MISUSE OF WOMEN CENTRIC LAWS: A RISING TREND

ABSTRACT

The women were deprived from their rights and freedom from a late century, but we are in a age where society is continuously developing and finding way to establish harmony among both the genders’. The position of women now is not the same as it was in the later centuries. Today almost every human right is available to them. But what if they are being misused. The misuse of women-centric laws is a rising trend that has garnered significant attention in recent years.

Women-centric laws, such as those addressing domestic violence, dowry harassment, and sexual harassment, have been enacted with the intention of safeguarding women’s rights and ensuring their protection. However, there has been a growing concern that these laws are being misused for personal gain or to settle scores, leading to an unjust and biased legal system.

The consequences of this rising trend are multifaceted. On one hand, genuine victims of violence and harassment may face skepticism and disbelief due to the prevalence of false accusations. This undermines the credibility of legitimate cases and hinders justice for those who truly need it. On the other hand, innocent individuals may suffer severe consequences, including reputational damage, loss of employment, and mental distress, as a result of false allegations.

To address this issue, a comprehensive approach involving legal reforms, awareness campaigns, and improved training for law enforcement officials and judicial personnel must be made. It emphasizes the need for a balanced legal framework that protects both the rights of women and the principles of justice and fairness. Additionally, it calls for a shift in societal attitudes towards gender equality and the elimination of stereotypes that perpetuate the misuse of women-centric laws. By addressing this issue, we can strive towards a more equitable and just society for all.

Keywords: Women-centric laws, misuse, false allegations, Gender-neutral, gender equality, women’s rights

RESEARCH METHODOLOGY

This research paper adopts a descriptive and doctrinal approach, relying primarily on judicial         pronouncements, statutory provisions, and secondary literature to analyze the issue of misuse of women-centric laws. The methodology is grounded in qualitative research, focusing on interpretation and evaluation of case laws under the Indian Penal Code, the Protection of Women from Domestic Violence Act, and other related legislations.

The sources include:

– Primary data: Case laws from the Supreme Court of India and various High Courts, along with  relevant statutory provisions.
– Secondary data: Commentaries, scholarly articles, and reports highlighting the misuse of women-centric legislations.

By employing doctrinal analysis, the study examines how courts have interpreted these provisions and identifies patterns of judicial concern regarding misuse. This methodology enables a critical evaluation of the tension between protecting women’s rights and preventing false or frivolous litigation.

This research paper is of a descriptive nature, analysing the various court judgements and news articles for research purposes.

REVIEW OF LITERATURE

Women-centric laws have been instrumental in addressing gender disparities and empowering women in various societies worldwide. These laws, designed to protect and promote women’s rights, cover a wide range of issues, including domestic violence, workplace discrimination, and gender-based crimes. While their intentions are commendable, concerns have arisen regarding their misuse, which can have unintended consequences.

INTRODUCTION

Many laws have been enacted in India to safeguard women. Women were historically subjected to violence and abuse prior to the enactment of these laws. As a result, legislators and lawmakers have made it clear that some gender-specific provisions that will protect women will be included. We can see that there have been some changes to the laws over time that have further strengthened them, making those even stronger. While the rationale is undoubtedly correct but vision which they were intended of before enacting the gender-specific laws did not achieve the goal.

Women-centric laws refer to a set of legal provisions and regulations specifically designed to address the unique challenges and issues faced by women in society. These laws aim to promote gender equality, protect women’s rights, and ensure their empowerment in various spheres of life, including education, employment, marriage, domestic violence, sexual harassment, and reproductive rights.

The importance of women-centric laws in promoting gender equality cannot be overstated. These laws play a crucial role in dismantling systemic barriers and discrimination that women face, allowing them to fully participate in all aspects of society. By addressing issues such as unequal pay, limited access to education and healthcare, and violence against women, these laws help create a more equitable and just society for all individuals, regardless of their gender. Additionally, women-centric laws contribute to changing societal norms and attitudes towards women, fostering a culture.

RECENT INCIDENTS

1. Recently, Bombay High Court’s Bench led by Justices Revati Mohite Dere and Gauri Godse while deciding a habeas corpus petition, filed by father for the child against the mother, observed:“39. On perusal of the pleadings and documents on record, we find that the proceedings initiated by the respondent in India appear to be afterthought only with the intention of not allowing the petitioner to take the child back to the US. There is no satisfactory explanation forthcoming from the respondent for not allowing the petitioner to meet their child on his first birthday.”[1]
2. In State Govt of NCT of Delhi v. Mohd K.[2], the Delhi High Court upheld the acquittal of a Muslim man and dismissed the application for granting to leave on the grounds that the girl was his wife and had engaged in sexual intercourse only after getting married.

