Beengaluru-based AI engineer Atul Subhash died by suicide. He left a 24-page note and a video in which he accused his estranged wife and her relatives of harassment, filing multiple cases, and demanding alimony. This emphasizes the need for gender-neutral laws to safeguard both men and women from misuse.
Introduction
- Harassment cases involving men are often taken lightly or dismissed altogether, creating a sense of injustice.
- While the intention behind legal frameworks designed to protect women from exploitation is commendable, they sometimes have unintended consequences that lead to the harassment of men.
Enroll now for UPSC Online Course
Evolution of Laws Protecting Women
- Indian Penal Code, 1860: The Indian Penal Code (IPC), established during the British colonial period lacked clear definitions for consent and marital rape, leaving women vulnerable to exploitation.
- Nirbhaya Case 2012: The Nirbhaya case in 2012 led to widespread protests and demands for stricter laws to ensure women’s safety.
- Strict Laws: In response, the Indian government passed new laws, strengthening punishments for crimes against women.
- Loopholes: However, these laws, while designed to protect women, created new loopholes that have been exploited, often causing fear and suspicion among men.
Male Victims of Exploitation
- Exploitation Mechanisms: Despite progress in addressing women’s exploitation, there are instances where some women exploit these laws for personal gain, seeking revenge or blackmailing men.
- Non-Bailable Offense: Under laws like former Section 498A of the IPC, men are often arrested immediately upon a case being filed, with no provision for bail until the trial is completed.
- Against Natural Justice: This creates a presumption of guilt, violating the principle of natural justice, which states that one is innocent until proven guilty.
- Impact On Men: This immediate and severe legal action can have devastating consequences for men, including reputational damage, financial loss, and emotional trauma.
Growing Concerns of False Allegations
- False Cases: According to a report by the Delhi Commission of Women (DCW), over half of rape cases in Delhi are found to be false.
- For Instance: A notable example is the case of Vishnu Tiwari, who was convicted of rape in 2000 and sentenced to life imprisonment in 2003. He was acquitted only in 2001 after it was found that the charges were false.
- Questioning the Credibility: This case highlights how false accusations not only harm the accused but also diminish the credibility of genuine rape cases, raising doubts and skepticism about the legal system.
- Extortion via False Rape Cases: Another alarming trend is the rise of extortion through false rape cases. These cases often go unnoticed by the authorities, further damaging the trust in the judicial system.
- For Instance: A Jaipur gang reportedly extorted 15 crore rupees from men by filing 25 false rape cases in a year.
Check Out UPSC CSE Books From PW Store
Legal Loopholes in Domestic Violence Cases
- “Promise of Marriage” Clause: Under former Sections 375 and 376 of the IPC, a “broken promise of marriage” can lead to charges of rape.
- Question on Consent: This legal provision has been criticized for blurring the definition of consent. The system becomes susceptible to false allegations when an agreement is made but later retracted, leaving men in a vulnerable position with limited recourse.
- Section 498A and Dowry Deaths: Section 498A of the IPC allows for the immediate arrest of men and their families in cases involving dowry harassment, even if the accusations are baseless.
- In extreme cases, infants and elderly family members have been arrested. Some may use these laws to extract an unfair divorce settlement or to pressure their husbands, which raises concerns about legal fairness.
- Argument For: Some may say without using such laws some men may not take the cases of divorce settlement seriously.
- Pune Case, 2023: In a 2023 case in Pune, a wife’s physical assault allegedly led to her husband’s death. However, the case was registered only after his death occurred, leading to questions about the disparity in how domestic abuse laws are applied.
Alimony and Maintenance Laws
- Historical Context: Alimony laws were historically designed to support women, particularly during the purdah system when women were economically dependent on their husbands.
- Current Misuse of Alimony Laws: Today, some high-earning wives are demanding large sums in alimony, sometimes running into crores of rupees. The situation is exacerbated by communication gaps in the judicial system, leading to multiple recoveries and a lack of transparency.
- Shiv Kumar Case: Disabled Delhi man, Shiv Kumar, has gone for crowdfunding to arrange about Rs 5 lakh in alimony that he needs to pay his wife to settle their divorce case.
- Punishment for False Allegations: To ensure fairness in the judicial system, there should be provisions for punishment for filing false allegations, such as fines or jail terms.
- Investigation Before Arrest: Additionally, false rape cases should be investigated thoroughly before any arrest is made, ensuring that men are not presumed guilty without evidence.
- Review of Maintenance and Alimony Laws: The income of the wife and the husband’s ability to pay should both be considered before awarding alimony.
- Shared Parenting: Furthermore, in cases involving child custody, international norms should be followed, and shared parenting over mother’s responsibility should be encouraged.
Enroll now for UPSC Online Classes
Conclusion
The legal system needs reforms that provide fair treatment for both genders, ensuring that both men and women are protected from harassment and injustice. By introducing gender-neutral laws, reducing the misuse of alimony laws, and ensuring that false allegations are punished, India can create a more just and equitable society for all its citizens.
December 14, 2024
