This document summarizes key issues with India's Domestic Violence Act from the perspective that it is overly biased in favor of women and sets men up for legal victimization. It argues that the law singles out men as perpetrators while denying protections to male victims of domestic violence. Furthermore, it outlines scenarios where the broad definitions and lack of burden of proof could allow women to easily file false complaints and extort money from men by threatening legal action under the DV Act. The document claims this trend is already seen with misuse of anti-dowry laws and will further promote a society with unequal legal treatment of men.

1. A project on
Misuse of women law
Collage: Rajasthan university
Under the guidance of
Dep. of law fylc
Chairperson ,
Justice N.K. Jain
(Former Chief Justice
High Court of Madras & Karnataka)
With best Compliments
Submitted to: Submitted by: RSHRC
Hon’ble Mr. Justice N. k. jain Deepika verma
Hon’
2
RAJASTHAN STATE HUMAN
RIGHTS COMMISSION
Human Rights Commission is an autonomous body to protect
and promote basic rights of citizens. Its primary aim is to help
every deprived person to acquire equal status in society.
By the Parliamentary act there is National Human Rights
Commission at New Delhi and each state has State Human
Under the guidance of Hon’ble Mr.
Justice N.K. Jain.
SECRETARIAT Rights Commission. This commission has power equivalent to a
civil court. It has equivalent power to hear the plea of sufferer
sufferer
(Former Chief justice of Madras and give recommendation to concerned department to work on
and Karnataka it. Its recommendation has a high stake and non performance on
Prepared by:- Internship students of its recommendation can lead to questioning in the Legislative
High Court) various law university and colleges. Assembly. Otherwise the government has to give reason for not
Chairperson, RSHRC compliance. The commission or the other party can file writ
petition in the High Court.
3 4
1

2. Hon’ble Chairperson and
Members Of Rajasthan State
Human Rights Commission are:
From 06-07-2005
Justice N K Jain,
(Chairperson)
Members:-
Justice Jagat Singh
Shri D.S.Meena
Shri Pukhraj Seervi
5 Hon’ble Chief Minister Shri Ashok Gehlot
2

