This Article is written by Parmar Vishal Maheshbhai, a Law Graduate of Anand College Of Legal Studies

MISUSE OF LEGAL PROVISIONS BY WOMEN IN INDIA

In India, many people are still struggling with the issues related to gender equality. and the reason behind is that many girls are playing with our laws in India. Laws like Section 498A of the Indian Penal Code, the Protection of Women from Domestic Violence Act, and the Sexual Harassment of Women 2013 have been created for the purpose of women's safety from domestic violence, dowry harassment, and workplace harassment.

While these laws are very important for the protection of women's rights, in some areas they misuse those laws. It is important to make a point about how women misuse our law, which creates for their protection.

OVERVIEW OF WOMEN'S PROTECTING LAW

1. Section 498A (IPC):

In the Indian Penal Code 1983, Section 498A is introduced for women's protection against women's by husbands or in-laws, especially related to dowry demands. This is a non-bailable offense, so police officers can arrest them without warrant.

2. PWDVA (The Protection of Women from Domestic Violence Act, 2005):

This act gives protection to women from physical, sexual, emotional, and financial mistreat in relationships. It allows women to claim maintenance, residence, and protection.

3. The Dowry Prohibition Act, 1961:

This law clearly says that giving and taking of dowry is illegal because this thing can lead to harassment, domestic violence, and deaths of women across India.

4. The Sexual Harassment of Women at Workplace Act, 2013:

Also known as the POSH (Prevention, Prohibition, and Redressal) Act, it was created to secure women's protection from sexual harassment in the workplace. It includes provisions for preventive measures, inquiry mechanisms, and strict punishments.

HOW WOMEN MISUSE OUR LAWS

The laws mentioned above are sometimes used to settle personal revenge satisfaction, harass others, or put unnecessary pressure on men and their families. This misuse can harm the value of real cases, make actual problems seem unserious, and because of all that, many people can lose trust in the legal system. The following situations show how women misuse our provisions.[1]

MISUSE OF FALSE DOWRY & CRUELTY CASES (498A)

Section 498A of the IPC is the most misused law in India. This law's main intention is to prevent dowry harassment and protect women from cruelty. Some women have misused the law by making false allegations of cruelty against their husbands and in-laws, even in some cases where no such offense has taken place.

Section 498A allows arrest of the accused without a warrant. Once a complaint is filed, the husband and his family can be arrested and face some possibility of imprisonment. It is a non-bailable offense, so the accused (his husband and his family) has passed through an overlong legal process to prove their innocence.

Many studies and some high court and supreme court judgments highlight the misuse of Section 498A in India. In the case of Rajesh Sharma & Ors vs. State of Uttar Pradesh & Anr (2017), the Supreme Court noted that Section 498A is just a tool for women to harass their husbands and in-laws, so it is important that police officers can't arrest them without proper investigation.[2]

MISUSE OF DOMESTIC VIOLENCE LAW

An answer to the age-old issue of domestic abuse in India was given a statutory recognition with the enactment of The Protection of Women from Domestic Violence Act, 2005(PWDVA). These may include the right to seek protection from physical, psychological, or financial abuse and the ability to apply for residence orders and maintenance.

But the law has also been abused by some women to file false complaints of domestic violence just to settle a score with their male partners or gain an advantage in divorce and child custody cases. Because the law gives no-fault relief and offers a fast process without demanding much proof at the point of lodging a complaint, it has sometimes been abused. (2)

Domestic violence false accusations wreak damage to reputation, livelihood, and lives of innocent men, as well as taking from the resources of the judicial system.[3]

MISUSE OF DOWRY PROHIBITION ACT, 1961

Poverty and the resulting greed have been such that in some cases women have had to die such unbearable suffering, this time additional as they are burnt alive due to a tradition as evil practice called dowry- The Dowry Prohibition Act, a remarkable piece of legislation which aimed at eradicating it has bought us closer to those haunting question dos we care? But the law has in some cases been misused by women to implicate their husbands or in-laws, charging them with demanding dowry just because they want money or have a dispute with them.

