INTRODUCTION

In the mid-twentieth century, a French philosopher, Simone de Beauvoir in her book “The Second Sex” penned down the secondary position of women, more or less, all over the world. Beauvoir raises the question, "What is a woman?" She contends that man is perceived as the norm or default, while woman is perceived as the "Other". She argues that humanity is defined as male, and woman is not defined autonomously but about man¹.

In India, women-centric laws were adopted to safeguard women from injustice and genderoriented discrimination. Although these laws are fundamental in the fight against pervasive gender-based violence and injustice, we are seeing recent emerging threats to society due to the rising trend in their exploitation. Cases of their manipulation for personal grudges or family disputes have been documented. Contributing to this exploitation are factors like power imbalances, socio-cultural influences, and inadequacy in awareness of gender sensitivity.

This paper will delve deeper into the intricate realities of such manipulation, whose repercussions are profound, and how such exploitation threatens to strengthen gender stereotypes and hamper the progress towards gender justice. Moreover, it leads to diminished public trust in the integrity of the judiciary, creating cynicism in their potency².

IMPACT OF MISUSE OF WOMEN-CENTRIC LAWS ON INNOCENT
INDIVIDUALS

History exposes the grim reality of women being sexualized and treated as sex objects and merely a tool for male gratification. In Indian society, women have frequently been epitomized as someone having great endurance for hardships and selfless sacrifice. While there has been increased awareness, many women continue facing sexual abuse in various settings, including educational institutions, workplaces, and even within their homes, unfortunately at the hands of family members. In response to these severe challenges, the Indian government introduced women-centric laws designed to protect them. However, in recent years, there has been an upsurge of documentation on these laws being manipulated, with some women allegedly using them to settle personal vendettas or derive financial advantage from their matrimonial connections³.

Sections 375, 376, and 498-A of the former ‘Indian Penal Code’⁴, along with the ‘Protection of Women from Domestic Violence Act of 2005’⁵ and the ‘Dowry Prohibition Act of 1961’⁶, are among the most commonly abused legal provisions. These laws, which were designed to safeguard women, have, in a few cases, been used to disadvantage men and their families. While the government has adopted various laws to protect women, there is a huge gap in provisions aimed at protecting men. Some women have been accused of leveraging these laws to gain financial aid or to defame men. The ‘Protection of Women from Domestic Violence Act of 2005’ provides legal safeguards to women who are abused by their husbands or in-laws, but it does not offer the same level of protection to men who experience abuse or harassment
from their wives or in-laws.⁷

These laws often overlook that men can also be victims of cruelty, dowry harassment, or abuse. Evidence provides that cruelty can be perpetrated by either spouse in a marriage. Therefore, there is a need for more balanced legal provisions that safeguard both men and women. Women-focused laws often reinforce gender imbalance and contravene Article 14 of the Indian Constitution, which guarantees equality before the law and equal protection for all individuals, regardless of gender, caste, creed, etc. However, the current legal framework fails to protect innocent men from such false accusations.

When fake accusations are lodged against innocent men and sometimes include their families as well, it has a profound impact on them. Due to the ulterior motives of some women, husbands are often embroiled in harsh legal proceedings. While cases of men being harassed by women are statistically lower, they do certainly exist. The notion that men are solely perpetrators in certain situations is an overly simplistic and damaging stereotype. It marginalizes their experiences, silences their struggles, and deprives them of much-needed support. This perspective reinforces harmful narratives, portraying men as inherently aggressive and women as passive victims, while overlooking the complexities of human behaviour. Such assumptions not only perpetuate stigma but also hinder progress toward true gender equality. A man suffers emotional distress, defamation, financial loss, extreme social stigma and society’s harassment and ridicule in the wake of the unfounded allegations. These genuine victims often resort to suicide due to extreme hopelessness and depression. Unfortunately, the current legal framework fails to consider such intricate realities.

