Introduction
India has been male dominated country for many decades, which forced the government to create new Laws for women. The new Laws are:
(a) The Domestic Violence Act, 2005- Domestic violence was enacted for protect women from mental and physical torture which was done by husband or in laws.[1]
(b) The Hindu Adoptions and Maintenance Act,1956- An another Act which helped women to live a decent life after getting divorce.[2]
(c) Section 498A of Indian Penal Code, 1860- Section provides protection to married woman from Cruelty and Dowry Harassment from the husband and in laws. The advance mentioned laws to women from providing justice and peace.[3]
1.Need for Women Centric Laws:
Laws are made to protect every individual. From the Past, the women were able to easily harmed and violent committed by men. Women were considered as a burden or weak in the society, so in order to prevent some Laws were made to protect every.
1.1. Domestic Violence Act, 2005:
For centuries, Indian Societies have normalize the abuse of women by husband or in laws. The most important is people don't realize that is an crime under Indian Penal Code. Domestic violence not only impact on women but the children also which lead to traumatic life for the rest of life. Before the 2005, law the woman can freely go to the court under Section 498A of Indian Penal Code, but Section 498A limited to Cruelty, Dowry related Harassment. The Section only deals with married woman. The need for Domestic Violence Act law aim to protect women and children from the violent husband and his relatives.
1.2. Section 498A of Indian Penal Code:
Section 498A of Indian Penal Code was introduced in 1983. The aim of this Section is to protect women from violent husband and his relatives. According to Section 498A, Cruelty include behaving unlawful manner with women which might lead her to Commit Suicide. This Section include Dowry Death,Harassment. Harassing a woman or relative to perform them an unlawful demand of husband related to property or any valuable item.
1.3. The Hindu Adoptions and Maintenance Act, 1956:
The word "Maintenance" defined under maintenance Act as follows:-
1.3.(a). In all cases, provision for food, clothing, residence, education, medical attendance and treatment.
1.3.(b). In case of unmarried daughter also reasonable expenses and incident to her marriage.
1.3.(c). "Minor" means, a person who hasn't completed his or her age of 18years.
The Act was formed in 1956, time when not a lot of women were educated enough to earn living like men. The Maintenance Act is very important to maintain a woman and children in same lifestyle after divorce as they were during marriage. The Maintenance Act ensure payment of money for food, clothing, residence,education, etc. The male has to pay the women until she remarried.
2. How woman Centric Laws are Misused:
Women Centric Laws which are above mentioned are very important to protect the women, there instances where the laws have been Misused by women for their own benefits. In this, there is a good change for a female and a innocent man might get punished.
There are many cases in which women have Misused the law, specifically which was made to secure them, but they use as to satisfy their ego, and their needs.
Let's take a look at some cases:
2.1. Sejalben Tejasbhai Chovatiya Vs State of Gujarat (2016)- In this case, the petitioner (wife) didn't state the fact that she was receiving an income from the business. She also, stated that she do all household work and in exchange she never get a income in exchange. Because of the false evidence used by petitioner, she commit perjury.[4]
The Court says that the law which favor the women have been Misused by false evidence[ii] and for these above reasons, the court dismissed the case.
2.2. Narayan Ganesh Dastane Vs Sucheta Narayan Dastane (1975 AIR 1534)- In cases, the respondents (Sucheta Narayan Dastane), wife of Narayan Ganesh Dastane (Petitioner) was found guilty of Cruelty against the appellant. The fact of case prove that Cruelty cannot only committed by husband but his wife. The wife also effect the husband mentally.[5]
2.3. Bhupinder Kaur And Others Vs State of Punjab (2017)[6]
And
State Vs Srikanth (2002 CriLJ 3605) [7] In this case, the court deal with the relative of husband being dragged in the case even when they are not relative to any of the allegations made against the husband regarding Cruelty and Dowry.
2.4. Jasbir Kaur Vs State of Haryana (2020)- In this case, the court says that according to facts, it doesn't seem that the petitioner could be convinced. This is because of the wife who tried to include family members in the case under Section 498A of Indian Penal Code. Hence the court held that the Procecution of petitioner would be abuse of Proceedings.[8]
3. Discriminatory to the Male Gender:-
Laws like Domestic Violence, Section 498A and Section 304B of Indian Penal Code, and Maintenance Act as all Women Centric Laws. From above mentioned cases, it is prove that, in matter of Cruelty, Dowry and Harassment, mens are not always at fault and woman can be Culprit too. It is proven that Cruelty emerge from both the party in marriage. Therefore, the issue requires provision which male and female centered instead of just provision which benefit one gender.
Husband and their relatives are being dragged into cases without having a part in wrong committed by the woman with unlawful motive.
This is highly unjust and Discriminatory to the Male Gender as there is no law to protect male from Cruelty and Harassment.
The Woman Centric Laws are also a sign of inequality between two genders. The matter of Cruelty and Harassment, the law should be gender neutral instead of prioritizing female exclusively.
These Woman Centric Laws have also violated Article 14 of Indian Constitution; which says "Equality Before Law": The state shall not deny to any person equality before the law and equal protection of the laws within the territory of India.
4. Conclusion
First Remedy:- The Misused of these laws are an abuse to legislation and purpose of these laws. Lawyers have power to argue before the court about demerit for not making these laws gender neutral.
They have opportunity to initiate a change and stop egoistic women from misusing the law which was actually supposed to act as a shield. The court should create mandatory guidelines regarding misuse. Guidelines before accuse a male and make sure that their is no misuse taking place.
Second Remedy- Women Centric Laws particularly Section 498A of Indian Penal Code may be considered for amendment. All the Gender deserve equal protection under the eye of law.
There are no Law for men, they have no option of protection under the law. Even if the male approach to court, the Judge favoured the woman during the proceedings because of the history of our nation concerning Domestic violence.
What if we do reverse and female have no right protecting Domestic Violence. If the roles are reversed, then the legislator work on protection to women. By understanding the current situation, and by above cases, the society must amend Some Laws.
5. Citation
[1] The Domestic Violence Act, 2005
[2] The Hindu Adoptions and Maintenance Act, 1956
[3] Indian Penal Code, Section 498A
[4] Indian kanoon, India available at https://indiankanoon.org/doc/164173403/ (last visited January 7, 2024)
[5] Indian kanoon, India available at https://indiankanoon.org/doc/62494/#:~:text=The%20Trial%20Court%20rejected%20the,appeal%20and%20allowed%20the%20wife's. (last visited January 7, 2024)
[6] Indian kanoon, India available at https://indiankanoon.org/doc/197018445/#:~:text=In%20CWP%208613%2D2011%20filed,Sohanjit%20Singh%20till%20his%20death. (last visited January 7, 2024)
[7] Indian kanoon, India available at https://indiankanoon.org/doc/515929/ (last visited January 7, 2024)
[8] Indian kanoon, India available at https://indiankanoon.org/doc/63329446/ (last visited January 7, 2024)
