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India as a nation has always been looked upon as a male dominated society and hence the laws of the country are drafted as such in order to favour and protect the rights of the women as victims. Indian laws have always been the skeleton of its society’s system. Although the country has crossed many landmarks in the history of gross rate of development, society’s norms still pull it back when it comes to acceptance in the form of equality at workplaces, employment or public spaces etc. 

When it comes to violence, women in our nation are often the topic of discussion. It is always assumed that men committed the crime. Violence is now widespread in society and is no longer just a problem for women as a result of recent social and economic changes. Even men can be subjected to verbal, physical, emotional, psychological, and sexual abuse. Since our rules support the treatment of women as violent victims, males do not disclose these abusive acts and suffer in silence. These defenceless males don't look for justice or remedy for their appalling circumstances in their families and in society. The article will highlight the misuse of matrimonial laws in our country and its consequences and causes through the help of judicial guidelines. 

Legislations that are Women Centric and their Misuse: 

1. Protection of Women from Domestic Violence Act, 2005: It is an important law that aims to safeguard Indian women from various forms of domestic abuse. It defends women who are frequently the targets of physical, emotional, sexual, verbal, and mental abuse.

2. The Dowry Prohibition Act, 1961: It prohibits attempting to provide or take dowries from women before to, during, or after marriage. This act forbids the bride, the bridegroom, and their families from receiving or providing dowries at the time of marriage.

3. The Hindu Adoption and Maintenance Act, 1956: act that has made it possible for women to live decently following divorce. The Maintenance Act is essential to ensure that a woman and her children continue to live in the same manner as they did before their marriage ended. The Maintenance Act guarantees the provision of money for things like housing, food, clothing, and education. Until she gets remarried, the man is obligated to support the woman.

4. Indian Penal Code, 1860: In 1983, Section 498-A was introduced. This provision protects married women against abuse and dowry harassment by their husbands or any of the husband's relatives. Section 498-A definition of ‘cruelty’ includes acting in a way toward a woman that could push her toward suicide. Dowry fatalities are discussed in this section. It also involves harassing a woman or a member of her family in an effort to persuade them to perform an illegal demand such as real estate or any other valuable thing.

While the aforementioned women-centric laws are essential to safeguarding the rights of women, there have been occasions where women have abused these rules to their personal advantage. It has been reported that there has been a noticeable increase in recent years in the number of false cases filed by women against males accusing them of crimes they have never committed, including false allegations of rape, sexual harassment, and domestic violence.

There have been incidents of women attempting to extract money from males by threatening and blackmailing them. After a divorce, maintenance is another justification for asking for money. Women frequently conceal their occupational status while requesting maintenance after a divorce. Most of these complaints are made on the spur of the moment and concern unimportant matters. Women who file such criminal accusations do not consider the ramifications and outcomes of doing so against men. Also such accusations have considerable potential that an innocent individual could be punished during this procedure. The sanctity of these laws is destroyed as a result of such flagrant abuse.

Landmark Judgements:

1. Sushil Kumar Sharma v. Union of India, Writ Petition (civil)  141 of 2005

According to observations made by the Hon’ble Supreme Court, complaints filed under section 498A of the Indian Penal Code (IPC) were being motivated by personal grudges.  It was stated that “… by misusing the provision, a new form of legal terrorism may be unleashed.” The legislature should establish means to punish those who make baseless complaints.

2. Rajesh Sharna & Others v. State of U.P.& Another, Special Leave Petition (Crl.) No.2013 of 2017

The Supreme Court took an unusual step. In response to complaints made under Section 498A, it issued a direction to the police and magistrates stating that no automatic arrests or coercive measures would be made without first confirming the validity of the accusations and the charges.

3. Narayan Ganesh Dastane v. Sucheta Narayan Dastane, (1975 AIR 1534)

The petitioner's wife, Sucheta Narayan Dastane, was found guilty of cruelty toward the petitioner, the husband. The circumstances of this case demonstrate that both the woman and the husband can be cruel. The husband's mental state could likewise be impacted by the wife.

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

The petitioner (the wife) omitted to mention in the facts that she was earning Rs. 40,000 from the business each month. She also said that although she was doing all the housework and domestic labour, she was never paid for any of it. The court denied the petition on the grounds that the laws, which typically favour women, had been abused by the submission of fake evidence.

5. Savitri Devi v Ramesh Chand & Ors (II (2003) DMC 328)

In the opinion of judge, women-centric laws were created to protect women who experience domestic violence and other forms of violence against women, but they have been abused by bringing in distant relatives of the husbands, including children and grandparents. Women are simultaneously accusing 10–15 persons in court. If only the husband, the in-laws, or both were responsible for the cruelty or the offence, then only those individuals should be prosecuted, not the entire accused family.

Conclusion:

Due to the liberalisation of Section 377 of the Indian Penal Code and the fact that violence is gender-neutral, it has now become critically important due to the progressive evolution of the socio-legal framework to acknowledge the rights of men and the LGBTQ+ population. Women can abuse other women or men in many different ways, including physically, verbally, emotionally, and financially. Another gender can abuse another gender sexually, and vice versa. Therefore, it is crucial to implement gender-neutral rules and prohibitions that forbid all forms of violence, regardless of whether they are perpetrated by men, women, or anyone else. The rules need to be drastically changed in order to protect crime victims as a whole rather than just one gender.

Reference:

1. https://www.legalserviceindia.com/legal/article-3095-how-women-misuse-their-rights.html

2. https://blog.ipleaders.in/misuse-of-gender-specific-statutory-provisions-and-rights-of-men-in-india/

3. https://www.hellocounsel.com/misuse-of-women-centric-laws-in-india/