18-December-2024-Editorial

MISUSE OF INDIAN LAWS: CHALLENGES AND WAY FORWARD

Indian laws aimed at safeguarding individuals, particularly women, against crimes such as dowry harassment and domestic violence, have played a significant role in protecting vulnerable groups.

However, misuse of these laws has also surfaced, leading to concerns about fairness and gender neutrality.

Recent cases, including a PIL in the Supreme Court after a techie’s suicide in Bengaluru, highlight the need for reforms to prevent misuse and promote equality in the legal system.

Indian Laws and Alleged Misuse

Dowry Prohibition and Domestic Violence Laws

Section 498A of IPC: Punishes cruelty or harassment by a husband or his relatives with imprisonment up to three years.

• Challenges: Non-bailable and cognizable nature can lead to trials even in false cases, presuming the accused guilty until proven innocent.

Section 304B of IPC: Deals with dowry death, mandating at least seven years of imprisonment if convicted.

• Concern: Over time, any unnatural death of a married woman is often presumed to be linked to dowry demands.

Sexual Offences

• Section 375 (Rape): Recognizes only women as victims and men as perpetrators.
• Section 69 of Bharatiya Nyaya Sanhita: Criminalizes deceitful promises of marriage by men but excludes women.
• Limitations: Male and transgender victims of sexual assault are not adequately recognized under these provisions.

Domestic Violence Act, 2005

• Focuses solely on protecting women from domestic abuse.
• Men and transgender individuals facing abuse lack legal remedies and are often dismissed with skepticism.

Maintenance and Custody Laws

• Section 125 of CrPC: Makes men primarily responsible for maintaining their dependents without evaluating whether women genuinely require financial support.
• Custody laws often prioritize mothers over fathers, marginalizing paternal roles despite strong bonds with children.

Adoption Rules

• Single women can adopt children of any gender, but single men cannot adopt daughters, reflecting gender bias in legal frameworks.

Impact of False Accusations and Legal Harassment

• Psychological Distress: False accusations often result in anxiety, depression, and a sense of helplessness.
• Social Stigma: Men falsely accused face societal alienation, often being presumed guilty regardless of the case’s merit.
• Economic Strain: Legal battles impose heavy financial burdens, including legal fees and potential job loss.
• Suicide Rates: Data from the NCRB indicates that married men have a significantly higher suicide rate, partly due to legal and social pressures.
• Suppressed Emotions: Societal expectations discourage men from expressing vulnerability, worsening mental health issues.

Judicial Observations on Law Misuse

• Sakshi v. Union of India (1999): Directed the Law Commission to consider gender-neutral rape laws.
• Sushil Kumar Sharma Case (2005): The Supreme Court acknowledged misuse of Section 498A, terming it “legal terrorism,” but upheld its constitutionality for preventing dowry deaths.
• Arnesh Kumar v. State of Bihar (2014): Stressed caution in arresting accused under Section 498A due to its non-bailable and cognizable nature.
• Chandrabhan Case (1954): Highlighted how trivial disputes often escalate into legal battles, affecting children the most during marital discord.

Steps Towards Gender Neutrality in Indian Laws

• Acknowledging Gender Bias: Recognize that men, women, and transgender individuals can be victims or perpetrators of crimes.
• Revising Legal Provisions: Amend laws to include gender-neutral terminology like “spouse” instead of gender-specific roles like “husband” or “wife.”
• Institutions for Men’s Welfare: Establish welfare mechanisms for men and rename the Ministry of Women and Child Development to ensure inclusivity.
• Training and Sensitization: Sensitize police, judiciary, and legal professionals to avoid unconscious biases through workshops on gender equality.
• Promoting Balanced Custody Laws: Reassess child custody provisions to consider the roles of both parents equitably.
• Encouraging Societal Change: Challenge stereotypes that portray men as invulnerable and women as inherently vulnerable to foster mutual respect and equality.

Redressal Mechanisms for False Allegations

• Defamation Cases: Under Section 500 of IPC, accused individuals can file lawsuits for defamation.
• Claiming Damages: Section 9 of the CrPC allows claims for damages caused by false allegations.
• Penalties for False Cases: Section 182 of IPC: Penalizes individuals who provide false information, leading to imprisonment of up to six months or a fine.

Conclusion

While laws like the Dowry Prohibition Act and Section 498A of IPC are critical for protecting women, their misuse undermines their purpose and creates new challenges. Achieving gender neutrality in Indian laws is essential to ensure fairness for all genders. By addressing biases, promoting sensitization, and revising legal frameworks, India can establish a balanced legal system that upholds justice and equality for everyone.