Open Access Research Article
CRITICALLY EXAMINING THE MISUSE OF LAWS BY WOMEN FOR THE NEED OF FAIR LEGAL SYSTEM BY: ARUSHI GOEL & DR. EKTA GUPTA
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CRITICALLY EXAMINING THE MISUSE OF
LAWS BY WOMEN FOR THE NEED OF FAIR LEGAL SYSTEM
Abstract
India was a male-dominated country
for decades, which
led to the establishment of new Laws to
protect women from society. Husbands used to mistreat
their wives, and the women were restricted to just the kitchen or
household work. They were not allowed to work or study much, and they were
married off at an early age. So, to battle with the male-dominated society or to
uplift women in society, many laws were created. For instance, The Domestic
Violence Act, 2005, was enacted to protect women from violence such as verbal,
sexual, emotional, and physical. The Dowry Prohibition Act, 1961 was enacted
which banned the giving or taking of dowry. Section 498-A was also added to the
Indian Penal Code, 1860 which gives protection to married women from cruelty by
their husbands or their relatives fordowry or any unlawful demand. There were many more sections
which were created like sections 354, 354-A, 354-B, 375, etc. for the
benefit of women and to provide them justice and peace.
But today, we are witnessing that women
are misusing these laws and their rights for their own benefit or to
harass husbands and their families.
In this exploration, we are
going to talk about the laws
that were exploited by the women for their benefit. This paper will also highlight:
A.
How male and their families
get affected by these false allegations or accusations?
B.
What kind of changes
should be made in the laws so that
false accusations can beeliminated?
Keywords: Gender Dynamics,
Male-Dominated, Legal Protection, Women’s Rights, Law Misuse
Introduction
It is essential to acknowledge that discussions surrounding the misuse of laws by women
must navigate a delicate balance, avoiding the perpetuation of harmful
stereotypes or undermining legitimate struggles for gender equality
and justice. This study seeks
to approach the topic with sensitivity and nuance, recognizing
the complexities inherent in gender dynamics within the legal system.
The significance of examining this issue lies in its profound impact on
individuals, families, and society as a whole. False accusations and malicious
legal actions can have devastating consequences, including reputational damage,
financial loss, and psychological trauma. Moreover, such misconduct undermines
the integrity and effectiveness of the legal system, eroding public trust and
confidence in the pursuit of justice.
By critically examining the misuse of laws by women, this study aims to
shed light on its underlying causes, societal implications, and potential
avenues for prevention and redress. Through a comprehensive analysis of existing
The legal system
is a cornerstone of any society,
intended to ensure justice, fairness,
and protection for all individuals. However, in recent
times, there has been growing concern and debate surrounding the misuse
of laws by women.
The misuse of laws by women refers to instances where legal provisions
are exploited for personal gain, often resulting in unjust consequences for
others. This phenomenon encompasses various forms of misconduct, including
false accusations, manipulation of legal processes, and abuse of protective laws. While the misuse of laws by any individual is a cause for concern, the focus on women in
this study is particularly pertinent due to the broader societal dynamics
and gender-related literature,
empirical data, and legal frameworks, it seeks to contribute to a deeper
understanding of the complexities surrounding this issue and stimulate
informed discourse on the need for a fair and equitable legal system.
In conclusion, the examination of the
misuse of laws by women represents
a critical endeavor in the quest for
a fair legal system. By interrogating this issue with rigor and sensitivity,
this study endeavors to contribute to ongoing discussions on gender equality,
justice, and legal reform, ultimately striving towards a society where the
principles of fairness, equity, and integrity are upheld for all individuals,
regardless of gender.
Some laws that provide
preferential treatment to women
Women are always considered weak as compared to men in our society, so
various women- centric laws are implemented to protect them. But today laws that were enacted for the
empowerment or benefit of women are now used by them for their own advantage interfering with the rights of
men.
Now let's look
at the laws which give women the edge over men:
Section 498-A: it says that
whoever, being the husband or the relative of the husband of a woman subjecting
such woman to cruelty shall be punished with imprisonment for a term which may
extend to three years and shall also be liable to fine.1
Now as we can see
this section only talks about women subjected to cruelty by their husbands and their relatives but nowhere mentions
cruelty towards men. This is the most misused section of the Indian penal code, 1860 by women.
When women complaints against the husband
or his relative under this
section immediate action is taken by the
police sometimes without hearing the side of
the husband and his relatives. There are many false cases of domestic violence are being lodged and
many people put behind bars. Families have to face humiliation in society and
many commit suicide because of these false allegations.
Section 375: this section
of IPC talks about rape. Whenever we talk about rape everyone
thinks that only a man can commit rape. The language of this section is
also women-centric which says that “a man is said to commit rape who has sexual
intercourse with a woman against her will or without her consent”.
