A Critical Study on Misuse of Women Protection Law in India

Abstract

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 the enactment of the Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code, the legal framework governing offences against women has undergone structural reform while retaining strong penal provisions to combat cruelty, harassment, and violence. While these laws are essential for protecting vulnerable individuals, concerns have emerged regarding their alleged misuse in certain cases. This research paper critically examines the concept and extent of misuse of women protection laws within the contemporary legal framework, particularly under the Bharatiya Nyaya Sanhita, 2023. It evaluates judicial observations, reported case trends, and socio-legal debates to determine whether misuse is systemic or limited to isolated instances. The study also explores the consequences of false or exaggerated complaints on accused persons and their families, including reputational harm, prolonged litigation, and emotional distress, while simultaneously acknowledging the persistent reality of gender-based violence in India. Adopting a balanced and analytical approach, the paper argues that addressing misuse should not dilute the protective intent of women-centric legislation. Instead, procedural safeguards, fair investigation practices, and judicial scrutiny must be strengthened to ensure justice for genuine victims while preventing abuse of legal provisions. The study ultimately emphasizes harmonizing women’s protection with constitutional principles of fairness and due process.