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Misuse of Gender-Specific Laws in India: A Critical Analysis of the Legal Framework and Its Impact on Men and Their Families
Subject area: Science,Engineering and Technology · Area of research: Law
DOI: https://doi.org/10.64388/IREV9I11-1717342
Abstract
India’s gender-specific legal framework was conceived as a shield against centuries of patriarchal oppression and systemic violence against women. Laws such as Section 498A of the Indian Penal Code (IPC), the Protection of Women from Domestic Violence Act, 2005, the Dowry Prohibition Act, 1961, and the stringent rape provisions under Section 375 IPC were enacted with the noble objective of protecting women. However, over the decades, a growing body of judicial opinion, empirical data, and legal scholarship has raised serious concerns about the selective misuse of these provisions. This paper undertakes a critical analysis of the gender-specific legal framework in India, examining its historical rationale, documented patterns of misuse, the consequent impact on men and their families, relevant judicial pronouncements, and the urgent need for balanced legal reform. The paper also presents the author’s considered opinion on how India must navigate the fine line between protecting genuine victims and preventing the weaponization of law.
Keywords
Section 498A, Dowry Laws, Gender-Neutral Laws, Misuse of Law, Men’s Rights, POCSO, False Accusations, Bharatiya Nyaya Sanhita
References
[1] National Family Health Survey-5 (NFHS-5), International Institute for Population Sciences, Ministry of Health and Family Welfare, Government of India (2019-2021).
[2] National Crime Records Bureau (NCRB), Crime in India Reports (2018–2022), Ministry of Home Affairs, Government of India.
[3] “The reasons for male suicides in India: What the numbers tell us,” The News Minute (December 24, 2024), reporting on the Atul Subhash case and its legal background.
[4] ⁴ Neha Das & Prithwish Ganguli, “Section 498A IPC: Balancing Protection and Misuse,” SSRN (November 14, 2024), https://papers.ssrn.com/sol3/Delivery.cfm/5021 047.pdf.
[5] InsightfulTake, “False Dowry Cases in India: Separating Myths from Facts About Section 498A” (2025), referencing the historical origins of Section 498A.
[6] Section 304B, Indian Penal Code, 1860 (now Section 80, Bharatiya Nyaya Sanhita, 2023).
[7] National Family Health Survey-5 (NFHS-5), supra note 1.
[8] NCRB, Crime in India 2022, Ministry of Home Affairs, Government of India.
[9] Sushil Kumar Sharma v. Union of India, (2005) 6 SCC 281 (Supreme Court of India).
[10] Section 85 & 86, Bharatiya Nyaya Sanhita, 2023; Citizens for Justice and Peace, “Section 498A: Misuse or Inappropriate Application?” (February 13, 2025), https://cjp.org.in.
[11] Section 498A, Indian Penal Code, 1860; The Swaddle, “India’s Dowry Laws Are Ineffective, Easily Exploited, and Women Are Paying the Price.”
[12] The Swaddle, supra note 11 (noting that no investigation or evidence is required before arrest under Section 498A).
[13] Section 375, Indian Penal Code, 1860; Drishti IAS, “Misuse of Indian Law,” https://www.drishtiias.com.
[14] Law Commission of India, 172nd Report on Review of Rape Laws (2000).
[15] Uma Kant Tripathi & Associates, “The Misuse of Laws Intended to Protect Women: A Critical Analysis of False Accusations and Their Impact on Men in India” (May 23, 2024), https://www.umakanttripathiandassociates.in.
[16] Ibid.
[17] Maitreyi College Research Paper, “Weaponization of Laws by Women in India,” Samvedna, Vol. 6, Issue 2, https://www.maitreyi.ac.in.
[18] Protection of Women from Domestic Violence Act, 2005, Section 2(a) (defining “aggrieved person” exclusively as a woman).
[19] NCRB Data (2012), cited in Drishti IAS, “Misuse of Indian Law,” supra note 13.
[20] Crime & Justice Blog, “Misuse of Matrimonial Laws” (November 27, 2023), https://crimeandjustice.blog (citing High Court data as of 2010).
[21] Voice for Men India, “Weaponisation of Rape Laws Against Men in India” (March 28, 2024), https://voiceformenindia.com (citing NCRB 2021 data).
[22] Uma Kant Tripathi & Associates, supra note 15.
[23] S. Udaya Sree, “The Notion of False Rape Accusations in India,” Journal of Legal Research and Juridical Sciences, Vol. 2, Issue 4 (2023), https://jlrjs.com (citing NCRB 2020 data).
[24] Citizens for Justice and Peace, supra note 10.
[25] The Leaflet, “A Misnomer: The Myth that is the ‘Misuse’ of 498-A” (March 8, 2025), https://theleaflet.in.
[26] Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 (Supreme Court of India).
[27] Sushil Kumar Sharma v. Union of India, supra note 9.
[28] Crime & Justice Blog, supra note 20 (quoting Supreme Court observations in the Sushil Kumar Sharma case).
