MISUSE OF LAW BY WOMEN AND ITS CONSEQUENCES ON MEN
Today, we have travelled so far from the era when security and protection of women was the paramount concern in our society, and the gender inequality was at peak, where the men relatively had greater access to the privileges and the women were left on their mercy, to the time where unfortunately the laws enacted to ensure protection, security, and equality are being misused by some women. It’s crucial to acknowledge the awful reality that false accusation against men have become increasingly prevalent, particularly the cases of domestic violence, harassment, sexual assault, and matrimonial disputes, having severe and long lasting consequences on their life, liberty and reputation. The potential of manipulation of legal system for the personal gain is a matter of great concern.
That over past few years due to the registration of false cases many men have felt compelled to resort to suicide. As per the National Crime Report Bureau (NCRB) data about 1.18 lakh people committed suicide during the year 2019 of which 75% people who ended their lives were men. Furthermore, heading to the classification, 37% of men ended their lives due to the matrimonial disputes. And in the year 2021, again about 1.2 lakhs of men ended their lives across the country of which around 33% suicides were due to family disputes and legal proceedings.
The exaggerated versions of the incident are reflected in the large number of complaints filed by women against their husbands and the same was considered at length in the Law Commission Report no. 243. The report mentioned that there is not even an iota of doubt that most of the complaints are filed in the heat of the moment over trivial fights and ego clashes. Furthermore, in Dr. Justicce V.S Mallimath Committee’s Report on Reform of Criminal Justice System categorically noted “the harsh laws, far from helping the genuine victimized women, has become a source of blackmailing and causing harassment to the husband and others, and once the FIR lodges with the Police Station it becomes an easy tool in the hand of police to arrest or threaten to arrest the husband and other relatives named in the FIR”. In such cases the chances of amicable reconciliation or saving the marriage is lost. Pragmatic realities have to be taken into consideration while dealing with the matrimonial matters with due regard to sensitivity of the matters. The misuse of the provision 498A was also evaluated by Hon’ble Mr. Justice Kailash Gambhir in the case titled Chander Bhan and Anr. Vs. State, Bail Appl. No. 1627/2008, whereby the Hon’ble Justice Kailash Gambhir observed “the offence of cruelty by the husband or the relatives of husband (section 498A) was added in 1986 to curb the vise of subjecting women to coerce them of their relatives to meet the unlawful demands for dowry. Since its enactment, this provision has been subjected to systematic and sustained attack”. Pursuant to this observation the Hon’ble Court laid down some broad guidelines to save institution of marriage and matrimonial homes and to prevent implication of men in false cases.
At last, the complete burden of misuse of the law cannot be solely attributed to women but the Advocates dealing with laws designed for the protection of women, particularly matrimonial laws also bear responsibility. They often do not flinch from incorporating false and concocted stories of harassment to gain an advantage or the upper hand in cases. Therefore, what is necessary in such circumstances is to sensitize them to the consequences of filing such false cases, which can subject innocent individuals to the most difficult times of their lives.
Authored By : Adv. Jyoti Thakur