Sep 2026· International Journal of Law Management & Humanities· 0 citations
Abstract
India has enacted several special laws to protect women from domestic violence, dowry harassment, sexual offences and other forms of gender-based discrimination. These enactments were introduced to address the historical and social disadvantages faced by women and to secure their constitutional right to equality and dignity. While those protections remain indispensable, judicial decisions have acknowledged that in certain cases such provisions may be misused through false or malicious complaints, resulting in hardship to innocent persons. This paper examines the misuse of protective laws in matrimonial and other gender-related disputes, with particular reference to the discourse on male victimisation. It considers judicial precedent and statutory provision in order to evaluate whether the existing framework provides adequate safeguards against abuse of process while continuing to protect genuine victims, and it notes the social stigma faced by male complainants, the problem of under-reporting and the absence of specific remedies in certain situations. The paper does not question the necessity of laws enacted for the protection of women. It argues rather that the administration of justice must remain fair, impartial and evidence-based, and concludes that strengthening procedural safeguards, ensuring fair investigation and considering gender-neutral measures where appropriate would better uphold the constitutional principles of equality before the law and the equal protection of the laws under Article 14, while preserving the rights and dignity of all persons irrespective of gender.
Women protection laws in India have been enacted to secure the dignity, safety, and
equality of women in society. Over the years, statutory provisions addressing
domestic violence, dowry-related cruelty, sexual harassment, and other gender-based
offences have significantly strengthened legal remedies for women. With th...
Vyanjna Saini· Mindradix Journal of Multidi...· 0 citations
The discourse on domestic violence and gender-based cruelty has traditionally focused on women as victims, reflecting the historical prevalence of violence against women and the necessity of legal protections. However, the experience of men subjected to physical, emotional, psychological, economic and social abuse have...
Mamta Rani, J. Yadav· Adolescência e Saúde· 0 citations
: This paper examines judicial insensitivity in the adjudication of sexual offences in India and considers how patriarchal assumptions can contribute to secondary victimization within judicial proceedings. Using qualitative legal analysis, it examines statutory principles, judicial decisions, and institutional guidance...
Swapna Mourya· International Journal of Sci...· 0 citations
The recent paradigm shift in India’s criminal jurisprudence to the Bharatiya Nyaya Sanhita, 2023 marks a watershed moment in the history of human rights in India. However, it also brings to the fore the glaring lacuna created by the absence of gender-neutral laws on the crime of rape. This paper critically analyzes the...
Vishal Anand, Yogendra Verma· International Journal of Law...· 0 citations
Xenophobic violence poses a critical threat to the sanctity of human life. The legal and moral dimensions of xenophobia reflect both a failure of state protection and a breakdown of ethical responsibility within society. This work set out to determine to what extent xenophobic violence has undermined the legal concept...
Vivian P. Wuyep· Journal of International Law...· 0 citations
Sexual violence increasingly operates as a driver of displacement, yet its recognition as persecution under international refugee law remains doctrinally fragmented and institutionally inconsistent. This paper argues that the protection gap is structural rather than merely interpretive, arising from the gender-neutral...
Alisha Syali· International Journal of Law...· 0 citations
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