Analyzing Data and Judicial Insights on the Misuse of Women-Centric Laws in India

It is a matter of concern that Laws made for the protection of women are misused for the past few years. There has been considerable debate and concern over the misuse of laws meant to protect women in India, particularly in the context of laws like Section 498A (cruelty by husband or relatives) of the Indian Penal Code (IPC), the Protection of Women from Domestic Violence Act, 2005 (PWDVA), and the Dowry Prohibition Act, 1961. While these laws are designed to protect women from domestic abuse, dowry harassment, and other forms of violence, there have been instances where these laws were reportedly misused or abused. Several court rulings and statements from the judiciary have addressed this concern.

Misuse of Laws for Women’s Protection

1. Section 498A of IPC: Section 498A was introduced to protect women from marital cruelty and domestic violence, including dowry harassment. However, it has been criticized for its potential misuse, especially in cases where women have lodged false complaints.
   1. False and frivolous complaints: Critics argue that some women use this provision to settle personal disputes or to extort money from the husband’s family.In this argument there is considerable amount of truth.
   1. Arrest without investigation: The law allows for immediate arrest of the husband and his family members based on the wife’s complaint, which has led to allegations of a lack of due process and the potential for abuse.

Supreme Court’s Observations on Misuse of 498A:

• Arnesh Kumar v. State of Bihar (2014): The Supreme Court ruled that the police cannot arrest individuals under Section 498A without a preliminary inquiry, emphasizing the need to avoid unnecessary arrests and the misuse of the provision.
• Rajesh Sharma v. State of Uttar Pradesh (2017): The Court observed that Section 498A is often misused and issued guidelines to prevent unnecessary arrests. It emphasized that no arrest should be made before a preliminary inquiry is conducted by the police.
• Domestic Violence (PWDVA): The Protection of Women from Domestic Violence Act, 2005, aims to prevent and address domestic violence. While it has been lauded for providing legal recourse to women facing violence, there have been concerns regarding misuse.
• False Allegations: Some women have been accused of using the Act to target their husbands and in-laws in the absence of any substantial evidence, particularly in cases where marital relationships break down.
• Legal complexity: The Act allows women to file complaints not only against their husbands but also against other family members, which has led to cases of family disputes being framed as domestic violence.

Judicial Comments:

• The courts have acknowledged the possibility of misuse but have also clarified that the law’s intent is to protect genuine victims of domestic violence.
• In S.R. Batra v. Smt. Taruna Batra (2007), the Delhi High Court held that the residence order under the PWDVA cannot be extended to the wife’s parents’ house, highlighting the importance of not misusing the provisions of the Act to seek relief outside of its intended scope.
• Dowry Prohibition Act: The Dowry Prohibition Act was implemented to curb the practice of dowry, but it has been alleged that in some cases, women have filed false dowry harassment complaints to gain leverage in marital disputes.

Court’s Comments :

• In State of Haryana v. Sanjeev (2012), the Supreme Court observed that the misuse of dowry-related laws is a serious concern and called for a thorough investigation in each case to avoid wrongful convictions.

Major Supreme Court Statements and Observations on Misuse:

1. False Cases and Misuse of Law: The Supreme Court has repeatedly warned against the misuse of laws designed to protect women. In Sushil Kumar Sharma v. Union of India (2005), the Court acknowledged that certain provisions of Section 498A of the IPC were being misused for personal vengeance or as a weapon for extortion and advised the authorities to ensure that these laws are not misused.
2. “Gender Neutrality” and Abuse of Laws: In several judgments, the Court has stressed the need for gender neutrality in the application of laws. The judiciary has pointed out that while laws for the protection of women are crucial, they should not be misused for personal gain or revenge, and false accusations must be dealt with seriously.
3. Protecting the Innocent: The Supreme Court, in Chandran v. State of Kerala (2015), observed that both men and women should be protected from the misuse of legal provisions, and the courts should exercise caution when hearing cases under such laws. The Court has often highlighted that false allegations could ruin the lives of innocent men and their families, emphasizing the importance of fair investigation and due process.
4. Preliminary Inquiry: In Arnesh Kumar v. State of Bihar (2014), the Court mandated a preliminary inquiry before any arrest is made under Section 498A. This was in response to concerns that the law was being misused to make arrests without adequate evidence, causing undue harassment to families.

Data and Statistics:

1. National Crime Records Bureau (NCRB): According to NCRB data, there has been a steady rise in complaints under Section 498A over the years, but the conviction rate in these cases remains low, which suggests the possibility of false or fabricated cases being filed.
   1. In 2020, the number of cases filed under 498A was approximately 1.5 lakh, but the conviction rate was around 15%. This disparity between the number of complaints and convictions has raised concerns about misuse.
2. False Case Allegations: A report by the National Commission for Women (NCW) highlighted that many women had been involved in filing false cases under these protective laws, citing personal animosities or economic gain as reasons. Some estimates suggest that over 20-30% of cases under 498A could be false or motivated by personal vendettas, though these numbers vary across different reports.

Conclusion:

While the intention behind these laws is to protect women from abuse and violence, their potential for misuse cannot be ignored. The courts have recognized this issue and have passed various judgments to curb the misuse, such as requiring preliminary investigations, promoting gender neutrality, and preventing the arbitrary arrest of individuals.

Both lawmakers and the judiciary continue to grapple with the fine balance between protecting women’s rights and preventing the abuse of legal mechanisms.

By Advocate MD Zahid Falahi