This section does not give any protection
to man against sexual intercourse without his will. This is true that in most
cases, only women are victims but that does not mean that a man cannot be the
victims of forced sexual intercourse.
According to the Centers for Disease Control and Prevention over half of
women and one in three men have experienced sexual
violence involving physical
contact during their lifetimes.2 One in women
and about 1 in 26 men have experienced completed or attempted rape.3
According to the report of the
Delhi Commission of Women, it says
that between April 2013 and July 2014, of the
2753 complaints of rape, only 1287 cases were found to be true, and the
1 Indian Penal Code 1860, s 498A
2 ‘Fast facts’ (Centers for Disease
Control and Prevention)
3 ibid
remaining 1,464 cases were found to be false.4 Many women file false cases to harass
men, and the most common
reason for this is to take revenge.
Section 304-B: This section of
IPC is also a women-centric or gender-biased section. It says that if a woman
passes away within seven years of her marriage and her husband or in-laws were
seeking dowry, then they will be held accountable for her death.5
But why we have not made any law that if a husband dies within seven years of his marriage
and his wife is harassing or torturing him then the wife
will be held accountable for his death? Why
do only husbands or in-laws have to face such consequences? The law
has to be equal for everyone whether it is men or women. Also, a proper inquiry should be
conducted by the police in such
cases rather than directly blaming the husband or in-laws.
The above-mentioned sections
are the most misused sections
which are used by the women for their own benefit or to take revenge on their partner.
These sections are gender biased and only Favor women and give them an undue
advantage over men.
Other sections
or laws
Sections 354, 354A, 354B, 354C, and 354D of IPC are the sections that are
also misused by the women for their
ulterior motives. Women file false cases
of sexual harassment on men for taking
revenge or to blackmail them for some reason like for taking possession of
disputed property, to compel the person to withdraw his complaint, etc...
Dowry Prohibition Act, 1961 which aims to prohibit the
giving and taking of dowry, custody,
and maintenance laws like section
125 of CRPC, section 36 of the Special Marriage
Act, 1954, etc., and the
Domestic Violence Act, of 2005 which aims to protect women from physical,
emotional, sexual, and economic abuse within their domestic environments are
some of the acts which are also misused by the women.
Challenges in Addressing Law Misuse
Despite the existence of legal protections and mechanisms, addressing law
misuse remains a significant challenge due to various factors. One challenge is
the underreporting and lack of awareness of legal misconduct, particularly in cases involving
intimate partner violence,
4 ‘53.2 per cent rape cases filed
between April 2013-July
2014 false, says DCW’ (India Today, 29 Dec 2014)
<https://www.indiatoday.in/india/north/story/false-rape-cases-in-delhi-delhi-commission-of-women-233222- 2014-12-29> accessed 28 August 2023
5 Indian Penal Code 1860, s 304B
coercion, or manipulation. Survivors may hesitate to come forward due to
fear of retaliation, stigma, or disbelief, while perpetrators may exploit power imbalances and institutional barriers to evade accountability.
Furthermore, systemic biases
and inequalities within
legal systems can hinder efforts
to address law misuse
effectively. Gender, race, class, and other identity factors can influence
legal decision-making processes, leading to disparities in treatment and
outcomes for individuals within legal contexts. Additionally, limited
resources, capacity constraints, and inadequate training for legal
professionals may impede efforts to respond effectively to instances of law
misuse and provide support for survivors.
Addressing law misuse presents numerous challenges, stemming from various
factors that complicate efforts to ensure accountability and fairness within
legal systems. One significant challenge is the underreporting and lack of
awareness surrounding instances of law misuse. Survivors of legal misconduct may hesitate to come
forward due to fear of retaliation,
stigma, or disbelief, while perpetrators may exploit power imbalances and
institutional barriers to evade accountability. This underreporting perpetuates
a cycle of impunity, allowing perpetrators to continue their misconduct without
consequences and further eroding trust in legal systems.
Moreover, systemic biases and inequalities within legal systems can
hinder efforts to address law misuse effectively. Gender, race, class, and
other identity factors can influence legal decision-making processes, leading
to disparities in treatment and outcomes for individuals within legal contexts.
Discriminatory attitudes and practices may result in victim-blaming, minimized
credibility for certain groups, or unequal access to legal remedies and support
services.
Furthermore, the complexity and ambiguity of legal processes and
procedures can pose significant challenges for survivors of law misuse,
particularly those navigating legal systems without adequate support or
resources. Legal proceedings may be intimidating, time- consuming, and costly,
deterring individuals from seeking redress for legal wrongs. Additionally, the
adversarial nature of legal systems can exacerbate power imbalances and
retraumatize survivors, further hindering their ability to access justice.
