Author: Sameeksha Ashok Puthran
Institute Name: KES’ Shri Jayantilal H. Patel Law College
Introduction
In Indian society, women have been viewed as symbols of sacrifice, both mentally and physically, representing the strength of nature. Issues like poverty, lack of education, and sexual violence against women are found in many parts of the world. Many women have faced sexual abuse at some point in their lives, whether at school, work, or home, from friends or family members. Because of this, the Indian government has created laws that focus on protecting women. However, today these laws are sometimes used by women for personal reasons, such as to boost their ego, get money from their husbands or in-laws, or both.
Women and Law
Even though it is the 21st century and India is growing as a global power, women are still considered weaker than men. Issues like poverty, lack of education, and sexual violence are common worldwide, especially affecting women.
India has been a male-dominated society for many years, and women are often seen as less strong and part of oppressed groups. To deal with these serious issues, the Indian government has created various laws to protect women from sexual crimes. These laws are made with the idea that in a male-dominated society, women will face tough situations, so they need special laws to protect them from abuse, harm by the community, and mistreatment by husbands and in-laws.
Article 15(3) of the Constitution gives authority to the legislative bodies to make special laws for the welfare of women and children. Laws like the Domestic Violence Act, 2005, help women who are being mentally or physically harassed by their husbands or in-laws. The Hindu Adoption and Maintenance Act helps women maintain a stable lifestyle after getting divorced. Women use these laws to protect themselves. The introduction of these laws aims to protect women in a male-dominated society and make them equal to men by ensuring fairness and stopping the mental and physical harm they face.
Need for women centric laws
Violence against women in India has been a long-standing issue, and it’s getting worse every day without stopping completely. In today’s time, when India is becoming a global power, women in Indian society still face many problems with their safety, self-respect, and dignity. The daily problems women face range from incidents of eve teasing to serious crimes like rape.
A woman is violated because she is a woman, which means her gender is the reason she is being harmed. Violence against women keeps them trapped inside homes and limits their ability to decide their own lives. Women in India face many forms of abuse every day. Therefore, the authorities must take a strong stand and do everything they can to protect the rights and dignity of women in our country.
To deal with these serious problems, the Indian government created several laws to protect women from sexual crimes. But crime continues at the same high level without decreasing. Reducing these incidents has become extremely important, and strict actions are needed now more than ever.
Violence against women
The year 2012 became a big turning point because of a terrible crime that happened at the end of the year. A 23-year-old medical student in Delhi was brutally gangraped. She was raped on a moving bus, and the attackers used a metal rod, injured her internal organs, and she eventually died. This crime shocked the whole country because it showed how serious and widespread such violence is. It made people realize that such crimes, which were rarely heard about before, can happen to anyone.
The government formed two committees: the Justice Verma Committee and the Usha Mehra Committee.These committees provided suggestions related to different legal reforms. Eventually these changes were made in the law through amendments. For example, all forms of rape, like oral, anal, and vaginal, were now included in Section 375 of the Indian Penal Code (IPC). The punishment for gang rape was increased to 20 years, or even a life sentence.
Section 376A introduced a stricter punishment for offenders, giving them a minimum of 20 years in prison, life imprisonment, or even the death penalty if the victim dies or is left in a vegetative state. Repeat offenders could face punishment upto life imprisonment or the death penalty under Section 376E. Sections 376(1) and 376(2) were changed so that courts could reduce sentences in some cases. Section 166A was added to punish officials who failed to report such crimes. Section 166B was added to make hospitals provide medical care to rape victims. Crimes like voyeurism, indecent exposure, stalking, and throwing acid were now covered under different sections of the criminal law. Even after all these changes, it took 12 years for the courts to finally convict the offenders.
Critical analysis of women centric laws
In India, there are many cases where women have used the law against men, especially in cases of domestic violence. Since there are no limits on when someone can file a dowry case, women often wait for a long time before bringing these charges against their husbands and in-laws.When the Indian government introduced these laws that focus on women, they didn’t think about the bad effects these laws could have on men. These laws have many problems that harm men the most.
Men who can’t prove they are innocent are sometimes forced to commit suicide to escape the harsh comments from society. Although these laws were meant to help women, women’s behavior has changed over time, and it’s not always clear if these laws will cause harm. When it comes to laws about gender equality, both men and women should be treated fairly. The government should create rules that help women without hurting men’s lives.
Laws that are time and again misused by women are sections 375, 376, and 498-A of the IPC, DV Act and Dowry Prohibition laws. These laws are used to harass men and their families. The government has created many laws that support women, but none that protect men. Women have used these laws to get money and shame men. Section 125 deals with providing support to a wife, children, and parents, but it doesn’t mention a husband being cared for by his wife. The Domestic Violence Act provides legal protection for women who are abused by their husbands and in-laws, but there is no legal help for men who are abused by their wives or in-laws.
Discriminatory laws against men
The DV Act, Section 498-A of the IPC, Section 304-B of the IPC, and the Maintenance Act are all focused on protecting women. The cases discussed show that in matters of cruelty, dowry, and harassment, men are not always the ones at fault, and women can also be the ones who commit these acts. It has been shown that cruelty can come from both partners in a marriage. Therefore, instead of only focusing on helping one gender, the issue needs solutions that help both men and women.
Review of Women Rights at Workplace in India
Husbands and their families are being taken to court even though they had no part in the wrong actions of women who have bad intentions. This is very unfair and discriminatory to men, as there is no law that protects them from cruelty and abuse. Although the chance of men being attacked by women is lower than the other way around, the cases shown still indicate that it can happen. Women-centered laws are a sign of gender inequality. Laws on cruelty and harassment should be equal for all genders, not only favoring women.
Article 14 reiterates that the state everyone is equal before the law and given equal protection of the law. Equal protection of the law is supposed to give the same protection to all citizens, regardless of their gender. But these women-centered laws break the right to equality for men. The laws should be fair to both genders to balance equal rights and equal protection under the law. By not providing laws against cruelty and harassment for men, the state is indirectly breaking Article 14 of the Indian Constitution’s fundamental rights.
Judicial decisions against women centric laws
Sejalben Tejasbhai Chovatiya vs. State of Gujarat
In this case, the petitioner, who was the wife, gave false testimony.She did not tell the court that she was earning 40,000 rupees per month from her business. She also said she did all the household work but never got any payment. Because of this misleading information, the court said that provisions meant to help women were being misused with false evidence. Therefore, the court rejected the petition.
Kans raj v. State of Punjab & Jasbir Kaur vs. State of Haryana
The Supreme Court said that there must be clear proof that relatives were involved in the crime and they cannot be arrested just because of the husband’s mistake.
The court found that the petitioners would not be convicted. This was because the divorced wife tried to include as many family members as possible in the case under Section 498-A of the IPC. The court observed that this is a misuse of the legal process.
Conclusion
To stop violence against women and make sure laws are used properly, we need more than just changes to criminal laws. Changes can be pushed by court officers, like lawyers, who have the power to argue about the problems of not having gender-neutral laws. They can help start the change and prevent some women from using the law to harm the legal system. Before making big changes, we should find a solution to this problem. The court should create clear guidelines to stop the misuse of these laws.
Both men and women should have equal protection under the law. Victims are harassed at every step, from the police to the court. Each part of their fight for justice adds to their suffering, from the weak healthcare system to the criminal justice system. Society plays a crucial role in accessing justice. So, the real impact of the laws will never happen unless there is social change along with legal reforms.
About the Author
