Masculism and Fundamental Rights; An Analysis of Indian Constitutional Realities

Abstract

The number of crimes committed against women on a daily basis has increased, which is the primary reason why laws that favour them, protect them, and preserve their privacy and dignity were put into place. The legislature was proactive in carrying out its duties as and when a new law needed to be introduced or an alteration was required. To protect women\'s interests in society, the following laws were recently introduced

Introduction

Section 498A (Dowry Harassment Law)

• Purpose: Protect women from abuse and harassment by husbands/in-laws, especially over dowry demands.

• Misuse: Women sometimes file false complaints to gain advantage in marital disputes; this leads to quick arrests harming accused men’s reputation and finances.

• Concern: Both giving and receiving dowries are illegal, but often only men/families are targeted, ignoring that both parties are culpable. Critics say the law is sometimes used to extort or control men during divorce or separation.

Section 125 CrPC (Wife Maintenance)

• Purpose: Provides financial maintenance to wives unable to support themselves.

• Misuse: Sometimes abused in divorce to claim excessive or unreasonable maintenance.

• Concern: Seen as favoring women unfairly, causing financial burden on men.

• Court Ruling: Supreme Court confirmed maintenance proceedings are civil, aimed to protect vulnerable spouses, and justified non-compliance with conjugal restitution doesn’t bar maintenance. The law balances protecting women from destitution while recognizing genuine claims.

False Rape Allegations (Section 375 IPC)

• Purpose: Criminalizes rape to protect victims.

• Misuse: False accusations can be made for revenge, financial gain, or coercion, severely damaging innocent men’s lives.

• Concern: False cases undermine real victims’ credibility and waste legal resources. Reports indicate a significant number of rape cases in India are false or fabricated, with family pressure often influencing false claims.

• Examples: Multiple cases cited where women filed repeated or fabricated rape charges. False accusations can lead to serious mental trauma and even suicides.

• Call for Reform: Emphasizes need for gender-neutral investigations and judicial fairness to protect all parties and reduce misuse.

Protection of Women from Domestic Violence Act, 2005 (PWDVA)

• Purpose: Protects women from domestic abuse (physical, mental, sexual, economic).

• Misuse: Alleged that women sometimes misuse it for leverage in divorce, custody, or to harass men; men can be unfairly evicted or burdened legally and financially.

• Concern: Law only protects women (not men), ignoring domestic abuse by women against men. Critics say this creates gender bias and injustice, with very low conviction rates and many cases viewed as false.

• Issues: Men have limited legal protection against false claims; the law is sometimes exploited as a tool for extortion or divorce advantage, violating principles of natural justice.

Conclusion

While these laws were created to protect women from abuse and ensure their welfare, there is concern and documented misuse leading to false accusations and unfair treatment of men. There are calls for more balanced, gender-neutral application of laws to prevent exploitation, protect innocent accused persons, and maintain justice for all parties involved.

Copyright

Copyright © 2025 Mr. Lokaksh Aggarwal, Ms. Vinayaka Srivastava. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.