3. Misuse of women law There are three fundamental problems with this law –
a) it is overwhelmingly gender biased in favor of
women, b) the potential for misuse is astounding and
On the face of it, the law appears to be a blessing c) the definition of domestic violence is too
for people in abusive or violent relationships. expansive.
However, a careful analysis reveals that, under The DV act singles out men as perpetrators of
the ploy of “women and children welfare”, this
welfare” domestic violence and assumes that only women are
law is yet another misguided attempt to enact victims. As per this law, only a woman can file a
legislation to grant women legal supremacy over complaint against her male partner. A man, who is a
men and to create a society where men are victim of domestic violence, has no rights under this
deprived of their rights. law.
The fact is that it has been comprehensively proven in The second significant flaw in this law is that
numerous studies that women are no less abusive as it lends itself to such easy misuse that women
men in intimate relationships. Giving such sweeping will find it hard to resist the temptation to
legal powers to women while withholding protection “teach a lesson” to their male relatives and
lesson”
will file frivolous and false cases. A similar
to male victims is tantamount to systematic legal
trend is already being observed in the case of
victimization of men. In the western world, the anti-dowry law (498a), which is being
anti-
domestic violence laws are gender neutral and misused to such an extent that the Supreme
provide protection to the victims, both men and Court has termed it “Legal Terrorism”. To
Terrorism”
women. The fact that the Indian version explicitly illustrate how easy it is to misuse the DV law,
prohibits any male victim to seek relief under this law consider the scenarios below. [She means
defies all logic and is beyond comprehension. wife/female live-in partner and he means
live-
husband/male live-in partner] .
live-
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4. a) If she demands any amount of money from b) As per the law, she retains the right to the
him, for any reason whatsoever, he is legally residence. This is a very convenient means of
bound to pay that amount in full, failing which getting control of the house regardless of
he can be imprisoned. Under the pretext of whether she has any legal right on the
preventing economic abuse of women, this property. Moreover, if he is booked under DV,
law legalizes the extortion of money by he is responsible for paying the rent as well,
women. Interestingly, if he asks for money even though he may not be allowed to live in
from her, he can be jailed for that as well. the house or he might even be in jail.
Furthermore, he is responsible for paying the c) If she decides not to cook and wishes to
rent if the couple resides in a shared rented eat out in a restaurant everyday, he cannot
accommodation . afford not to oblige, lest he invites the DV
provision for “not providing food”, for which
food”
he could be jailed.
d) If she has an affair and he tries to prevent her
These are just some of the ways in which
from meeting her lover, he could be punished
women can exploit men in a legally permitted
under the DV act, as he is preventing her from
manner. The fact that the complaint by a
meeting someone.
woman will be treated, prima facie, as “true and
e) He can be booked under the DV act if she genuine” opens up a whole new realm of
genuine”
feels that she has been insulted. Insult is a relative possibilities where innocent men will be accused
term, which is totally left to her discretion. and implicated in false cases, just because they
Interestingly, if she insults and abuses him verbally refuse to give in to her unreasonable demands.
or even physically, he does not have any legal
recourse in this law .
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5. Most people readily agree that the law will be b) If she is happy, then why will she file a
misused. Their counter arguments generally are complaint – Ah ! So, the man exists at the mercy
of the woman. If the wife wants to kick out old
a) The number of miuses will be very low OR parents from home or wants to pursue an affair
every law is misused – The objective of any law and should the man dare to object, she can get
should be to punish the guilty and protect the him incarcerated with alacrity. Any law that
innocent. The persecution of innocents cannot forcefully subjects a section of a society to
be justified in any circumstances. As is the case conduct as per the pleasure of another section is
with 498 A, this law will be heavily misused in deemed oppressive and should be vehemently
urban India. opposed.
c) There are other provisions to deal with the The third major flaw in this law is that it
misuse of this law – The fact is that there are provides an all-encompassing definition of
all-
other legal provisions to deal with domestic domestic violence and some terms (insults,
violence as well. If a strict law is made for a name calling) are extremely subjective. The
specific purpose, then the provisions for dealing radical feminists claim that 70% of women in
with its misuse should be in the law itself. India face domestic violence which comes as no
surprise as even an insult is considered domestic
violence. Interestingly, they are mum on how
many indian men suffer domestic violence using
the same criteria.
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6. However, this law makes it very easy to escalate
This law strikes at the very foundation of
the domestic problems in daily life to such a
marriage by promoting intolerance and litigation level that it eventually leads to a breakdown in
for petty domestic disputes. It is universally marriage. Once a man has been accused of
recognized that from time to time differences domestic violence for a something relatively
arise in a marriage and sometimes people, both minor (insult), while he might have been
men and women, behave in hurtful ways subjected to the same treatment from her, he
towards each other. Most people, though, are will perpetually feel threatened by his partner
able to work them out and lead a more or less and that is the beginning of the end. This law
will lead to more divorces, broken homes and
happy life with their loved one.
the children will pay the ultimate price by
getting deprived of a pleasant childhood.
There are degrees of domestic violence and not On the other hand, it gives lots of rights to
all conflicts in a relationship can be termed as women without requiring them to be
domestic violence. This law trivializes the issue responsible. At the very minimum, it should be
of domestic violence by including minor made gender neutral, offering protection to both
differences in its realm and by explicitly denying men and women. Also, provisions for stringent
protection to half of the population. punishments need to be incorporated into the
The law in its current form is grossly inadequate law to prevent misuse. Moreover, the law needs
to tackle the problem of domestic violence. It to be made more practical by differentiating
imposes a lot of responsibility on men, without between various degrees of conflicts and by
giving them rights. unambiguously defining what constitutes
domestic violence.
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7. The fact is domestic violence is a serious Innocent families are being victimized. the
problem and a neutral and unprejudiced law is misuse of women protection laws. Section 498A
needed to protect the genuine victims of of the Indian Penal Code was passed to protect
domestic violence, irrespective of gender. The women against marital cruelty and dowry
perpetrators of domestic violence need to be harassment. This allows the arrest of the
appropriately punished and dealt with. At the husband and his relatives solely on the basis of
same time, protection cannot be withheld from allegations made by the wife, without any
real victims for any reason whatsoever, least of evidence and investigation. Section 498A, being
all their gender. One can be certain that there is non-bailable, allows punishing the accused by
