It is very well said that excess of anything is very dangerous. Same is here
that women have been given excessive freedom from the flexible nature of women
centric legislations. This has led to the misuse of such legislations by women
and worst consequences had to be faced by men. There was a good intention behind
formulation of women centric laws but today it had become a bane for all men
Data shows that maximum males commit suicide due to mental trauma
which they suffer from because of false allegations charged by their female
counterparts than the stress of workloads or any other reasons. Sec. 498-A, 376
of IPC, 1860 and sec. 125 of CrPC, 1973 have been mostly used by females to
humiliate men. These legislations are made by Parliament to protect the women
from any kind exploitation but the result of this had backfired and women
themselves started humiliating males. This can be the main reason that
introducing legislation against marital rape is still a debatable topic.
Women used these laws just to satisfy their ego and mostly the cases are of
molestation. Everyone in the society thinks of harassment of women by males but
no one gives a light on that somewhere males are also facing humiliation by
women. It is so because there is mindset fixed that because a male is more
powerful than woman, so it is the woman who always has to suffer and not the
males. They are not ready to believe that a woman can also harass a man.
not saying that always a woman is wrong but woman are not always right.
Legislature needs to see the loopholes in such laws, judiciary needs to
interpret it not literally but liberally and at last society needs to change
this biased attitude towards men. In this article, I am focusing on such issues
where males are being harassed by women and what are the worst sides of such
flexible women centric- laws.
Whenever it comes to the empowerment of women we used to quote a statement that:
�?? ???? ?????????? ?????-????? ????????? ????????? ????????? ????????? ???
?? ???? ???? ?????? ????? ????? ??????? ??: ????? ??: ????? ??: ????? ??? ??: |�
This means that:
�To that goddess who abides in all beings as power, salutations
to thee, To that goddesses who abides in all beings as peace, salutations to
The women (goddess durga) are the personification of all powers, peace and
intelligence. Keeping in mind the draconian situation that women had to face in
the male- dominating society, govt. had enumerated special legislations
favouring women and protecting them from any kind of discrimination or
exploitation like Dowry Prohibition Act, 1961, Domestic Violence Act, 2005,
Protection of women form sexual harassment at work place ct, 2013, Hindu
Adoption and Maintenance Act, 1956, Hindu Succession Act, 2005 and several
offences and their punishment described in IPC, 1860 etc. These have been
bringing into force for betterment of women's condition. Even women had been favoured from reservation to the provisions mentioned in constitution dealing
with female issues.
Although crime rate against women is high in comparison to that of males but
now- a -days these gender biased laws have been more misused than used. Women
use these laws as a weapon against males. All these women favouring laws have
straight away women as a victim and male as a criminal. In such circumstances,
sometimes an innocent male is held convicted and then it takes years to prove
his innocence. Even some women have made it a means of making money.
centric laws are much flexible towards and women and much rigid towards men. It
has a very bad effect on males. The introduction of women centric laws had a
basic objective to stop violence against women and bring them on par with men by
maintaining equality but the question is that is it so really happening?
Conditions of Women in different phases
If we consider the situation of women in early Vedic period it was the good. The
equality can be best seen in that phase where women had the right to get
education, choose their partners, even women do have Janau ceremony like that of
men. Women were involved in the debates with intellectual people, no veil (pardah)
system was there. As a whole, women have their equal status as compared to men
in the patriarchy prevalent at that time.
Women were given equal religious
status as that of men and wife was considered as ardhangini (half part of male).
The man condition of women worsened from the Mughal era. Pardah system and Child
marriage were common practices.
Divorce was prevalent among the Muslims. Women
were not allowed to work outside and were restricted to the household chores.
Women used to commit jauhar (burn their body in order to save themselves from
the enemy). After the arrival of modern period (i.e. British period), women's
condition more deteoriated. All type of social evils against women was at par
like sati system, dowry system, veil system, sexual harassment/ assault, rape
etc. Legislations were made to abolish sati system, child marriage, etc like
Prevention of Sati Act, 1829, etc.
After post- independence period, govt. had taken many iniatives to prevent the
atrocities against women. Hindu Marriage Act (1955), Hindu Adoption and
Maintenance Act (1956), Special Marriage Act (1954), Dowry Prohibition Act
(1961), Domestic Violence Act (2005), prevention of Child Marriage Act (2006),
certain provisions of IPC prohibiting sexual offences against women etc.
