Author: Sanjana Seth
“Illegitimate freedom is only a different shade of bondage” ― Kingsley Opuwari Manuel The constitutionally guaranteed freedom of women in India is frequently inconsistent with the harsh social reality of the land and its cultural values. In the 20th century, during the war for Freedom, the movement for women's equality started in India. Once in our lives, though, we all heard that abundance of something is risky. The same saying applies to women's rules, which have created undue independence from the fluid existence of women-centered rules. That has led many women to exploit such rights and men have to suffer the worst consequences. For women trapped in abusive or violent marriages, these laws were meant to be a blessing. A thorough study, however, shows that the "women and children's health" tactic of this law is yet another misguided effort to pass legislation to give women legal superiority over men and establish a society where men are stripped of their rights. INTRODUCTION Whenever it comes to the empowerment of women, we used to quote a statement that: “या देवी सर्वभूतेषु शक्ति-रूपेण संस्थिता। नमस्तस्यै नमस्तस्यै नमस्तस्यै नमो नमः या देवी सर्व भुतेशु शांति रुपेन सस्मिथा नम: तस्ये नम: तस्ये नम: तस्ये नमो नम: |”. This refer as: "To that goddess who abides in all beings as strength, greetings to thee, to that goddess who abides in all beings as peace, greetings to thee." Women are the personification (goddess durga) of all powers, peace and knowledge. Now, the crime rate against women is high in comparison to males, but now these gender-skewed laws have become more misused than used. Females use these laws as a protection against males. All these law-abiding women automatically have women as a victim and male as a suspect. In such cases, an innocent male is often found guilty and then it takes years to prove his innocence. There are several cases where women want their husband to live separately from their parents and set up a nuclear family where the man resisted and, although they lost, the woman used IPC section 498A as a negotiation weapon. In one case, a wife was a rich businessperson’s only daughter who wanted her husband to leave his parents and live in a nuclear family. Since the burden of leaving, his parents did not yield to him. She was later arrested by both her parents, father and mother-in - law and imprisoned for several days under 498A. Isn't this a misuse of the law against our own and loved ones, too? The percentage of misuse might be less, but confidence in households, many families and I are badly hit. In another case, the police dragged an individual and beat him up at the station. Since a girl has a personal enmity, she took it out by wrongly accusing men of teasing Eve. There is, however, no teasing. Moreover, when it comes to women, there do the police conduct no checking; they only acknowledge what she says as women, the sacred facts. These days many women misuse the laws meant for their protection and the laws have trapped many young men. In addition, studies show that many men commit suicide due to mental trauma, which they suffer from because of false allegations charged by the females than the stress of workloads or any other reasons. The Madras High Court has recently introduced an amendment to the laws of 'women's security' so that it can avoid their misuse and safeguard the interest of 'innocent masculinity.' A survey study says 75 percent of accusations of rape are unfounded. In the case of Kanraj vs. Punjab State, SC held that there must be strict evidence of the indulgence of relatives in the crime and that they would not be prosecuted because of the husband's fault. SC held that there must be strict evidence of the indulgence of relatives in the crime and that they would not be prosecuted because of the husband's fault.
WOMEN'S CRITICAL STUDY OF CENTRIC LAWS:
The recent judgement of the Supreme Court on the alleged misuse of Section 498A IPC and the establishment in every district of the country of Family Welfare Committees is nothing short of a deathblow to the already heavily diluted provision in the IPC that criminalizes the cruelty of their husbands and in-laws towards married women. Section 498A has been attacked by numerous 'men's rights advocates' from the very beginning, however, Section 498A has been attacked by numerous "men's rights activists" from the very beginning. They argue that women "misuse the law," "misuse is expressed in the low rate of prosecution and high rate of arrest," and so on. Many issues affecting men today could be described at length, including the male suicide crisis, the lack of support for male victims of domestic abuse and the falling behind of young men and boys in education.
Dr. N.G. Dastane vs. S. S. While physical cruelty is assumed to be done predominantly by husband, both husband and wife could do the powerful but mental cruelty, Dastane, SC held. Even a wife may commit mental cruelty to her husband. While the implementation of women-centered laws had a justified cause in terms of women’s circumstances, women's actions also changed with the changing period. I sometimes doubt that this would relate to a legal danger. If we are talking about gender equality rules, so both men and women should be equal. If the legislature makes any new law that benefits women, then it should ensure that the effects of such laws should not have a laceration on the entire life of males. The most misused statutes are Sections 375, 376, 498-A of the IPC, the Domestic Violence Act and the Dowry Prohibition Act, which were a menace to men and their families. The Legislature formulated numerous laws for women, but not a single male-favoring law. Under Sec. 497 (now repealed), adultery was seen as a crime against men and not women, although both have sexual consummation with consent. When adultery was a crime and both male and married women had their mutual consent to sexual intercourse, why is only a man accused and a woman free not to be prosecuted? In order to maintain a smooth functioning of society, there are few things that are required, and marriage is one of them. In addition, if one of the two partners violates the sanctity of marriage, the legal system does not dictate with which one should sleep, but rather governs the separation process.
CONCLUSION Overall, if women's right is to use the rights provided by the Indian Constitution for threatening someone and still being protected, then I do not think we deserve these laws as a woman. Women's rights are secured and women are now using it as a shield to make the victim sound like their culprit. Also, I realized that for many years we all witnessing that there is a strong connection between police and judicial biases, corruption and socio-economic disadvantages of women centric laws which lead to the inadequate investigation and the benefit of doubt was access to the law by the accused or bias against women. The court must see that an innocent individual is not rendered to suffer because of accusations that are unfounded, baseless and malicious.