Author Name– Ayana Dutta
Institute Name– Hindu College, University of Delhi
Introduction
The fate of the people of a country is determined by the law of the land. India is a land where women have been discriminated against since ages regarding every aspect of life. Both the social and institutional conditions worked and operated against women. However, with time, things took a turn and gender discrimination became despicable. Reforms were sought and as a corrective to the past injustices, various legal protection has been given to the women. Although the Constitution guarantees Right to Equality to every citizen, ensuring a rule of law, the same right under Article 15 permits the government to make special provisions for women, thus igniting the debate of whether laws in India sometimes tend to be biased towards women.
Meaning of ‘Gender-Neutral’ and ‘Women-Centric’ Laws
Gender-neutral laws are legal provisions that are equal to all individuals regardless of their gender, thus ensuring equal protection for men, women, and other gender identities. These laws focus on the crime rather than focusing on the victim or perpetrator’s gender, thereby eliminating inherent bias in legal protection. They acknowledge the possibility of any person being a victim or offender in situations of violence, harassment, or abuse.
On the other hand, women-centric laws would refer to those legal provisions that are specially designed to protect and empower women in response to historical and social inequalities borne by them leaving them vulnerable to exploitation. These laws aim to address gender discrimination and provide women equal rights and opportunities in all spheres of life. These laws are characterised by their inherent assumption of women being possible victims and men being potential perpetrators.
Areas of Women Protected Laws in India
To tackle gender-based inequalities and violence, the government has made a commendable effort by introducing apt laws. The main aim of these laws is to empower women and provide them with equal rights and opportunities as of men. However, the nature of these laws itself becomes discriminatory at times.
Firstly, the law regarding dowry which happens to be illegal in India. Section 498A of the Indian Penal Code (IPC), now in the Bharatiya Nyaya Sanhita (BNS), was introduced to protect married women from the harassment by their husbands or in-laws, particularly regarding dowry demands. It criminalizes physical and mental cruelty that may be imposed on women and which often drive them to cause serious harm to themselves. Another provision relating to dowry, that is Section 304B of the IPC, now in BNS, deals with the heinous crime of dowry death. It was introduced in 1986 to combat the alarming rise in cases where newly married women were killed or driven to suicide due to persistent harassment and demands for dowry. Under this provision, a death is considered a dowry death if it occurs under unnatural or suspicious circumstances within seven years of marriage, and it is proven that the woman was subjected to harassment by her husband or his family due to dowry demands. These provisions, although aimed to safeguard women from violence and cruelty, sometimes may have been misused by some in cases of marital disputes, thus prompting judicial guidelines to prevent arbitrary arrests.
Thereafter, comes the Protection of Women from Domestic Violence Act (PWDVA) of 2005 which is a civil law to provide immediate protection and relief to women who face domestic abuse. Unlike Section 498A, which is a criminal law, this Act focuses on protection orders, residence rights, monetary relief, and custody of children. It covers not just wives but also women in live-in relationships. The Act recognizes various forms of abuse, including physical, emotional, economic, and sexual violence, making it a progressive statute in addressing domestic issues.
Further, the landmark case of Vishaka v. State of Rajasthan (1997) ignited the introduction of a law called Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, aka POSH Act in 2013. This law laid down guidelines for preventing sexual harassment at workplaces. The POSH Act mandates the establishment of Internal Complaints Committees (ICCs) in organizations and prescribes strict procedures for filing and addressing complaints of harassment. It aims to ensure a safe and equitable working environment for women, covering both organized and unorganized sectors.
Another provision favoring women is that of Maintenance and Alimony. The right to maintenance ensures that women who are unable to sustain themselves financially after divorce are provided with support. Section 125 of the Code of Criminal Procedure (now in BNSS Section 144) mandates maintenance for wives, children, and parents. Under the Hindu Marriage Act and other personal laws (Muslim, Christian, Parsi), courts can grant interim or permanent alimony to women, ensuring economic security and dignity.
Another important legal provision is of Rape under Section 375 of IPC (now in BNS). Rape is defined as a man causing penetration (even minimal) of a woman’s vagina, anus or urethra with his penis, any object, or another body part, or any oral act there, where the consent of the woman is absent or invalid (that is, through force, coercion, intoxication, deception, etc.). Infact, a false promise to marry may also amount to rape if the promise was dishonest from the start. This law is gender-specific with a presumption of man being the accused and woman being the victim. Unfortunately, it still keeps a marital exception for adult wives, which is widely criticized.
A similar law is of gang rape mentioned in Section 376D of IPC. Gang rape occurs when more than one person act together in a group and rapes a woman. Punishment for this is generally very severe. This law also provides protection for women victims only, thus leaving adult male and transgender victims outside its core scope. Another one relates to molestation as mentioned under Section 354B of IPC which punishes any man who assaults or uses criminal force against a woman, with the intention of disrobing or compelling her to be naked. This provision is also gender-specific, recognizing only women as victims and men as offenders. Laws of voyeurism too have a similar framework. All these laws are gender exclusive and it results in their misuse, and leads to injustice to the male and transgender victims of the same.
Misuse of these laws: Myth or Reality?
