Misuse of laws related to marriage, domestic violence and gender equality

India’s cultural fabric has always upheld women in the highest esteem as life-givers, nurturers, symbols of courage, and embodiments of Shakti. From Vedic hymns to modern constitutional guarantees, the respect and protection of women is woven into the DNA of our civilization. Our Constitution affirms this Articles 14, 15, and 21 guarantee equality, non-discrimination, and life with dignity, especially for women.

Over the decades, various legislative reforms have reinforced those values: Section 498A of the Indian Penal Code criminalizes cruelty against women by husbands or relatives; the Protection of Women from Domestic Violence Act (PWDVA) of 2005 offers civil remedies; and the POSH (Sexual Harassment of Women at Workplace) Act stems from Supreme Court directives in Vishaka v. State of Rajasthan (1997), aiming to ensure safe and respectful workplaces.

Yet with every protective mechanism comes a possibility of misuse. When laws designed to shield are exploited, the consequences are dire legal trauma for the falsely accused, erosion of societal trust, and delayed or denied relief for genuine victims. The Judiciary, entrusted with protecting both the vulnerable and the fundamental architecture of the law, has stepped in with principled judgments and evolving jurisprudence.

This article explores:

1. The constitutional and societal status of women in India and the imperative to uphold that status.
2. The risk of misuse of women-centric laws and its impact.
3. How courts have acted with arrest reforms, quashing powers, live-in relationship doctrine, POSH oversight, and accountability for striking a careful balance.
4. Suggested reforms for law enforcement, judiciary, civil apparatus, and public awareness to sustain both protection and fairness.
5. The deeper societal narrative: celebrating women’s dignity while affirming Rule of Law.

1. Constitutional Mandate to Protect Women

1.1 Women as Pillars of Society

From ancient epics to modern narratives, Indian society venerates the feminine principle. Mothers are extolled in the Mantra Pushpam, princesses revered in folklore, and deities worshipped as symbols of creation and courage. This cultural reverence extends into daily life festivals like Navratri celebrate feminine power; deities like Durga and Saraswati are central to spiritual traditions; and regional rituals honour the mother-earth.

Yet societal respect must translate into institutional protection. The Constitution delivers just that:

• Article 14 mandates equality before law.
• Article 15 prohibits discrimination, particularly on grounds of sex.
• Article 21 guarantees the right to life and personal liberty interpreted liberally to include dignity, autonomy, and safety.

Several landmark judgments have reinforced these ideals. In Vishakha v. State of Rajasthan (1997), the Supreme Court invoked the Constitution’s spirit to frame guidelines safeguarding women from workplace sexual harassment. Similarly, in subsequent cases like Preeti Gupta v. State of Jharkhand (2016), the Court expanded personal liberty to include a woman’s right to choose her partner.

1.2 Legislative Protection

• Section 498A IPC (1983): Introduced following a national outcry over dowry deaths and cruelty, this section criminalizes husband or relatives who subject a woman to cruelty either mental or physical including dowry harassment.
• Protection of Women from Domestic Violence Act (2005): Providing immediate relief like protection orders, residence rights, and monetary assistance, this civil law was tailored to assist women subjected to domestic abuse without strictly criminalizing behavior.
• POSH Act (2013): Building on Vishakha guidelines, this act mandates preventive and remedial mechanisms in workplaces such as Internal Complaints Committees and mandatory penalties for misconduct.

All of these are anchored by dignity, safety, and gender equality as core values of Indian jurisprudence and civil ethos.

2. Misuse: When Protection Becomes Persecution

No law is immune to abuse. When legal protections are weaponized for revenge, monetary extortion, or coercion, the consequences ripple across society:

• For the accused: Arrests, reputational damage, socio-economic stress, drawn-out trials, stigma even when ultimately exonerated.
• For genuine victims: Dilution of the law’s protective intent, backlash against future complainants, and institutional fatigue.
• In public conscience: Erosion of faith in gender-sensitive laws; polarization around victims vs. accused.