[29] Citizens for Justice and Peace, supra note 10 (reporting Supreme Court ruling of October 2024).
[30] Ibid.
[31] Citizens for Justice and Peace, supra note 10 (reporting Supreme Court ruling of February 7, 2025).
[32] Sham Singh v. State of Haryana, AIR 2018 SCC 3976 (Supreme Court of India), cited in Voice for Men India, supra note 21.
[33] Uma Kant Tripathi & Associates, supra note 15 (citing the Bhawna Sharma case, Jaipur Police).
[34] Maitreyi College Research Paper, supra note 17.
[35] Ibid.
[36] Voice for Men India, supra note 21.
[37] Uma Kant Tripathi & Associates, supra note 15.
[38] The Law way with Lawyers Journal, “False Allegations and Legal Integrity: A Critical Analysis of the Misuse of Rape Laws in India,” https://thelawwaywithlawyers.com.
[39] S. Udaya Sree, supra note 23.
[40] The Law way with Lawyers Journal, supra note 38 (noting the asymmetry between accuser anonymity and accused public identification).
[41] S. Udaya Sree, supra note 23 (citing research on psychological consequences of false accusations, including PTSD and depression).
[42] The News Minute, supra note 3.
[43] NCRB, Accidental Deaths and Suicides in India 2021, Ministry of Home Affairs, Government of India; Wikipedia, “Suicide in India,” citing NCRB data.
[44] The News Minute, supra note 3 (citing NCRB data for 2015–2022).
[45] India TV News, “Plea Filed in Supreme Court Seeking National Commission for Men” (March 15, 2023), https://www.indiatvnews.com (citing NCRB 2021 data).
[46] Crime & Justice Blog, supra note 20.
[47] The Leaflet, supra note 25 (citing the Malimath Committee Report, 2003).
[48] Committee on Reforms of the Criminal Justice System, Report of the Committee on Reforms of the Criminal Justice System (2003), headed by Justice V.S. Malimath.
[49] Protection of Women from Domestic Violence Act, 2005, supra note 18.
[50] Change.org Petition, “Inclusion of Male as Victims of Domestic Violence Act in India,” https://www.change.org (documenting forms of violence against men).
[51] Drishti IAS, supra note 13.
[52] Section 377, Indian Penal Code, 1860 (as partially read down in Navtej Singh Johar v. Union of India, (2018) 10 SCC 1).
[53] NCRB, Crime in India 2022, supra note 8.
[54] National Family Health Survey-5, supra note 1.
[55] The Leaflet, supra note 25.
[56] Law Commission of India, 243rd Report on Section 498A IPC (2012).
[57] Srimati Basu, The Trouble with Marriage: Feminists Confront Law and Violence in India, University of California Press (2015), cited in News laundry, “The Reasons for Male Suicides in India” (December 25, 2024).
[58] Insightful Take, supra note 5 (citing Indira Jaising’s argument on the absence of comprehensive matrimonial law).
[59] Arnesh Kumar v. State of Bihar, supra note 26.
[60] Rajesh Sharma & Ors v. State of Uttar Pradesh & Anr, (2017) 15 SCC 133 (Supreme Court of India).
[61] The Swaddle, supra note 11.
[62] Citizens for Justice and Peace, supra note 10.
[63] The News Minute, supra note 3 (citing the Achin Gupta v. State of Haryana appeal and the Supreme Court’s criticism of verbatim adoption of Section 498A in the BNS).
[64] Drishti IAS, supra note 13.
How to cite this paper
@article{1717342,
author = {Vedanti Singh, Shaiwalini Singh},
title = {Misuse of Gender-Specific Laws in India: A Critical Analysis of the Legal Framework and Its Impact on Men and Their Families},
journal = {Iconic Research And Engineering Journals},
year = {2026},
volume = {9},
number = {11},
pages = {35-42},
issn = {2456-8880},
url = {https://www.irejournals.com/formatedpaper/1717342.pdf},
abstract = {India’s gender-specific legal framework was conceived as a shield against centuries of patriarchal oppression and systemic violence against women. Laws such as Section 498A of the Indian Penal Code (IPC), the Protection of Women from Domestic Violence Act, 2005, the Dowry Prohibition Act, 1961, and the stringent rape provisions under Section 375 IPC were enacted with the noble objective of protecting women. However, over the decades, a growing body of judicial opinion, empirical data, and legal scholarship has raised serious concerns about the selective misuse of these provisions. This paper undertakes a critical analysis of the gender-specific legal framework in India, examining its historical rationale, documented patterns of misuse, the consequent impact on men and their families, relevant judicial pronouncements, and the urgent need for balanced legal reform. The paper also presents the author’s considered opinion on how India must navigate the fine line between protecting genuine victims and preventing the weaponization of law.},
keywords = {Section 498A, Dowry Laws, Gender-Neutral Laws, Misuse of Law, Men’s Rights, POCSO, False Accusations, Bharatiya Nyaya Sanhita},
month = {May},
doi = {https://doi.org/10.64388/IREV9I11-1717342}
}