Gender Misuse

Introduction

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India’s legal structure is based on its societal skeleton system. Although India is the land of diversity; nonetheless, it is yet a far-fetched vision for India to be a land of acceptance. Discrimination based on the gender of a person in employment, in workplaces, in public places, and general acceptance in society is still very prominent. 

We’ve been talking about equality for several years now. The issue has been swamped by the print media for ages and the digital media in recent years. Everyone talks about equality and how it is important for a healthy society and how it can be accomplished through numerous processes and practices.

Effects on Men

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By seeing the growing pattern of false allegations and misuse of laws that are enacted for the protection of women, a question that arises in the minds of many is, “Are men vulnerable?” The answer to the question is YES, men are vulnerable. They are humans and have feelings. They have their highs and lows in their lifetime. It is because of the mindset of people that they cannot express themselves freely. 

The Constitution of India not only guarantees equality to women but also directs the state to embrace and consider enacting laws to promote positive discrimination in favor of women and children.

Case

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On March 16, 2020, a woman from Maharashtra’s Palghar district lodged an FIR against a man for purportedly ‘drugging and raping her. Afterward, she filed a petition in the Bombay High Court, claiming that she wanted the FIR to be quashed as she did not wish the case to be initiated. She had mentioned pressure from the family was the reason for moving legally against the man. In the High Court, public prosecutor challenged the plea, claiming that the case was under investigation and that the police might well file a charge sheet shortly. She demanded that a hefty fine should be imposed on the lady if the court ruled in her favor, quashing the FIR. Later, the hon’ble court imposed a fine amount of 25000/-to be paid within four weeks.

Suggestions

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Section 498A of the Indian Penal Code, 1860, safeguards a woman from the cruelty of her husband and his family and relatives. by replacing the word ‘husband’ with the word ‘spouse’. It could be more gender-neutral while also being more positive and propitious.

In parallel, the required alteration and amendments could also be made in the Protection of Women from Domestic Violence Act, 2005, which is consistent with Section 498 A of the Indian Penal Code, 1860; or a similar provision could be enacted for the protection of men as well.

Conclusion

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Hence, as a society, we need to be cautious as to who we support. Irrespective of region, religion or ideology, these cases of false reporting are on the rise. This is injustice to the family of the man who gets wrongfully accused, which should not be the case for a just society founded on the principles of harmonious and lawful coexistence. 

- Hrishabh Jain