non- bailable,
something sinister about a law, when it imprisonment even before the guilt is
intimidates and instills fear in innocent people. established. Unfortunately, it is increasingly
When a person who has not committed any being misused by women to settle scores with
crime, begins to fear punishment under the their in-laws and husband. Innocent families
in-
provisions of a law, it is not a law anymore – it have been imprisoned only on the basis of the
is state sponsored terrorism. wife's allegations.
ShilpaRane ManjuBharghav
Several authorities have noted that almost 98 per cent of
cases filed under Section 498A are based on false How can they arrest without proof? Section 498 A of the
accusations. We underwent emotional trauma y family Indian Penal Code needs to be revised. Such laws will
and I have been at the receiving end of women only be misused by women for personal gain. Which
protection laws. My brother's wife wanted to divorce couple does not fight? We should encourage couples to
him. To make the divorce process easier, she filed a sort out their difference mutually. Dragging each other
harassment case against us under Section 498 A of the to court and implicating family members will only lead to
IPC. We always treated her with respect and it came as a complete breakdown of the social fabric of our society.
a shock. This completely shattered my brother and My family and I went through a harrowing time after a
plunged him into depression. She didn't even spare a relative registered a complaint against us under the
thought about the one-year-old child she has with my
one- year- draconian 498A of the Indian Penal Code. In case of an
brother. My family had to go through a lot of mental and accident or murder, law requires proof before action can
emotional trauma. We had to run from pillar to post to be initiated against the accused. So why does the law
prove our innocence. It's been three years now and she allow innocent families to suffer merely on the basis of a
has not produced any evidence to substantiate her false complaint. There's an urgent need to look into the
claims. She has realized that her case is weak and wants misuse of women protection laws.
to reconcile with us now. But the case is in our favour
and we are waiting for the court's verdict.
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8. Madhavi Pillai. Family counselor and advocate PR Gokul. Director, Protect Indian Family Foundation
Abusers of the law should be jailed My NGO is creating
Lawyers are equally responsible Only Section 498A of awareness on the misuse of the Section 498A of the
the Indian Penal Code allows the arrest of the husband Indian Penal Code. We have already organized about 25
and his male and female relatives, irrespective of their press conferences in cities such as Luck now, Bangalore,
age and health, without any evidence and investigation. Hyderabad and Delhi. This law came into effect to
I am not against the law. But I do think we need to find
ways to stop its misuse by women. If a woman registers prevent women against domestic violence and
a complaint under Section 498A, police are bound to harassment for dowry. It is an important law but the
take action. But all complaints are not genuine. Many practice of arresting people without investigation needs
women misuse the law to harass their in-laws. Recently,
in- to be changed. Most women misuse the law not only to
a woman approached me. She wanted to file a complaint extract money from their spouses, but also due to career
against her husband under Section 498A because her constraints or adjustment problems faced by them after
husband had failed to keep his promises. I turned down marriage. Misguided advice turns petty quarrels into big
her case and advised her to resolve the issue amicably. fights. I too have been at the receiving end. Earlier, I
Now, another lawyer has taken up her case. I think the
lawyers too are equally responsible for the misuse of the used to feel very lonely and didn't know whom to
women protection laws. approach. According to me, the person who misuses
laws should be arrested and put behind bars.
Balkrishna Shetty. President, Human Rights and Anita Kumar
Development Organization
How many laws are there for men? Many women are
Some complaints are made in anger. The rampant using the laws to satiate their greed for money. They
corruption in our system has led to misuse of women use the law to extract money from the husband and in-in-
protection laws. When an angry wife approaches the laws. In fact, the law is being used by women against
police, she is received by lower rank officers. Depending women. Old mothers and pregnant sisters have been
on her husband's financial condition, these officers sent to jail on the basis of mere allegations. I am not
advise the woman on further course of action. Mostly, against the law but I am against its misuse. There are
women from lower income groups don't file such many laws to safeguard the interest of women. How
complaints. It's usually the financially well-off women
well- many such laws do we have for men? Even they need
who register complaints under Section 498A. I think only legal protection. My brother was implicated by his wife.
an officer of the rank of commissioner should look into She registered a complaint against him under Section
the matter. In many cases, the wife gets angry and 498A. Our family went through a very difficult time. I
rushes to the police station. A senior officer would listen recommend that those who misuse the law should be
to her grievances and give her sound advice. It may be severely punished. We can't solve marital problems by
possible that the woman took the step in anger and may dragging families to court and sending them to jail.
change her mind later.
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9. A senior officer should investigate We need laws Since the nature of charges is very serious, the
to protect women against marital cruelty and matter should be investigated by an officer of
dowry harassment. However, I feel there's need the rank of deputy commissioner or
to revise the stringent Section 498A of the commissioner. Many women are using the law
Indian Penal Code. At present, the accused is against their in-laws and husband to extract
in-
arrested as soon as a case is registered under revenge. Each one of us is equally responsible
Section 489A and the investigations are carried
out later. Old and ailing parents and relatives of for the rampant corruption in our system that
the husband have been jailed. I think it should allows one to misuse such laws.
be made a bailable offence.
MISUSE OF LAWS OF DOMESTIC
Misuse of DOWRY LAW (498A) By women VIOLENCE BY WOMEN
There are many instances where the main point of
discord between the couple was that the wife wanted
This is all about Indian Penal Code 498a,How the husband to leave his parent's home or an old
parents and set up a nuclear family. Since the man
Indian women harass men with the help of Law. resisted this move, the wife used 498A as a bargaining
when they are not able to adjust to husband device, without success though. In one instance, the
young wife being the only daughter of a wealthy
home or with her in laws. or when husband find businessman, wanted her husband to move in with her
out her Pre marital / Extra marital Affair, or parents because his income allowed middle class
comforts, not the luxuries she was used to. Since he did
husband is not doing as she and her family wish not succumb to the pressure of leaving his parents, of if
and hight of all when she want divorce and a women having extra-marital affairs, wanted to settle
extra-
money from husband, IPC 498a is right tool to do with new partner where the husband and her in-lawsin-
resists, that too after having the grown up children, she
all this legally. got both her husband, father and mother in-law arrested
in-
and put in jail for several days under 498A. Is it not a
misuse of law against our own and that too loved ones?
might be the percentage of misuse is less but trust me,
many homes and families are badly hit!!
9