Additionally, limited resources, capacity constraints, and inadequate
training for legal professionals may impede
efforts to respond
effectively to instances of law misuse
and provide support for survivors. Legal systems may lack specialized expertise or protocols
for addressing specific forms
of legal misconduct, such as coercive control, gaslighting, or manipulation of
legal processes. This can result in inadequate responses or dismissive
treatment of survivors, further undermining their trust in legal institutions.
Furthermore, legal frameworks and responses to law misuse may fail to adequately address the root
causes of legal misconduct, including underlying power dynamics, social norms,
and institutional practices. Legal reforms focused solely on punitive measures or
procedural changes may overlook the broader systemic inequalities and
injustices that contribute to law misuse. Addressing
these challenges requires holistic approaches that encompass prevention,
intervention, and systemic change within legal systems and society at large.
Moreover, the intersectionality of identities and experiences further
complicates efforts to address law misuse effectively. Women from marginalized or disadvantaged backgrounds may face intersecting forms of discrimination and oppression,
compounding the challenges they encounter within legal
contexts. Legal responses to law misuse
must consider the diverse needs and
experiences of survivors, including those
from marginalized communities, and ensure that support services and remedies are
accessible and culturally responsive.
Additionally, societal attitudes and norms surrounding gender, power, and
authority play a significant role in shaping responses to law misuse.
Patriarchal attitudes may minimize or dismiss women's experiences of legal
misconduct, perpetuating myths and stereotypes that blame victims and excuse
perpetrators. Challenging these attitudes and promoting cultural shifts towards
greater accountability and respect for survivors' voices are essential
for creating environments
where law misuse is taken seriously and survivors are supported in seeking
justice and healing.
In conclusion, addressing law misuse requires
comprehensive and multifaceted approaches that
address systemic inequalities, empower survivors, and promote accountability
within legal systems and society.
By acknowledging the complexities and challenges inherent
in addressing law misuse,
societies can work towards creating more just, equitable, and responsive legal
frameworks that uphold
the rights and dignity of all individuals, regardless of their
experiences of legal misconduct.
Furthermore, addressing law misuse requires a multifaceted approach that
involves collaboration among various stakeholders, including legal
professionals, policymakers, community organizations,
and survivors themselves. By working
together, these stakeholders can develop comprehensive strategies that address
the underlying factors contributing to law misuse and promote accountability
and justice for survivors.
One crucial aspect
of addressing law misuse is improving access
to legal remedies
and support services for
survivors. This includes ensuring that survivors have access to legal aid services, counseling, advocacy, and
other forms of support to help them navigate legal processes and seek redress
for legal wrongs. Legal aid programs
can provide crucial assistance to
survivors who may otherwise be unable to afford legal representation, ensuring
that they have equal access to justice regardless of their financial resources.
Moreover, training and capacity-building initiatives for legal
professionals are essential for enhancing responses to law misuse. Legal
professionals, including judges, lawyers, and law enforcement officials, need training on recognizing and responding to instances of law misuse, including understanding the
dynamics of coercion, manipulation, and psychological abuse. Training programs
can also raise awareness of the intersectional nature of law
misuse and the importance of adopting survivor-centered approaches that
prioritize safety, autonomy, and empowerment.
Additionally, strengthening accountability mechanisms within legal
systems is critical for addressing law misuse and holding perpetrators
accountable for their actions. This includes improving mechanisms for reporting
and investigating allegations of legal misconduct, ensuring that disciplinary
processes are transparent and effective, and imposing meaningful sanctions on
perpetrators when misconduct is substantiated. Accountability measures send a
clear message that law misuse will not be tolerated
and help to restore trust and
confidence in legal institutions.
Furthermore, promoting prevention and education efforts is essential for
addressing the root causes of law misuse and changing societal attitudes and
norms surrounding gender, power, and authority. Prevention programs can promote
healthy relationships, consent,
and respect for boundaries, helping to prevent
instances of law misuse before
they occur. Education
initiatives can also challenge myths and stereotypes surrounding law misuse,
raise awareness of survivors'
rights, and encourage bystander intervention to support those at risk.
Moreover, fostering collaboration and coordination among different
sectors, including legal, healthcare, social
services, and education, is essential for providing comprehensive support
to survivors and addressing the complex needs associated with law
misuse. Interdisciplinary approaches that involve collaboration among
professionals from diverse fields can help to identify and address the
intersecting factors contributing to law misuse and ensure that survivors
receive holistic and coordinated support.
In conclusion, addressing law misuse requires a multifaceted and
collaborative approach that involves improving access to legal remedies and
support services, enhancing training and capacity-building for legal professionals, strengthening accountability mechanisms, promoting prevention and education efforts, and fostering
collaboration among different sectors. By working together to address the root
causes of law misuse and promote accountability and justice for survivors,
societies can create safer and more equitable communities for all individuals.