The threat of registering false dowry harassment cases employed by women in subtle ways have been bargaining points at the time of seeking mercy as part of divorce or separation. Because of the harsh dowry laws and presumption against iron, most men and their families find it extremely difficult to prove themselves innocents.

The Supreme Court has recognized the misuse of dowry laws in many of its directives and thereby nudging society to reform. Obviously, it is still a significant issue with all the false allegations of today.[4]

MISUSE OF SEXUAL HARASSMENT LAWS

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was a much-needed step towards providing an environment where women feel safe in their own workplaces. Furthermore, it lays down the mechanisms to prevent as well as address sexual harassment cases.

But there have been instances when woman to resort to using this law absurdly filing false complaint of sexually harassment just to settle their personal scores, professional advantage or target a particular individual. A simple entry of sexual harassment in your HR records destroys the life and career of the accused beyond repair.

In many cases the allegations of workplace harassment in complaints have been an unmitigated fraud or based on malice and personal vendetta The impact of false accusations is not limited to merely the accused, it also affects anyone else trying to gain justice for actual victims.[5]

Consequences of Misuse

The misuse of women-centric laws has wide-reaching consequences, both for individuals and for society:

1. Men's Innocence is Injustice:

The most telling and grave outcome is the injustice suffered by innocent men and their families who undergo the easily made false accusations. They may come under arrest, lose their reputation, be burdened financially, and suffer emotionally because of these false claims.

2. Social Consequences and Stigma:

Once a man is accused of any of the crimes listed above, the social stigma attached to them can become so strong that it will be very difficult to get rid of even when he is proven innocent. Society usually thinks of them with distrust which can cause them to have difficulties in their private and working lives for a long time.

3. Judicial Overloaded:

The false complaints consume the court's time thus causing the delay for the real victims to get the justice they deserve. The courts and law enforcement agencies waste valuable time and resources on investigating false claims, which is a distraction from legitimate cases.

4. Sabotaging the Real Victims:

The abuse of the laws is the reason behind the intensifying skepticism about the veracity of women's complaints, which is rather detrimental to the real victims of such abuse and harassment. Real victims may encounter more obstacles in being taken seriously because society and the legal system become more careful in responding to the women's complaints.

CONCLUSION

This still is a serious misuse of women-centric laws in India; but it is important to remember that they were brought into use for the greater good and as a safeguard against actual atrocities being inflicted upon women. That solution is not to relax those statutes, however, but to have sufficient public checks against their misapplication. This may consist of a harsher punishment for making false cases, improved methods of investigating and equipping police with training to discern between genuine and false cases.

If India is serious about offering women what the laws were meant to do, it would first need to address the problem of misuse thereby making sure that these legal provisions are not wrongly enchased while ensuring that justice prevails and fair play for all parties concerned.

REFERENCES

[1]Sushil Kumar Sharma v. Union of India (2005) IndianKanoon <https://indiankanoon.org/doc/1172674/ > accessed on 16/09/2024.

[2]Sushil Harkuli , Rajeev Verma And Ors. vs State of U.P. And Ors. Indian Kanoon < https://indiankanoon.org/doc/1766858/ > accessed on 28/09/2024.

3.Sunil Kumar Awasthi, Ramesh Chandra Sharma vs Smt. Meena Indian Kanoon < https://indiankanoon.org/doc/95141542/ > accessed on 25/09/2024.

[4] A.K,Sikri, Varsha Kapoor vs Uoi & Ors. Indian Kanoon < https://indiankanoon.org/doc/126595064/ > accessed on 28/09/2024.

[5] V. Parthiban, Thabitha David vs The Commissioner of Labour Indian Kanoon < https://indiankanoon.org/doc/150119284/ > accessed on 24/09/2024.