How Do Women Misuse the Laws for Their Benefit?

Since ancient times, from the earliest recorded history, any civilized society has tried to protect women through Laws that are gender-specific in their protection.

Generally, some laws specific to the protection of women’s rights in the law fall into these categories:

1) Rules for the protection of women from violence. These ensure protection for women who are in a relationship and subject to physical, sexual, mental, verbal, and emotional violence or random violence, including rape;

2) Laws protecting against loss of honor or defamation;

3) The law of child protection, including protection against child pornography and child marriage;

4) The law against gender discrimination while working, the law of equal pay for equal work, and any other gender discrimination in the conditions of work;

5) Laws against the sexual harassment of women in the office or where they work (prohibition, prevention, and prevention): Provisions are there to ensure that there is no sexual harassment against women at the workplace, both in the private and public sectors;

6) Laws related to marriage and divorce give a legal basis for equality in marriage.

7) Laws related to safe motherhood, child-rearing, and medical termination of pregnancy if the mother’s health is in danger.

8) A woman has laws relating to property, and property rights during her lifetime and the inheritance that she gives on her death. On the assumption that the female gender is weak and therefore there should be an additional legal protection from cradle to grave.

These laws all recognize that women as a gender are a passive and lacking agency. “Agency” is defined as “… the ability of individuals to act independently and make their own independent choices.” Therefore, one can say that these laws are essentially patriarchal in nature. That is, they are designed by men to protect women, seen as the “weak penis”.

But what if a woman decides to misuse the laws for her own reasons? The motives for such abuse can also be many. It can be anger, it can be revenge, or it can be blackmail.

For example, a woman claims that she was sexually raped by a particular male. There are actually many cases of actual rape so far and such violence is a crime against humanity as well as an individual woman. But because there are so many real cases of rape, what happens if a woman abuses the laws against rape?

Section 375 of the Indian Penal Code describes the type of sexual activity between a man and a woman that causes rape. The clause is presented as follows: “A man is said to have” raped … “A woman’s agency is completely non-existent.

Under the Dowry Prohibition Act (Section 498A / 406 (IPC). This law was enacted for the purpose of maintaining the dignity of women at the time of marriage, especially the arrangement of marriage.

At the same time, a woman’s power to file a 498A complaint may result in an FIR being lodged without intrinsic value or preliminary investigation. She will be punished with imprisonment for cruelty which may extend to three years. ”

A recent survey conducted by Fight Against Misuse against the report of the Dowry Act found that 98% of the cases registered under this section were false. Lawyers in India can provide you with further details.

Please follow and like us:
Need help? Call us: +91-925-070-6625
Anshika Katiyar

Anshika Katiyar

1 Comment

Leave a Reply

Your email address will not be published. Required fields are marked *