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Sakshi Chauhan
Be it strict laws related to rape or strict laws made to protect women from domestic violence, the aim is to curb crimes against women. However, misuse of these laws is also seen. Incidents of using them as weapons to trap innocents also keep coming to the fore. has even been observed in some cases. That extortion is also tried by blackmailing through fake cases. When the breakup happened, the partner filed a rape case. Stayed in live-in for a long time but when there was a rift, a case of rape was registered. Fake case of rape when asked to return the borrowed amount. There was a rift with her husband, to make matters worse, she was implicated in a false case of domestic violence. Such incidents keep coming to the fore every day. In such cases the victims are men. Sometimes such victims even commit suicide. Fake cases will not stand in the courts but the decision will definitely take time. So if you ever get stuck in such a situation, be patient, have faith in law and justice. Yesterday was ‘International Men’s Day’ and we tell you how often the courts have given relief decisions for partner men.
First of all, about the rights of men. The constitution and law do not discriminate on the basis of gender. There is a right to equality. Whether male or female. But men’s rights activists often allege that laws in India discriminate against men. It is not only women who are victims of domestic abuse, but men too. That’s why there is a demand to set up a men’s commission on the lines of the women’s commission. Deepika Narayan Bhardwaj, an activist who works for men’s rights, says, ‘There are many cases where the cruel husband is not the wife. In some such cases, the husband got a divorce but the wife was not punished. The laws of India still consider the wife as Sati Savitri. But if we look at the reality of the society, this is a completely wrong belief. Everyday there are news in the newspaper where the wife is killing her husband along with her lover. In innumerable cases, the wife’s affair with someone else is the reason for the breakdown of the marriage. But according to law husband cannot file 498A case against wife. No matter how much mental harassment the wife gives to the husband, there is no punishment for him. Despite this bitter reality, the courts have given some landmark judgments from time to time which have come as a great relief to the afflicted men.
Misuse of domestic violence law is legal terrorism: Supreme Court
In 2005, the Supreme Court termed the misuse of 498A as ‘legal terrorism’ in the Sushil Kumar vs Union of India case. The court said that cases are being registered under section 498A of IPC for personal enmity and revenge. This type of misuse can lead to a new kind of legal terrorism.
Case cannot be run against in-laws without clear allegation: Supreme Court
In February 2022, the Supreme Court gave a big order in the case of dowry harassment. The court said that in the case of 498A (dowry harassment), running a case against the husband’s relatives without clear allegations is an abuse of the legal process. The court dismissed the dowry harassment case against the woman’s in-laws. Expressing concern over this, the Supreme Court said that nowadays the provision of dowry harassment i.e. Section 498A of the IPC is being used as a tool by the husband’s relatives to settle their scores. The Supreme Court said that such a criminal case in which acquittal may be possible, still leaves a serious stain on the accused. Any such use needs to be discouraged.
Nesh Kumar vs. State of Bihar: As soon as the complaint is filed no arrest
The Supreme Court gave a landmark judgment in 2014 in the case of Arnesh Kumar v. State of Bihar. The court held wrong the immediate arrest of the accused as soon as the case was registered under 498A. A case was registered against Arnesh Kumar by his wife under IPC Section 498A and Section 4 of the Dowry Act. He approached the Sessions Court for anticipatory bail but did not get relief. Patna High Court also rejected the petition of Tissipetary Bell, then Arnesh Kumar reached the Supreme Court. The apex court not only granted him and his family members protection from arrest but also ordered the police not to make immediate arrests in such cases. The Supreme Court said in its order that the police will not arrest the accused as soon as the case is registered under 498A. She will comply with Section 41 of CrPC and will also explain the reason for the arrest before the Magistrate. If the Magistrate is not satisfied with the reasons for the arrest, he can end the custody of the accused.
‘False case of dowry and domestic violence with husband mentalCruelty’
In Raj Talreja vs Kavita Talreja of 2013, the Supreme Court held that dowry and domestic violence by the wife against the husband is cruelty and is a ground for divorce. In this case the husband was implicated after the woman hurt herself.
‘Propaganda against husband and in-laws is mental cruelty’
In 2007, in the Samar Ghosh vs. Jaya Ghosh case, the Supreme Court said that it is mental cruelty by a wife to spread false propaganda against her husband and his family in the society without any reason, to write false reports against them in the newspaper. . The husband was granted divorce on this basis.
Supreme Court quashed the false case of ‘Shaadi Ka Jhansa De k Rape’rejected
In 2005, the Supreme Court in Dilip Kumar v. State of Bihar acquitted the plaintiff in the rape case. the plaintiff was alleged to have he raped his female friend by promising marriage.In this case, the lower court convicted him and sentenced him. Patna High Court also upheld the decision of Tile Court.Pole exposed. It was proved in the apex court that the girl herself had refused to marry the accused on several occasions as their castes were different.
‘Partner cannot be accused of rape in a consensual sex relationship’
In August this year, the Supreme Court said in one of its orders that the partner cannot be accused of rape in a consensual sex relationship. In this case, a woman had a relationship with a man before marriage. The woman later divorced her husband because of the lover. The relationship between the woman and the lover continued after the divorce. But when the lover married another woman, she started pressurizing him to divorce his wife. When the lover was not ready for this, the woman filed a rape case against him. It is alleged that he raped her on the pretext of marriage.