Moreover, Constitution also provides for the enhancement of women status. Women
have been given much more freedom in all fields. But the fact is that women had
started using these freedoms as a weapon to torture men.
Critical Analysis of Women Centric Laws
Worst Side-effects of women centric laws and consequences faced by men-
Now-a-days we are watching in news, reading on social medias that how women are
torturing men by misusing the legislations.
There are many cases happening in daily life of women harassing males and the
most cases is related to Domestic Violence. There is no statutory limitation
prescribed for filing suit against dowry so women are filing it after a very
long time suppose 20 or 30 years later on her male counterparts and in- laws.
Even after that wife does not have to prove it and husband did not have
sufficient evidence to prove his innocence. Any case in which women is a victim,
it is already believed by society that husband is at guilt whether it is proved
These women centric laws had somewhere caused a mental trauma to all the males'
sufferers. In order to made strict laws favoring women, legislation had not paid
attention to its worst consequences which have been affecting males. Mostly, in
family laws, females are strongly supported, like in divorce cases, maintenance
if not provided to females, then males can be imprisoned, after separation of
couples, child's custody is mainly given to the mother (at least if child is
below 5 years of age), in adoption cases, a single male is not allowed to adopt
a female child etc. There have been certain loopholes in these legislations
which had a drastic affect on males' situation.
Many males who cannot prove their innocence commit suicide in order not to face
the sarcastic comments of society. But law does not see all this stuff. Even if
a woman is arrested, there are several instructions are made and even easily
bail can also be taken but in case if male is arrested, practically they have to
face several atrocities.
Although, the introduction of women centric legislations had a justified cause
in respect to the conditions of women but with the changing time women's
behavior have also changed. I sometimes doubt that it will lead to legal threat.
If we talk about gender equality laws, then it should be equal to both man and
woman. If the legislature is making any new law supporting female then it should
make sure that the consequences of such shall not have a laceration on male's
The most laws that have been misused are sec. 375, 376, 498- A of IPC, Domestic Violence Act and Dowry Prohibition Act which had been a menace to
man and his family. Legislature had formulated various laws for women but not a
single law favouring male.
Women had been using these laws as a means of extortion and harassing males.
Sec. 125 talks about the maintenance of wife, children and parents but nowhere
it talks about maintenance of husband by capable wife. Women have statutory
protection from domestic violence done by husband and his family under Domestic
Violence Act but if husband is harassed by his wife and his in- laws, then no
specific protection is provided to husband.
Tears of a woman are visible to each
legislation but every legislation become blind when it comes to that of male's
tears. All feminist groups take a stand by sec. 498- A of IPC. This section has
been heavily misused leading to social hardships. Now the situation is that more
false cases of domestic violence come to the court than the genuine one and
innocent is put behind the bars.
On one side our Constitution says that no one should be discriminate on the
basis of sex (Art. 15(1)) and on the other hand it grants the power to
legislature to discriminate and make laws in favour of women against men (Art.
15(3)). Although, such provisions were made for a good cause i.e. to equalize
the status of men and women but women had taken advantage of these types of
legislation and tortured their male counterparts.
Adultery under sec. 497(now
repealed) was considered as a crime against men and not women although both have
sexual consummation with consent. In that both the males have to suffer only
i.e. one husband of the wife (who have been indulged in the adultery) and other
man (with whom the wife/ married women had been committed the adultery). When
the adultery was a crime and both male and married woman had their mutual
consent in sexual intercourse then why only man is convicted and woman had
liberty not to get prosecuted.
India is considered to be the place where marriage is not considered as a
contract but solemnization of two souls. There is no concept of divorce in Hindu
ideology. But today, divorce had taken place and there are more breaks than the
marriages don not happen. Most of the cause of divorce goes under Domestic
Violence Act and cruelty under sec. 498- A of IPC. Most of cases filed today
under sec. 498-A is mala fidely to squeeze out the money.
It is presumed that
cruelty is always done by superior person to his inferior and it is the mindset
of the society that always husband is the powerful one who will do cruelty upon
his wife, perhaps, even the chapter 20-A of IPC talks about cruelty done by
husband and his family upon wife and instead of cruelty done by person (which
includes both man and woman). There is no measuring standard set for cruelty
against husband and this had benefitted wife and she can put her husband and her
in laws behind bars up to 3 years and fine.