CASES
In Sejalben Tejasbhai v state of
Gujrat6, the petitioner (wife) stated that she had no source of income and only did household
work while her income was 40,000 per month from business
which she did not reveal
and hence committed perjury. The court
stated that the laws which are
in Favor of women are often misused by them by suppressing the material aspect.
The court dismissed the case.
In Rajesh Sharna &
Ors v state of UP7, the petitioners argued
that section 498A of the Indian
penal code is misused by women to
harass their husbands and in-laws. They also argued that women filed false
cases under section 498A and that police make an arrest without proper
investigation. In this case, the court issued guidelines to prevent such misuse
and to set up family welfare committees in every district to review complaints of dowry harassment before any arrests were made.8
6 Sejalben Tejasbhai Chovatiya v state of Gujrat
2017(3)RCR(criminal)477
7 Rajesh Sharna & Ors v state of
UP (2017) 3 SCC 821
8 ‘Rajesh Sharma
v. State of U.P.’ (Legal Vidhiya, 7 May 2023) < https://legalvidhiya.com/rajesh-sharma-v-state- of-u-p/ > accessed 29 August 2023
In Rajan v State of Madhya Pradesh9,
The Madhya Pradesh high court also recently commented on the misuse of section
498A (cruelty to women) of IPC, noting
the current trend, it is evident that the wife is
submitting a package of five cases against the husband and his relative in
various courts.
In Vishaka v. State of Rajasthan:
In this case, the Supreme Court of India laid down guidelines to prevent sexual
harassment of women
in the workplace. The court
held that sexual harassment violated the
fundamental rights of women under Articles 14, 15, and 21 of the Indian Constitution. The Vishaka Guidelines established a framework
for employers to address
and prevent sexual harassment at work.10
In State of Maharashtra v. Madhukar Narayan: This case dealt with the offense
of perjury under Section 191 of the
Indian Penal Code (IPC). The Supreme Court emphasized the importance of truthfulness in judicial proceedings and held that making
false statements under oath constitutes perjury, punishable
under the law.11
Conclusion
In conclusion, we can state that laws designed to ensure women’s safety
are now being manipulated by some for their
own personal motives.
The misuse of laws has led to men facing undeserved suffering and profound
injustices. There should be no place for discrimination in the legal framework, and everyone should
be treated with equal importance. The principle that a person is innocent until proven
guilty should also be upheld
in these cases, because in most
instances, society or the court tends to support women, often
without hearing a man’s side. It is imperative for either the courts or
lawmakers to find a solution, whether through legal precedents or amendments to
existing laws, in order to establish a balance between women’s rights and the
prevention of misuse of these laws.
Key strategies and suggestions for addressing law misuse include-
9 Rajan and Anr v State of Madhya Pradesh
and Anr (Crl) 35596/2018
10 Vishaka v. State
of Rajasthan (1997) 6 SCC 241
11 State of Maharashtra v. Madhukar Narayan
(1991) 1 SCC 57
1. Prevention through Education: Implement
comprehensive education and awareness programs to promote understanding of
legal rights and responsibilities, challenge harmful attitudes and stereotypes,
and foster respectful and equitable relationships.
2.
Enhanced
Legal Protections: Strengthen legal frameworks and mechanisms to
provide greater protection for
survivors of law misuse, including robust enforcement of existing laws, enactment of new
legislation where necessary, and development of specialized support services.
3.
Accountability and Justice: Ensure
accountability for perpetrators of law misuse through fair and transparent legal processes,
effective investigation and prosecution of offenses, and appropriate sanctions
for misconduct.
4. Support for Survivors: Expand
access to support services for survivors of law misuse, including counseling,
legal aid, emergency accommodation, and other forms of assistance to help
survivors navigate legal processes and rebuild their lives.
5.
Capacity Building
and Training: Provide
training and capacity-building initiatives for legal professionals, law enforcement officials, and other relevant stakeholders to improve responses to law misuse, including
recognition of signs and dynamics of abuse, trauma-informed approaches, and survivor-centered
advocacy.
6.
Community
Engagement and Collaboration: Foster collaboration and
partnership among diverse sectors, including legal, healthcare, social
services, and education, to address law misuse holistically and ensure
coordinated responses that meet the needs of survivors and promote prevention
and accountability.
7.
Research
and Data Collection: Conduct research and data collection initiatives to
better understand the prevalence, impact, and effectiveness of interventions
related to law misuse, and use evidence-based approaches to inform policy and
practice.
By implementing these suggestions and strategies, societies can work
towards creating legal systems that are fair, equitable, and responsive to the
needs of all individuals, while also promoting accountability, justice, and
respect for human rights.
Article Information
CRITICALLY EXAMINING THE MISUSE OF LAWS BY WOMEN FOR THE NEED OF FAIR LEGAL SYSTEM BY: ARUSHI GOEL & DR. EKTA GUPTA
Authors: ARUSHI GOEL, DR. EKTA GUPTA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/05/01
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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