Misuse of Indian Law

• 17 Dec 2024

For Prelims: Public interest Litigation, Supreme Court, Dowry Prohibition Act, 1961, Section 498A, Indian Penal Code, Code of Criminal Procedure, 1973, Protection of Women from Domestic Violence Act, 2005, Law Commission. 

For Mains: Misuse of dowry and domestic violence laws and related issues, Need of gender neutral law 

Source: IE 

Why in News?  

Recently, a Public interest Litigation (PIL) was filed in the Supreme Court (SC) after a techie’s suicide in Bengaluru, seekings intervention to review and reform dowry and domestic violence laws. 

• The plea stated that Dowry Prohibition Act, 1961 and Section 498A of the Indian Penal Code (now Bharatiya Nyaya Sanhita) have been misused to settle unrelated disputes and suppress the husband's family. 

How Indian Laws are Misused? 

• Section 304B (Dowry Death) of IPC: Overtime people were made to believe that every unnatural or untimely death of a married Indian woman is dowry death. 
  • In such cases a husband or relative shall be punished with imprisonment for no less than seven years, which may extend to life imprisonment. 
• Section 498A (Cruelty Against Women) of IPC: Section 498A mandates imprisonment of up to three years and a fine for a husband or his relatives if found guilty of cruelty or harassment towards a married woman. 
  • Section 304B is a non-bailable, non-compoundable, and cognizable offence, meaning a trial will occur even if the allegation is false, and the husband is presumed guilty until proven innocent. 
  • According to National Crime Records Bureau data, in 2012 nearly 200,000 people were arrested on unproven dowry allegations, with only 15% of the accused convicted. 
• Section 375 (Rape) of IPC: Under Section 375 of the IPC, only men can be perpetrators and women victims of rape. The section does not recognize men and transgenders as rape victims.  
  • Section 377 of IPC is the only option for male victims, but it faces challenges and does not classify male-on-male sexual assault as rape. 
• Section 69 of the BNS: It criminalizes "sexual intercourse by deceitful means," including "promising to marry a woman without intent," with imprisonment up to 10 years and a fine. 
  • A consensual sexual relationship made on the promise of marriage will be a crime only if a man backtracks from it and not a woman. 
  • Criminalising a “Promise to Marry” can intrude into an individual’s right to privacy and autonomy ignores the fact the woman was in a relationship on her own will. 
• Section 354 of IPC: It deals with assault or criminal force with the intent to outrage a woman's modesty. However, there is no such law made to protect the modesty of a man and transgender. 
  • There are cases where women bully men, and go unprosecuted, because the law of the country does not protect men from such crimes. 
• Section 125 of CrPC Act, 1973: Section 125 of the Code of Criminal Procedure, 1973 sets out the concept of maintenance in India not only to the wife but also to her parents and children. 
  • The maintenance law was designed to make men solely responsible for supporting their dependents, without considering whether women actually need financial support. 
• Protection of Women from Domestic Violence Act, 2005: It does not recognize men and transgender as potential victims of domestic abuse. 
  • Men facing harassment or abuse from partners have no legal protection under this act and are often met with skepticism when reporting such cases. 
• Custody and Divorce Proceedings: In custody disputes, the courts often favor mothers as primary caretakers. Fathers are often marginalized even when they have a close bond.  
• Protection of Children from Sexual Offences Act, 2012: A single woman can adopt kids of any sexual identity, but a single man cannot adopt a daughter.  
  • In the event of a married relationship, both spouses must agree to the adoption. 

Note: In the Praveen Kumar Jain-Anju Jain divorce Case, 2024, the Supreme Court laid down eight factors for determining alimony for the wife. It includes: 

• Status of the parties, social and financial 
• Reasonable needs of the wife and the dependent children 
• Parties individual qualifications and employment statuses 
• Independent income or assets owned by the applicant 
• Standard of life enjoyed by the wife in the matrimonial home 
• Any employment sacrifices made for the family responsibilities 
• Reasonable litigation costs for a non-working wife 
• Financial capacity of the husband, his income, maintenance obligations, and liabilities 

What are Impacts of False Accusations and Legal Harassment?  