In case of Dr. N.G. Dastane Vs. S. Dastane
, SC held that although physical
cruelty is presumed to be done mainly by husband being the powerful but mental
cruelty can be done by both husband and wife. Even wife can do mental cruelty on
In case of Anil Bharadwaj Vs. Nimlesh Bharadwaj
, court held that if a wife
refuses to have sexual intercourse with her husband without any reasonable cause
will amount to cruelty.
There is provision to presume that there is a dowry death if wife dies within 7
years of marriage and before her death she had been subjected to cruelty but if
vice- versa happens (where husband dies within 7 years of his marriage) then
there is no provision to protect the deceased husband. One false allegation
against husband ruins his entire career and reputation in eyes of society.
thought had been set in our country that males are always at wrong side. When a
boy comments on a girl, law considers it as eve- teasing and society goes up to
his family background and his type of nourishment but if a girl does the same no
one is there to condemn her act. I think misusing of laws by women is the main
cause that legislation for marital rape is still a debatable topic.
Delhi HC had correctly observed in a case that it had now become a practice
that whenever a police report is lodged as a result of matrimonial dispute, it
is always tended on behalf of complainant to involve all the members in her in-
laws family. Such tendency needs to be detested.
Women centric laws have been made for a good cause and with the changing
situations it had a severe effect on all the males. It is so because, women in
order to take revenge try to trap most relatives and put them behind prison.
Even false cases are filed out of vengeance. Even cases have come where woman
marries different men and cheat on them by stealing valuable property. Greed of
husband's property led the women to demand for more and more maintenance.
We have always been favouring women empowerment but it does not mean that in
order to favour one gender we should cause damage to other gender. When a girl
is raped people used to think about her entire life, give her sympathy but about
when a false allegation is made against an innocent man, even after proven
innocent, he is not able to match his eyes with that of society, cannot walk
with pride, society considers him guilty, he is mentally raped.
Generally, a woman approached to that advocate who could use sec. 498-A, 376 and
so favouring women as a way to extort the man if their conditions are not
fulfilled. A data of 2011 shows that more than 170 married man had committed
suicides as they have to face trauma from the false allegation of dowry filed by
their wives. Mainly crimes against women are non- bailable and cognizable which
becomes a bane for men who are innocent one. Social media had become one of the
best platforms for destroying anyone's reputation. Sometimes it is curse where
one's privacy is curtailed. Women use these medium more for exploiting males.
Even the women had started misusing the advance technologies introduced. The
best example of this is misusing of Medical Termination of Pregnancy Act, 1971.
Those mothers who want only a boy child abort their female one by these modern
techniques. The advancement of science and technology for welfare of humanity
but these have been misused by the humans. Sex determining machines introduced
which had increased the cases of female foeticide. Female infanticide had been a
tradition in India since a long and now abortion techniques had enhanced the
crime of foeticide also.
The main objective of judiciary is to protect the innocent and punish the
accused after proper investigation. But whenever a case comes in court related
to crimes against women, there, court is tilted towards the victim's side (i.e.
lady) than the accused. It is most important that court should conduct proper
enquiry before convicting the accused.
In case of Kanraj Vs. State of Punjab
, SC held that there must be a strict
proof of indulgence of relatives in crime and they will not get arrested for
fault of husband.
Law is a multi- faceted concept. Law is needed to be changed as per requirements
of people. The main aim to introduce women centric legislations was to prevent
any kind of exploitation of women and to protect rights of married women against
sexual or physical exploitation or mental torture by her husband and in laws.
But as the time passes, women started using these as a weapon against her male
counterparts. They started blackmailing, harassing, and humiliating the males by
false allegation. These legislations have given an arbitrary power to women to
There is necessity to re- look all the provisions which have a severe
consequences on males as merely a provision is constitutional this does not give
a woman license to use it in any manner and destroy entire life of any man.
Court need to do proper enquiry and police proper investigation without
presuming that the accused male is guilty and had for sure committed the crime
without proper evidence. This could affect the social life of men. Unnecessary
involvement of women right activists had also broken many families so there
unnecessary interruption should be abated. Even some women organizations have
wrongly shown data and statistics and had taken huge amount of funds from govt.
in name of women welfare.
The worst consequences of these laws are the suicide of innocent husbands as
they are unable to face the sarcastic comments of society. We need to stop this
and should frame our own analysis not just seeing what is there in front of us
as sometimes what we use to see is not real and what is real is hidden from our
- (AIR 1975) SC 1534
- (AIR 1987) Del. 111
- Anu Gill vs. State and Anr. (2001) (2) JCC (Delhi) 86
- (2000) Cri.LJ. 2993