OBSERVATION OF COURT ON MISUSE OF WOMEN CENTRIC LAWS - A Case
Study

Sejalben Tejasbhai Chovatiya vs. State of Gujarat8

Decided by the Hon’ble Gujarat High Court on October 20, 2016

Facts of the Case

The petitioner, Sejalben Tejasbhai Chovatiya, filed a Special Criminal Application under Section 482 of the Criminal Procedure Code (CrPC) seeking to quash an FIR lodged under Section 498A (cruelty to women by husband or his relatives) and other related provisions of the IPC. The FIR alleged harassment by the husband and his family.

Issues

1. Whether the allegations in the FIR were vague and lacked specific details.
   Judgment The Gujarat High Court quashed the FIR on the following grounds:

2. Whether the FIR and subsequent proceedings were legitimate or an abuse of legal process.

Judgment
The Gujarat High Court quashed the FIR on the following grounds:

1. Lack of Specificity in Allegations:
   The Court found that the FIR contained vague and generalized accusations. The petitioner failed to provide specific details regarding the alleged acts of cruelty.
   
2. Misuse of Section 498A:
   The Court observed that there has been a trend of misusing Section 498A as a tool to harass husbands and their families, which defeats the intent of the legislation designed to protect women from genuine abuse.
   
3. Judicial Scrutiny of Evidence:
   The Court held that in the absence of clear and specific allegations, continuation of the proceedings would lead to harassment of innocent parties, which is not the purpose of the law.
   
4. Abuse of Process of Law:
   The Court reiterated that Section 482 of the CrPC gives it the power to intervene and prevent the misuse of the criminal justice system.

Significance

This judgment reinforced the need for specificity in allegations under Section 498A and the importance of preventing its misuse. The ruling emphasized the role of courts in ensuring that laws aimed at protecting women are not exploited for personal vendetta.

THE SUICIDE OF ATUL SUBHASH AND HOW IT REFLECTS THE REALITY OF
OUR SOCIETY

Atul Subhash, a 34-year-old engineer with a specialization in Artificial Intelligence, committed suicide in Bengaluru on December 9. He left behind a 24-page suicide note, a 90-minute video, and a checklist outlining the alleged harassment by his estranged wife and her family. The note provides a detailed account of his alleged harassment by the legal system. His tragic death has sparked widespread concern over the misuse of Section 498A of the former ‘Indian Penal Code (IPC)’, now replaced by Sections 85 and 86 of the ‘Bharatiya Nyaya Sanhita (BNS)’⁹.

The tragedy of Atul Subhash highlights the misuse of dowry harassment laws and their colossal impact on innocent individuals. Atul's death, caused by legal struggles stemming from extortion attempts and fake accusations by his wife, is a potential ultimatum of a rising trend. Misuse of Section 498A of the then Indian Penal Code has led to injustices to numerous men facing irremediable gashes to their reputations. Atul’s case exemplifies the emotional and psychological toll inflicted by such remorseless accusations. These false cases underscore the very principle of law and devastating lives.¹⁰ With this incident coming to light, we are also witnessing a disturbing surge in cases having uncanny similar pattern. It highlights the disconcerting image of our society as well as the current legal framework.

However, legal experts and practitioners urge critics to examine the whole framework of marriage, marital laws, and the roles of various stakeholders, such as the police, mediators, and judiciary, instead of solely blaming an individual woman.¹¹

INTERVENTION

Some suggested defences:

• Defamation Lawsuit: The husband has the right to file a defamation lawsuit under Section 500 of the former IPC and Section 356 of the BNS if the wife makes fake allegations of cruelty against her husband and in-laws.
  
• Criminal conspiracy: Section 120B of the former ‘Indian Penal Code’ and section 61 of the BNS define criminal conspiracy as an offence. If a husband can prove that his wife is involved in a criminal conspiracy thereby resulting in fake accusations against him and his family members then the husband has the right to initiate a counter case against his wife for criminal conspiracy.
  
• Providing false evidence: Section 191 of the former IPC and section 229(i) of BNS explains that ‘providing false evidence’ is an offence. If the wife frames false evidence against her husband, then the husband can challenge the court by filing a counter case for wrongful framing.
  