• Depression and Anxiety: False accusations or legal harassment can cause severe psychological distress, leading to feelings of betrayal, helplessness, and chronic anxiety. 
• Social Stigma: Men facing legal harassment or false accusations may be stigmatized as guilty or untrustworthy, leading to isolation from family, friends, and social networks. 
• Suppressed Emotions: Societal expectations that men be stoic and resilient discourage them from expressing vulnerability or seeking support, leading to internalized distress and worsened mental health issues. 
• Marital Suicide Rates: NCRB data shows that married men have a significantly higher suicide rate than women, partly due to legal and social challenges.  
• Financial Burdens: For many men, the burden of legal fees, potential loss of employment can be financially devastating. 

Redressal in Case of False Accusations 

• Under Section 500 of the Indian Penal Code, the husband can file a defamation lawsuit. 
• Under Section 9 of the CrPC, the husband can file a claim for recovery of damages which he and his family have been subjected to for the false allegations of cruelty and abuse. 
• Section 182 of the IPC safeguards against false 498A cases. If false statements are made, the person can be sentenced to 6 months imprisonment, a fine, or both, for misleading the judiciary.

What is the Judicial Stand on Misuse of Indian Law? 

• Sakshi v Union of India case, 1999: The SC directed the Law Commission to deal with the issue of gender neutral rape laws.     
  • Consequentially, the 172nd Report of the Law Commission 2000 recommended replacing the offence of rape with a gender-neutral offence of "sexual assault." 
• Priya Patel v State of MP Case, 2006: In this case, the perpetrator's wife witnessed the rape, slapped the victim, closed the door, and left, showing intent to assist in the crime.  
  • However, the Court ruled she couldn't be convicted of rape because she was a woman. 
• Sushil Kumar Sharma Case, 2005: The petitioner challenged Section 498A of the IPC for violating equality.   
  • The Supreme Court acknowledged that misuse of the provision could lead to legal terrorism but upheld its constitutionality, stating its main purpose was to prevent dowry deaths. 
• Chandrabhan Case, 1954: In Chandrabhan case, 1954, the Delhi HC concluded that most complaints against husbands are filed in the heat of the moment over trivial fights, and amidst the rift and hostility, the children suffer the most. 
• Arnesh Kumar v State of Bihar, 2014: The SC, laid stress on the need for exercising caution while dealing with the arrest of an accused under Section 498A as it is a non-bailable and cognizable offence. 

How to Achieve Gender-Neutrality in Indian Laws? 

• Acknowledging Gender Bias: The outdated view that men are always perpetrators and women victims ignores the fact that men can also be victims of domestic violence, harassment, and false accusations. 
  • Legal reforms should acknowledge these realities and ensure laws protect both men and women and other gender equally. 
• Sensitizing Criminal Justice System: Efforts should be made to sensitize judges, legal professionals and police to recognize and challenge their own unconscious biases through training programs and workshops on gender stereotypes. 
• Revise Existing Laws: It is essential to adopt gender-neutral language that ensures both men and women, and even non-binary individuals, are equally protected.  
  • E.g., using terms like “spouse” instead of “husband” or “wife” ensures that the laws do not favor one gender over the other. 
• Institutions for Men’s Welfare: Institutions need to be gender neutral. The ministry of  women needs to be renamed as the ministry for welfare of human development so that every person needs to be protected. 
• Sensitizing Society: Achieving gender neutrality requires challenging stereotypes that see men as strong and emotionless and women as weak and nurturing.  
  • Both men and women can be victims or perpetrators and should be treated with equal respect. 

Drishti Mains Question: 
Q. In the context of gender equality, examine the biases in Indian laws. What reforms are necessary to create gender-neutral laws in India? 

 

UPSC CivilServices Examination Previous Year Question (PYQ) 

Prelims 

Q. Which of the following gives ‘Global Gender Gap Index’ ranking to the countries of the world? (2017)

(a) World Economic Forum  

(b) UN Human Rights Council  

(c) UN Women 

(d) World Health Organization 

Ans: (a) 

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 Mains 

Q.1 “Empowering women is the key to control population growth”. Discuss. (2019) 

Q.2 Discuss the positive and negative effects of globalization on women in India? (2015) 

Q.3 Male membership needs to be encouraged in order to make women’s organizations free from gender bias. Comment. (2013)