EQUITY OR EQUALITY: Understanding The Laws Of Modern India
INTRODUCTION
A young man, Atul Subhash, came to Bengaluru from Bihar with ambitions, dreams, and hopes in his youthful eyes. As an engineer, he specialised in artificial intelligence (AI) and was in a good position as an employee under a prominent tech company. As a citizen, Subhash was a responsible and dutiful individual, aware of his responsibilities—he fulfilled his jobs as a son, as a brother, as a co-worker, and as an employee. Being single, Subhash always felt the need to have a partner, which got fulfilled when he found Nikita Singhania, hailing from Jaunpur, Uttar Pradesh. They got along well and both tied knots in the year 2019. However, Atul Subhash's journey came to an end after his suicide on December 9, 2024, and this left behind sparks that converged together to form a fire of anger, which spread throughout the nation like a wildfire after an 81-minute video and a 24-page suicide note were released. His struggle and the injustice he faced have left people in fumes. This unfortunate incident presents a question in front of everyone, challenging the system of our nation: Why does India have such gender-biased laws?
HISTORY: AN ANALYSIS
For centuries, Indian society has treated and relegated the female section as the weaker ones, oppressing and suppressing their voices. Practices like the sati system, child marriage, and pardha system were prevalent in the society. It is believed that the Sati System started before the Gupta Period, that is, from 500 CE. Additionally, they had no rights to possess property either. During the Mediaeval phase, the practice of varadakshina was of great importance—it was a form of dowry only. During the advent of British people and the start of colonisation, the officials acknowledged these, and Lord William Bentick abolished the practice of sati. Even as the nation strived for independence, the participation of females was not as evident. Back in those days, violence against women was very much a common phenomenon that could be seen in almost many households. After gaining independence, the framers of our laws realised the importance of protecting the weaker section of the society—women were, unfortunately, a part of this section alongside scheduled castes and scheduled tribes.
Laws have come into existence to empower these sections of the society; they act as shields, safeguarding the victims from the injustices prevailing in the society. If one takes a look at the fundamental rights mentioned in chapter three of the Constitution of India, Articles 14 to 18 give everyone the right to equality, emphasising that our law treats everyone equally while upholding the principles of equity. Had it not been for these rules and legal provisions, the image of current India would have been a different one with injustice prevailing and the weaker section suffering. These laws emerged as a necessary correction to prevent further exploitation of women.
However, even after the implementation of such stringent rules and regulations for women, the society witnesses horrendous crimes like Vishaka & Ors vs State Of Rajasthan & Ors on 13 August, 1997; Mukesh & Anr vs State For Nct Of Delhi & Ors on 5 May, 2017; and the very recent Kolkata rape case. With the occurrence of these cases, one thing is clear: it will not be an easy task for the women of India to get a safe and sound environment anytime soon. It is a hard task to dismantle the age-old patriarchy and misogyny that are so deeply rooted in the nation that getting rid of them is not easy
CURRENT SCENARIO
With the changing times, such laws and regulations have come forth that act as a shield against predators, protecting the women of India. These gender-biased laws have contributed to the increased participation rate of women in the workforce, indicating their positive impact. Additionally, these laws act as a backbone and give voice to the victims who are suffering from violence. These laws have brought gender equality, and women can be seen participating and holding good positions in the present scenario. However, as the roles of women have increased and as they have started working together with men, it has sparked a row of debates over the implementation and fairness of the laws of India. Despite the heart-wrenching cases like the Nirbhaya gang rape case, it is worth noting that the misuse of these laws has become a very concerning subject. With what happened to Atul Subhash, it is necessary to realise the potential misuse of rights can be done by women to exploit their husbands or relatives by falsely accusing them.
Section 85 of the Bharatiya Nyaya Sanhita, 2023, the Dowry Protection Act, 1961, and the Domestic Violence Act, 2005, and so on, have come forth to resolve the grievances of the individuals suffering. But in recent times, the rise of fake cases is significant. It is seen that N number of cases filed under Section 498A are fake, which makes it difficult for those who are actually suffering to seek justice. These false accusations not only harm the reputation of the accused but also divert attention from the victims who are genuinely suffering. Such situations leave a psychological toll on men who have been accused of committing crimes that they have never committed. This leads to mental stress, depression, social ostracisation, family breakdown, anxiety, etcetera. It is important to provide legal protection to men as well because gradually, their condition in India is worsening because of various factors like the prolonged legal battles, societal pressure, and financial strain that leave them in a situation that many cannot bear and give up on their lives, considering suicide as the best possible option.
CHALLENGE OF BALANCING EQUITY WITH EQUALITY
The challenge of balancing equity with equality inherently lies in the ongoing tension and debate over the gender-biased laws. Its historical aspect portrays an image where the oppression and violence against women were prevalent, and these laws were made with an aim to protect the female section of society from such abuse and violence. However, in the modern scenario, the misuse of rights by some women has become a growing concern. It has become harder to find the truth because of such stringent and gender-biased laws. The falsely accused individual faces barriers to seeking justice, harming his physical and mental well-being similarly to what happened with Atul Subhash. There was a time when it was true that women used to bear all the pain, mental and physical stress, along with various other problems, but the changing circumstances in the current times present a different picture in front of us where even men are subject to violence, mental stress, and harassment.
A CALL FOR REFORMS
It should be kept in mind that while gender-biased laws were created to safeguard the rights of women, protecting them from violence and danger, times and situations are changing now. The modern circumstances present a different picture where those who used to abuse have now become subject to such abuse and mental harassment. The need of the hour is to create a balance between the rights of both the parties, to make sure that the rights of women remain while the psychological, mental stress, and depression faced by men due to such misuse of laws are avoided by introducing such a system and perhaps laws as well. Some of the changes that can be introduced are as follows:
First, Section 85 of the Bharatiya Nyaya Sanhita, 2023, shall be revised and such stricter provisions must be added to the same so as to avoid the misuse of the legal rights under this section and such other legal rights rules by introducing reforms like mandatory and stricter verification must be done.
Second, it must be ensured that the allegations made against the accused do not affect him or his family in such a manner that could impact their physical or mental health.
Third, Acts like the Dowry Prohibition Act, 1961, Domestic Violence Act, 2005, and the Bharatiya Nyaya Sanhita, 2023, containing provisions pertaining to domestic violence, dowry, and sexual harassment should be revised and be made gender neutral as the current circumstances shows that both the parties are subject to abuse, harassment, etcetera.
CONCLUSION
It is an unfortunate time that this topic is being raised yet again but this time, highlighting a different side though still saddening. The depressing condition of men residing in our nation. Gender-biased laws are a need for the nation but by analysing the present scenario, gender-neutral laws are a need of the hour. are just as important to avoid any mistake. We need gender-biased laws because still, in India, oppression of women has not stopped. Violation against the female section has been on rise and has become more horrendous as we go back to take a look at the Kolkata rape case. It is important for us to realise that the principles of Equality and Equity are in fact closely linked to one another. However, only bringing a change in the laws will not bring justice to the victims. It is important for society to bring a change in their attitudes and their cultural norms. It is to protect and safeguard the rights of the vulnerable sections of the society by acknowledging their struggles and not dismissing their problems. At the same time, it is important to protect men from being the subjects of harassment.
REFERENCES
https://indiankanoon.org/doc/1031794/
https://indiankanoon.org/doc/68696327/
Jagriti Thakur
Second Year — Fourth Semester
SS Khanna Girls’ Degree College, University of Allahabad
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