Love, Loss, and Legal Loopholes: Are Safeguard Laws Being Misused By Women?

In the quiet corridors of India’s courts, a complicated story unfolds every day. One that makes us question justice, gender, and the law. The Allahabad High Court’s recent decision to grant bail to a rape accused has set off a critical debate that-

“Are protection laws being abused by women once relationships go wrong?” 

It is not a question to be argued; it comes to the heart of the manner in which society tries to protect vulnerable people while also considering the possibility that such protection can be misused.

The case is not quite cut and dried. For each suspicious complaint, there are numerous genuine victims who struggle to obtain justice in a system full of numerous obstacles. Reality exists in the middle-ground mess, where emotions, social pressures, and law meet in unpredictable ways.

India also has a long and arduous journey in enacting laws to protect women. In 1983, the Criminal Law Amendment Act included Section 498A in the IPC to handle domestic violence. Then in 2005, the Protection of Women from Domestic Violence Act broadened the definition of abuse to encompass not only physical violence but emotional, sexual, and economic abuse as well. These legislations were enacted because individuals recognized that women are being abused in their own homes, which should be their own refuge.

Rape legislation reforms, particularly in the wake of the horrific 2012 Delhi gang rape, made the laws stricter and more protective and altered the law of consent. The reforms were long-fought victories after decades of reform efforts. Justice Krishna Iyer in the 1978 Rafiq case quoted, “A murderer kills the body, but a rapist kills the soul.” His words continue to ring in the courtrooms today, demonstrating why these legal safeguards are of the highest value.

But like all powerful weapons, there is always the danger of its misuse. The Supreme Court’s stern observations in the Arnesh Kumar vs. State of Bihar case (2014) were in response to fears of the potential misuse of Section 498A, stating it had become a “weapon rather than a shield” in certain instances. The court stated that arrests in such circumstances should not be automatic and that certain guidelines should be followed. Justice A.K. Goel took a step further in 2017, instituting “family welfare committees” to probe complaints before any arrests were made—although this guideline was later withdrawn following pushback from women’s rights organizations.

The issue is not merely that of domestic violence law. Even in rape, courts have commented on patterns suggestive of abuse in the past. In 2019, the Delhi High Court acquitted a man on charges of rape and commented that sometimes women complained after the breakdown of consensual relationships. Another Justice said, “The criminal justice system should not be used as a pressure tactic to settle personal scores.“

There was a case in the past when a woman accused her former boyfriend of rape after he didn’t marry her. After a long investigation and trial, it was proved that the relationship was consensual between the two of them all along. The accusation was made only when his family got him married to another woman. The judge said that it is extremely painful to go back on a marriage commitment, but it does not turn a consensual relationship into rape.

This is a trend that seems all too common to most lawyers. Indira Jaising, the erstwhile Additional Solicitor General, once remarked at a law convention, “Laws are like medicines—they must be prescribed in the right dosage for the right ailment. Overuse or misuse diminishes their efficacy.“

Lost in all these negotiations, however, is the human cost. For each bogus case that receives publicity, hundreds of real victims never get their names in the headlines. A 2018 National Law University Delhi report estimated nine cases went unreported for each case of domestic violence that was reported. The number of unreported cases of sexual assault is estimated to be even greater. As activist Flavia Agnes is wont to say, “The system’s failure isn’t that some laws are misused—it’s that most crimes against women never see justice at all.”

The reasons behind potential abuse are complex and have numerous components. At times, it occurs following emotional injury when things go awry in relationships. At other times, families pressure women to lodge complaints regarding property matters or for other concealed motives. At times, it is a last resort attempt to achieve justice in a system that does not provide many alternatives. And of course, sometimes there is malicious harm.

“Human relationships are complex. When they fail, the legal framework must tread cautiously, distinguishing between criminal behavior and the pain of shattered hearts.” It is important to point that the complainant is in a willing relationship with the accused for almost many years before accusing him when he married another woman.

This trend was repeated in the recent Allahabad case. Justice Krishan Pahal noted that the complainant was educated and was aware of the man’s marriage when they were dating. The five-month gap in filing the FIR led people to wonder if this was indeed a case of crime or merely the bitter aftertaste of a relationship.

But let’s be sure—recognizing these issues does not mean ignoring real violence against women. As the Supreme Court wisely noted in the review of the case of Rajesh Sharma (2018), “Misuse of laws by some cannot be a ground to dilute protections for all.” The court was aware that while steps against such abuse are justified, they cannot dilute the protective purpose of the laws.

Recent statistics by the NCRB indicate that the conviction rate in rape cases is very low at around 27%, although more cases are being registered. This can be an indicator that more crimes are being reported, but it could also involve some false reporting. It is difficult to achieve the right balance between safeguarding vulnerable women and preventing abuse.

In 2022, a very public case in Mumbai was that of a woman executive who accused a senior colleague of raping her after the two of them had engaged in a company relationship. Text messages and witness evidence later revealed that they had a mutual relationship that went wrong after the man got a promotion that she was interested in too. Though charges were dropped, the man’s career and reputation were ruined for good—this shows how accusations can ruin lives.

Justice D.Y. Chandrachud, once said, “The legal system must walk the tightrope between protection and persecution. To fall off either side is to fail justice.” His words show how courts have to remain on a tightrope.

The way forward is not easy. Maybe it starts with accepting that these issues are on a spectrum and not black and white. We need thoughtful debates that can allow room for both the need for protective legislation and the need for controls to avoid their abuse. As Delhi High Court noted in a 2023 ruling, “What we need is not diluted laws but stronger probes and more nuanced implementation.”

Ultimately, the problem is not whether women abuse laws or not—there are some who do, as some men abuse their authority. The problem is how to organize society so that it can protect those who are vulnerable and still maintain justice to be equitable. As Mahatma Gandhi so eloquently put it, “The true measure of any society can be found in how it treats its most vulnerable members.” This is the true challenge that we must all address.

The search for this balance continues, with every case presenting a new twist on this complicated narrative. One thing is certain, though: Plain stories do not belong in pursuit of justice. Truth, as ever, lies in the gray areas. It is where the emotions, law, and societal expectations converge in their messy, complicated manner.