By Kiranjeet Kaur, Advocate
Gender justice has been a central concern of Indian law since Independence. Over the decades, the legal system has introduced several laws to protect women from discrimination, violence, and exploitation, recognising their historical and social disadvantage. These legal safeguards have played a crucial role in empowering women and ensuring dignity and equality.
However, alongside this progress, a growing debate has emerged around men’s rights and the alleged misuse of gender-specific laws. While women’s protection remains essential, concerns have been raised that certain legal provisions are sometimes used as tools of harassment rather than justice. This has led to increasing conflict between the goals of protection and equality.
This article examines women’s rights and men’s rights under Indian law, compares their legal positions, and analyses how misuse of laws by either side ultimately harms justice and social harmony.
Constitutional Basis of Gender Justice
The Indian Constitution guarantees equality to all citizens:
• Article 14 ensures equality before law
• Article 15 prohibits discrimination on the ground of sex
• Article 15(3) allows special provisions for women and children
• Article 21 guarantees life, liberty, and dignity
Article 15(3) provides the constitutional foundation for women-centric laws. Men, however, are not granted similar special protections, as they are not considered a historically disadvantaged group. This difference has shaped the gender-specific nature of Indian family and criminal laws.
Women’s Rights under Indian Law
Protection from Domestic Violence
The Protection of Women from Domestic Violence Act, 2005 offers civil remedies to women facing abuse within domestic relationships. It provides protection orders, residence rights, monetary relief, child custody, and compensation.
Illustration:
A woman facing physical or emotional abuse can seek court protection without being forced to leave her matrimonial home.
Section 498A IPC: Protection against Cruelty
Section 498A criminalises cruelty by a husband or his relatives, particularly related to dowry harassment. It was enacted to address a serious social problem and has saved countless women from abuse.
However, being a cognizable and non-bailable offence, it also carries the risk of misuse.
Protection against Sexual Offences
Indian criminal law provides strong safeguards to women against sexual violence through provisions relating to rape, sexual harassment, workplace safety, and protection of minor girls under the POCSO Act.
These laws acknowledge the vulnerability of women in both public and private spaces.
Matrimonial and Property Rights
Women have clear rights to maintenance, alimony, streedhan, divorce, and equal inheritance. The Hindu Succession (Amendment) Act, 2005, granting daughters equal rights in ancestral property, marked a significant step towards gender equality.
Men’s Rights under Indian Law
Men do not have gender-specific protective laws. Their rights arise from general constitutional and criminal law principles.
Right to Equality and Fair Trial
Men are protected by the presumption of innocence, due process, and the right to dignity. Yet, in matrimonial disputes, they often face immediate social and legal consequences even before guilt is established.
Protection against False Implication
Courts have acknowledged that false cases, particularly under Section 498A, cause serious hardship.
Illustration:
A husband and his elderly parents may face arrest, public humiliation, and professional damage on the basis of unverified allegations.
In Arnesh Kumar v. State of Bihar (2014), the Supreme Court laid down safeguards against automatic arrests, recognising misuse concerns.
Maintenance and Custody Challenges
Men are legally obligated to maintain wives and children but rarely receive maintenance themselves. Similarly, while custody laws are theoretically gender-neutral, mothers are usually preferred, leaving fathers struggling for visitation rights.
The Problem of Misuse
The Supreme Court has repeatedly acknowledged that misuse of certain laws undermines justice.
• Entire families being named in matrimonial FIRs
• Domestic violence cases used as settlement pressure
• Maintenance claims filed despite independent income
Such misuse does not weaken men alone—it also dilutes the seriousness of genuine women’s complaints and delays justice for real victims.
Misuse Hurts Women Too
False or exaggerated cases create public skepticism, making it harder for genuine victims to be believed. Women facing real abuse often encounter resistance due to earlier misuse by others.
Justice suffers when laws become weapons instead of safeguards.
Judicial Balancing Efforts
Indian courts have attempted to strike balance through arrest guidelines, mediation, income disclosures, and emphasis on evidence-based trials. The judiciary has consistently clarified that women’s protection should not translate into automatic guilt of men.
Need for Reform and Balance
True gender justice requires:
• Gender-neutral application of laws
• Strict action against false complaints
• Speedy trials
• Counselling and mediation mechanisms
• Sensitisation of police and judiciary
Justice must focus on victims and truth, not gender alone.
In Nut Shell
Indian law has made significant progress in protecting women and correcting historical injustice. At the same time, growing concerns about misuse highlight the need for balance and fairness. Laws meant for protection should not become instruments of harassment.
Gender justice can succeed only when the legal system protects the vulnerable, punishes the guilty, safeguards the innocent, and maintains public faith in fairness. Equality before law must remain the guiding principle—justice must be for all, not for one gender against the other.