The facts were as follows:

1. A FIR was lodged at a police station in Delhi by the victim along with her mother against her elder sister’s husband. The accused was charged with the charges of rape. Besides the fact that the accused and the victim had married each other in December, 2014, when she went to her cousin sister’s wedding in Bihar along with her mother, the accused, and his wife. She married the accused after attending the marriage ceremony and had physical relations on several occasions, thereafter.[3]
2. In Rajesh Sharma and Ors. v. State of Bihar [Rajesh Sharma & Ors. v. State of Bihar, (2017) 9 SCC 516 (India).], the court has directed the creation of welfare committees in every district, directions to avoid the misuse of Section 498-A of IPC, consisting of para-legal volunteers, officers’ wives, social workers, and other volunteers, to investigate cases related to Section 498-A of IPC received at the police stations. The committees will discuss the issue and provide a report to authorities, preventing arrests until the committee’s report is received. The magistrate will review the report, and the court allows the legal services authority to provide training to committee members periodically.
3. In the case of Sejalben Tejasbhai Chovatiya vs. State of Gujarat[4], the petitioner (the wife) did not state in the facts that she was receiving an income of Rs. 40,000 per month from the business. She also stated that she was performing all the domestic/household work but she never once received an income in exchange. Because of this false evidence adduced by the petitioner, she had committed perjury. The court said that the laws which usually favor the women have been misused by providing false evidence and for the above reasons, the court dismissed the petition.
4. In the case of Savitri Devi v Ramesh Chand & Ors [Savitri Devi v. Ramesh Chand & Ors., 2003 (104) DLT 824 (Del. HC).], the judge has stated that, women centric laws are created for the benefit of the women who are subjected to domestic violence and other violence against women, but these laws have been misused by dragging the far relatives of the husbands into the case, even the minors and grandparents. Women are filing a case against 10-15 people at once. When the cruelty or an offence was committed by only the husband or the in-laws or both, the case should be filed against those people alone and not the whole family of the accused.
5. The same view point was held in the case of Kanaraj vs. State of Punjab [Kanaraj v. State of Punjab, AIR 2000 SC 2140 (India).], where the judge stated that the relatives of the husbands cannot be involved in the case unless the accusations are proved beyond reasonable doubt. If this cannot be proven the relatives of the husbands cannot be included in the case for the fault of the husband. The judge also stated that, in order to get justice for dowry deaths, the family of the deceased tend to involve as many members of the family as they can. This act can affect the prosecution and eventually weaken the case against the culprit.

NOTABLE JUDGEMENTS

1. In the case of Varun Bhatia v State and Another [Varun Bhatia v. State & Anr., 2023 SCC OnLine Del 3493 (India).], the Delhi High Court held the following views;
2. “The mere fact that legislation is designed to address specific gender-related concerns should not be misconstrued as being inherently biased against the opposite gender or being anti-men wherever applicable. To repeat, it is crucial to recognize that gender-specific laws are not meant to be “anti-opposite gender” but rather serve the purpose of addressing unique issues faced by a particular gender,” Justice Swarana Kanta Sharma ruled.
3. “Irrespective of the gender-specific nature of a law, the judicial duty fundamentally requires unwavering neutrality and impartiality. The judge’s role is to objectively interpret and apply the law, free from any form of gender bias or predisposition. Gender-specific legislation exists to address the unique concerns and challenges faced by particular genders within society. However, this does not imply that the judge is to be influenced or swayed by gender-related factors when administering justice unless specific presumptions are legislated in favour of a particular gender in law,” the court said.
4. “The mere gender specificity of a legal provision does not automatically create a presumption in favor of that gender, unless such a presumption is explicitly articulated within the legislation itself. In other words, the Court should approach cases under Section 509 IPC with a neutral and impartial stance, treating and testing them in accordance with long established criminal legal principles of law and procedure,” the court said.
5. Allahabad High Court quashed a rape case titled Shivam Kumar Pal @ Sonu Pal And 3 Others vs. State Of U.P. And 2 Others [Shivam Kumar Pal @ Sonu Pal & Ors. v. State of U.P. & Ors., 2023 SCC OnLine All 241 (India).], noting that false first information report (FIR) was lodged in the case. The Court also imposed costs of ₹10,000 on the woman while quashing the case; and opined that the FIR was lodged to pressurize the petitioner and settle scores, and the court quashed the case. Thus, imposing costs on the woman. The bench also remarked that:”The criminal justice system cannot be permitted to be used as a tool for setting personal disputes by filing first information reports which are admittedly false,” the bench of Justice Anjani Kumar Mishra and Justice Vivek Kumar Singh remarked.
6. In the case of Vivek Kumar Maurya vs. State of U.P. And 3 Others [Vivek Kumar Maurya v. State of U.P. & Ors., 2023 SCC OnLine All 1827 (India).], the court observed that genuine cases of such sexual offences are now an “exception”. The Court also noted that a large number of cases are coming in courts wherein girls and women “take undue advantage” by lodging FIRs on false allegations after indulging in a long physical relationship with the accused. The court noted that:
7. “The time has come that courts should be very cautious in considering such bail applications. The law is heavily biased against males. It is very easy to make any wild allegations in FIR and implicate anyone on such allegations…,” the Court noted.
8. In the case of Manoj Kumar Arya v. State of Uttarakhand & Anr. [Manoj Kumar Arya v. State of Uttarakhand & Anr., 2023 SCC OnLine Utt 245 (India).], while quashing the pending criminal proceedings against a man for allegedly having sexual intercourse with a lady for decades on the false promise of marriage, the court opined:
9. “In fact, the offence under Section 376 of the IPC as of now in this modernised society is being misused as a weapon by the females to be misutilized, as soon as there arise certain differences between herself and her male counterpart, and rather it is being used as a weapon to duress upon the other side for a number of undisclosed factors, and it cannot be ruled out, that the provisions contained under Section 376 of the IPC are being rampantly misused by the females.”
10. In the case of Sandeep Kumar Mishra vs. State of U.P. [Sandeep Kumar Mishra v. State of U.P., 2022 SCC OnLine All 1402 (India).], the Allahabad High Court while granting bail to two men accused of committing gang rape against a married woman, observing that false implication in sexual offences is on a rise, stressed upon the inordinate delay in lodging the FIR has to be considered at the time of adjudicating bail plea.

