Name :- Swapnil Mourya

Mobile no:-8458941261
Email:-swapnilmourya40@gmail.com

Title: Unraveling the Misuse of Indian Laws by Women:

Abstract:
This research presents a comprehensive investigation into the phenomenon of the misuse of
Indian laws by women, with a focus on critical evaluation supported by legal precedents and
Supreme Court interpretations. Grounded in feminist jurisprudence and socio-legal
perspectives, the research endeavors to dissect the intricate interplay of socio-cultural factors,
legal frameworks, and judicial pronouncements that shape and are shaped by instances of legal
misuse.
Through a meticulous examination of relevant laws, including provisions under the Indian Penal
Code, the Dowry Prohibition Act, and domestic violence legislation, the research explores
notable cases where allegations of misuse have been raised. By analyzing judicial decisions and
legal discourse surrounding such cases, the research aims to unravel the complexities of legal
interpretation, evidentiary standards, and procedural safeguards that may influence perceptions
of misuse.
Furthermore, the research critically engages with Supreme Court judgments that have addressed
issues related to the misuse of laws by women, scrutinizing the reasoning and implications of
landmark decisions. By contextualizing these judgments within broader socio-political contexts
and debates on gender justice, the research seeks to elucidate the evolving jurisprudence
surrounding legal misuse and its implications for access to justice and gender equality.
In addition to its analysis, the research integrates empirical insights from case studies and
qualitative research to provide a nuanced understanding of the motivations, patterns, and
consequences of legal misuse by women. By centering the voices and experiences of diverse
stakeholders, including survivors, legal practitioners, and activists, the research aims to uncover
the lived realities behind legal statistics and narratives of misuse.
Moreover, the research offers recommendations for legal reform, policy interventions, and
judicial guidelines aimed at addressing the complexities of legal misuse while safeguarding the
rights of all individuals. By advocating for measures to enhance legal literacy, procedural
fairness, and accountability within the legal system, the research seeks to contribute to the
broader goals of promoting gender justice and human rights in India.
Ultimately, this research aspires to advance scholarly understanding and practical
interventions aimed at mitigating the misuse of Indian laws by women in a manner that
upholds the principles of fairness, equity, and dignity for all individuals. By integrating legal
analysis with empirical insights and socio-political critique, the research seeks to inform more
nuanced and inclusive approaches to law and justice in contemporary India.

Key words: Women, justice, laws, legal system.

INTRODUCTION:

The misuse of laws by women in India is not quick to respond to as it involves navigating
nexus issues and legal frameworks. It is in need to approach this essence with sensitivity and
even – handedness. Generalizing this can be deceptive because of the significant variation
among individuals.

The laws in relation to the prevention of dowry harassment, domestic violence and sexual
harassment has been put to the wrong use. The law which being described as Dowry
prohibition Act, Prevention from sexual harassment Act, etc. were acted out with the intention
of protecting women from abuse and discrimination. There are many instances where the laws
have been misused for personal disagreement, squabble, or to avail in legal disputes, such as
divorce or child custody cases.

The critical argument to this subject is the false accusations made under this law which can
ruin the lives of the innocent individuals, often men who may face stigma, shame, legal battles
and emotional traumas as a result. In addition to this subject matter the main concern is
safeguarding the individuals from being accused effected by the misuse of laws in the legal
system to ensure that the justice is being dish out impartially and without bias.

While concerning about the individuals who are facing obstacles because the women centric
laws. We must also not undermine the legitimate struggles faced by women in India who
continue to experience various forms of brutality, bigotry and inequality.
To whack the primary cause of gender-biased violence and promoting gender equality there
should be continuing measures alongside to prevent misuse of laws.

Concise account of the evolution of women’s rights in India:

India’s historical narrative unveils a multifaceted fabric of women’s roles and rights. From
passing through many civilizations women were engaged in many activities and also have been
in power throughout Indian history. Regardless of the structure of the society has given
subordinate and limited roles as in the field of education and property rights.

There has been a significant transformation in the legal landscape concerning women’s rights.
As the legal landscape concerning women’s rights. As the Hindu succession act of 1956 has
been remarked by granting women equal rights to ancestral property. Later on, Dowry
prohibition Act of 1961 and Maternity benefits Act of 1961, aimed in gearing up the social
evils like Dowry and ensuring rights of the women at workplace.

Societal attitude towards women empowerment has evolved through a complex interplay of
tradition, religion and colonial legacies. History contains a powerful female figures like Rani
Laxmi bai, Savitri bai Phule, Razia sultan who played magnificent role in the evolution
notwithstanding, the facts relating to these powerful female figures and their contribution the
societal perceptions have been slow to evolve. There are still challenges concerning the
gender-biased violence, education, etc.

