Protection and Preconception? A Critical Analysis of Women Oriented Law and Need Procedural Safeguards

Authored By: Diksha Kumari

Career College of Law

INTRODUCTION

The experience of suffering is universal and does not adhere to gender boundaries. A woman who is genuinely victimized suffers to the same extent as a man falsely accused, and vice versa. While the current era witnesses growing apprehension regarding the exploitation of laws designed to protect women, addressing this solely as an isolated issue risks normalizing its occurrence. However, the question that arises in such a situation is whether the misuse of beneficial legislation should diminish its necessity or should instead prompt reforms in its implementation.

Article 14 of the Constitution of India 1950 guarantees “equal protection of law”, yet deficiencies in procedural safeguards can infringe upon the fundamental rights of the accused, signifying a state failure. It gives rise to vital concern about how a constitutional democracy can provide adequate protection for women while also upholding the process rights of those accused.(144)

EVOLUTION AND NECESSITY OF WOMEN’S LAWS IN INDIA

Looking back to the commencement of the Constitution of India, there existed a significant gap between the constitutional promise and the social reality of equality between men and women. In a patriarchal society like India, practices such as domestic violence, coercion, harassment, trafficking, dowry death, Sati, the miserable condition of widows, child marriage, rape, and sexual exploitation were widespread. In modern times, workplace harassment and cybercrimes like objectification of women’s bodies and online harassment have also emerged as significant concerns. Women often lacked the social, legal, and institutional support necessary to raise their voices against such oppression.

To uphold the constitutional mandate of equality and justice, Parliament enacted various women-oriented laws to safeguard the rights of women and provide them with legal protection:

– The Dowry Prohibition Act 1961*: Enacted to reduce dowry-related violence. However, in 2023, 6,156 dowry deaths were recorded in India, indicating that this social evil persists despite criminalization.

– The Protection of Women from Domestic Violence Act 2005*: Provides immediate protection and civil remedies to women. Unfortunately, the NCRB report of 2023 states 1,33,676 numbers of cases of cruelty by husband or relatives were registered, it was one of the largest categories (about 29.8%) of crimes against women.

– The Protection of Children from Sexual Offences Act 2012*: A comprehensive framework includes girl children to protect from sexual offences. Yet, according to NCRB data, 1,71,335 cases of crimes against children were registered in 2023, showing a 9.2% increase over 2023.

– The Criminal Law (Amendment) Act 2013*: Enacted following the 2012 Delhi gang rape to expand the definition of sexual offences and strengthen punishments. Despite this, 29,670 rape cases were registered in 2023, and total crimes against women reached 4,48,211.

– The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013*: Implemented the guidelines laid down by the Supreme Court to ensure women’s safety at the workplace.

The persistence of gender-based violence demonstrates that women-oriented laws remain a legal necessity. But can its necessity exclude examination of its misuse? It is this balance that the subsequent chapters seek to examine.(347)

MISUSE OF WOMEN ORIENTED LAW

Every Case has two Sides; where there is legal protection, there is also the possibility of misuse, while a large number of complaints filed under women-oriented laws are bona fide and continue to provide protection to victim, instances to mala fide Complaints has been recognized by the judiciary and the Government. In Certain Cases, the legal protection afforded by women-oriented law has been misused by filing false or exaggerated Complaints against the accused, leading to Concern regarding abuse of legal process.

According to information placed before parliament by the Ministry of Home Affairs on the basis of National Crime Records Bureau (NCRB) data, 10,193 Cases (2011), 10,235 Cases (2012) and 10,864 cases (2013) registered under Section 498 A (IPC) or Section 85 of (BNS) were found to be false or based on a mistake of fact or law after police investigation. However, the Government also clarified that there is no direct evidence or Study to Conclude that Section 498A (IPC) now S 85 (BNS) is one of the most abused laws in the Country. In the Case of Arnesh Kumar v. State of Bihar, the SC of India Observed that the fact that “Section 498-A IPC is a Cognizable and non-bailable offence has lent it a dubious place of pride among the provisions that are used as weapons rather than shield by disgruntled wives”.

