When Empowerment Turns to Entitlement : Exploring Misuse of Women's Rights

 

By Namrata Kohli

A judge friend of mine who sits on dowry cases told me some ten years back-  
“I feel sorry for Indian men who are often the victim of dowry cases.” I was quite surprised at her statement but she opened another dimension to this law. And pointed out how women are weaponizing legal provisions and leveraging protective laws as tools for extortion or harassment.

Section 498A IPC was meant to be a “shield” and not a “weapon” protecting the rights of women. However, over time, there have been instances of this provision being misused. The Supreme Court of India has acknowledged this issue, emphasizing the need for caution to prevent unnecessary harassment of innocent individuals.

The recent demise of Atul Subhash underscores the complexities surrounding the misuse of protective legal provisions. Atul Subhash was found dead in his Bengaluru apartment on December 9, 2024. He left behind a 24-page suicide note and a 90-minute video alleging harassment by his estranged wife, Nikita Singhania, and her family. Subhash claimed that false cases, including those under Section 498A, were filed against him, accompanied by demands for substantial financial settlements. The deceased techie alleged that his estranged wife and her family falsely implicated him under these laws, leading to severe mental trauma, ultimately driving him to take his own life. His suicide note and video brings attention to the devastating effects of such misuse, not just on individuals but also on the credibility of protective legal frameworks.

With every right comes a whole lot of responsibility. We must spend a minute to examine this issue and call out the bluff where women are abusing these rights.

Yes, there have been reported cases in India where Section 498A of the Indian Penal Code (IPC), which is intended to protect women from cruelty by their husband or relatives (often related to dowry demands), has been misused. In Preeti Gupta vs State of Jharkhand (2010), the Supreme Court acknowledged the misuse of Section 498A, stating that frivolous complaints can lead to harassment of innocent family members, including elderly parents and even distant relatives. In Arnesh Kumar vs State of Bihar (2014), the Supreme Court issued guidelines to prevent the automatic arrest of individuals in cases filed under Section 498A after realizing that the law was being used as a weapon rather than a shield. In Ramgopal vs State of Madhya Pradesh (2020), the court noted that false complaints under Section 498A often stem from marital discord unrelated to dowry demands, leading to harassment of the husband and his family.

My friend who is a Judge shared with me how many times women opt for aggressive legal action instead of seeking reconciliation or amicable solutions, even when disputes are minor.  In child custody cases, there are instances where mothers have manipulated the legal framework to alienate the father from the child, often leveraging false abuse allegations. And the worst of the lot is sexual harassment laws where the crime cannot be proved. These harassment laws are sometimes weaponized at workplace and domestic situations to settle professional rivalries or personal scores.

Anybody can be a victim of harassment, emotional abuse, or legal manipulation. It is essential to ensure that men are not unfairly vilified or victimized. True progress comes when society supports all victims of injustice and justice needs to be gender-neutral. Feminism is all about fairness, where both men and women are protected from false accusations and abuse. After all feminism at its core is not a battle of sexes, but a fight against injustice.