Written By – Bhavisha Ramrakhyani
Introduction:
India’s legal system has a tough job: protecting women from violence and cruelty while keeping things fair for everyone. Laws like Section 498A of the Indian Penal Code (IPC), the Protection of Women from Domestic Violence Act (PWDVA) of 2005, and the Dowry Prohibition Act of 1961 were made to tackle real problems; abuse, dowry harassment, and discrimination that women still face today. These laws matter because they give women a way to fight back against things like beatings, threats, or being treated like property. They’re not just rules; they’re lifelines for people who need them. But there’s a flip side: sometimes these laws get used the wrong way, and innocent people end up hurt. That’s where it gets tricky.
This article looks at that tricky spot. Cruelty against women is real; nobody questions that, and these laws are needed to stop it. The point isn’t to blame women or say these laws should go away. Most women who use them are honest victims, and scrapping the laws would leave them defenseless. But we can’t ignore that false cases happen too, and they mess up lives just as badly. So, how do we keep the good these laws do while fixing what’s broken? It’s about making justice work for everyone; protecting women from abuse and shielding innocent people from lies. That’s the balance we need to figure out.
Why We Have These Laws:
To understand why these laws exist, you must look at India’s past. Way back, women had some respect; think of ancient scholars or queens in old stories. But over time, things got worse. In the colonial days, stuff like dowry, child marriage, and locking women out of rights was normal. When India became free in 1947, the Constitution said everyone’s equal (Article 14), nobody should face bias (Article 15) and we all deserve dignity (Article 21). Nice words, but they didn’t automatically fix the violence or unfairness women dealt with daily.
That’s why lawmakers stepped in. Section 498A, added in 1983, says husbands or in-laws who are cruel; like harassing for dowry or beating someone, can go to jail. The Dowry Prohibition Act of 1961 tried to ban dowry altogether, even if people still sneak around it. Then the PWDVA in 2005 said abuse isn’t just hitting; it’s yelling, controlling money, or kicking someone out too. Plus, laws on rape (Section 375) and harassment (Sections 354, 509) cover attacks and disrespect women face outside the home.
These laws aren’t random. They’re here because women still get hurt a lot. Dowry deaths happen, husbands beat wives and harassment follows women at work or on the street. In villages, women might not even know how to report it; in cities, they face modern fights like divorce drama or job bias. The courts back this up, saying the law’s got to protect women when society won’t. These rules give women a shot at safety and respect, and that’s why we can’t just toss them out.
What Happens When They’re misused:
Nobody’s saying these laws aren’t needed; cruelty against women is a fact, and most women using these laws are telling the truth. But sometimes things go off track. Take Section 498A: it’s strong; non-bailable, broad enough to cover lots of behavior but that strength can backfire. File a complaint, and the police might arrest the husband, his parents, and even distant cousins, no questions asked. The problem is, lots of these cases don’t stick. Convictions can be as low as 15% and tons end in acquittals. That gap means some claims aren’t real.
This isn’t about accusing every woman. Most cases come from actual victims who require help. But there are times when someone files a case for other reasons; a bad breakup, a fight over kids, or just to push for money. The PWDVA gets tangled up too; maintenance claims sometimes look more like cash grabs than cries for help. Even rape or harassment laws, which save so many, can occasionally get twisted into something false. It’s not common, but it’s real.
When that happens, it’s rough. A guy might lose his job over a lie, or a grandma might get hauled to court over nothing. The Supreme Court’s called Section 498A “legal terrorism” in some rulings not because it’s bad, but because it can hit the wrong targets. Judges have seen cases where families get dragged in over small spats or made-up stories. That’s not what these laws were built for, and it makes people wonder if the system’s fair.
A Fairer Way to Think About It:
People argue about this stuff all the time; one side says these laws save women, and the other says they trap men. They’re both half-right, but they’re missing the real issue: it’s not men versus women, it’s justice versus unfairness. Women get hurt more, no question and these laws must keep protecting them. Throwing them out isn’t an option; it’d leave too many defenseless. But when innocent people get caught in false cases, that’s not justice either. We need both sides to work.
