of violence.
Second, victims may fear retaliation from their abuser for reporting the abuse,
especially if they think the legal system won’t provide adequate protection.
This fear of retaliation can prevent victims from seeking help or support,
leaving them trapped in abusive situations and unable to access the help they
need to get out.
Erosion of Trust and Credibility
When women-centric laws are abused,
it erodes trust and credibility in the legal system that was created to protect
women’s rights. When laws are used to address gender-based violence and
discrimination, it erodes public trust in the effectiveness and integrity of
those laws. Women-centric laws were created to protect women from abuse and
discrimination, but when they are used for personal gain or for political gain,
it erodes their original purpose. Misuse leads to scepticism about the
credibility of claims made under women-centric laws, which in turn leads to
people questioning the credibility of actual cases. When people see
women-centric laws being used for personal gain instead of to address real
cases of gender-based violence or discrimination, they become cynical and lose
faith in the legal process.
JUDICIAL
RESPONSE TOWARDS MISUSE OF LEGAL PROTECTION
SAVITRI DEVI V. RAMESH CHAND
In the case Delhi high court observed
that section 498 A of IPC was created with good intentions, but their
implementation has had a detrimental effect. Women are increasingly turning to
their parents and other family members, including minors and school-aged
children, to get closer or further away relatives. In some cases, this can be
done against any member of the husband's family, regardless of whether they are
living in the same city, another city, or abroad, as well as any unmarried
sisters, brother-in-law, uncle, aunt, grandparent, or even more.
VISHNU TIWARI V. STATE OF UTTAR PRADESH
In its acquittal order for one
Vishnu, a Division Bench of Justice of Allahabad gave the order for release of
the accused. The order noted that the appeal had been made through jail, and
that the matter had remained unresolved for 16 years. The court noted that the
medical findings showed no evidence of sperm or forced intercourse, and that
the plaintiff had a motive for accusing the accused of rape, as she was
pregnant and said she had been thrashed. The court also noted that there was a
land dispute between the parties. It was also found that there were
discrepancies in the initial filing of the FIR. It was also found that the
false rape allegation was made on the ground that the police did not conduct a
proper investigation and rejected the allegation. The High Court said that
based on its earlier findings, there were some discrepancies in the victim's
and witnesses' statements. Since the High Court gave a severe reprimand to the
police and the State in its judgment, we cannot ignore that an innocent man
lost his life for 20 years for a crime he didn't commit.
RAJESH SHARMA V. STATE OF BIHAR
In this case, in order to ensure that
the innocent person, husband and their relatives are not harassed, the court
ordered the setting up of a ‘Family Welfare Committee’ to deal with the matter
under IPC Section 498A stating that no arrest will be made until the committee
provides justice to the complainant. The Supreme Court has recognised that the
provisions of Section 498a of IPC are misused. In this case, the Supreme Court
has directed the offences relating to offence of dowry. In this judgment, the
Supreme Court stated that the harassment and victimisation of husband and wife
can be prevented. Further, the purpose of the committee is to restore the human
rights of the innocent people.
MAULAVI HUSSEIN HAJI ABRAHAM UMARJI V. STATE OF GUJARAT
The court stated that it interprets
the law only and cannot make laws. When a law is constitutional, intra vires,
it does not mean that it can be used unjustifiably to make innocent people
undergo false attributions that will cause them great suffering. Until it
turned out to be acquittal, until then, the public humiliation the person had
suffered and the media brought him even more suffering. In some cases, it may
even lead to his death. Therefore, the legislature should take corrective
measures to prevent such false allegations on innocent people who are becoming
victims of frivolous person's malicious acts. Until then, the court works only
to the framework of law. The court further stated that it is a law to intend to
serve as a shield not as assassins. However, on the contrary, it was turned
into ‘legal terrorism’.
SUSHIL KUMAR SHARMA V. UOI
On the first plea, the SC declared
section 498 A to be intra vires and misuse of section 498 A does not mean that
section 498A is unconstitutional. After that, the SC said that a lot of cases
are filed with malign intent, so the legislature has to find a way to solve
this problem. However, the SC clarified that investigating agencies and court
should not work on strait jacket formula, and directed the machinery of law to
work and give judgment on the basis of presumptions and on the basis of
circumstantial evidence. For this law regarding the second plea, please keep
this in mind. On the last plea i.e. CBI investigation, the Court ruled that the
petitioner can establish his innocence in the ordinary course of proceedings.
The writ petition is rejected.
SAVITRI DEVI V. RAMESH CHAND
The court ruled that the provisions
had been misused and abused to an extent that it compromised the integrity of
marriage itself and was detrimental to the well-being of society as a whole.
The court held that authorities and legislatures must review the situation and
the legal provisions in order to prevent such a situation from arising. In
India, the situation of women is still very unfavourable. They still require
certain rights to feel comfortable in society, but often they don't care about
the rights of others as long as they have their own. The educated women of
today must accept the idea of equality and ask for the same, but the situation
is gradually changing. Women take advantage of being considered the weaker sex,
and on the basis of the rights they are given, they are violating the rights of
others.
The malimath committee report 2003
The Malimath Committee Report of 2003
was a significant initiative aimed at recommending reforms to improve the
criminal justice system in India. The committee, headed by Justice V.S.
Malimath, was tasked with examining various aspects of criminal law and
procedure and proposing measures to enhance the efficiency, fairness, and
effectiveness of the legal system. While the report covered a wide range of
topics, including police reforms, witness protection, and judicial
administration, it also addressed issues related to the misuse of legal
provisions, including Section 498A of the Indian Penal Code (IPC).
