MISUSE OF WOMEN-CENTRIC LAWS IN INDIA

MISUSE OF WOMEN-CENTRIC LAWS IN INDIA

 Written By: Loknath Saha
1st Year LLB
Lloyd Law College, Noida

Edited By: Yash Jain
BBA LLB(H) 
Amity Law School, Noida

INTRODUCTION 

It is often acknowledged that an excess or abuse of any legal provision or right can have adverse consequences. Similarly, the issue at hand pertains to the perceived excess of freedom granted to women through women-centric legislation in India, leading to instances of misuse by some women and resulting in detrimental consequences for men. While the formulation of these laws initially aimed to promote gender equality and safeguard the rights and interests of women, their unintended consequences have become burdensome for men across the country. It is essential to recognize that women-centric legislation was enacted with the intention of addressing historical gender disparities and ensuring the protection of women's rights. These laws encompass various aspects such as domestic violence, sexual harassment, dowry, and workplace discrimination, among others. The objective was to create a legal framework that empowers women and provides them with the necessary tools to seek justice and combat gender-based discrimination.

 

WOMEN'S RIGHTS AND LAWS IN RESPECT OF INDIAN CONSTITUTION 

It is important to address the issue of discrimination and sexism against both men and women. While it is true that women have historically faced more severe and widespread discrimination, it does not mean that men are exempt from experiencing discrimination or sexism.

Regarding your example of rape, it is crucial to note that any allegation of rape should be taken seriously and thoroughly investigated to determine the truth. False accusations can have serious consequences for innocent individuals, regardless of their gender. Due process and the principles of justice should be followed to ensure fairness and protect the rights of all individuals involved. Some other side of rights which being put men into sever consequences and as a result it makes one innocent life completely into abandoned and disastrous. 

The Indian Constitution, Article 15(1), prohibits discrimination based on sex, while Article 15(3) allows for special provisions to be made for women. While these provisions aim to protect women due to perceived disadvantages, there are instances where they can harm men's rights. Misuse of these laws by some women can lead to harassment of their male counterparts. It is important to address such misuse without undermining the need for gender equality and the protection of women's rights.

1.     Section 498A of the Indian Penal Code (IPC): As mentioned earlier, this section deals with cruelty by a husband or his relatives towards a woman. While the intention of the law is to protect women from domestic violence, there have been instances where it has been misused to file false dowry harassment cases against men and their families.

In the case of - Kahkashan Kausar v. State of Bihar, 2022 SCC Online SC 162, decided on February 2 of 2022

In a recent court case, the bench of SA Nazeer and Krishna Murari, JJ examined a dowry demand and harassment complaint where no specific role was attributed to the in-laws. The court observed that subjecting the in-laws to trial without clear allegations would be unjust and could lead to the misuse of the legal process. They noted the increasing tendency of implicating relatives of the husband in matrimonial disputes as a means to settle personal scores. The court highlighted that false implications without specific and distinct allegations would result in abuse of the law. In this particular case, general and omnibus allegations were made against the in-laws, but no prima facie case was made out against them. The court concluded that allowing prosecution without clear allegations would be an abuse of the legal process.

2.     Protection of Women from Domestic Violence Act (PWDVA): While this act aims to protect women from domestic violence, there have been cases where it has been misused to file false or exaggerated claims against men, leading to harassment and hardship for the accused and their families.

3.     Misuse of rape laws: Although rape laws in India primarily focus on protecting women, there have been instances where false rape accusations have been made. These cases highlight the importance of a fair and thorough investigation to ensure justice for both the accuser and the accused.

·       The Indian Penal Code (IPC) Section 376 and 354: This section deals with the offence of rape, molestation and provides for stringent punishment for those found guilty. It recognizes that rape is a gender-specific crime where women are primarily the victims but in the case of molestation sometimes it has been seen both men and women got victims but still women get more preference.

