In the recent excitement of diverse aspects of sports, politics and education, a veiled yet widespread talk about feminism and abuse of laws has always persisted. The word, “abuse” not only introduces “misuse” or “unjustified overuse” of something, but also talks about the privilege of good usage, untouched by many. This article is a brief focus on the weakness of Indian Judiciary to maintain its neutrality, resulting to a serious note— when it costs an innocent man his whole life to prove himself as ‘not guilty’ but a woman a few days to prove him ‘guilty’, the arbitrariness of the Judiciary is put to question.
Where Indian Constitution has always worked for protecting and establishing the right of every Indian Citizen, amendment of certain laws has been going beyond the promised “protective discrimination” of all people, by exclusively biasing against men.
Where we see the active effort of feminism reporting and voicing out of cruelty against women, unreported sexual assaults and domestic violence, that actually comprises 3,71,503 cases to 4,45,256 cases according to NCRB in 2022, yet recent amendments of matrimonial and alimony cases has nowhere been neither protective for men, nor of false allegations. At one hand constant postulation of laws is flawing the arbitariness of judiciary, on the other hand the stagnant rise of violence against women, clarifies the faulty of actually strict law implementation. Where as no batting of an eye has been made to sensitive issues such as criminalizing marital rape. Forces have been given upon laws such as ———
《■》Section 375 of IPC: States any kind of sexual intercourse with a woman against her will or consent or by any coercion, misinterpretation or fraud, or by intoxication or in case of underage girls should be classified as rape. Nowhere in this law it is genuinly mentioned about both the genders or men, that also defines every perpetrators as men and every victim as women. Also a lack of guidelines of consent concept also opens a door for misuse.
《■》In case of Article 304b for dowry deaths and section 498a of cruelty against women, it leaves no place for defence in case one of the relatives from the bride’s in laws is actually a minor or a senior citizen, that leaves the thought of how can a minor child of 8yrs or a senior of 70 yrs is physically capable of performing horrible cruelty. Whereas the amendments a few that has been mentioned is meant for protection against the surging cases of violence, it leaves the safety of men against rape and violence into question.
An oxymoronic position of 418 out of 21,287 fake dowry cases but 49 offences against women per hour is being reported, where 96% of offenders belonging from the victim’s family, truly raises a strong concern. The ultimate result of certain fake allegations establishes adverse effects of dismissing the true crimes and discourages men’s initiative on supporting and empowering women posing a threat to their ownselves.
The inability of implementing bodies to zoom out into the society— where a woman is being measured by her beauty and virginity and not by her education, thousands of unspoken stories of assault faced by men have been resulting in benefit of already supported women demanding alimony ,where voices of children and women being suppressed under the unfairness of justice.