2.1 Statistics and Reports Indicating Misuse

While national-level data is limited, regional studies and media reports frequently highlight key indicators:

• In Delhi, conviction rates under Section 498A are extremely low often under 1%, with high percentages of cases quashed by courts.
• In specific cities, FIRs are sometimes described as “misused” or filed without sustained evidence, leading to calls for investigative vigilance.

Such patterns call for judicial reflection and institutional reform to ensure laws remain effective, not punitive by default.

3. Judicial Guardrails: Protecting Liberty

Recognizing both the genuine need for protection and the threat of misuse, Indian courts have introduced vital safeguards across five areas:

3.1 Reforming Arrest Practices : Arnesh Kumar v. State of Bihar (2014)

In one of the most consequential judgments related to Section 498A cases, the Supreme Court introduced the Arnesh Kumar guidelines:

• No automatic arrests in cases punishable with imprisonment up to seven years (including Section 498A).
• Police must record reasons for arrest or non-arrest in writing, using the Section 41 Cr.P.C. checklist assessing whether arrest was necessary.
• Magistrates must review arrests to ensure compliance with these directives.

These measures curb arbitrary force, protect individual liberty, and yet preserve the possibility of action in bona fide cases.

3.2 Quashing Malafide or Frivolous FIRs : State of Haryana v. Bhajan Lal

The Supreme Court’s Bhajan Lal judgment outlined the power of High Courts under Section 482 Cr.P.C. to quash unjust prosecutions:

• Cases may be quashed if the allegations are absurd, inherently improbable, or do not constitute cognizable offences.
• Whenever FIRs appear motivated by revenge or lack substantial merit, courts can swiftly intervene to prevent undue harm to individuals.

Several High Courts and the Supreme Court have applied the Bhajan Lal doctrine to Section 498A. FIRs based on vague, omnibus allegations have been quashed when constitutionally appropriate.

3.3 Live-in Relationships and Recourse to Rape Allegations

The Supreme Court has consistently emphasized that mutual consent even where relationships end badly must not be turned into criminal liability after the fact:

1. False Promise of Marriage: In Ravish Singh Rana v. State of Uttarakhand and similar cases, the Court held that long-term live-in relationships imply voluntary acceptance of its terms. A “false promise” of marriage must be shown to be deceitful from inception to hold criminal liability.
2. Pre-existing Marital Status: If a woman entering a live-in relationship is already married, courts (e.g. Delhi High Court) have flagged that alleging rape on promise-of-marriage grounds lacks credibility.
3. Duration and Conduct Matter: In another SC judgment, a 12-month consensual relationship followed by a breakup could not constitute rape. Mutual consent and prolonged association yield presumption against later embellishment.

These rulings aim to protect consensual relationships from retroactive criminalization while leaving room for genuine allegations of deception.

3.4 Safeguarding Within Workplaces : POSH Oversight

Upholding the spirit of Vishakha, courts have mandated:

• Establishment and impartial functioning of Internal Complaints Committees (ICCs).
• Proper training and periodic audits.
• Reliance on procedural fairness, avoiding personal vendettas masquerading as harassment claims.

When formal POSH mechanisms are bypassed or misused, courts have intervened to uphold both victims’ rights and due process.

3.5 Accountability for False Complaints and Pattern Filers

• Registry of Habitual Complainants: The Delhi High Court has considered creating a registry of individuals who repeatedly file false sexual offence complaints, to deter misuse and guide future police investigation.
• Perjury and Concealment Actions: Courts have used Sections 340 and 195 Cr.P.C. to hold complainants legally accountable for concealment or dishonest representations particularly when vital facts (like divorce settlements) are omitted.

These measures reinforce that while protections exist, the law stands firm against abuse.

4. Balancing Constitutional Values, and Legal Integrity

4.1 Constitutional Imperatives

• The right to life and dignity compels swift protection for abuse victims but also protects individuals from wrongful arrest and harassment.
• Gender equality under Article 15 ensures that women are not treated with discrimination. Similarly, gender-based laws should not undermine equality by producing inequitable outcomes.

