The purpose of law is to safeguard the people's right and to keep check and
balances in the society. The Law plays a vital role in a society, a society
without the law would be like a jungle, where there is no concept of safeguarding
people's right, dignity, freedom and more. The main objective of law in the society
is to stop the wrongful acts, even by way of punishment, to ensure that there
should be no crime against anyone, but if someone misuses the law which was meant
to be their safeguard, it turns out to be the abuse of that law.
The foundation of
laws in favour of women in affairs related to violence, dowry, harm against their
body and mental health was biggest safeguard conferred on them by the law of the
county. Nowadays it is observed that these laws are widely being misused by some
women to outrage their enmity against husband or in-laws,which opined the new
dimension of terrorism, known as Legal Terrorism. Therefore we will discuss the
emerging issue of legal terrorism and the solutions of how the abuse of these
laws can be minimal.
Introduction
The term Domestic violence not only includes physical violence,but constitute a
wider definition which includes mental, verbal, sexual, emotional, psychological
abuse.
Violence is when someone uses his force on another person to gain unlawful
possession over the actions of other person.The exploitation to one's freedom of
choice and liberty is also a abuse to that person's rights.In India the practice
of demand for dowry is very common, where people from the groom side sets high
demand of dowry as a condition for completion of wedding.
The Dowry means a
consideration in form of valuable securities such as
Cash, Property, Jewellery, Car and Households like Furniture,Electronics etc ,being
given by the bride side to the groom side or his family on their demands. Which
not only creates an unnecessary burden on the brides family but also violates
their rights. The family of bride side or bride makes such demands as a basic
condition for marriage. And people who are from weak economic background, finds it
difficult to fulfill such unnecessary demands, even for the sake of marriage some
manage to get the things done on finance, which nevertheless creates a financial
obligation upon them, and sometimes also cause them to be trapped in the circle
of debt.
And if the family of bride was unable to fulfill the demand of dowry,the
outcome was not less then the non-completion of their daughter's marriage or if
the marriage at that time settles at few or less demands,the bride has to
face, abuse and violence against her by the husband or the in-laws and other
relatives from the husband's side. The laws made in favour of women played a role
of survivor in such cases protecting the rights and dignity of a women.
Now a
days these laws are being abused by some women for their personal enmity, either
in state of anger to take revenge from the husband or the relatives of
husband, if wife in indulged in the act of adultery or the motive of getting good
alimony and maintenance. It is hard to say the exact reason behind lodging of
these false cases, but most common, it is either to take revenge or for the profit
to be gained in terms of alimony and maintenance. The registration of false cases
of rapes are also a common trend nowadays where the common reason behind such
cases are extortion of money or either revenge, being forced by any other person
to file such case against someone.
The very famous quote represents the today's world reality that 'A women is
innocent until proven guilty and a man is guilty until proven innocent'.
Background
In India, during 60's-80's the exploitation of women was at peak, around 70% of
women were victims of the domestic violence and dowry. With the rise in cases of
Domestic violence and dowry,and crimes against women, it was the need of an hour
to get laws strict in terms of protection of the women. Due to the rising cases
related to dowry, domestic violence, rapes, certain provisions of law came into
existence like
Section 304-B, Section 354 , Section 376, Section 498-A of Indian Penal
Code(1860) ,Dowry Prohibition Act(1961), ,Protection of Women from Domestic
Violence (2005).The purpose of which was to give protection to women against
dowry practice, domestic violence and cruelty against her, protection of women
from offence of rape and criminal assaults. Despite of being a such safeguard for
women, many cases nowadays being registered related to these matters are turning
out to be false, due to the reason of personal enmity or greed, and the men are
becoming the victims of such false cases.
Demography of Crimes
The India still has high crime rate in context of Crimes against Women, there was
gradual increase in the cases post COVID period, back in the year 2022,there were
6900 complaints being filed by the women in the matter of domestic
violence, which amounts to 23% of the 30,900+ cases being registered by the
National Commission for Women (NCW) .As per the survey of National Family Health
Survey (NFHS),
29.3% of married Indian women among the age group of 18 and 49,have experienced
domestic/sexual violence against them,3.1% of the survivors among the category
have suffered the violence during their pregnancy days. In 2021,just 507 cases
were registered under the Protection of Women from Domestic Violence
Act,2005,while 1,36,000 complaints were registered under the
Section-498A(Cruelty by husband or his relatives) of Indian Penal
Code,1860.According to NHFS,87% of married women who are the victims of the
domestic violence do not access help,despite of having all the remedies
available to women against injustice,but still women are afraid to seek help.
