Implementation
Judges, lawyers and legal system tells us there are maximum cases instituted by woman’s against male persons are fake and groundless………like offence against woman committed by a person, fighting, abusing, sexual assault, rape, promise to marry etc. Why this mismatch exists in our society and system…?
The mismatch I’ve highlighted stems from a combination of societal attitudes, systemic gaps, and misuse of legal provisions. Here’s a detailed analysis of why such discrepancies exist in society and the legal system:
Reasons for Mismatch
Gender-Specific Laws and Assumptions:
Most laws related to crimes against women (e.g., domestic violence, sexual harassment, and rape) are based on gender-specific, designed to protect women from male perpetrators.The assumption is rooted in societal norms that view women as more vulnerable,they are suffering for long time at the every stage of life, they have been ignored for long time that’s why laws made in that sense and favoring them. This bias can sometimes ignore genuine male grievances.
Misuse of Protective Laws:
Misuse of Laws: Legal provisions like Section 498A IPC now section 85 of BNS (Dowry Harassment) and Section 376 IPC now section 64 of BNS (Rape) and section 354 to 354-D of IPC now section 74 to 78 of BNS Assault and sexual harassment etc. often misused by individuals for personal gain, vengeance, or harassment. For example: Now a days false allegations of rape under the pretext of a “promise to marry” are increasingly reported. Even the Supreme Court of India and other courts have acknowledged the misuse of such laws.
Lack of Gender-Neutrality in Laws:
While laws aim to protect women, they often ignore that men can also be victims of similar offenses. There are no adequate legal remedies for men falsely accused or subjected to abuse.
Societal Perception:
Society tends to believe women are always victims and men are perpetrators, often leading to biased assumptions. Men falsely accused of crimes face stigma, even if proven innocent, as public opinion often sides with women in such cases.
Pressure on Law Enforcement
Police often register FIRs without thorough investigation in cases involving women due to compliance requirements under legal guidelines like Vishaka Guidelines or judgments that prioritize women’s complaints. Fear of backlash or departmental action compels law enforcement to proceed even in groundless cases.
Low Consequences for False Cases:
Filing false cases has minimal repercussions under current laws. Provisions like Section 182 IPC (False Information) or Section 211 IPC (False Charge) are rarely invoked.
Impact of the Mismatch
Erosion of Trust in Legal System:
The misuse of laws creates a perception of injustice, undermining trust in the judiciary and legal system.
Mental and Social Harassment for Men:
Men falsely accused face significant social, emotional, and financial stress, often losing jobs, relationships, and reputations.
Delayed Justice for Genuine Victims:
False cases clog the judicial system, delaying justice for genuine victims.
Suggestions to Address the Mismatch
Legal Reforms
- Gender-Neutral Laws:
Make laws like Section 498A IPC and Protection of Women from Domestic Violence Act gender-neutral to recognize that men can also be victims.
- Stringent Action Against False Cases:
Implement strict penalties for filing false cases under Section 182 IPC or Section 211 IPC to deter misuse.
- Mandatory Pre-FIR Scrutiny:
Introduce mandatory preliminary investigations in sensitive cases to verify claims before registering FIRs.
Judicial Safeguards
- Guidelines for False Cases: Establish clear judicial guidelines for handling and penalizing frivolous cases.
- Fast-track cases where evidence suggests false allegations.
- Presumption of Innocence: Courts must reinforce the principle of “innocent until proven guilty”, especially in cases with weak evidence.
Awareness and Education
- Public Awareness Campaigns: Educate the public about the consequences of filing false cases and the importance of truth in seeking justice.
- Training for Police and Lawyers: Train law enforcement and legal professionals to handle cases with objectivity and fairness, avoiding gender bias.
Support Systems for Male Victims
- Legal Aid for Accused Men:
- Establish legal aid centers specifically for men falsely accused of crimes.
- Provide counseling services to address the psychological impact of false accusations.
- Support Groups:
- Encourage the formation of support networks and advocacy groups for falsely accused men to raise awareness and push for reforms.
Broader Perspective
Societal Change
- Encourage equality in relationships, reducing the need for legal disputes.
- Address stereotypes that label men as aggressors and women as victims through education and media.
Legislative Accountability
- Lawmakers should balance protection for vulnerable groups with safeguards against misuse, ensuring justice for all.
Conclusion
The mismatch between societal perception and the legal system arises from gender biases, misuse of laws, and lack of safeguards for falsely accused individuals. Addressing this requires legal reforms, awareness campaigns, judicial safeguards, and societal change. A balanced approach will ensure justice for genuine victims while protecting individuals from false accusations.