Obstacles encountered by men which left them worse off than women:

In certain context, Men are in less favorable position as compared to women. There are
scenarios in which men are at a comparative disadvantage to women. Here are several
instances and examples which demonstrate the abuse of women centric laws in India:

1. Dowry Laws (Dowry Prohibition Act, 1961)1: These anti-dowry laws were implemented to

1
1961
prevent the practice of dowry harassment and violence against women. However, there have
been many cases where these laws have been misapplied to file false dowry harassment cases
against husbands and their families for personal vendettas or financial gain.

2. Domestic Violence Laws (Protection of Women from Domestic Violence Act, 2005) 2:
While this law was intended to provide protection and support to women facing domestic
violence, there have been instances where women have falsely accused their spouses or in-laws
of domestic violence to gain leverage in divorce or custody proceedings.

3. Section 498A of the Indian Penal Code (IPC) 3: This section deals with cruelty by
husbands or relatives of husbands towards a married woman. While it has been effective in
providing recourse to genuine victims of harassment, there have been cases of misuse where
false allegations have been made to settle personal scores or gain advantage in marital disputes.

4. Sexual Harassment Laws (Sexual Harassment of Women at Workplace (Prevention,

5. Misuse of Rape Laws: Although rape laws are meant to protect women from sexual violence,
there have been cases where false rape accusations have been made, often for purposes such as
revenge, blackmail, or coercion.

2
2005
3
1860
4
2013
Groundbreaking cases:
There have been several landmark cases in India that have highlighted the misuse or abuse of
laws intended to protect women.

1. Arnesh Kumar v. State of Bihar (2014) 5: This Supreme Court case addressed the misuse of
Section 498A of the Indian Penal Code, which deals with cruelty against married women. The
court expressed concern over the indiscriminate arrest of husbands and their relatives under
this law based on mere allegations, without proper investigation.

2. Sushil Kumar Sharma v. Union of India (2005) 6: In this case, the Supreme Court
observed that false dowry harassment cases were increasingly being filed by disgruntled wives
to harass their husbands and their relatives. The court stressed the need for caution in dealing
with such cases and emphasized the importance of evidence.

3. Satish Chander Ahuja v. Sneha Ahuja (2011)7: This case involved a man who was
acquitted by the Delhi High Court after spending 10 months in jail on false charges of domestic
violence filed by his wife. The court noted that the case was an example of misuse of laws
meant to protect women.

4. Geeta Mehrotra v. State of Uttar Pradesh (2012) 8: The Supreme Court observed in this
case that many complaints under the Protection of Women from Domestic Violence Act, 2005
were being filed with exaggerated or false allegations against husbands and their relatives,
leading to unnecessary harassment and arrests.

5. Priyanka Srivastava v. State of Uttar Pradesh (2015) 9: This case involved a woman who
filed a false rape case against a man with whom she had a consensual sexual relationship. The
court observed that such false accusations not only ruin the reputation of innocent individuals
but also undermine the credibility of genuine victims of sexual assault.

5
2014 criminal appeal No. 1277 of 2014
6
AIR 2005 SC 3100
7
2011 (117) DRJ, 464
8
2012
9
AIR 2005 SC 3100
Unfair statutes:
While aiming in protecting the women in India. The provisions of certain laws have been made
in criticism as being evenly-handed against men or prone to misuse. Here are some examples:

1. Section 49710 of the Indian Penal Code, which criminalizes adultery but only punishes men
for having sexual relations with another man's wife, has been criticized for its gender bias
towards women.

2. The Muslim Personal Law11 in India has also been criticized for its gender biases towards
women. Under the law, Muslim women do not have the same rights as men in matters of
inheritance, divorce, and child custody.

3. Section 155(4)12 of the Indian Penal Code places the burden of proof on the victim in cases
of rape and sexual assault. This provision can make it challenging for victims to seek justice, as
they are often required to prove that they did not consent to the sexual act.

4. The Hindu Succession Act, 1956, excluded daughters from inheriting ancestral property
equally with sons until the amendment in 2005. This provision has been criticized for its
gender bias towards women.

5. Adultery13 as a criminal offense that only criminalizes the act of a man having sexual
relations with another man's wife has been criticized for its gender bias towards women.

6. The Hindu Succession Act, 1956, which excluded daughters from inheriting ancestral
property equally with sons until the amendment in 2005, has been criticized for its gender bias
towards women.

7. The Muslim Personal Law in India has also been criticized for its gender biases towards
women, including its provisions related to marriage, divorce, and inheritance.

10
Indian penal code,1860 s.497
11
Muslim personal law Application Act, 1937
12
Indian penal code,1860 s. 155(4)
13
Indian penal code,1860 s.497
8. The Indian Penal Code's provisions related to rape and sexual assault, including its narrow
definition of rape and the burden of proof on the victim, have been criticized for their gender
biases towards women.