Gender Misuse

Introduction

India has been a male dominated country for decades, which led to creating new women centric laws. The new laws like The Domestic Violence Act, 2005, was enacted for protecting women who have been mentally and physically harassed and tortured in the Indian society for years. The Hindu Adoption and Maintenance Act, 1956 is an act which has helped women have a decent living after getting a divorce. Section 498-A of the IPC, 1860 provides protection to married women from cruelty and dowry harassment from her husband or any relatives of the husband.

How are Women centric laws misused?

While such women centric laws are indispensable to protect the interests of women, there are instances where these laws have been misused by women for their own benefits. There are many cases in which women have misused the laws specifically made for them to satisfy their ego and their needs.

Case

In the case of Sejalben Tejasbhai Chovatiya vs. State of Gujarat, the wife didn't state in the facts that she was receiving an income of Rs. 40,000 per month from the business. She also stated that she was performing all the domestic/household work but she never once received an income in exchange. Because of this false evidence adduced by the petitioner, she had committed perjury. The court said that laws which usually favor the women have been misused by providing false evidence and for the above reasons, the court dismissed the petition.

Discriminatory to the Male Gender

Laws like the DV Act, Section 498-A of IPC, Section 304-B of IPC and the Maintenance Act are all women centric. In matters of cruelty, dowry and harassment, men are not always at fault and women can be culprits too. It is proven that cruelty can emerge from both the parties in a marriage. Therefore, this issue requires provisions which are male and female centred instead of just provisions which benefit one gender. Husbands and their relatives are being dragged into cases without having their part in the wrong committed by women with an unlawful motive. 

Need for Change in Laws with Change in Society

The laws discussed  in this research were made in the years 1860, 1956, and 1983 – an era when women didn't really have much of a say in anything. At that time, men were said to be superior to women. Laws should be ever dynamic and must keep pace with the evolving social milieu. In today’s world, women are also harassing males and subjecting males to cruelty; as has been already established.

Conclusion

The misuse of these laws are an abuse to the legislation and the purpose of these laws. The change in these laws can be brought by lawyers. Lawyers have the power to argue before the court about the demerits of not making these laws gender neutral. They have the opportunity to initiate changes and stop women from harming the purity of the institution by misusing laws that are supposed to act as a shield. 

- Neha Chaturvedi