An Analysis Of The Misuse Of Laws By Women

Muskaan Agarwal, Amity Institute of Advanced Legal Studies, Amity University, Uttar Pradesh

ABSTRACT

India's history has long been marred by the ongoing challenge of gender inequality, a deeply rooted issue that has denied women the respect and dignity they deserve throughout the ages. India was a society where the rights of women were often disregarded and violated, reflecting a system that favored male dominance. In order to address this matter, several laws were implemented to safeguard women from various forms of mistreatment. Some of the relevant legislations are the Domestic Violence Act of 2005, the Maintenance Act, and Section 375 of the Indian Penal Code. These laws were created to protect women from different types of mistreatment, such as harassment, torture, divorce, rape, and other forms of injustice. Nevertheless, these laws also had unforeseen repercussions, as they were occasionally manipulated by certain individuals for their own benefit. There have been several instances where certain individuals have exploited these laws to falsely accuse others, resulting in the unfair conviction of innocent individuals. Furthermore, these laws exhibit a bias towards a specific gender, offering safeguards for women's rights while not affording the same level of protection to men's rights. It is unfortunate that individuals of all genders can be subjected to physical, emotional, and sexual violence. However, some men may feel hesitant to report such incidents due to their concerns about potential bias within the legal system. This paper delves into the gender- specific nature of these laws and the implications they hold for both men and women. Additionally, it offers recommendations on how to discourage the improper application of these laws by women and advance gender fairness in India.