No Casual Arrest
The arrest of a person constitutes
the deprivation of his fundamental right to life and personal liberty;
therefore, exceptional cases of arrest should be made. The Hon’ble HC of
Allahabad has taken a step forward by directing the police authorities to make
the arrest only after following the newly amended provisions of the Code. The
Division Bench of the Allahabad HC has also directed the Magistrates to
exercise extreme caution and caution when granting remand in the case of
matrimonial disputes. If the arrest is made without following the newly amended
provision of the Code, the remand must be refused and the accused must be
released on bail.
Mediation and Conciliation
Higher Courts have ordered
matrimonial issues to be referred to Mediation and Conciliation centres and
Police and Trial courts to take all possible steps to settle the disputes
through these measures. The Court has specifically directed the Magistrates to
transfer the matter to Mediation and conciliation centres when an application
is filed under Code 156(3). When the Magistrate finds that no compromise or
settlement can be achieved only in such cases, the order for registration of
FIR should be passed. The Hon'ble Supreme Court observed that Learned Members
of Bar have a great social responsibility and duty to make sure that the social
fabric of family life is not destroyed or destroyed. They should make every
effort to assist the parties in reaching an amicable settlement of the problem.
Recommendation for Re-look
Since courts are concerned with the
greater public interest, the Hon'ble Supreme Court has noted that there is a
dire need to reconsider entire provisions. Just because the provision is in the
Constitution, does not mean that it gives free rein to unscrupulous people to
ruin people's lives through personal vendettas or harassment. Therefore, it may
be necessary for the legislature to find out how the people who file frivolous
complaints or make allegations can be properly dealt with. The Hon'ble Court
has asked the law commission of India to consider appropriate steps and for
appropriate legislative amendments.
Quashing of Proceedings where
amicable settlement is arrived
Since offence under section 498-A of
IPC, being non-compoundable, in cases of compromises, proceedings of all
related cases may be quashed under section 482 of Code of Criminal Procedure by
the Hon’ble High Court. This has been recommended by Hon’ble Supreme Court in
B.S. Joshi vs. State of Haryana80 , Manoj Sharma vs State81. In the latter case
it was observed that where the dispute is purely personal in nature, (i.e. the
element of the offence being a crime against society is secondary), and the
wife decides to compound the offence, as there would be little likelihood of
conviction, quashing of the offence should not be refused on the hyper-technical
view that the offence was not compoundable.
Liberal and Human approach towards
Accused
Higher Courts of the country are
alive to the changing needs and pragmatic realities of the society. Analysis of
some recent judgments of Hon’ble Supreme Court reflects that, Court has adopted
humane approach towards accused persons, who are falsely implicated. The Court
has held125 that ‘girlfriend’ or ‘concubine’ of the husband is not covered
within the term “relative of husband”. It may be a ground of Judicial
separation but not cruelty u/s 498-A, IPC similarly; it has been held that
‘petty quarrels’ does not amount to cruelty u/s 498-A I.P.C. In the instant
case wife gave birth to a male child and husband did not even come to see the
child. It was held to be no cruelty.82 Thus we can see a change in the approach
of Apex Court as it is also feeling the seriousness of the problem of misuse of
legal provisions and in its several decisions it has emphasized the
responsibility of courts and prosecution and to proceed in these types of cases
very cautiously. Justice Katsu has rightly suggested in this case to invoke the
safeguards of anticipatory bail so as to innocent family members could not be
harassed. Judge Katsu was right to rely on the safeguards of anticipatory bail
to protect innocent family members.
SUGGESTIONS
The solution to women-centric law
abuse requires a coordinated effort from policy makers, law enforcement and
civil society in order to protect the legitimacy of the legal order while
safeguarding the rights of every individual. Stricter penalties for
perpetrators of false complaints or abuse of legal frameworks for personal gain
must be enforced. Strong penalties serve as a warning and emphasize the gravity
of abuse of legal systems designed to protect vulnerable people. Promoting
legal awareness programs will help educate the public on the purpose and
correct application of women’s-centric laws and promote a culture of
responsibility and accountability. Compulsory counselling or mediation prior to
taking legal action can promote amicable solutions and reduce the risk of
escalation into an adversarial proceeding. Better access to legal assistance
and support ensures that victims and accused parties receive the guidance and
support they need during the legal process. Providing protection from
retaliation or coercion also encourages victims or witnesses to speak up
without fear of retaliation, thus creating an environment that promotes justice
and equity. Specialised training for legal practitioners emphasizes the need to
be impartial, sensitive, and respectful of due process when handling
gender-based violence and discrimination cases. Community involvement and
support networks are essential for raising awareness, offering support, and
addressing the social norms that lead to abuse. By taking these steps,
stakeholders can work together to prevent and limit the abuse of women-centred
laws, ultimately promoting justice, equity, and gender justice.
CONCLUSION
The debate over the effectiveness and
impact of gender specific legislation, often referred to as women-specific
laws, reveals a complex and multifaceted story. These legal frameworks are
necessary to address systemic inequalities and protect the rights of
marginalized people. However, the misuse of these laws reveals a complex
combination of social dynamics and personal motivations. This essay has
highlighted the negative consequences of misused gender-specific laws, such as
the loss of trust in the justice system, harm to personal relationships, and
impediment to real progress towards gender equality. Amid these challenges,
however, there is a silver lining. By promoting legal literacy, encouraging
alternative dispute resolution, and strengthening support networks for victims
and accused individuals alike, stakeholders can work towards a more just and
equitable society. Exploring the quirks of misused gender legislation
highlights the need to balance legal protection with accountability to ensure
that feminism transcends foolishness and embodies principles of fairness,
inclusion, and empowerment for everyone.
Article Information
"FEMINISM OR FOLLY”? EXPLORING THE ECCENTRICITIES OF MISUSED GENDER LAWS"
Authors: AKSHITA JAIN
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/06/17
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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