Introduction:

• Gender equality in criminal law is a principle aimed at ensuring that individuals are treated equally and fairly under the law, regardless of their gender.
• Gender-based discrimination in the criminal justice system creates significant obstacles to achieve access to justice for all.

 

Is the Indian Legal System is Gender Neutral?

Special Laws and Provisions For Women;

• Protection of Women from Domestic Violence Act, 2005
• Dowry Prohibition Act, 1961
• Section 498A of IPC
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
• Immoral Traffic (Prevention) Act, 1956
• The Criminal Law (Amendment) Act, 2013
• The Indecent Representation of Women (Prohibition) Act, 1986
   

Special Laws for Men?

There is no special law for men to provide safeguard to their dignity and self-respect.
 

Misuse of Matrimonial Laws

• In the matter of Dara Lakhmi Narayan and ors. Vs State of Telangana and others, the Honourable Supreme Court has held that: there has been growing tendency to misuse provisions like section 498(A) IPC as a tool for unleashing personal vendetta against the husband and his family by a wife.
• In the case of Kahkashan Kausar vs State of Bihar, the Honourable Supreme Court has held that: Sec 498A being used to settle personal scores against husband, his kin.
• In the case of Shushil Kumar Sharma Vs. Union of India, the Honourable Supreme Court observed that: by misuse of the provision of 498(A) a New Legal Terrorism can be unleashed.
• In the case of Preeti Gupta Vs. State of Jharkhand, the Honourable Supreme Court held that: Unfortunately, a large number of these complaints have not only flooded the courts but also have led to enormous social unrest affecting peace, harmony, and happiness of the society.

Social and Psychological Impacts

• Stigma and Isolation: Men accused of matrimonial offenses often face societal stigma, even before guilt is established, leading to feelings of isolation and despair.
• Financial Burden: Legal proceedings can be lengthy and costly, adding to the stress and reducing men's ability to fight cases effectively.
• Mental Health Issues: The lack of accessible mental health support systems for men contributes to untreated depression and anxiety, increasing the risk of suicide.

The cry of victimized husbands and their relatives is not heard either in courts or in society.

POCSO Act (Is it a gender neutral?)

The POCSO Act claims to be the Gender-Neutral Act; what is the reality behind;

Example: two minor child ( X-Boy and Y- Girl) fall in love with each other and both of them eloped from their house.

Now the family members of the minor girl will lodge an FIR against the minor boy for the offences under the provision of POCSO Act. Now the situation is that both the children were minor but the boy will be treated as an accused whereas the girl will be treated as a victim and will be given due care and caution.

If the police apprehends both of them, the minor boy will be sent to jail and the minor girl will be sent along with her parents (if she wishes so) other wise she will be sent to CWC.

Where is the Gender Equality?

• The minor girl was allowed to go with her parents.
• The minor boy will be sent to jail and after claiming his juvenility he will be remanded to Juvenile Justice Board.
• The minor child will have to face the entire hindrances of the proceeding.
• The minor boy has to suffer mental and physical agony.
• If the JJB or the court finds him guilty he will be punished.

In most of the cases the girls under the influence of their parents resiles from their previous statements and deposed before the court against the minor boy which brings into the conviction of the minor boy.

Conclusion
Indian Criminal law is biased against men.
False cases of domestic violence, dowry harassment, and sexual harassment can lead to significant emotional, financial, and reputational harm to men.

Written By: Er. Khaliqul Azam, B.E, M.A, LL.B, Advocate Civil Court, Bettiah
Ph no: 7762900229