Anti Male laws in India?

Introduction

In past decades, gender equality was not prevalent. Women were often dominated by men, and society restricted their independence in education, jobs, sports, and daily life.

Over the past 15 years, crimes against women have increased significantly. To combat this, the government implemented numerous laws to protect women, leading to significant advancements in women’s rights and safety. This empowerment has enabled women to contribute substantially to education, work, sports, and politics. As citizens, we support women’s education, empowerment, rights, and gender equality.

However, recent trends show that some of these laws are being misused, adversely affecting Indian men. This article discusses the laws and provisions that are perceived as anti-male and are often misused.

Constitutional Changes

The government has made several constitutional changes to improve women’s rights and promote gender equality, including reservations for women and the establishment of national and state commissions for women’s rights. Below, we discuss various provisions that are reportedly being misused against men.

Section 498A of IPC

Section 498A (now 85 & 86 of BNS)addresses cruelty to married women by their husbands or relatives, aiming to protect them from harassment and cruelty. It is a cognizable offense, initially non-bailable, with a punishment extending to three years of imprisonment and a fine.

While intended for women’s safety, many 498A cases are falsely filed to harass husbands and their families. In numerous instances, husbands and their families have been imprisoned for years, only to be proven innocent later. Unfortunately, there are no provisions to penalize women who make false allegations, causing significant suffering and reputational damage for the innocent parties.

Section 375 and 376 of IPC

Section 375 (is now 64 of BNS) defines rape, specifying that only women can be victims. Section 376 prescribes rigorous imprisonment for rape, with a minimum term of ten years, extendable to life imprisonment, and a fine.

The section also includes a provision where a man can be accused of rape if he engages in a physical relationship with a woman under the false promise of marriage. However, the rise of fake rape cases has become a concern, as women sometimes use this provision to file false cases in the context of relationships and breakups, leading to severe consequences for the accused men.

Dowry Death: Section 304B

Section 304B (is now sec 80 of BNS) defines dowry death as the death of a woman within seven years of marriage due to burns or bodily injury, or if she was subjected to cruelty or harassment by her husband or his relatives concerning dowry demands. The punishment ranges from a minimum of seven years to life imprisonment.

Section 354 of IPC

Section 354 (is now 74 of BNS) states that anyone who assaults or uses criminal force on a woman intending to outrage her modesty shall be punished. Section 354A (is now sec- 75 of BNS) deals with sexual advances, physical contact, demands for sexual favors, pornography against a woman’s will, and sexually colored remarks.

Sexual Harassment at Workplace (Prohibition, Prevention, and Redressal) Act, 2013

This Act aims to create a safe work environment for women, providing protection against sexual harassment.

Protection of Women from Domestic Violence Act, 2005

Enacted to protect the rights of women who are victims of domestic violence, this Act provides more effective protection under the Constitution.

The Dowry Prohibition Act, 1961

This Act punishes anyone who gives, takes, or abets the giving or taking of dowry, with a minimum imprisonment term of five years and a fine of at least fifteen thousand rupees.

Indecent Representation of Women (Prohibition) Act, 1986

This Act prohibits the publication of advertisements containing indecent representation of women.

Immoral Traffic (Prevention) Act, 1956

This Act, amended in 1978 and 1986, aims to prevent immoral trafficking and prostitution in India, making the legislation more gender-neutral.