LEGAL EXPLOITATION ON PREMISE OF GENDER
Introduction:-
India is a country with diverse cultures and traditions, where women are considered to be the foundation of the society. Over the years, India has witnessed several positive developments, including the empowerment of women in various fields. However, there have also been instances where women have misused the law for their personal gain. This article aims to explore the misuse of the law by college girls and women in India and its impact on society.
Misuse of the Law:-
The legal system in India has several provisions that protect the rights of women. The Indian Penal Code (IPC) has several provisions, including section 375 to 376(E) deal with rape and its punishment , section 354-A deal with sexual harassment , and section 498 -A deal with domestic violence, which are designed to protect women from harm. However, in recent years, there have been instances where women have misused these provisions to settle personal scores or gain monetary benefits.
One of the most common forms of misuse of the law is the filing of false cases of rape and sexual harassment. In many cases, women have filed false cases against men with whom they have had consensual relationships or who have rejected their advances. Such false cases not only ruin the lives of innocent men but also undermine the credibility of the legal system.
Another form of misuse of the law is the filing of false dowry harassment cases under section 498-A . In India, dowry harassment is a serious crime, and women who are victims of this crime have the right to file a complaint against their husbands and in-laws. However, there have been instances where women have falsely accused their husbands and in-laws of dowry harassment to extort money or gain custody of their children.
Why do people generally misuse gender related law that has been made for their protection and empowerment against innocent boys ?
It is important to note that while gender-related laws have been made to protect and empower individuals of certain genders, they are not meant to be used to falsely accuse or harm innocent individuals. Misuse of such laws can have serious consequences for the falsely accused individuals and can also undermine the legitimacy of the laws themselves.
There are a few reasons why individuals may misuse gender-related laws. One possible reason is that they may be seeking revenge or retribution against someone they perceive as having wronged them, and they may see falsely accusing that person as a way to get back at them. Additionally, some individuals may see falsely accusing others as a way to gain attention, sympathy, or financial gain.
One relevant case is that of the 2013 Delhi gang rape, in which a young woman was brutally assaulted and raped by a group of men on a bus in Delhi, India. This case sparked widespread protests and calls for action to address gender-based violence in India, leading to the enactment of new laws aimed at protecting women and punishing perpetrators of sexual assault.
However, there have also been cases where individuals have misused these laws to falsely accuse innocent men of sexual assault. In one such case, a woman in India falsely accused several men of raping her in order to extort money from them. The men were eventually exonerated, but not before they had been arrested and subjected to public scrutiny.
It is important to remember that while gender-related laws can be an important tool for protecting and empowering individuals, they must be used responsibly and not as a means of falsely accusing or harming innocent individuals. Those who misuse these laws should be held accountable for their actions, just as those who violate the laws themselves.
What are the intentions of girls and women misusing the laws made for their protection in India ?
It is important to note that generalizing the intentions of all girls and women who may misuse laws made for their protection in India is not appropriate, as every individual is unique and may have different ulterormotivations for their actions.
That being said, there are some possible reasons why some girls and women in India may misuse laws made for their protection. One possible reason is a desire for revenge or retribution against someone they perceive as having wronged them. This may be motivated by a range of factors, including feelings of anger, betrayal, or humiliation. Another possible reason is a desire for attention or sympathy. In some cases, individuals may falsely accuse others in order to gain attention from friends, family, or the media. They may also do so in order to gain sympathy from others or to portray themselves as victims of injustice. Finally, financial gain may be another motivation for some individuals who misuse laws made for their protection. In some cases, individuals may falsely accuse others in order to extort money or other resources from them.
One relevant case is that of the 2014 Rohtak Sisters case, in which two young women were accused of falsely accusing three young men of molestation on a bus in order to gain publicity and monetary benefits. The women were eventually exposed by CCTV footage from the bus, which showed that they had instigated the altercation and had not been molested. The incident sparked widespread public outrage and calls for action against those who misuse gender-related laws.
Another case is that of the 2016 Bangalore Mass Molestation case, in which several women were reportedly molested and assaulted by a group of men during New Year’s Eve celebrations. However, some reports later emerged alleging that some women had also falsely accused innocent men of molestation in order to settle personal scores or gain attention. The incident once again highlighted the issue of the misuse of gender-related laws in India.
It is important to note that while some individuals may misuse laws made for their protection, this should not be seen as representative of all girls and women in India. It is also important to ensure that individuals who do misuse these laws are held accountable for their actions, while also continuing to work towards creating a society that is safe and just for everyone.
What is the effect over a boy’s family when false cases are filed by a girl in the name of innocent boy?
False cases filed against an innocent boy can have a significant impact on the boy’s family. The family members can feel devastated and helpless, as they see their loved one being wrongly accused and targeted. Here are some possible effects:-
1. Emotional distress: – The family members can suffer from extreme emotional distress due to the false accusations. They may feel angry, frustrated, and sad about the situation, and can suffer from anxiety and depression.
2. Financial burden:- The legal proceedings can be financially draining for the boy’s family, as they may have to hire a lawyer and bear the other expenses related to the case. Additionally, the boy may be forced to leave his job or education, resulting in further financial hardship.
3. Social stigma:- The boy’s family may face social stigma and discrimination due to the false accusations. They may be ostracized by their community and may find it challenging to rebuild their reputation.
4. Strained relationships:- The false accusations can put a strain on the relationships within the boy’s family. They may experience tension and conflict due to the stress of the legal proceedings.
5. Legal consequences:- If the false accusations result in the boy being convicted, he may face serious legal consequences such as imprisonment, fines, and a criminal record. This can have long-lasting effects on the boy’s future prospects, including his career and personal life.