Concerns regarding the misuse of Section 498A are not recent. The Committee on Reforms of the Criminal Justice System, chaired by Justice V.S. Malimath in 2003, observed that “less tolerant impulsive woman [sic] may lodge an FIR even on a trivial act. The result is that the husband and his family may be immediately arrested and there may be a suspension or loss of job.” The 243rd Report of the Law Commission of India also acknowledged allegations of misuse of the provision and examined the need for procedural safeguards, while maintaining that such concerns did not justify weakening the protection afforded by the law.(328)

WHY MISUSE CANNOT BE A GROUND TO DILUTE WOMEN’S LEGAL PROTECTION;

A Branch of the Supreme Court of India Consisting of Justice Dalveer Bhandari and Justice K.S Radhakrishnan, in Preeti Gupta & Anr. v. State of Jharkhand & Anr. made a balance observation while addressing misuse of Section 498A (IPC), the Court also expressed its serious concern on rapid increase in the number of genuine cases of dowry harassment.According to NCRB report, In 2023 the total number of Crimes against women reported was (4,48,211). Other major offences include (6,156) Cases of dowry death, (29,670) cases of rape, (83,891) cases of Assault on Women with intent to Outrage modesty, and Cruelty by husband or his relatives Constituted the largest Category among them.

It’ is interesting to notice that there is not a single data which can support the widespread of misuse, while there is absence of statutory mechanism under criminal laws for men to register complaints regarding matrimonial disputes may be a justified reason, qualitative and/or quantitative empirical research is still not available. Therefore to what extent can allegations of widespread misuse be sustained in the absence of reliable empirical evidence?

Women misusing the law require to have enough economic and social resources family backing, time and strong determination to fight prolonged legal dispute till the end, but the question is how many women have this position and privileges?

Additionally, there may be instances where offences are not even registered. studies reveal that women hardly raise complaints only for mental and/or economic violence and hesitate to talk about sexual violence and marital rape (which is not an offence in India). On the other hand, acquittal in specific Cases Cannot be Construed as evidence of abuse of law, As lack of evidence, deficit investigation, hostile witnesses and other factors may Contribute to Such outcome.

The Supreme Court of India recently reaffirmed that the possibility of misuse cannot be a ground to strike down or dilute the laws. While misuse may occur in some cases, the law must continue to play a vital role in protecting genuine women victims. Such a pragmatic scenario raises concerns regarding continued need of protection of women. But also forced to think that when a legal protection and individual liberty appear to collide where should the law draw the line?(371)

HAS THE CRIMINAL JUSTICE SYSTEM FAILED TO BALANCE VICTIMS’ RIGHTS AND RIGHTS OF THE ACCUSED?

The Criminal Justice System is under a Constitutional obligation to ensure justice while adhering to the rights guaranteed by the Constitution of India. Although Article 15(3) empowers the State to make Special provisions for women, Article 21 guarantees the right to life and personal liberty to both victim and the accused. Furthermore, Article 32 provides the right to Constitutional remedies, including the writ of habeas corpus, to safeguard. The Supreme Court has repeatedly emphasized procedural Safeguards and judicial Caution in case involving allegations under women-oriented laws. In Rajesh Sharma v. State of Uttar Pradesh, the Court attempted to introduce procedural Safeguards before arrest, by taking note of Concerns regarding misuse, although Some of those directions were subsequently modified.

Similarly, Ministry of Home Affairs issued advisories to all State and union territories directing the police to exercise due caution in case registered under Section 498 (IPC), now section-85 (BNS). However, despite these judicial and executive interventions, Systemic delays Continue to undermine the effectiveness of Criminal Justice System. As per the National Judicial Data Grid – more than 4.91 Crore Cases are pending before district & Subordinate Courts. The procedural delay is one of the prominent reason to harassment of the accused.

The Justice V.S. Malimath Committee (Committee on Reforms of Criminal Justice System, 2003) recommended that Section 498 A of the IPC be made Compoundable with permission of the Court and bailable, so as to prevent unnecessary arrests while preserving protection for genuine victims. However, these recommendations have not been implemented at national level.

The Criminal Justice System addresses the Concern of abuse of the law, however continues to face Challenges in achieving an effective balance between rights of genuine victim and rights of accused.(283)

REFORMS: CAN ABUSE OF PROCESS BE REDUCED WITHOUT WEAKENING PROTECTION FOR WOMEN?