The trouble is the laws only look one way: women as victims, men as bad guys. That fit back when women had no power, but now? Things are messier. A woman might run the house or the bank account; a man might be the one scared to speak up. If he’s abused, he’s got no PWDVA to call on. If he’s falsely accused under Section 498A, he’s stuck proving he’s not guilty. The Constitution says we’re all equal under the law (Article 14), but this setup doesn’t feel equal.
Here’s a better idea:
Keep the laws strong for women; they require them but make justice about facts, not gender. Most women aren’t faking it and their cases should stay priority. But the system can also watch out for innocent men or women without breaking what works. It’s not about taking away rights; it’s about making sure nobody gets hurt for no reason.
How to Make It Better:
We shouldn’t just scrap these laws; they’re doing a lot of good. Abuse against women isn’t going away, and these rules do a good job of protecting them. But making the laws fairer doesn’t mean making them less strong, it means making the process better, so it protects the right people and doesn’t punish innocent people. Here’s how:
1. Handle Section 498A Cases Better
Section 498A was created to prevent dowry deaths and domestic abuse, and it does its job. But sometimes, automatic arrests and vague accusations have turned it into a weapon that can be abused. The Supreme Court case of Arnesh Kumar v. State of Bihar (2014) set rules to prevent misuse, saying:
“Arrest should be the last thing you do, not the first. Police need to do some looking into things before arresting people under Section 498A.’’
That’s a good start, but it needs to be stronger:
- Screen Cases Before Arrest: Before someone gets arrested because of a Section 498A complaint, a senior officer should quickly review things. They need to look at evidence like medical reports and past complaints before deciding to lock someone up.
- Not Arresting Everyone: Don’t arrest the whole family. If the complaint is aimed at the husband, why drag in the in-laws? Focus on the person accused, not the rest of the family.
- Try Mediation: If the complaint doesn’t seem entirely false but isn’t rock solid, give mediation a shot within a month. Real cases will still go to court, but some misunderstandings can be cleared up before escalating.
This isn’t about letting offenders off the hook; it’s about sorting out real cases from the fake ones so that serious matters get the attention they need.
2.Fix Support Payments and Fake Claims Under PWDVA
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) changed the game by recognizing that abuse isn’t just physical but can also be emotional and financial. The problem is that support under PWDVA sometimes seems to be handed out too easily. The courts say support is a right, but it isn’t unlimited.
In Rajnesh v. Neha (2020), the Supreme Court decided that:
Support payments need to reflect both parties’ financial situations and the needs of the person asking for help.
To keep it fair:
Base Support on Need: Support should be based not just on what the husband makes but also on what the wife needs. If she has a job and can support herself, payments should reflect that. If the husband is struggling, the court should lower the amount.
Punish False Claims: Making false claims is already illegal, but hardly anyone gets punished for it. Courts should be able to penalize anyone who misuses PWDVA or Section 498A for financial gain or revenge. This isn’t meant to scare real victims; it’s about making sure fake cases don’t waste the court’s time.
Most women using these laws are honest. The goal is to protect them better by ensuring false claims don’t take away attention from genuine cases.
Conclusion:
As of March 2025, India’s legal system is at a critical point. Laws aimed at protecting women have done a lot to help, but there are obvious issues. While false cases don’t happen often, they’ve raised enough concerns to make people rethink the system. Instead of scrapping these laws, let’s work on refining them. Women still face more abuse and obstacles when seeking justice compared to men, which is why these laws exist and should stay. But true justice means protecting victims while also ensuring the innocent aren’t harmed in the process.
Courts should base their decisions on facts, not gender. Protection shouldn’t mean punishing without reason, and fairness shouldn’t mean being lenient. It’s not just about working for women; it’s about creating a system that serves everyone.
The laws meant to protect women from abuse need to evolve to ensure they defend themselves without causing harm to others. This isn’t about weakening the law; it’s about making it stronger for everyone involved.