In summary, false cases filed by a girl against an innocent boy can have a severe impact on the boy’s family, emotionally, financially, socially, and legally. It is important to ensure that legal processes are followed, and justice is served to prevent such false accusations.
What is the effect over a boy’s life when false cases are filed by a girl in the name of an innocent boy ?
False cases filed by a girl against an innocent boy can have severe consequences on the boy’s life. Here are some possible effects:-
1. Mental health:- False accusations can take a severe toll on the boy’s mental health, causing anxiety, depression, and trauma. The boy may also experience a loss of self-esteem and self-worth, leading to long-term psychological effects.
2. Career prospects: A false case can have a damaging effect on the boy’s career prospects. It can affect his employment opportunities and his ability to get a job in the future. If he is convicted of the false accusations, he may face difficulty in finding employment or advancing his career.
3. Education:- The false accusations can disrupt the boy’s education, causing him to miss out on critical academic opportunities. It may also result in his expulsion from educational institutions, making it challenging for him to pursue his studies further
4. .Social standing:- The false accusations can harm the boy’s social standing, affecting his relationships with friends, family, and community. He may also face public humiliation, and his reputation may be severely damaged.
5. Legal consequences:- False accusations can have severe legal consequences, including imprisonment, fines, and a criminal record. Even if the boy is acquitted of the charges, the legal process can be emotionally and financially draining.
In summary, false cases filed by a girl can have a devastating effect on the boy’s life, affecting his mental health, career prospects, education, social standing, and legal status. It is essential to ensure that justice is served and the truth is revealed to prevent false accusations from causing lasting damage.
Impact on Society:-
The misuse of the law by college girls and women in India has several negative impacts on society.:-
Firstly, it undermines the credibility of the legal system. When false cases are filed, it not only wastes the time and resources of the judiciary but also erodes the trust that people have in the legal system.
Secondly, false cases of rape and sexual harassment can have a devastating impact on innocent men. In India, even the mere allegation of rape or sexual harassment is enough to ruin a man’s reputation and career. In many cases, men who are falsely accused of rape or sexual harassment have been subjected to harassment and even physical violence by vigilante groups.
Thirdly, the misuse of the law can have a detrimental impact on genuine victims of crimes. When false cases are filed, it diverts the attention of the police and judiciary from genuine cases of rape, sexual harassment, and domestic violence. This, in turn, makes it more difficult for genuine victims of these crimes to get justice.
Fourthly, the misuse of the law can lead to a breakdown of the family system. In India, the family is the basic unit of society, and the breakdown of the family can have far-reaching social and economic consequences. False cases of dowry harassment and domestic violence can lead to the breakdown of families, which can have a negative impact on children and society as a whole.
How can a boy protect himself from false allegations and false cases filed against him ?
Here are some steps that a boy can take to protect himself from false allegations and false cases:-
1. Avoid risky situations: -The boy should avoid situations that may be perceived as risky or inappropriate. He should be careful about his interactions with others, particularly in private settings.
2. Keep a record of communication: – The boy should keep a record of all communication with the person who has filed false allegations against him. This includes text messages, emails, and social media messages.
3. Seek legal advice:- The boy should seek legal advice as soon as he becomes aware of the false allegations. A lawyer can help him navigate the legal process and defend his rights.
4. Gather evidence:- The boy should gather as much evidence as possible to support his case. This can include witness statements, photographs, and any other relevant documentation.
5. Remain calm and composed: The boy should remain calm and composed throughout the legal process. He should avoid retaliating against the accuser, as this can harm his case.
6. Maintain a good reputation: The boy should strive to maintain a good reputation by being honest, respectful, and responsible. This can help him build a strong defense against false allegations.
Educate others: The boy can also educate others about the dangers of false allegations and the importance of respecting other people’s boundaries and rights.
In summary, protecting oneself from false allegations and false cases requires a proactive approach that involves avoiding risky situations, seeking legal advice, gathering evidence, and maintaining a good reputation. It is essential to remain calm and composed throughout the legal process and to educate others about the importance of respecting others’ rights.
Data of false cases by women against men:-
1.False rape cases filed in year 2013 – 14 as per report of Delhi commission for women are 53% .
2. Sex on false promise of marriage:- 10,068 false cases are files in year 2016 as per report of National crime record bureau.
3. Dowry harassment cases :- in year 2011, 2012 & 2013 respectively 92,610 , 103848 and 1,12058 false cases of dowry harassment are filed in Indian as per report of Time of India and national crime record bureau.
4:- Sexual harassment cases :- in year 2011, 2012 & 2013 respectively 8420, 8601 and 11868 false cases of sexual harssment are filed in India as per report of time of India and NCRB.
Conclusion :-
The misuse of the law by college girls and women in India is a serious issue that needs to be addressed urgently. While it is important to protect the rights of women, it is equally important to ensure that the legal system is not misused for personal gain. The government should take steps to ensure that false cases are not filed and that those who file false cases are punished.
At the same time, there is a need to create awareness among women about the consequences of filing false cases. Women should be encouraged to use the legal system to seek justice but should also be made aware of the repercussions of misusing the law.
In conclusion, the misuse of the law by college girls and women in India is a complex issue that needs to be addressed through a multi-pronged approach. By taking steps to prevent the filing of false cases and creating awareness among women.
Author :- Dhiraj kumar sharma
Student of BA LL.B (Semester 5th )
University Law College ( Vinoba Bhave University)
Hazaribag , Jharkhand