10. At a meeting on Sunday, attended by over 50
Protect men from misuse of laws by women men, there was a talk about rights and laws
favouring women. But the association is not to
protect men from the misuse of the Domestic
CHENNAI: This is a stag party with a difference. Violence Act and Dowry Harassment Act alone
Men, who accuse their girl friends, wives and but also youngsters falsely accused of eve
fiancées of duping them or foisting cases against
fiancé teasing.
them, have come together in Tamil Nadu to put As one man said: “I was dragged by the police
and beaten up in the station. If a girl has a
up a collective fight. personal enmity, she takes it out by falsely
According to the general secretary of Association accusing men of eve-teasing. And there is no
eve-
for Protection of Men, Madhu Sudhanan, more verification done by the police when it comes to
women, they just accept what she says as the
than 1000 members are aged below 25 years sacred truth.” Another member of the
truth.”
and 4000 members are below 40. association said that he was right now on the
streets after he registered his family property in
the name of his lover, who conveniently duped
him after that.
Madhu Sudan an said that many young men “Gone are the days when women were
were being cheated by girl friends – they exploited. Now, many women misuse the laws
emotionally ditch the man, by marrying men of meant for their protection. Many young men
their parents’ choice. But such cheating was
parents’ have been trapped by the laws.
never taken as a crime, he said. Most of the Many youth ditched by girl friends are
association members had been harassed by unnecessarily harassed by police following false
women – wives, girlfriends, fiancées – or duped.
fiancé complaints, another association member in his
But the system is biased towards women, mid-30s, said.
mid-
Madhu Sudanan said, and added there are 84
laws for the protection of women’s rights, but
women’
none for men.
10

