law

INTRODUCTION

Being a man, it is a crime in India nowadays and marrying a woman is a heinous and dangerous crime. This is because of gender-biased law in the name of laws to protect women. Now, Indian society becomes women dominating society because of biased law. Women empowerment and feminism become a trend in India.

As we know, in our daily life, we see many frauds or false cases by women against men in newspaper, TV and our neighbourhood and many become a victim of these cases. Law is a body of rules of action prescribed by a controlling authority and having binding legal force. The main purpose of the law is to maintain peace and order in the country and stop crime against individuals, states or any other authority. India always focused on the shabby treatment of women but never thought about a woman can also harsh by misusing the law.

CAUSES OF MISUSE OF LAW

There are three reasons that women misuse the law:

  • The law is made for the protection of women is gender-biased and in favour of women.
  • The potential for misuse is astonishing.
  • The definition of Domestic Violence is too expanding.

Basically, in the case of Domestic Violence, assuming evidence for domestic violence which describes under Section 113 – B of the Indian Evidence Act, 1872. Most of the complaints are filed for taking revenge form her husband and his relatives in the heat of the movement over the minor or insignificant issue and fight. As women know, all the laws in the protection of women like rape, assault, sexual harassment etc. are cognizable, non-bailable and there is rigorous punishment that’s why she misuses the law. All these crimes started from blackmailing, where a woman threatened a man to do some favour otherwise she alleged him for sexual assault, rape etc. which is very common. A man and his family are scared of blackmailing because a woman has the power of law.

Section 498A:

Section 498A of the Indian Penal Code, 1860 defines “Husband or relative of a woman subjecting her to cruelty.” The cases which assume evidence of crime have more false or fraud complaints. The provisions of law expand too much and always protects a woman. Even, India does not have any data of false complaints by a woman which can be issued in public because it is a very sensitive topic. In India, a woman can slap a man but a man cannot do the same because then it becomes a matter of cruelty.

This is a myth that the law is made for the protection of woman and are gender-neutral laws. The fact is that the laws are misused by women for taking revenge from men only because it is anti-men society and men is more powerful than women. We all are aware of Amity, Noida case where two girls asked a gang of 25-30 goons to beat two boys brutally over a lame parking issue and filed a case of molestation on them.

POSITION OF MALE IN INDIAN SOCIETY AND LEGAL SYSTEM

In Indian society, a man is more powerful than a woman in all spheres. However, the trend is now changing as women are more powerful than men. In the Domestic Violence Act, 2005 it assumes that men are always perpetrators of domestic violence and women are victims. Only women have the right to file complaints against men and men do not have any rights in this law.

In Indian legal system and society, if a man is the victim of rape, sexual harassment, assault, then society make a joke or the fun of him and see him vulgar and dirty and there is no provision for the rape of men by women and other crimes like rape. Indian feminists think that only men are perpetrators of a heinous crime but now this becomes myth. Men have also started sharing their harassment or torture by women or his spouse and her family but there is no law for this crime. Even, there is no hint or hope today that any law made for victim’s men of rape, sexual harassment.

CONSEQUENCES OF MISUSE OF LAW BY WOMEN

The consequences of misuse of the law by women are also lying on the men. Men have to bear all the consequences. When any case is filed against a man, the public view the accused with so much passion that they consider him as the culprit even after the person is proved innocent. It is very difficult for the public to believe that a man never commits Domestic Violence and is innocent.

This false complaint takes the job, visitations with children, reputation becomes negative, education etc. This creates a criminal record that can impact further employments. Sometimes, this leads to emotionally unstable and depressive life which becomes the reason for committing suicide. If a person is accused then he will get rejected from society. The consequence of a false complaint creates many problem and negativity. This is faced by man and his family which affects mental and physical health. The consequences are so harsh and are not bearable.

PUNISHMENT AGAINST MISUSE OF LAW BY WOMEN

There are many punishments prescribed in the Indian Penal Code, 1860. In case of a false complaint filed or false evidence has been presented to prosecute an innocent person. The person has the right to take action against women in case of a false complaint. Section 182, 186, 191, 192, 193, 195, 199, 200, and 211 of the Indian Penal Code, 1860 describes different punishments for different false complaints and false evidence. The punishment prescribes less imprisonment or fine. This is not enough for a false complaint. In many sections, the punishment is imprisonment for six months or one thousand fine. There should be rigorous punishment because a man suffers a lot. The punishment should be specified specially for a woman who files a false complaint in order to take revenge.

CONCLUSION

In my opinion, the legal system should punish women for filing false or fraud cases against men. Many of us also become victims of this. However, we are not ready to take action against the woman. People often let it slide by thinking that she is a woman. There should be rigorous punishment for filing false or fraud complaint. Such false complaints decrease the reputation of the man in society. Also, makes him the culprit in the eyes of society. This is a dishonourable and disrespectful trend of registering false cases in the face of feminism and women empowerment.


Author:

Nishu singh Nishu Singh | JIMS, Greater Noida

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