Volume I, Issue 1 (2025)
Between Protection and PrEjudice :
A Critical Study of Women-Centric LegislationS in India
Author – Jahnnvi Mishra, Student, BA.LL.B (Hons.), Narsee Monjee Institute of Management Studies (NMIMS), Indore
Co-author – Harsh Vardhan Srivastava, Student, BA.LL.B (Hons.), Narsee Monjee Institute of Management Studies (NMIMS), Indore
Month, Year of Publication – February, 2025
Abstract
Throughout history women were the most vulnerable group of the society and thus to uplift their position and protect their rights, various laws were made with a good intention of safe guarding women against various types of offences, like section 85 & 86 of BNS (498A of IPC), Domestic Violence Act, Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, Dowry Prohibition Act, 1961, etc. These laws were specially designed to protect women and so far, they are successful in their aim. But a recent trend has emerged which is a concerning issue for both, the government as well as for the society i.e. we see a lot of fake cases being filled against men by women which leads to tarnishing of their image and even leads to suicide. These laws which are made for the protection of women are double edged swords. On one hand these laws are safeguarding women from the imperious society whereas on the other hand these laws are being misused by them itself. It’s quite logical as to why these laws were being made in the favor of women but now it’s high time that we need a change, as now violence is no longer associated with females only, males are also getting physically, mentally and sexually assaulted. However, they are not reporting these crimes because laws in India are only framed for women which refrain them from reporting such crimes.
This research paper critically evaluates how these various laws are used by women against the men in the society by making false accusations and how their exaggerated claims lead to a damage in the reputation of both men and also their families. Using a combination of case laws, statistical data and previous research. The researchers asses its impact on men and society at large advocating for the necessary rework to be done in the legal framework and suggest that there should be a balance maintained in the protection of both men as well as women.
keywords
women laws, male rights, legal prejudice, discrimination, gender equality
I. Introduction
In the labyrinth of justice where law stands as the base of societal protection, a puzzling anomaly has emerged. We talk about feminism and women empowerment these days, but forget in the loud claims that on the other face of the coin there are women who drive their husband to the pathway of suicide by falsely accusing them. According to the National Crime Records Bureau data published in a Suicide report- 2021, out of all suicides, 72% were committed by men, of which 66.9% were by married men1. This indicates a concerning trend where a significant number of cases are filed because of these biased laws, which results in acquittals and the long years of legal battles leave both the families reputation blemished. While the provisions like cruelty against wife, alimony claims, sexual harassment and Dowry Prohibition Act, 2005 were enacted with the intention of protecting women from cruelty and harassment in marital relationships, but there have been instances where it has been wrongfully used, resulting in adverse consequences for the accused and their families.
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Cite as
Mishra, J., Srivastava, H.V. “Between Protection and Prejudice : A Critical Study of Women-Centric Legislations in India” International Journal of Legal Policy, Vol.1(1) 3-14 (2025)
