- Raunak Kumar Singh
INTRODUCTION:
Misuse of legal provisions is a severe concern in India, where laws are introduced to protect individuals from harm, can sometimes be exploited for personal gain by both men and women. This article clarifies cases where legal provisions have been misused in ways that disadvantage men.
Since we all know laws are introducesd to reform the society removing obstacles, hurdles faced by certain group of people.
Now let’s suppose laws introduced for societal change are used for personal benefits?
At present world Divorce and Matrimonial cases are on rise and at times lead to False allegation against men by women during Matrimonial Disputes.
Let’s talk about the misuse of law which is heavinly impacting men in India
Article 15(3) of constitution enables the state to make special provisions for women and children. It explicitily enables the creation of laws or policies aimed at improving the welfare of women, even if they are discriminatory in favor of women, to address historical inequalities.
Initially, women in India were subjected to dowry related and domestive violence cruelty in their matrimonial homes. In response certain laws as DOWRY PROHIBITION ACT, DOMESTIC VIOLENCE ACT were introduced. These acts came into existence to protect women from domestic violence and dowry related cruelty to protect them from certain abuse. These laws have undoubtedly gave a significant assitance to women who were the victims of domestic violence in their household. However,at the same it can also be acknowledged that, in some instances, these laws have been misused by few women.
Some of the provisions which are commonly misused by women in India are 498-A of the IPC ( now Section 84 of the BNS) and dowry-related offenses. In India dowry and domestic violence related offences are treated as criminal acts and are punishable under the law. But the women also abuse the law and file false cases of dowry harassment against their husbands or the in-laws to get an edge in the case of divorce. This abuse not only discredits the law but it also takes away the legal right of men. Then the question arises why such provisions are being abused by women?
The majority of the provisions are being misused by women at alimony stage to receive huge alimony and to get on the edge during matrimonial disputes
False complaints are a raising issue, and usually even when the police suspect that a case may be fabricated, they proceed with lodging an FIR because they know if they fail to register the complaint, the woman might later claim that the police intentionally refrained from doing so, possibly alleging a conspiracy with her in-laws. in arnesh Kumar vs State of Bihar(2014) direction given by a supreme court that Police must complete a checklist justifying the arrest and submit it along with reasons and evidence to the Magistrate when presenting the accused for detention.
Women can falsely charge their husbands and in-laws for dowry with the aim of getting the upper hand during a divorce case or to squeeze out money. Nevertheless, the Act is assumed to safeguard from physical, emotional, and sexual assault by their spouse. But some women misuse it to harass their husbands, by registering false cases of domestic violence against them. What are the means of cruelty being abused by women? Women abuse the legal process by registering false criminal cases to exert pressre on men and undermine their stand in a matrimonial dispute.
What forms of cruelty are being misused by women?
Women sometimes misuse the legal procedure by filing false criminal cases to put pressure on men and weaken their position in a matrimonial dispute.
Furthermore, in some situations, matrimonial cruelty which can include emotional, physical, or psychological abuse within the marriage, might are misused by women get an upper hand in legal proceedings, such as divorce, child custody etc.
Misuse of these provisions can lead to unjust outcomes including damage to personal reputation, financial loss, emotional distress, and unfair legal implications.
In digambar and another vs state of Maharashtra and another The Supreme quashed a domestic cruelty case under Section 498A IPC against the husband’s parents which was registered with an ulterior motive by the daughter-in-law to force their son to consent to divorce.“These facts lead us to conclude that the proceedings were initiated with an ulterior motive of pressurizing the son of the appellant herein to consent to the…
LEGAL PROVISIONS AND THEIR MISUSE:
There are various legal provisions to protect women’s rights have at times have been misused against men. Some examples include –
Let us understand through various Landmark Judgement by Apex Court where some women misuse the provisions
1. Section 498-A of IPC (now in section 84 of BNS) and Dowry Prohibition Act, 1961: This law was enacted to criminalize cruelty against a married woman by her husband or his relatives. It also criminalizes harassment with the intent to coerce the women to meet unlawful demands.
In December 2024 in a case Dara Lakshmi Narayana v. The State of Telangana , the Supreme Court quashed a false dowry harassment case under Section 498A of the Penal Code, 1860 (‘IPC’) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (‘Dowry Act’), the division bench while setting aside the impugned order, and quashing the FIR, opined that the impugned FIR was initiated with ulterior motives to settle personal scores and grudges against the husband and his family member.
2 Protection of Women from Domestic Violence Act, 2005: This law provides protection to women from domestic abuse including physical, emotional, and economic violence.
Men, however, are not granted similar legal protections even though cases of abuse against them exist.
Several cases has highlighted by High Courts where Domestic Violence provision have been misused by Women against Men
a. In the case of Major Singh & Anr. v. Sarabjit Kaur, the wife filed a false complaint against her husband because she was having an extramarital affair. She tried to threaten her husband but her husband filed a divorce petition.
Punjab and Haryana High Court ruled that the Protection of Women from Domestic Violence Act is being misused to terrorize the spouses, their families, and distant relatives and this phenomenon has now acquired the name of ‘Legal Terrorism’.
b. In Geetanjali v. Sri B.B. Anantha, the wife filed a false complaint against her husband in order to acquire property from him.
Facts:
Wife in her plea contend that she was being tortured by her husband and not receiving proper treatment. After the investigation, it was observed that the case was falsely filed.
Held:
Metropolitan Magistrate, Bangalore observed that the testimony of the complainant woman throws light on the conduct of the complainant and the extent, to which she has filed false and concocted allegations on her Husband and in laws citing that women has misused the provision given under Domestic Violence Act, 2005 as a tool to extort unjustified money from her husband.
3. Rape laws: Sections 375 and 376 of the IPC(now in sections 63 and 64 of BNS) define Rape and punishment for it.
There are various judgement observed by High Courts where women miused the provision
In Niam Ahmed v. State (NCT of Delhi) (2023) held that not every breach of marriage constitutes a rape on false pretext of marriage
Facts:
In this case, the prosecutrix, living in Delhi with her husband and three children, developed a romantic relationship with Naim Ahmed over time. Convinced by the accused, she left her husband and children. Respondent promised the prosecutrix to marry after once she gets a divorce. The accused later refused to marry her and relocated to his native place. The prosecutrix filed an FIR under Section 376 of IPC 1860, alleging a respondent promised her to marry
The police compiled evidence, leading to the submission of a charge sheet, and the trial court deemed it a case of rape and breach of promise.
Held:
Delhi High Court overruled the judgement ruling not every breach of a marriage promise constitutes a false promise, recognizing that unforeseen circumstances or complications might prevent marriage fulfillment without criminal intent.
Legal Recourse for Men in India Against False Criminal Allegations
If the spouse is resorting to false allegations to obtain an upper hand in divorce, alimony or child custody cases, the husband has a few legal remedies at his disposal. He can approach the court with counter-cases for:
1. Defamation under Section 499 of the IPC (now Section 356 of the BNS), if the false accusations damage his reputation.
2. Criminal Conspiracy under Section 120B of the IPC (now Section 61 of the BNS) when the false charges form part of a larger conspiracy.
3. False Evidence under Section 191 of the IPC (now Section 229 of the BNS) when false or misleading evidence is produced in a court.
4. Criminal Intimidation under Section 506 of the IPC (now Section 351 of the BNS) when the false charges are made for threatening or intimidating.
Raunak Kumar Singh is a 2nd year B.A. LL.B Student at UNIVERSITY OF LUCKNOW
