EFFECT OF LAWS CREATED TO SAVE WOMEN, IN PRESENT TIME

Sudeshna Mondal, Student, University of Allahabad

Introduction

India the country known for its rich diversity in culture over the passage of time has seen the deteriorating condition of women. To empower women and bring them to the mainstream society in equal level to men. Many women centric laws were made to empower them. Although with the passage of decades the same laws are misused and used by women against men to commit crime and play the victim’s card.

The women-centric laws are misused a lot, and its victim are the men. The major victim of this misuse are the women who are really the victim and they really need the help of this laws, alongwith this those men who are the victim and still represented to society as the culprit.

Often the tears of men are left unseen by the society, as boys are taught from childhood boys don’t cry. The misuse of these women centric laws destroys the career of men and their reputation they have gained over the years, these false cases don’t even take a minute to destroy their reputation, although women hardly think of it. The media even don’t cover all these.

The use of advantage of being female.

The gender biased more inclined laws were made with the purpose to protect women and bring them in the equal platform like men. Although, after decades the same laws are used by women to gain an advantage over men. Thus, the laws which once upon a time were made to protect women, today are anti-men laws.

With the passage of time the women are filling more false domestic violence case. As a result, the men are becoming victim of the laws which were created to protect women. Not only domestic violence this trend can be found in false dowry acts, false rape allegation also.

This law has helped the guilty women to use the law as a shield, to falsely accuse the men for the crime what they haven’t done and play the victim’s card. The laws are used as an instrument to threaten the men.

The society mocks it when it comes to a man being harassed or raped. To the society it is assumed that a men can’t be raped or harassed. Often in these incidents the society closes their eyes. The news relating to women getting harassed by men spreads widely than crimes committed on man.

The situation of men trapped in this situation can be clearly seen in the recent case of Atul Subhash, he committed suicide seeking justice due to the harassment of constantly increasing the alimony amount asked by the wife. She is a working woman; she can spend her livelihood from her earning still she asked for maintenance of the child. Is it only the duty of the father to maintain the child, is it not the duty of the working mother to maintain the child equally like the father. If a women can be a single mother, then she can also maintain and take equal responsibility of the child just like the father.

How are Women-Centric laws misused

False Domestic Violence cases: Domestic laws were created to protect women from physical and mental abuse in her in-laws. This law is often misused to gain unfair advantage to threaten men or the in laws. It is also often used as an advantage to get upper hand in divorce.

False Dowry cases: Taking or giving Dowry is a crime, dowry is still a common practice in rural India. Although many a time man are falsely accused for claiming dowry. These provisions are enacted to protect married women from harassment for dowry.

False Rape cases: Consensual sexual intercourse is not rape. Although how is it possible to prove whether the sexual intercourse was consensual or not. Even in many consensual sexual intercourses it is claimed that men had sexual intercourse without her consent. Even in this situation the society thinks that women are victim and men cannot be. Society mocks if someone says even a man was victim of sexual intercourse.

False Sexual harassment: The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, is enacted to protect women in work places. Even in this situation women’s have misused these laws and filed false allegation on their boss and their co-workers.

Maintenance: Under section 125 of the Crpc and section 144 of BNSS the husband/ father needs to maintain his wife (she is not able to maintain) and child even if she is working. The question that arises here is it only the responsibility of the father to maintain the child, is it not the responsibility of both the working parents to maintain the child. The child cannot be a means for the working women to get alimony from her husband. The wife uses these laws of maintenance to match the alimony she is receiving with the current salary of the men. There are so many provisions for maintaining the wife, but there are no laws of maintenance for men even if they need it.

Position of men

There is a proverb ‘power corrupts and absolute power corrupts absolutely’. The impact of such can be seen in day-to-day life. Even today women are really the victim, still out of 10 cases in 2 cases the men are victim.

The laws that are enacted to protect women, are now used against them. The victim males are often taken to prisons and harassed; the question lies that is it the only way to get justice.

The men’s problems or issues like the suicidal thoughts, stress anxiety is not discussed and highlighted to that extent that women related issues get highlighted. They are not broadly discussed or covered by media like any influencing groups.

More than 66% of the respondents in a survey said that the laws are misused. The survey was conducted by St. Xaviers College students, aimed to look at the social discrimination of men.

Impact due to misuse of laws on victim women

Even today women don’t get equality of opportunities and rights in many spheres of society creating gender bias. The laws need to be improved; along with these various cases like misuse of laws by women is getting common.

Even today in many areas of society women still don’t get proper equality like men. Once women were treated like slaves their life was even worse than pet animals. The laws were enacted and amended to strengthen women, the laws made them stronger and stronger which ultimately led the path to misuse of this laws to threaten men. With the evolution and amendment of rules the lives of women have started to become better. But before their life could fully get better and they could get equal opportunity and advantages in every sphere like men they started to take advantage of the laws and the laws which are enacted to uplift their status, are affecting the men and making them victim of many false cases, which is highly affecting their reputation and career. Women who file false cases doesn’t even think how their act will affect the man, the person who is represented as the culprit is actually the victim of the entire situation.

Over the years the women laws have changed and evolved a lot yet it, still has miles to go. The laws helps in creating gender equality and destroying the systematic barriers and helping them in participating and get equal opportunity in every sphere of society. Like by fixing unequal payment, limited access to healthcare and education and violence against women.

Remedies suggested

Laws must be made to protect women but not at the expense of defenceless men. The laws must be made with minimum loopholes. For example, in the Dowry Prohibition laws both the families are equally responsible for breaking the laws, still most of the time only grooms are punished.

Conclusion

The patriarchal society places some extra responsibility on the men, it may be the price which the men are paying for enjoying such an advantageous position in society in the past. Although one gender in a society cannot get benefit by compromising the other gender.

References:

The misuse of law by Women in India -Constitutionality of Gender Bias Negha Senthil, Jayanthi Vajiram, Nirmala.
Misuse of women centric laws in India by – Aanchal Gupta
Misuse of women centric laws: a rising trend, by Theamikusqriae

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