ABSTRACT
The laws which had been formed in a more gender – specific format in India has been framed in a manner to cater exploitation, violence, and discrimination against the women in the society[1]. In today’s contemporary discourse the society is witnessing the misuse of the said laws which were formulated for the protection of the women in the society. These false accusations just not only shake the credibility of the genuine victims but also severely impacts the fundamental rights of the accused, especially men. This Article critically examines that how the false accusations tarnish the men’s rights in the society with special reference to the Article 21 of the Constitution of India including the dignity, liberty and reputation of the men in the society. If we see the interpersonal approach, few individuals in the society misuse their rights to propagate false accusation and allegation on the men via rumor’s to tarnish and to detoriate the image of the men in the society due to which the men in the society also used to bear loss of their jobs and suffer the legal consequences of the act they did not committed. These acts in the resent times are frequent in the society which are creating a questionable remark on the laws being provided by the legislature as there is no consequences for these false accusations on the male counterpart in the society. The study examines that how false accusations violate the fundamental rights, including the right to life and a fair trial which leads to severe psychological trauma.
KEY WORDS – FALSE ALLEGATIONS, MISUSE OF LAW, FUNDAMENTAL RIGHTS VIOLATION, DEFAMATION, MENTAL HARASSMENT
INTRODUCTION
In these few decades, India is witnessing a progressive structure of strengthening of the laws aimed at protecting women’s rights in the Indian society such as in the area of Domestic Violence, dowry, harassment, and work safety[2]. As these laws are having a vital role in the society for the safeguard of the women, these laws in recent times are being misused by the women in several aspects either we talk about the Domestic violence Act, Posh Act or other law made for the protection of the women. Such type of misuse of the laws poses a serious threat to the principle of justice, fairness and equity which is there in the Indian Constitution.
These false allegations and accusation also cause a disruption in the matrimonial relations of the couple which causes disputes and lots of stress in the relationship which can lead to a divorce like situation which finishes a healthy family tree. The accused, frequently men are facing an immediate legal action which is including the arrest of the person, the tarnishing of the image of the person in the society which creates a social stigma and psychological distress in the person’s mind which can cause a permanent trauma in the life of the person even before the allegations are proved in the court of law.
[1]Article 14, 15(3), 21 of the Constitution of India,
[2] Protection of women from domestic violence Act No. 43 of 2005