4.2 Societal Sentiments: Respect for Women and the Burden of Misuse

Indian society broadly respects women seen in familial bonds, spiritual rituals, and caregiving roles. Most men honor this social covenant, and public institutions recognize it through symbolic and practical gestures.

However, when abuse of protective laws damages the credibility of justice, public sentiment shifts to skepticism, even hostility against both complainants and reform. Restoring trust requires both compassion for abuse victims and a firm stance against misuse.

4.3 The Stakes of Ill-Considered Criminalization

• Victims face disincentive to report, fearing disbelief.
• Accused face inordinate burden to defend themselves amid sensationalism.
• System gets clogged, diminishing effectiveness for all stakeholders.

Thus, rational architecture combining civil redress, procedural neutrality, and judicial oversight is essential.

5. Recommendations: Crafting a Just Path Forward

5.1 Uniform Dissemination and Implementation of Arnesh Kumar

• Mandatory training for police and magistrates on arrest standards.
• Audit mechanisms to verify whether pre-arrest guidelines were followed.
• Sanctions or reprimands for systemic deviation from prescribed procedures.

5.2 Judicial Vetting of FIRs and Charge Sheets

• Courts should insist on specific, incident-based pleadings dates, places, witnesses before allowing criminal proceedings to proceed in matrimonial or sexual allegations.
• High Courts should continue exercising Section 482 powers to weed out malicious or vague FIRs.

5.3 Empowering Civil Redress Mechanisms (PWDVA, Mediation)

• Strengthen implementation of PWDVA ensuring protection officers, shelter homes, support services are fully functional.
• Position civil relief as first resort, criminal proceedings only where genuine evidence exists or danger persists.
• Encourage mediation and counseling, especially in disputes where criminal litigation may be excessive.

5.4 Safeguarding Workplace Remedy (POSH Framework)

• Conduct regular, independent audits of ICCs in workplaces.
• Mandate trained investigators, impartial procedures.
• Penalize workers who lodge mala fide complaints: subject to fair investigation.

5.5 Transparency and Data-Driven Oversight

• Governments and courts should publicly release statistics: number of FIRs filed, conviction rates, quashed cases, duration of trials for 498A, domestic violence, rape, POSH cases.
• These metrics would inform policy, prevent misinformation, and assuage public concerns about misuse.

5.6 Educating Society on Rights and Responsibilities

• Public awareness campaigns to explain the serious nature of criminal provisions, the gravity of false complaints, and the protections available for genuine victims.
• Sensitization programs in educational institutions, workplaces, and community centers: highlighting both the protective spirit and the consequences of misuse.

5.7 Enforcing Consequences for Proven Misuse

• Where courts find deliberate false allegations, appropriate sanctions under the law should follow.
• When misuse is proven, costs and punishment for causing undue distress could be levied—without discouraging honest complainants.

6. Conclusion: A Society That Honors Women Must Also Be Just

India’s respect for women is not just cultural it is constitutional. Yet, when protective laws are misused, the helm shifts, and the justice system becomes a battleground rather than a sanctuary. The Judiciary, through rigorous jurisprudence, has shown that compassion for victims and protection of legal integrity can coexist.

Laws like Section 498A, PWDVA, and POSH derive from moral and constitutional imperatives. Their continued efficacy depends on:

• Legal systems that act with prudence framing guidelines, vetting FIRs, preserving liberty.
• Civil avenues that offer relief without criminalizing social conflicts.
• Societal recognition that wrongful accusations are as corrosive as genuine abuse itself.
• Institutional safeguards and public trust anchored in transparency, accountability, and fairness.

By honoring both the dignity of women and the rights of the accused, by celebrating cultural reverence while demanding judicial fairness, we build a legal ecosystem that is resilient, equitable, and reflective of constitutional values.