Despite of such real incidents, many women abuse these laws by registering false
cases against the men,according to the report of National Crime Record Bureau of
the year 2021,7 out of 855 cases of Domestic violence which was registered under
the Protection of Women from Domestic Violence Act were false and 418 cases out
of 21,287 registered under Dowry Prohibition Act were false. According to the
recent report of NCRB published in year 2021,the state of Uttar Pradesh tops the
list having greatest number of crime rate against the women recording 56,083
crimes against the women, followed up by the Rajasthan having 40,738
cases, Maharashtra and West Bengal. In year 2020,as per the data published by
NCRB 3,375 out of 28,046 were closed by the police after finding them false and
overall 5,015 were closed due to the reason of being false or they were
registered by mistake of fact or law or arising out of a civil dispute and 5,403
out of 9,713 cases were acquitted by the court,rest 3,814 cases were only
convicted by the court making a conviction rate of only 39%.
Present state of affairs
The misuse of these key laws is a matter of great concern, where on a complaint
of a women related to domestic violence the husband and his family can be sent
behind the bars, and to take advantage of that the wife's due to reason to take
revenge from the husband or in-laws make such complaints. The estimation of these
cases around 40,000 each year where on an average 5 members of the husband's
family are dragged in these 498A cases, nearly 2,00,000 are directly influenced
by these cases.
In the recent times the courts are also getting aware of these misleading
cases,Hon'ble Supreme Court and various High Courts have shown their concern
over the increasing menace by overview that "By the misuse of the 498A-Dowry and
Cruelty by husband or his relatives,a new form of terrorism has been
discovered.The provision was made for the safeguard and not as a weapon…says the
Hon'ble Supreme Court.
In the case of
Swapan kumar Das@Swapan Das and Anr. Vs. State of West Bengal and
Anr. (CRR no. 2864 of 2018),where the wife filed a complaint against her husband
u/s 498A/307 of IPC, the Hon'ble High Court of Calcutta quashed the case due to
lack of evidence and finding misuse of 498A by the wife. The reasons behind such
cases are common likewise in cases of false domestic violence and dowry, it is
mostly seen the wish of wife to live separately from in-laws and in some cases
even from husband,and to accomplish the personal enmity the wife, sometimes not
only alleged husband but also his closed relatives, in-laws.The purpose behind
fake rapes, is to get compensated by the real victim or to distort his image in
the society
Fear Of Marriage Among Indian Men:
Marriage is a holy union between two peoples of opposite genders that binds them
together for throughout the life in every happiness and sorrows, ups and downs.
Marriage is believed to be a beautiful match made in heaven by the God,It is
considered as sacred knot between two people.As per law also,the marriage is a
contract between two support each other in shared household, and marriage is also
recognized as a fundamental right under Article 21 of The Indian Constitution.
Despite of having such noble recognition of marriage in India, still the fear of
marriage rolls out among the individuals as the false cases of rape and domestic
violence are gaining momentum, the fear of marriage among Indian men is also
increasing.
Role of Indian Laws:
The laws at that time were made while considering the situation of Indian women
of that time,where in the society the women was harassed either by husband or
his relatives against the evil practise of dowry,where women was not only
physically but also mentally, sexually, verbally and psychologically abused
too.Keeping the things in mind the laws were made gender biased towards the
women with the intention of giving immunity and protection to the women against
such evil acts.The rape laws were also made more strict after the most horrible
incident of Nirbhaya gangrape case of 2012,namely Mukesh & Anr vs State For Nct
Of Delhi & Ors on 5 May, 2017.
The motive behind making laws strict and gender centric was only to stop crimes
against the women, but these gender centric laws also opens the new path for the
pseudo feminists. Where if a women is not willing to live with the in-laws,
finds
a way to trouble them by misusing the domestic violence and dowry law and also
opened a new path of money extortion,where a women first gets in a consensual
physical relation,and later on name it a rape just to extort money.As these laws
are gender biased, giving more power and immunity to a women, they uses them as a
weapon for taking revenge or extorting money.
Conclusion
The misuse and abuse of these laws doesn't means that actual crimes are not
happening, everyday number of crimes are happening related to dowry
death,rape,sexual harassment and domestic violence. Many real victims of these
crimes don't even register their complaints and only left with injustice. Those
women who play with these laws make the real one's suffer. The gender centric
nature of these laws which were for the upliftment of the women in the society
is now turned into a curse for the men.
The certain measures should be taken to stop the abuse of these laws:
- The punishment for a false complaint made under S.498A, S.376 of the Indian Penal Code (1860), Protection of Women from Domestic Violence Act (2005), Dowry Prohibition Act (1961) should be imprisonment of a minimum of 7 years and a fine, or a maximum of 20 years.
- There should be a proper enquiry by the Investigating Officer before the issuance of a Non-bailable Warrant by the respective Court.
- Adultery should be decriminalized and should be made a gender-neutral law.
- Some women-centric laws, such as those related to mental harassment, should be made gender-neutral.
- There should be a conclusive enquiry by the police before registering the First Information Report.
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