• Penalties for criminal intimidation If the wife has threatened to physically harm her husband and his family members then the husband has the right under Section 506 of the former ‘Indian Penal Code’ and Section 351(2) of BNS to file a counter-complaint against her, which deals with the punishment for criminal intimidation. ¹²
  

In Rajesh Sharma v. State of U.P.¹³, the hon’ble Supreme Court of India issued guidelines to address the misuse of Section 498A of former IPC in dowry harassment cases while safeguarding women's rights by recommending the establishment of ‘Family Welfare Committees’ to evaluate complaints before making arrests. It emphasized the need for senior police officers' approval before any arrests under Section 498A, which aims to safeguard innocent individuals from being detained solely based on unverified complaints¹⁴.

From time immemorial, society has witnessed various "gender-oriented" crimes. Women have been predominantly targeted by these crimes, breeding a common belief that most offences are committed against them, driven by societal tendencies to suppress and marginalize them. While this belief is supported by statistical evidence, it does not negate the reality that men can be on the receiving end of such crimes as well. Laws play a vital role in shaping justice, and it has been necessary to enact legislation to safeguard women. It can be argued that such laws are often misused. While generalizations should be avoided, and the harsh realities faced by women in society cannot be dismissed, these challenges cannot serve as a justification for the manipulation of such laws by some individuals. Crimes like sexual assault, rape, dowry harassment, and cruelty are contentious and pressing issues. Such deliberate misuse undermines the struggles of countless women who genuinely need and deserve justice and has come a long way in evolving the feminist movement for centuries. False accusations dishonour the credibility of these laws and cast cynicism on legitimate cases. Such actions create a disdainful perception that false reporting is a widespread trend, causing genuine victims to face scepticism and additional struggles. This casts a grim layer over the authenticity of their experiences.¹⁵

To prevent the wrongful detention of genuine victims, the police authorities must conduct a thorough investigation before wrongfully arresting them. The investigating agencies also must not act out of external pressure and look into the situation with efficiency. The ultimate goal should not be deleting the provision but providing adequate safeguards and thorough investigations to protect the innocent.

Author:
Meghnila Chakraborty
5th Semester, Heritage Law College, Kolkata

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FootNotes:

¹ S de Beauvoir, 'Second Sex (Alfred A Knopf 1953) xv–xxix', Internet Archive, accessed 22 December 2024
² Akhil Kumar. "Misuse of women centric laws in India". Journal of Legal Research and Juridical Sciences (2023) VOL. 2 ISSUE 3: 8-1.
³ Aman Rai. "Women-centric laws in India: Beneficial or Inimical". International journal of advanced legal research (2023) [ISSN (O): 2582-7340]
⁴ Indian Penal Code 1860
⁵ The Protection of Women from Domestic Violence Act 2005
⁶ The Dowry Prohibition Act 1961
⁷ Riya Mishra, 'The gender advantage: Women who misuse it & men who bears it' (2019) Times of India accessed 22 December 2024
⁸ 2016 SCC ONLINE GUJ 6333 . 2018 HLR 1 246.
⁹ Bharatiya Nyaya Sanhita 2023
¹⁰ 'False cases weaken dowry harassment law' (2024) Deccan Herald <https://www.deccanherald.com/opinion/editorial/false-cases-weaken-dowry-harassment-law-3315633> 22 December 2024.
¹¹ 10. Apoorva Mandhani, "Who ‘killed’ Atul Subhash? Marriage laws plagued by rotten ecosystem & corrupt stakeholders" (2024) The Print <https://theprint.in/judiciary/who-killed-atul-subhash-marriage-laws-plagued-by-rotten-ecosystem-corrupt-stakeholders/2414724/ > 22 December 2024.
¹² Neha Das, Prithwish Ganguli. "Section 498A IPC: Balancing Protection and Misuse" SSRN 5021047 (2024)
¹³ Rajesh Sharma v. State of U.P. (2017) 3 SCC 821.
¹⁴ Priya, 'Case Summary: Rajesh Sharma v. State of U.P. 2017' (2024) LegalFly <https://legalfly.in/case-summary-rajesh-sharma-v-state-of-up/#faq-question-1725148088965> 22 December 2024.
¹⁵ Soumya Pandey, 'Misuse of Gender Laws in India' (2021) Law Colloquy <https://lawcolloquy.com/publications/blog/misuse-of-gender-laws-in-india/212> 22 December 2024.