11. Protection of Women from Domestic Violence Act,
Comments: 2005& ?kjsyw fgalk ls efgykvksa dk laj{k.k vf/kfu;e 2005& eq[; izko/kkuksa ds
2005& ?kjs [;
vuqlkj nks"kh O;fDr;ksa dks rRlacaf/kr fof/k esa ltk fey lds ,oa blds vykok ihfM+r
efgykvksa dks fpfdRlh; lqfo/kk] vkSj cPpksa ds ckjs esa laj{k.k dh lgk;rk fey lds A
fpfdRlh; o/kk]
Replace the word in Domestic violence act the vxj fgalk dh ?kVuk gks pqdh gS rks mlds fy, vkfFkZd eqvkotk nsus dk Hkh izko/kku
?kVuk fy,
gSA
men/women to person and husband/wife to ihfM+r ?kjsyw efgyk ds LokLF;] lqj{kk] thou rFkk vU; lq[k ls jgus dh bPNk
LokLF;] {kk] vU;
spouse, let the punishment equal for all who do dk guu gksrk gks] ekjihV] HkkoukRed izrkM+uk] vkfFkZd izrkM+uk vkSj uktk;t 'kkjhfjd
ekjihV] k]
the domestic violence, will women organizations lEcU/k cukus dh dksf’k’k] xkyh ;k rkus nsuk Hkh ifjHkk"kk esa lekos’k gSA mlds fdlh
will agree, if they think they do not do the fj’rsnkj dks mlds fo:) djuk Hkh mlesa 'kkfey gSA
fj’ fo:)
mRihfM+r efgyk ds fy, vf/kfu;e esa dbZ O;oLFkk,a vf/kdkfj;ksa ,oa U;k;ky;ksa ds
fy,
domestic violence against men? ek/;e ls nh xbZ gSaA eftLVªªsV ds le{k izkFkZuk i= nsdj vfUrfje fu"ks/kkRed dk Hkh
eftLV
izko/kku gSA eftLVªªsV ds fu.kZ; ds ckn l= U;k;k/kh’k esa 30 fnu esa vihy gksrh gSA
eftLV U;k;k/kh’
(/kkjk& 2] 3] 5] 6] 12] 16] 17] 20] 31½ bl ,DV ds ykxw gksus ij bu izko/kkuksa dk
(/kkjk& 31½
mfpr mi;ksx efgykvksa ds gkFk esa gS vkSj budk vuqfpr mi;ksx gksdj og funksZ"k
O;fDr;ksa dh mRihM+u dk tfj;k u cu tk;s] bldh Hkh [kcjnkjh ysus dk mÙkjnkf;Ro
Hkh efgykvksa ij gh gSA
L=ksr % efgykvksa ds dkuwuh vf/kdkj] dh cqdysV uEcj 8@2008 ls
Legal Awareness Programmes
For the awareness of the human rights in public at large, Justice Jain has
Justice
These books are kept in the Libraries of different schools and colleges wrote about 31 booklets of various legal issues. Out of these booklets 18
booklets
for awareness of students as well as the teaching and ministerial staff. booklets have been published by the R.S.H.R.C. Many other organizations,
organizations,
Some books are even kept in the UN-Congress Library at New Delhi. District Legal Aid Authorities, Departments, Schools, Colleges etc. has also
etc.
published some booklets like Women, Children, Dalits, Arrest, HIV/AIDS,
Dalits,
Teachers of various school are interacting with the students on these Human Rights etc. by the permission of the Commission. They have
issues in zero hours. distributed these booklets in 80000 in numbers.
Some of these booklets are available on Commission’s website
Commission’
About legal aid committees, NGO’s / Educational Institutions above www.rshrc.nic.in and justicenagendrakjain.com. English translation of Some
justicenagendrakjain.com.
55, and some Newspapers have re-printed/Published these booklets as booklets are also available on a German website herenow4u.de.
intimated and about 80,000 booklets titled on women, child rights,
dalits, arrest, human rights and HIV have been published and
These books are:
distributed free of cost among the general public to create awareness.
43 44
11