NEED FOR CHANGE: LAWS WITH SOCIETY

Laws should be adjusted to accommodate the changing society, as women are increasingly harassing and subjecting men to cruelty. In India, false cases are causing doubts about the authenticity of genuine ones, which is unfair and injustice to those who have experienced past suffering. As a society, we must be vigilant in supporting those who have been falsely accused, regardless of region, religion, or ideology. This is incompatible with a society based on harmony and legitimate co-existence. Law and society should work together, with changes in one affecting the other. As a result, a shift in one law becomes crucial for the other.

 METHOD

This paper employs a doctrinal and descriptive method, analyzing case laws, statutory provisions, and scholarly commentary. It critically examines judicial approaches and evolving trends, highlighting the misuse of women-centric legislations while suggesting reforms for a balanced framework.

SUGGESTIONS

1. Strict and uniform rules and guidelines for sanctioning the abuse of gender laws should be established by the Courts abiding a lawyer too.
2. All genders must be treated equally under the law.
3. Society and lawmakers should think about punishing gender-neutral offences.
4. Scrutinize loopholes, if any, in the existing legislation relating to women vanishing ambiguity and facilitating strict interpretation.
5. Interpretation of women centric laws shall be made keeping in mind the innocent men’s lives must not be ruined.

CONCLUSION

Misuse of laws, particularly women-centric ones, is a significant issue that undermines the purpose and credibility of these laws. Lawyers can bring about changes by arguing against the lack of gender neutrality in these laws. They can initiate change and prevent egoistic women from harming the institution. Before amending laws, mandatory guidelines should be created to prevent misuse. Section 498A of the Indian Penal Code should be considered for amendment, as all genders deserve equal protection under the law.

Men have no option to seek protection under the law, and judges often favor women due to their history of domestic violence. Society is looking forward to crucial amends, especially for Section 498A[5] of the Indian Penal Code.

The misuse of women-centric laws has led to concerns about false accusations or unfair treatment of innocent individuals, which undermines the credibility and effectiveness of these laws. Striking a balance between protecting women’s rights and ensuring they are not exploited for personal gain or revenge is crucial. Efforts should focus on improving awareness and education about the purpose and proper implementation of these laws, rather than disregarding their importance.

This misuse not only undermines the purpose of these laws but also hinders progress towards gender equality. Addressing this issue requires implementing measures that ensure fair and appropriate application of women-centric laws while raising awareness about their intended purpose and benefits.

Reference(S):

[1] https://images.assettype.com/barandbench/2023-09/041a0f29-d483-4406-b5eb-1a798bb4de7d/Bombay_High_Court_order_of_September_14__2023.pdf.

[2] State Govt of NCT of Delhi v. Mohd K., 2023 LiveLaw (Del) 722.

[3] Live Law, https://www.livelaw.in/high-court/delhi-high-court/delhi-high-court-muslim-wife-15-years-sex-no-rape-husband-acquittal-235806 (last visited on 15th September, 2023).

[4] Sejalben Tejasbhai Chovatiya vs. State of Gujarat, (MANU/GJ/3099/2016).

[5] Penal Code, 1860, § 498A, No. 45, Acts of Parliament, 1860 (India).