ABSTRACT
The Supreme Court, in the case of Sushil Kumar Sharma v. Union of India & Ors. (2005) 6 SCC 281 (SC), used the term “legal terrorism.” It stated that it is proliferating. Legal terrorism referred to the misuse of Section 498A.Since all the clauses of section 498A are not adequately specified it is purposefully and cogently used to wrongfully implicate husbands. Being cognizable, non-bailable, and non- compoundable, its terms are largely being misused. In consequence of which the number of suicides among men is on the rise.
This research paper dwells through the reasons for a commission for men in India by touching upon issues like the misuse of Section 498A. It sheds light on the post-acquittal effects, primarily societal ostracization. The statistical data collected in this research is from the National Crime Records Bureau. The study also examines landmark judgments pertaining to Section 498A and related cases.
KEYWORDS
Section 498A, Legal Terrorism, Misuse of Dowry Laws, Domestic Violence Against Men, Men’s Commission in India.
INTRODUCTION
A drastic Majority are aware of the existence of section 498A. Although its awareness hasn’t reached every household it is now being misused by the considerable female populace. The provisions of this section involve that the act of the accused is cognizable, non-bailable and non-compoundable. These clauses are being extensively misused. This section is filed and regardless of the accused actually getting proved, he gets arrested since it counts as a cognizable offence. This situation might not be the same in all cases but it does exist in considerable cases which do raise a concern for the security of men. Here, it needs to be noted that the voice is not against the women community or their rights. But it is against the system which has failed to strengthen these laws and bridge its gaps and loopholes, failure of which has led to mass wrongful arrests and detentions. Several cases are reported wherein the husband is acquitted by the court but the very fact that he was detained for years and that now he has a stereotypical image built against him is concerning. Even though the husbands get acquitted from the case their image of an abuser continues to remain in the society which further creates hindrance for their survival in society.
Not only Is the husband impacted due to such cases but his family and relatives are also largely impacted. It gets difficult for the husband to get new jobs. Additionally, he also has to arrange for alimony to be given to his wife. He is already facing challenges in securing employment, and now he is also burdened with alimony payments. Such a situation leaves a man only with one option which we are seeing in a growing trend in the past few years. These facts on suicide rate have been gathered through the data that is published by National Crime Records Bureau of India. The data suggest that rate of suicide in India is sadly progressing. In 2018 it was 10.2%, 2019 it was 10.4%, 2020 it was 11.3%, 2021 it was 12.0% and in 2022 it was 12.4%. Moreover, an analysis of the data reveals that the suicide rate among men is higher than that of women. And it is not a mere difference but there is a staggering difference between both the rates. In 2015, 1,33,623 suicides were reported in Inida, of which 91,528 (68.5 %) were by men, 42,088 (31.5%) were by women. Of the 86,808 married people who committed suicide in 2015, 64,534 (74 %) were men. In 2022, 1,70,924 suicides were reported in India, of which 1,22,724 (71.8%) were by men, 48,172 (28.2%) were by women. The overall male: female ratio of suicide for the year 2015 was 68.5: 31.5 and for the year 2022 was 71.8: 28.2. As per the report family problems, marriage related issues, love affairs, alcoholic addiction, illness account for the major reasons for suicide in India.