12. 31 booklet have been written by Justice Nagendra
Jain (Chairperson RSHRC, Jaipur) on different legal
and important issues Fundamental Duties Art 51-A
51-
The Commission under the guidance of the Hon’ble Hon’
Chairperson is making the common people aware about the
duties mentioned in Art. 51(A) of the Constitution.
Justice N.K Jain has made the Performa of these duties and
distributed. So many institutions have reprinted and
distributed in public to create awareness as many people are
not aware of their duties.
He is motivating students of various schools, colleges and other
institutions. Students of these institutions are reciting the oath
oath
of article 51(A) of Constitution of India under the guidance of
R.S.H.R.C.
45 46
47
12

13. 93- jktLFkku mPp U;k;ky; deZpkjh la?k }kjk izdkf’kr Students reciting the oath of section 51(A) of Constitution of India
Lekfjdk& 2010 under the guidelines of RSHRC.
94- lekpkj txr& lekpkj i= esa izdkf’kr
95- jkSud VkbZEl^ lekpkj i= esa izdkf’kr
96- ^nSfud uoT;ksfr^ lekpkj i= esa izdkf’kr
97- jktLFkku pSEcj vkWQ dkelZ ds^jktLFkku pSEcj lans’k^
¼vad& vizsy&2010½
98- Lo0 xsanhyky 'kkg] ,MoksdsV dh Le`fr esa ykW;u
dSyk’kpan o vt; 'kkg }kjk
99- Hkkjro"khZ; fnxEcj tSu desVh] eqEcbZ vapy dk;kZy;&
t;iqj ds v/;{k v’kksd usrk
100- lsaV ikWYl baxfy’k Ldwy] Hknknk ckx] HkhyokMk
101- jktLFkku fdMuh ds;j o fdMuh is’ksUV ,lksfl;s’ku]
t;iqj
102- t;iqj dSalj fjyhQ lkslk;Vh] t;iqj
103- bf.M;u vLFkek ds;j lkslk;Vh] t;iqj
104- gSYi ,t }kjk World Elder Abuse Awareness Day In addition to that in legal literacy and awareness program, chairman
chairman
ij motivated students and even general public to recite the pledge as
105- Addl. D. G. P. o Mk;jsDVj iqfyl ,dsMeh rfeyukMw] mentioned in article 51(A) of Constitution of India. It is good sign that
106- International Summer School of Jain Studies, so many schools have started taking prayer as per instructions of of
New Delhi
107- D. G. P. jktLFkku] iqfyl eq[;ky;] t;iqj
different concerned authorities as per the request of the commission.
commission.
Some of them are as follows:-
follows:- 50
Students of some institutions reciting the Oath as
per Article 51(A) of Constitution of India under
the guidelines of RSHRC.
51 52
13

14. News
Students reciting the pledge.
53 54
News News Reporting
55 56
14

15. 60
15

16. 16

17. Bibliography
Thank you
ACKNOWLEDGEMENT
I Deepika Verma would like to ackowledge
Mr. Justice N.K. Jain , Chairman Human
rights commission , Rajasthan under
whose able guidance I have been able to
accomplish my project on the topic “ Misuse
of Women Law” . I would like to thank him Thank You
THANK YOU
for sparing his valuable time.
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