The allegation of “misuse” of women-centric laws has been a subject of intense debate in India. Critics argue that provisions like Section 498A IPC, Dowry Prohibition Act, Protection of Women from Domestic Violence Act, POSH Act and even rape allegations are sometimes exploited for personal benefit or to harass men and their families. Instances of false accusations, naming of extended family members in matrimonial disputes, and misuse of workplace harassment complaints have been widely seen. These concerns have prompted courts to frame procedural safeguards, as seen in Arnesh Kumar v. State of Bihar, where the Supreme Court issued strict guidelines against automatic arrests in 498A cases.
However, whether a law has been misused must be examined according to empirical and contextual data. Sometimes, low conviction rates are wrongly equated with false cases which may not always be the case. Acquittals may result from poor investigations, lack of evidence, witness hostility, or compromise between parties, rather than from fabricated complaints. Data from the National Crime Records Bureau (NCRB) shows that while over 1.2 lakh cases under 498A were registered in 2022, conviction rates remain around 12–13%, not because all other cases are false, but due to systemic weaknesses. Unfortunately, there is no adequate data to expose the number of false cases. In contrast, research indicates that till date, there have been massive under-reporting of domestic violence, sexual harassment, and dowry abuse, thus suggesting that the laws are still necessary to safeguard women’s protection.
Some landmark judicial rulings
Firstly, in the case of Sushil Kumar Sharma v. Union of India where the constitutionality of section 498A was challenged, the Supreme Court acknowledged that although misuse exists, some instances of abuse cannot justify dismantling laws designed to combat deep-rooted gender violence.
One important case was Sakshi v. Union of India, 1999 where the NGO Sakshi petitioned the Supreme Court to broaden the definition of rape under Section 375 IPC, arguing that it was too narrow and excluded the male and child victims and other forms of sexual violence. The Court directed the Law Commission to review the law, which led to the 172nd Law Commission Report of 2000 recommending the replacement of “rape” with a gender-neutral offence of “sexual assault.” This case played a key role in shaping the Criminal Law Act, 2013, which expanded the definition of rape to include other forms of penetrations, however, the law still remained gender-specific.
Next, in the case of Nisha v. State of Haryana, the husband filed for divorce, claiming that his wife had made false dowry allegations against him and his family, which caused him immense mental distress. The High Court agreed with the husband’s plea, observing that making baseless and malicious accusations leads to mental cruelty. The Court further noted that such false complaints not only strain marital relationships but also weaken the credibility of genuine cases, as they misuse the very laws meant to protect women.
In another gruesome act as in the case of Priya Patel v. State of Madhya Pradesh, 2006, Priya Patel was accused of assisting her husband in committing rape by slapping the victim, shutting the door to facilitate the crime. The question before the Supreme Court was whether a woman can be charged as an offender or abettor of rape, given that Section 375 and 376 of IPC define the offence as something committed by a man against a woman. The Court ruled that a woman cannot be prosecuted for the offence of rape, as the law only contemplates a male perpetrator, thereby Priya Patel couldn’t be convicted under Section 376. However, the Court noted that she could still be tried for abetment under other provisions if the evidence supported it.
The need for gender-neutral laws
In today’s society, crimes such as sexual assault, domestic violence, and harassment are not limited to one gender only; men, women, and transgender individuals all can be victims. However, many Indian laws, especially in areas like rape and domestic violence, recognize women as the only victims, leaving male and LGBTQ+ survivors without adequate legal recourse. This gender-specific framework often leads to injustice, as seen in cases of male sexual abuse, false accusations, or domestic violence against men, where victims struggle to find protection under the law.
Gender-neutral laws are the need of the hour as they would focus on the crime rather than the gender of the victim or perpetrator, ensuring justice for all individuals. Countries like Canada, Australia, and the UK have already adopted gender-neutral laws. India too should adopt such laws, not with the aim to weaken protection for women; instead broadening the framework to include everyone. The outdated view that men are always the perpetrators and not the victim needs to be reformed. Instead of a Ministry of Women in the government, a ministry for overall human development can be formed. Stereotypes like men being strong and emotionless and women being weak and nurturing should also be changed. Reforms like this would help uphold the constitutional principle of equality before law under Article 14 and also reduce misuse of existing laws by ensuring fairness and balance.
More Than Just Clerical: Breaking Down Gender Stereotypes in Indian Legal Work
Conclusion
Women-centric laws have been crucial in safeguarding women from violence and discrimination. They are very important to eradicate the past injustices borne by women in every sphere. Till date, crimes against women have been prevalent. Although legal provisions have been made, the social reality presents a different picture with actual crimes being committed very often but most of them being unreported due to fear and stigma. On the other hand, the same laws like alimony and domestic violence are misused by some, in the name of personal benefit. Therefore, a two-fold effort needs to be taken, one in curbing the misuse by providing sufficient safeguards; and the other one in eliminating the gender-specific nature of these laws and bringing in more inclusive and neutral versions of them.
References
https://www.drishtiias.com/daily-updates/daily-news-analysis/misuse-of-indian-law
From Women Centric, To Gender Neutral Laws: A Transitional Journey
Negha Senthil, Jayanthi Vajiram, Nirmala; The misuse of law by Women in India -Constitutionality of Gender Bias
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