“The Very Moment We Let Gender Determine The Truth, We Cease To Be Fair”
Abstract
India’s legal framework has made significant progress in protecting women from violence and harassment through laws like Section 498A IPC, the Domestic Violence Act, and workplace harassment regulation. However, the increasing misuse of these laws has led to a concerning trend of false accusations against men, causing immense mental, social, and financial distress to the accused and their families. The judiciary has also acknowledged this trend in several cases.
This article examines the available legal remedies for men facing false accusations, including anticipatory bail, quashing of FIRs, and defamation suits. Furthermore, it highlights the need for gender-neutral laws to ensure fair treatment for both men and women under the law. By analyzing relevant case laws and statutory provisions, this article aims to contribute to the ongoing discourse on balancing gender justice with the protection of individual rights. Ultimately, it seeks to promote a more equitable and just legal system for all.
Introduction
“In giving voice to the voiceless, have we unknowingly silenced others?”
The idea of justice is based on fairness, equality, and protection for all. In India, gender-based laws were created with the right intention to protect women from cruelty, violence, and exploitation. Laws like Section 498A of the Indian Penal Code, the Domestic Violence Act, and the Sexual Harassment of Women at Workplace Act were necessary because women faced centuries of discrimination and abuse.
But alongside this protection, a new problem has slowly grown. Some of these laws are being used as weapons instead of shields. Men, when falsely accused, often find themselves not only fighting a legal battle but also a social one. From childhood, men are taught to “man up,” to stay strong, not to cry, and not to show weakness. So when they face false accusations, they remain silent, broken inside, because society expects them to just “take it.”
The Rise of False Accusation
Section 498A of the Indian Penal Code was introduced to safeguard women from cruelty and dowry harassment. The Domestic Violence Act also came into force to give women a shield against abuse in their homes. These laws have helped many women, but courts and society have started noticing their misuse.
In Sushil Kumar Sharma v. Union of India (2005), the Supreme Court said false use of Section 498A could turn into “legal terrorism.” Later, in Arnesh Kumar v. State of Bihar (2014), the Court directed police not to make automatic arrests in dowry-related cases.
| Case | Year | Judicial Observation |
|---|---|---|
| Sushil Kumar Sharma v. Union of India | 2005 | Misuse of Section 498A may amount to “legal terrorism.” |
| Arnesh Kumar v. State of Bihar | 2014 | Directed police to avoid automatic arrests in dowry cases. |
| Rajesh Sharma v. State of U.P. | 2017 | Suggested Family Welfare Committees to review complaints. |
From Accused To Victim: The Human Cost
A false accusation does not just put a man in the position of an accused; it often turns him into a victim. The damage begins the moment an FIR is lodged. Even before guilt is proven, society tends to believe the allegation. Reputations are destroyed overnight.
Impact on Genuine Victims
The misuse of protective laws also harms real victims. Every false case reduces the credibility of genuine complaints, making it harder for true victims to seek justice. In Sushil Kumar Sharma v. Union of India (2005), the Court warned that misuse harms the dignity of genuine victims.
Judicial Recognition of Misuse
Courts have recognized misuse in several cases, including Preeti Gupta v. State of Jharkhand (2010) and Deepak Gulati v. State of Haryana (2013). These judgments highlight that criminal law cannot be used as a weapon for revenge.
Misuse of Protective Law in India
India has introduced several gender-specific laws to protect women from cruelty and exploitation. However, their broad scope has made them prone to misuse.
| Law | Purpose | Nature of Misuse |
|---|---|---|
| Section 498A IPC | Protection from cruelty and dowry harassment | Misuse through false cases involving entire families |
| Domestic Violence Act, 2005 | Protection from domestic abuse | One-sided provisions; lack of safeguards for men |
| Sexual Harassment Act, 2013 | Workplace protection for women | False allegations causing career damage |
| POCSO Act, 2012 | Protection of minors from sexual offences | Used to criminalize consensual teenage relationships |
Existing Legal Remedies for False Accusation
Remedies Under IPC and CrPC
- Anticipatory Bail – Section 438 CrPC
- Regular Bail – Judicial discretion for doubtful cases
- Quashing of FIRs – Section 482 CrPC
- Perjury – Sections 191–193 IPC
- Defamation – Sections 499–500 IPC
- False Information and Charges – Sections 182 & 211 IPC
- Criminal Conspiracy – Section 120B IPC
- Compensation – Section 250 CrPC
- Constitutional Safeguards – Articles 14 & 21
The Need for Gender-Neutral Laws
Justice must serve everyone equally. Article 14 guarantees equality before law. Gender-neutral laws would ensure protection for all individuals—regardless of gender—and prevent injustice against falsely accused men.
Comparative Perspective
- United Kingdom: Domestic Violence Act applies to both men and women.
- United States: Sexual harassment laws are gender-neutral.
- Australia & Canada: Domestic abuse laws are inclusive of all genders.
Suggested Reforms
- Stricter scrutiny of complaints.
- Penalties for false cases under Sections 211 IPC & 250 CrPC.
- Gender-neutral drafting of key laws.
- Counselling and mediation before criminal action.
- Awareness campaigns promoting gender fairness.
What Can Be Done
Legal Reforms
- Make laws gender-neutral (498A IPC, DV Act, POSH Act).
- Enforce penalties for filing false cases.
- Mandate preliminary inquiry before arrest (as in Arnesh Kumar case).
- Encourage counselling before litigation in matrimonial matters.
Social Reforms
- Awareness that misuse harms both genders.
- Change in mindset — allow men to seek help without stigma.
- Provide counselling and helplines for male victims.
Conclusion
The purpose of gender-specific laws has always been protection, not persecution. False accusations damage innocent lives and erode trust in justice. True justice demands balance—it must not tilt to one side.
“Change begins when society stops pointing fingers at men by default, and starts demanding evidence before judgment.”
References
- Sushavan Das, From Victim to Accused: The Ordeal of Men Falsely Accused of Crimes, The Academic: International Journal of Multidisciplinary Research, Vol. 2, Issue 12, December 2024, pp. 484–490.
- Coder Thiyuagarajan, Falsely Accused, Truly Broken: Rethinking Gender Justice, Reflections, 28 March 2025. Available at: https://reflections.live/articles/13 (last accessed 27 September 2025)
- Chauhan, K., & Singh, A. K. (2025). Legal protection against false accusation in men. Indian Journal of Legal Review (IJLR), 5(4), 215–221. https://ijlr.iledu.in
- Rashid, M. A. (2025). Towards gender-neutral laws: Addressing biases in the Indian legal framework. Indian Journal of Law and Legal Research, 6(1). https://www.researchgate.net/publication/3902321955
- Gupta, V. K. (2024). Men’s rights movement: Advocating for equality and justice for gender neutral laws. International Journal of Criminal, Common and Statutory Law, 4(1), 181–187. https://dx.d0i.org/10.22271/27899497.2024.v4.i1b.81
End-Notes
- Constitution of India, art. 14 and art. 21.
- Sushil Kumar Sharma v. Union of India, (2005) 6 SCC 281.
- Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.
- Rajesh Sharma & Ors. v. State of U.P., (2017) 8 SCC 821.
- Forum for Manav Adhikar v. Union of India, (2018) 10 SCC 443.
