New Delhi. The Supreme Court will hear a petition on Monday regarding women-centric laws. The petitioner has alleged misuse of these laws and demanded protection for men as well. The case is listed before a bench comprising Justices BR Gavai and KV Chandran.
The petition, filed by Rupashi Singh, questions the validity of provisions related to dowry prohibition, protection of women from domestic violence, and cruelty against women under the Indian Penal Code.
Key demands in the petition:
- The petition highlights malice in law, irrationality in the alleged provisions, and their lack of equality.
- It seeks protection for men from false complaints and misuse of laws leading to harassment.
- The Dowry Prohibition Act, 1961 discriminates based on religion. The Domestic Violence Act, 2005 is women-centric and biased against men.
Major laws in India for women’s protection:
- Dowry Prohibition Act, 1961 Purpose: Prevent dowry harassment and punish offenders. Misuse: Some women file false cases to harass husbands and in-laws.
- IPC Section 498A Purpose: Protect married women from dowry harassment and abuse. Misuse: Immediate arrests without proper investigation often harass men and families.
- Domestic Violence Act, 2005 Purpose: Protect women from physical, mental, economic, and sexual abuse. Misuse: Some women exploit it for financial gains through false cases.
- Sexual Harassment at Workplace Act, 2013 Purpose: Safeguard women from workplace harassment. Misuse: False accusations for blackmailing colleagues or bosses.
- Rape laws (IPC Sections 376, 354) Purpose: Prevent sexual offenses and protect women. Misuse: False allegations for revenge or personal gain.
- Hindu Marriage Act, 1955 (Maintenance Sections 24/25) Purpose: Provide financial support to economically weaker women during divorce. Misuse: Exaggerated claims for higher alimony.
Supreme Court
The **Supreme Court** is the highest judicial body in many countries, including the United States, where it was established in 1789 under the Constitution. It serves as the final authority on legal and constitutional matters, ensuring the interpretation and application of the law. The U.S. Supreme Court, located in Washington, D.C., is known for landmark rulings that have shaped civil rights, governance, and societal norms.
Dowry Prohibition Act, 1961
The Dowry Prohibition Act, 1961, is an Indian law enacted to prevent the giving or receiving of dowry, a traditional practice where the bride’s family provides gifts or money to the groom’s family, often leading to financial strain and exploitation. The law criminalizes demanding, offering, or accepting dowry, aiming to protect women from harassment and abuse linked to dowry disputes. Despite its enforcement, dowry-related issues persist, prompting amendments and stricter penalties over the years to strengthen the act.
Indian Penal Code
The **Indian Penal Code (IPC)** is the official criminal code of India, established in 1860 during British colonial rule. It was drafted by the **First Law Commission**, chaired by Lord Macaulay, and remains the foundation of criminal law in India. The IPC defines crimes, punishments, and legal procedures, reflecting a blend of British legal principles and Indian societal norms.
Domestic Violence Act, 2005
The **Domestic Violence Act, 2005** is an Indian law enacted to protect women from physical, emotional, and economic abuse within households. It defines domestic violence broadly, including verbal and sexual abuse, and provides legal remedies such as protection orders, residence rights, and monetary compensation. The Act was a significant step in addressing gender-based violence, recognizing women’s rights to safety and dignity in domestic relationships.
IPC Section 498A
IPC Section 498A is a legal provision in the Indian Penal Code enacted in 1983 to protect women from cruelty, harassment, or dowry-related violence by their husbands or in-laws. It addresses the social issue of dowry demands and marital abuse, allowing for criminal charges and arrests without a warrant in reported cases. While it has been a tool for women’s rights, debates persist over its potential misuse and the need for balanced legal reforms.
Sexual Harassment at Workplace Act, 2013
The *Sexual Harassment at Workplace Act, 2013* is an Indian law enacted to prevent and address sexual harassment in workplaces, ensuring a safe environment for women. It was introduced following the landmark *Vishakha Guidelines* (1997), which were established after a Supreme Court case to provide legal protections against workplace harassment. The law mandates employers to form Internal Complaints Committees (ICCs) and outlines procedures for filing and resolving complaints.
IPC Sections 376, 354
IPC Sections 376 and 354 are provisions under the Indian Penal Code (IPC) that address sexual violence. Section 376 deals with rape, prescribing punishments for offenders, while Section 354 criminalizes assault or criminal force against a woman with intent to outrage her modesty. These laws have evolved over time, with amendments like the Criminal Law (Amendment) Act, 2013, which strengthened penalties and expanded definitions after public outcry over high-profile cases like the Nirbhaya gang rape.
Hindu Marriage Act, 1955
The **Hindu Marriage Act, 1955** is a key Indian legislation that governs marriage and divorce among Hindus, Buddhists, Jains, and Sikhs. It was enacted to codify and modernize Hindu personal law, introducing monogamy, setting marriage conditions (like age and consent), and providing provisions for divorce and separation. The Act reflects post-independence India’s efforts to reform traditional Hindu marriage customs while preserving cultural and religious practices.