When a law enacted to protect vulnerable women also become vulnerable to misuse then how should the legal system respond without compromising justice? It puts another point of consideration that even if reforms take place will it able to prevent misuse of law while protecting women? If yes how should be such reforms look like?

Considering this scenario these following reforms deserve serious Consideration;

Time-bound Investigation and trial: Delays in investigation and trial prolong the Suffering of both the victim and the accused. Ensuring a Speedy investigation and trial would uphold right to speedy trial under Article 21 of the Constitution.
Preliminary Enquiry: The cases which are non serious in nature should backed with a compulsory preliminary Enquiry bt the police authorities.
Strict punishment for harassment: Person who deliberately misuse the due process of law and disrespect precious time of court by false and malicious tricks to win or delay should punished despite of their gender.
Statutory reforms: The law should provide appropriate statutory measures to address misuse. It is essential that, where a Complaint is judicially found to be deliberately false, malicious, or an abuse of the process of law, must subject to appropriate Compensation. At the same time, the Punishment for genuine offenders should be effectively enforced to maintain the deterrent purpose of women-oriented laws.
Strengthening Investigation: Specialized training should be provided to investigating officers dealing with matrimonial offences. The effective use of technology, digital evidence, and forensic methods of investigation can improve the quality of investigation, reduce abuse of process and ensure better protection for genuine victims.

Such reforms Can reduce abuse of process and misuse of women-oriented laws without weakening women protection. A such approach would strengthen Public Confidence in law and Justice System.(288)

CONCLUSION

Power Carries with it a Corresponding responsibility. The legal protection afforded to women by law should be exercised with a sense of responsibility and in good faith. However, the judiciary has repeatedly observed that the misuse of legal provisions is not Confined to women-oriented laws; Various laws are Susceptible to abuse regardless of gender of the parties involved. Therefore, Concern regarding the misuse of a particular law should not be viewed in isolation or used as a ground to undermine its legislative purpose.

This article has attempted to present a Critical analysis of both the necessity of women-oriented laws and the Concerns regarding their misuse, while leaving readers free to formulate their own informed opinion. Ultimately, Justice demands appropriate punishment for offenders, procedural fairness to accused, along with victim and equal protection of law along with preservation of Fundamental rights.

In this regard, the Words of Justice Benjamin N. Cardozo remain profoundly relevant;

“Justice, though due to the accused, is due to the accuser also. The Concept of fairness must not be strained till it is narrowed to a filament.” (180)

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REFERENCES AND BIBLIOGRAPHY

Constitutional Provisions

Constitution of India, arts 14, 15(3), 21 and 32.

Statutes

Dowry Prohibition Act 1961.
Protection Of Women From Domestic Violence Act 2005
Protection Of Children From Sexual Offences Act 2012
Criminal Law (Amendment) Act 2013
Sexual Harassment of Women at Workplace (Prevention, Prohibition And Redressal) Act 2013
Indian Penal Code 1860, s 498A
Bharatiya Nyaya Sanhita 2023, s 85

Cases

Preeti Gupta v State of Jharkhand (2010) 7 SCC 667.
Arnesh Kumar v State of Bihar (2014) 8 SCC 273.
Rajesh Sharma v State of Uttar Pradesh (2017) 8 SCC 746.
Snyder v Massachusetts 291 US 97 (1934).
Janshruti (People’s Voice) v Union of India 2025 INSC 536.
Social Action Forum For Manav Adhikar v Union of India (2018) 10 SCC 443.

Government Reports

National Crime Records Bureau, Crime In India 2023 (Ministry Of Home Affairs, Government Of India 2024)
National Judicial Data Grid, Department Of Justice, Government Of India.
Ministry Of Home Affairs, Advisory To States And Union Territories Regarding Arrest Under Section 498 IPC.

Committee Reports

Committee On Reforms Of Criminal Justice System (Justice V S Malimath Committee), Report Of The Committee On Reforms Of Criminal Justice System (Ministry Of Home Affairs 2003)
Law Commission Of India, 243 Reports On Section 498 IPC (2012)

Quotation