In August 2021 Delhi High Court recently said According to Justice Subramonium Prasad, these kinds of legal actions are often initiated by unscrupulous individuals in the hope that the other party will give in to their demands out of fear or shame. Unless wrongdoers face the consequences of their actions, it will be challenging to prevent such baseless litigations. The court made these remarks while rejecting a petition seeking to dismiss a First Information Report (FIR) filed under Section 376 of the Indian Penal Code. In this case, both parties had registered cross-complaints of rape against each other at the same police station in 2019. One case involved a lawyer accusing another lawyer, while the other case involved the wife of the accused lawyer as the complainant. The court expressed sadness at how practising lawyers from the legal fraternity were trivializing the offence of rape.

The court emphasized that rape is not just a physical assault but also an act that can cause severe psychological harm to the victim, often leaving long-lasting trauma. It expressed concern that people were treating rape allegations too casually.

Justice Prasad further highlighted that dismissing an FIR related to rape based on a compromise would encourage the accused to pressure victims into agreeing to a settlement. This would allow the accused to escape punishment for a heinous crime, which cannot be permitted. The court also recognized that false rape allegations have the potential to destroy the accused's life and reputation. It stated that accusations of offenses like rape should not be made lightly for personal vendettas.

The court also pointed out that the time spent by the police investigating false cases prevents them from focusing on more serious offenses, leading to flawed investigations. Additionally, valuable judicial time is wasted on hearing cases with false allegations, which is an abuse of the legal process. The court expressed concern over the alarming increase in false rape cases and related offenses, such as those under Sections 354, 354A, 354B, 354C, and 354D of the Indian Penal Code. These false cases are often aimed at pressuring the accused into meeting the complainant's demands.

·       Protection of Children from Sexual Offenses (POCSO) Act: This act is specifically designed to protect children from sexual offenses, including rape. It focuses on the rights and well-being of child victims.

Noticing the growing trend of foisting fake POCSO cases against biological father by mother’s embroiled in custody battles, the Kerala High Court said in a judgement that courts should not hesitate grant anticipatory bail if the veracity of the allegations is doubtful. Justice Ziyad Rahman AA noted that the growing tendency of fake POCSO cases involving parties in family court cases was noted by the high court in a 2019 judgement ( Suhara and another vs. Muhammed Jaleel)

 

·       Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act: This act addresses sexual harassment at the workplace and provides a mechanism for women to file complaints and seek redressal.

In the case of Dr. Susmita Banerjee v. Kolkata Port Trust & Ors (2017 SCC OnLine Cal 18079), the petitioner was the only witness to a sexual harassment incident at her workplace. She was accused of providing false testimony during the inquiry. However, the Calcutta High Court ruled that since there was no substantial evidence to support the allegation of malice, all proceedings against the petitioner under Section 14 were to be dismissed. This judgment highlights the requirement of substantial proof of malice when establishing guilt under Section 14.

 

CONCLUSION 

It is important to address the issue of fake cases filed by individuals, regardless of gender, for personal benefit. Such cases can cause significant harm to the accused and waste valuable judicial resources. The court's decision to refuse the dismissal of a rape case based on compromise reflects the need to deal firmly with false allegations and prevent their misuse. It is essential to strive for gender equality in society. Both men and women should be treated fairly and given equal opportunities. While it is crucial to protect victims of sexual harassment and assault, it is equally important to ensure that innocent individuals are not falsely accused and their lives ruined. Gender equality involves promoting a balanced and unbiased approach in dealing with cases and providing equal protection under the law for all individuals, regardless of their gender. By fostering a society that values fairness and equal treatment, we can create an environment where both men and women can thrive without fear of false accusations or discrimination.

 

REFERENCES

https://www.ungender.in/false-sexual-harassment-complaint-what-does-posh-act-say/

https://www.scconline.com/blog/post/2023/04/12/cruelty-against-married-woman-latest-supreme-court-judgments-on-498a-in-2022/#:~:text=In%20case%20of%20Kahkashan%20Kausar,specific%20allegations%20of%20dowry%20demand.