When Protection Becomes Controversial
India has strong laws to protect women. These laws were created because women have faced violence, abuse, and discrimination for many years. Domestic violence, sexual harassment dowry, deaths and sexual assault are real problems in Indian society. To deal with this, the law has provided special protection to women.
At the same time, some recent cases have raised serious concerns. In these cases, men and their families claim that women have used these laws falsely to harass, threaten or extort money. Because of this many people now ask an important question:
Are Women Protection Laws only a shield for victims, or are they used as a weapon for personal revenge?
Two Tragedies, One Broken System
The conflict between protection and misuse can be clearly seen in recent cases. The Bengaluru techie case where Atul Subhash allegedly died by suicide after long legal dispute with his wife. He left behind a detailed note, accusing her of filing false domestic violence cases and demanding nearly ₹3 crore. His death shocked the country and restarted the debate on the misuse of women’s protection law. Similarly, in the case of Shobhit Kumar Mittal v. State of Uttar Pradesh, the Supreme Court quashed a dowry case against a brother-in-law on the grounds of vague allegations, which cannot be used to involve distant relatives, who have little or no connection to the dispute. These cases are not movies or exaggerations. Courts themselves have admitted that misuse exists. At the same time, courts have also said clearly that misuse does not mean that the law is wrong.
The Legal Arsenal- What Laws Protect Women
To clearly understand the current crisis, we must look at the “shield” provided by the Constitution of India. The framework is based on several key pillars:
- Article 14: Gives equality before the law.
- Article 15(1): Bans discrimination based on gender.
- Article 15(3): Allows the government to make special laws for women and children.
- Article 21: Protects life, dignity and personal freedom.
- Article 51A(e): Asks the citizen to respect the dignity of women.
This article show that protecting women is not optional. It is a constitutional duty.
Important laws for women:
Section 498A: This law means cruelty by a husband or his relative is a criminal offence. Cruelty includes physical abuse, mental harassment and dowry demands. Punishment can be up to 7 years in jail.
Protection of Women from Domestic Violence Act (PWDVA), 2005: This gives civil relief instead of jail punishment. It includes protection orders, the right to live in the shared household, maintenance and financial support to women.
The goal of these laws was to treat domestic violence as a serious public crime, not a private family matter.
The Crime Data: A Confusing Picture
To understand the crises, we must look at the numbers. The NCRB 2023-2024 reports offer a sobering view of the scale of violence versus the efficacy of the law.
The Scale of Violence
Total Crimes Against Women (2023): 4,48,211 cases.
Cruelty by Husband/Relatives: 31.4%
Dowry Deaths: 6,516 reported annually.
This shows that violence against women is still widespread.
The Conviction Rate
Section 498A (Cruelty): 13% – 20% out of 1,40,000 cases registered annually.
Rape: 28.6% out of 31,000 cases reported annually.
General IPC Crimes have an almost 50% conviction rate.
Why Convictions Are Low?
- False Cases: NCRB data suggests about 8.7% of rape cases and 3.6% of 498A cases are found “false” by the police during investigation.
- Systematic Failure: The low conviction rate isn’t just about “falseness”, but about the 10-year delays, witness intimidation, and sloppy police work that allows the guilty to walk free.
Many genuine cases fail because of these problems.
How Misuse Happens
The misuse of Protective laws has evolved into several distinct categories, as seen in recent judicial precedents:
- Rape on False Promise of Marriage (Section 69 BNS/376 IPC)
Sometimes, after a relationship ends, one partner files a rape case saying the promise of marriage was false. The Supreme Court has clarified that a failed relationship is not rape. In Dhruvaram Sonar v. State of Maharashtra (2019), the Court said that a broken promise is not a crime unless the intention to cheat existed from the beginning. In XXXX v. State of Madhya Pradesh (2024), the Court quashed a case where both adults knew that marriage was legally impossible.
- The POSH Act Misuse
The POSH Act protects women from sexual harassment at work. However, in Anita Suresh v. Union of India (2019), a woman filed a false complaint to avoid disciplinary action. The court fined her ₹50,000. This shows that even good laws can be misused.
- Domestic Violence Act and Property Claims
Some women misuse the right to residence to claim property owned by parents-in-law. In S.R. Batra v. Taruna Batra, the Supreme Court ruled that a woman cannot claim residence in a house owned only by the in-laws. In Kamlesh Devi v. Jaipal (2019), domestic violence cases against distant relatives were dismissed.
- Section 498A and Arrests
Earlier, police often arrested husbands and relatives immediately. In Arnesh Kumar v. State of Bihar (2014), the Supreme Court stopped this practice. Police must justify an arrest. This decision reduced harassment but did not weaken the law.
- False Rape Allegations
In Santosh v. State of Chennai (2021). A man falsely accused of rape was awarded ₹15 lakh compensation. The court recognised the mental and societal damage caused by a false case. This protects innocent people without reducing protection for real victims.
The Silent Side: Why Women Do Not Report Abuse
According to NFHS-5 data- 26% of Indian women face domestic violence, and less than 1% report it.
The reasons include fear of society, financial dependence, pressure from family, fear of retaliation and lack of trust in police and courts.
For every misuse case that becomes news, there are hundreds of women suffering silently
Understanding the Reality: The 85-15 View
No group is perfect, and expecting complete honesty from anyone is unrealistic. If out of 100 cases, 15 involve misuse, the remaining 85 involve real suffering. Then removing or weakening the law would destroy the protection for the remaining 85. Misuse by a minority should lead to better safeguards, not the removal of the protection itself.
The Way Forward: Balanced Justice
The solution is not removing women-protection laws. The solution is fixing how they are used.
Needed Reforms are:
- Preliminary Inquiry before arrests in non-serious family disputes.
- Gender-Neutral Remedies for harassment and extortion
- Strict Punishment for proven false complaint
- Fast-Track Courts to finish cases within 6 months
- Better Police Training
- Early Court Scrutiny to separate genuine cases from misuse.
Conclusion: Protect Women, Protect Justice
Women-protection laws exist because women need protection. This truth cannot be denied.
At the same time, misuse also exists and causes real harm. Innocent people lose reputation, mental peace andnd sometimes their lives.
The death of a Bengaluru engineer and the millions of women who suffer silently are not opposite stories. They are signs that the justice system must become smarter and faster.
A society that removes protection for women out of fear of misuse fails humanity. A system that ignores misuse also fails justice.
True justice lies in balance, fairness and reform, not in the blame or backlash.
