Guarding Both Sides of Justice: Legal Reforms to Address Misuse of Women Centric Laws While Strengthening Protection for Women Against Violence
- YourLawArticle
- 9 hours ago
- 2 min read
Authored by:
Adv Kavita N Solunke (BA, BSL, LLM, MBA, GDC&A, PG(ADR), STAR CCIO), Additional Government Pleader, Arbitrator, Mediator& Conciliator High
Court of Bombay & Notary Govt of India
Abstract
Women centric criminal laws in India, such as Section 498A of the Indian Penal Code (IPC) on cruelty, dowry‑related offences, and domestic violence provisions, were introduced to confront entrenched gender‑based violence and chronic under‑reporting.[1] Over time, however, a powerful counter‑narrative of “misuse” has emerged, focusing on allegations of false or exaggerated complaints, omnibus implication of relatives, and strategic use of criminal law in matrimonial disputes. Recent Supreme Court decisions, especially in 2024-2025 on Section 498A IPC and dowry‑related offences, demonstrate judicial concern about both wrongful criminalisation and the continuing severity of violence against women.
This paper argues that the appropriate response is not to dilute women‑protective laws, but to adopt targeted legal and institutional reforms that reduce misuse while preserving strong remedies for genuine victims. Drawing on recent case law such as Dara Lakshmi Narayana v. State of Telangana (2024), Achin Gupta v. State of Haryana (2024), and the Supreme Court’s evolving guidelines on dowry‑related violence, as well as earlier precedents including Arnesh Kumar v. State of Bihar the paper proposes a reform package centred on: (i) codified arrest standards; (ii) structured triage and voluntary mediation in appropriate cases; (iii) safeguards against omnibus implication of distant relatives; (iv) victim‑centred support systems; and (v) data‑driven law‑making. It concludes that “guarding both sides of justice” - protecting women from violence and accused persons from procedural abuse - is possible only through calibrated reforms that are evidence‑based, gender‑sensitive and institutionally grounded.
Keywords: women‑centric laws, Section 498A IPC, dowry‑related violence, domestic violence, misuse of law, legal reforms, Supreme Court of India; due process; gender justice; criminal justice system; India.
[1] Indian Penal Code 1860, s 498A; Dowry Prohibition Act 1961; Protection of Women from Domestic Violence Act 2005.
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