Patriarchal Society but Women Centric Law

Abstract

India has enacted several special laws to protect women from domestic violence, dowry harassment, sexual offences and other forms of gender-based discrimination. These enactments were introduced to address the historical and social disadvantages faced by women and to secure their constitutional right to equality and dignity. While those protections remain indispensable, judicial decisions have acknowledged that in certain cases such provisions may be misused through false or malicious complaints, resulting in hardship to innocent persons. This paper examines the misuse of protective laws in matrimonial and other gender-related disputes, with particular reference to the discourse on male victimisation. It considers judicial precedent and statutory provision in order to evaluate whether the existing framework provides adequate safeguards against abuse of process while continuing to protect genuine victims, and it notes the social stigma faced by male complainants, the problem of under-reporting and the absence of specific remedies in certain situations. The paper does not question the necessity of laws enacted for the protection of women. It argues rather that the administration of justice must remain fair, impartial and evidence-based, and concludes that strengthening procedural safeguards, ensuring fair investigation and considering gender-neutral measures where appropriate would better uphold the constitutional principles of equality before the law and the equal protection of the laws under Article 14, while preserving the rights and dignity of all persons irrespective of gender.