MISUSE OF WOMEN CENTRIC LAWS IN INDIA BY - AANCHAL GUPTA
AUTHORED BY - AANCHAL GUPTA
ABSTRACT
In India, laws focusing on women
were enacted with the admirable goal of empowering women and shielding them
from various sorts of violence, injustice, and discrimination. However, worries
regarding the possible abuse of these rules have been voiced over time. This
abstract examines the underlying causes, effects, and potential remedies to
give insight on the complicated social realities surrounding the abuse of
women-centric policies in India. There are many facets to the misuse of laws
that target women, and there are no easy answers. Even though it is critical to
recognize the prevalence of actual occurrences of gender-based violence and
discrimination, there have been occasions in which these laws have been abused
for vengeance, personal gain, or family feud resolution. Power relationships,
sociocultural factors, and the ignorance and This issue is made worse by
sensitivity to gender concerns. The abuse of laws pertaining to women has
far-reaching effects. Men and their families have experienced false accusations
against them, legal retaliation, social humiliation, and financial hardship.
Furthermore, the legitimacy and trustworthiness of these laws have been called
into question, which has resulted in a decrease in faith in the legal system.
Misuse of this kind might unintentionally reinforce gender bias and impede the
advancement of gender equality in society.
Keywords: Gender equality, legal
harassment, legal exploitation, discrimination, and skepticism.
INTRODUCTION
The misapplication of legislation
pertaining to women in India is a controversial topic. Though it is critical to
address the actual issues that women face and provide them with legal
protections, there have been instances where these laws have been exploited. It
is important to keep in mind that the possibility of misuse should not lessen
the significance of these laws in protecting women's rights and safety.
INSTANCES OF ABUSE OF
WOMEN-CENTRIC LAWS
The following are a few instances
and illustrations of how women-centric legislation are abused in India:
Cases
of False Dowry:
The Indian Penal Code's Section 498A, which deals with false dowry cases, is
one of the most cited examples of abuse. This provision aims to protect married
women from harassment and abuse related to dowries. Women and their families
have occasionally manufactured up instances to harass their spouses and in-laws
or to get money from them. The National Crime Records Bureau (NCRB) reports
that many Section 498A dowry accusations are baseless or fraudulent.
Domestic
Violence Misuse Act:
The Protection of Women from Domestic Abuse Act (PWDVA) is a major piece of
legislation to combat domestic violence. But there have also been cases where
women have misused the court system to make up accusations against their
in-laws or partners. Creating false allegations of physical or psychological
abuse, attempting to obtain financial gain, or gaining an advantage in custody
and divorce cases are a few instances.
False
Rape Allegations: Although
it is critical to support and shield victims of sexual assault, there have also
been instances of unfounded rape claims. False accusations have the power to
ruin a person's life, career, and reputation. There have occasionally been
instances of false accusations being filed to further personal grievances,
extortion schemes, or to gain an edge in legal proceedings.
Other
anti-dowry laws, like the Dowry Prohibition Act and Section 304B of the Indian
Penal Code (dowry death), have also been misused in addition to Section 498A,
in the past. False allegations of dowry demand, harassment, or dowry killings
have been made to settle personal scores or obtain the upper hand in marital
disputes.
Sexual
harassment laws misused:
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal)
Act seeks to provide a safe environment for women to work in. But there have
been instances where women have misused this regulation by accusing bosses or
coworkers based on false information, damaging their reputations and careers.
LANDMARK CASES
It is crucial
to remember that, while there are cases of abuse, they are insignificant in
comparison to the general goal and success of these laws in defending women's
rights. A few instances that have drawn notice are as follows:
Bhajan
Lal v. State of Haryana (1992)[1]: When talking
about the abuse of Indian Penal Code (IPC) Section 498A, which addresses
cruelty toward married women, this case is frequently brought up. To prevent
abuse of this clause, the Supreme Court of India issued instructions and
underlined the importance of distinguishing between real situations and fake or
exaggerated ones.
Manav
Adhikar v. Union of India Social Action Forum (2018)[2] The Supreme
Court acknowledged the abuse of Section 498A in this case and observed that it was frequently being used as a tool
for harassment. To avoid making arbitrary arrests, the court ordered the police
to adhere to the directives given in the previously stated Bhajan Lal case.
State
of Bihar v. Arnesh Kumar (2014)[3]: This case
involved the abuse of Section 498A and brought attention to the problem of
accusers being detained and arrested without adequate research or proof.
According to the Supreme Court, arrests in these kinds of situations ought to
be made only following a careful investigation and with sufficient
justification.
Union
of India v. Independent Thought (2017)[4]. The misuse
of the Protection of Children from Sexual Offenses (POCSO) Act was the focus of
this case. The Supreme Court ruled that consenting to sex with a juvenile where
both parties were intimate age, ought not to be regarded as crimes under the
statute.
It is critical
to recognize that these incidents demonstrate instances of misapplication
rather than casting doubt on the need for legislation in India that specifically
target women. These laws' main goal is to shield women from harassment, abuse,
and discrimination. They have also been extremely important in advancing
women's empowerment and gender equality.
MAINTENANCE OF THE
WIFE BY THE HUSBAND
As per the Code of Criminal
Procedure, 1973, Section 125, an individual is obligated to provide support to
their spouse, children, and parents who are unable of providing for themselves.
