They say that “Aurat Ghar ko Ghar banaati hai”….Indeed!! A woman is the one who adds life to the four walls of the house, only with her existence, regardless of whether she is a working woman or a home maker. However, not every household is a bouquet of happiness. There have been some families where women are considered inferior to men, a source of expanding assets by demanding dowry, and an easy target when a man has to release his frustration. Maybe that’s why the law makers came up with several laws for protecting women in India.
A few years passed, some women kept their silence against the abusive behaviours of husband and in-laws, while there were some who knew their rights and got such perpetrators punished. Looking at the other side of the coin, in recent years, we see an increasing misuse of laws for married women in India, where false and frivolous cases are being lodged against husband and in-laws to settle scores and get more money in the name of settlement. To get into the roots of such misuse of women centric laws from a legal practitioner’s perspective, Ms. Ridhi Khurana engaged in a conversation with Advocate Anam Siddiqui, to understand the ground reality, and the role played by those in charge of running the legal system.
Misuse of Laws for Married Women: A glimpse of discussion with Advocate Anam Siddiqui
1. It’s trending that women centric laws are being misused. Is there anything to support such statements?
Advocate Anam Siddiqui – With any law, there is a risk of it being misused. Under the Indian Penal Code, people used to file FIRs all the time for civil disputes, and that is one of the grounds for quashing such FIRs. Thus, when there are specific women centric laws, such as DV Act, Dowry Prohibition Act, POSH Act, S. 125 CrPC, cases are bound to happen where people try to use them to their own advantage.
The Judiciary exists to ascertain the real cases from the fake ones. It is the Legal Fraternity’s responsibility – the lawyers and judges, to work together and weed out the frivolous cases, bringing justice for genuine cases.
2. Why do people misuse laws like DV Act and Cruelty under IPC/BNS?
Advocate Anam Siddiqui – There can be several reasons for such misuse. In my personal experience, I have seen people fighting over their ego. Such misused laws usually follow a failed relationship, where the parties, usually want their former partners to suffer, and use these laws as a tool to harass their partners. Thus, it is our duty as lawyers to advise our clients properly before filing such proceedings.
Then the other reason, is greed as we see every day, the wife files these cases, hoping to harass the husband so that he is frustrated and settles the matter by paying more alimony.
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3. How can anyone misuse provisions made for safeguarding married women’s rights?
Advocate Anam Siddiqui – Estranged wives file petitions alleging Domestic Violence, Cruelty u/s 498A of IPC (Section 85-86 of BNS)against the husband, and her in-laws, which creates a stigma against the husband and his relatives. Since, the Police may also be involved, the husband as well as the relatives are scared to act out and say anything to the wife.
The basic principles of law mandate that a complaint must be carried out to its logical end, which takes years and years, considering the pendency of cases in India. That may be necessary for a dispute to be adjudicated properly.But where these cases are frivolous, being tied up in such cases for years, can really feel disheartening.
4. How does this misuse impact families and the society at large?
Advocate Anam Siddiqui – The misuse of laws for married women affect family relationships, since false allegations and prolonged legal battles strain familial ties, leading to mistrust, bitterness, and long-term emotional distress among family members. It also affects the status of the family members and attaches a social stigma to everyone related, that is hard to shake off. The Society is also affected at large, because these frivolous cases add to pendency of cases and also instils a sense of fear and doubts in familial relations.
Also read – Why getting divorce is difficult in India?
5. How can Lawyers and Judges prevent the misuse of such provisions?
Advocate Anam Siddiqui – Lawyers should focus more on advising the clients properly and making them understand that misusing these laws would only harm their lives in the longer run. The clients should be made to understand that the time and money that they invest in these cases can be saved, or better utilised, if their marital problems are solved or settled outside the court.
Having said that, the Courts should impose strict penalties for false claims, including fines and potential legal consequences for perjury. This may act as a deterrent against the misuse of legal provisions.
6. Do you have any suggestions for the legislators to make amends to the existing laws, for preventing the misuse of provisions for married women?
Advocate Anam Siddiqui – Speaking of changes to the existing laws, there should be stricter punishment for cases of malicious prosecution, especially for those laws which are being highly misused.
The Government should conduct awareness campaigns to educate people about the legal provisions and the consequences of misusing them, particularly women-centric laws. This can help create a more informed society that respects the sanctity of these laws.
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While the discussion does not end here, we would like to thank Advocate Anam Siddiqui for giving her time and sharing her experience and knowledge for the benefit of our audience. We hope that the misuse of women centric laws is addressed more seriously so that innocent husbands and their families do not suffer at the hands of married women.To continue the conversation, you can follow and connect with Advocate Anam Siddiqui on LinkedIn.