Even if the wife works, her pay is not enough to support her, thus her husband must
fulfil her needs.[5]
Section 37 of the Special
Marriage Act states that following a divorce, the husband must provide for his
wife out of his property until her circumstances change, like being married
again or becoming immoral.[6]
The Hindu Adoption and Maintenance
Act, Section 18, states that a Hindu wife is entitled to lifetime maintenance
from her husband.[7]
In accordance with Section 3
of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced
Muslim woman has a right to support from her ex-husband throughout the iddat
period.[8]
Section 37 of the Divorce
Act of 1869 states that the husband must support his wife for the rest of her
life if a decree of divorce or judicial separation is granted.
No mention is made of a
husband being supported by his wife in any of the laws that have already been
discussed that require a wife to be supported by her husband. The regulations
do not specifically state this obligation, although there may be situations in
which the husband also needs upkeep. A woman is assisted by family law in terms
of divorce and maintenance. If the husband is unable to provide for his wife, a
recovery warrant may be issued against him in accordance with Section 125 of
the Criminal Procedure Code. Even though if the wife is granted custody of the
children, it is preferable, at least for those under five. In adoption
circumstances, a single guy is also prohibited from adopting a female child.
All these laws have shortcomings that have a serious adverse effect on men.
HOW ARE MEN IN A WORSE POSITION THAN
WOMEN?
There are some laws that
negatively affect men. They are regularly involved in made-up cases. Women
frequently use the numerous laws intended to protect their rights as an excuse
to harass men and occasionally just to soothe their egos. They usually suffer
atrocities at the hands of the police, and the legislation is very strict for
them. Furthermore, most crimes against women are punishable by law and do not
include a bond requirement, which makes it more difficult for blameless men to
get away with it.
Laws that protect women's
rights are many; nevertheless, none that advance the interests of men in
society exist. Most divorce proceedings and cruelty charges are governed under
the Domestic Violence Act and Section 498-A of the IPC, respectively. Often,
the primary purpose of these cases is to gain money from the associates. And it
just takes one of these false charges to ruin both his professional and social
reputation. Women have also been known to remarry only for their affluent
spouses' possessions and financial assistance.
Rules are in place to
protect women from sexual harassment at work, but there are no comparable
standards in place to protect men. It is thought that women are the only ones
who are impacted by sexual harassment and eve teasing, and that men are only
likely to be the offenders of these crimes rather than the victims. That is
incorrect.
LAWS THAT FAVOR WOMEN
AND HOW SOCIETY VIEWS THEM
Most people in
our society have consistently supported the empowerment of women. Women
currently have the upper hand in legislation that support them. From the time
when women were ostracized and perceived as weak to the present, when they are
respected and not all that weak, things have changed in society. However,
rather than trying to understand the complete context, the culture continues to
portray occurrences involving laws that benefit women in a way that considers
men to be the culprits.
When a girl is
raped, everyone is sad for her and worried about her future. This is
acceptable. It goes without saying that if two individuals live together, they
must do this much. However, what about a man who was charged with but was later
cleared of the charge of rape? Is society's perception of him the same as it
was prior to his involvement in a fictitious case? No, comes the reply. The
members of society who had already labelled them as the criminal and who should
not be let to live with their heads up high will still regard them with
contempt even if it turns out that they are innocent. Furthermore, the
situation has gotten worse as more individuals use social media platforms,
which make it easy to harm someone's reputation. This is how society reads laws
that support women, assuming that regardless of the true cause of the issue,
men are always the culprits and women are the victims.
JUDGMENTS
Rd. N.G. Dastane v S Dastane[9] - Despite the norm that the stronger
person physically abuses the weaker person, the Supreme Court decided in this
case that a husband had abused his wife. However, both sexes have the capacity
to cruelly treat their relationships in their minds.
Rajesh Sharma & Others v
State of Bihar [10]- The court in this case established clear
rules to prevent the misuse of IPC Section 498-A. In compliance with Section
498-A of the IPC, the court directed the District Legal Services Authority to
form a Family Welfare Committee in every district and to investigate any
reports of domestic abuse for a month before making any arrests. The Committee
would consist of volunteers who would get introductory training before to
beginning the assignment, including retired individuals, social workers, and
paralegals.
REMEDIES SUGGESTED
To fill in any loopholes,
the regulations that are strict and targeted at women should be carefully
examined. Women's rights should be prioritized when drafting legislation, but
it is crucial to keep in mind that these protections should not come at the expense
of defenceless men. When drafting the legislation, the rights of both men and
women should be considered. There are still cases where dowry laws are broken,
even though the groom's family is severely punished. It exists because the
Dowry Prohibition Act forbids the bride's family from providing dowry, and only
those who do so face consequences. Those who offer dowries are typically the
same ones who seek them out. As such, it is imperative that the laws be
correctly enforced.
CONCLUSION
Although there is some misuse of laws
pertaining to women, it is important to note that this is a small percentage of
cases and should not lessen the importance of these regulations. The focus
should be on creating a fair and just judicial system that upholds the rights
of both men and women and appropriately addresses cases of real abuse and
harassment.
Laws pertaining to women's rights are
made to protect them from social injustices. There was a need when they were
implemented, and there still is. In any form of conflict, it is equally
important to make sure that these regulations do not cause harm to innocent
parties. Furthermore, it is challenging for judges to guarantee that society's
norms have no influence on their ability to give judgments.
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[2] Manav Adhikar v. Union of India Social Action Forum
(2018) Lrs.: (1989). 2 SCC
754
[5]
Code of Criminal Procedure, 1973, § 125, Acts of Parliament, 1973 (India)
[7]
Hindu Adoption and Maintenance Act, 1956, § 18, Act No. 78 of 1956
[8]
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[9]
AIR 1975 SC 1534, (1975) 2 SCC 326, 1975 3 SCR 967