When “justice for all” doesn’t mean all, can we truly call it justice?
In the labyrinth of India’s legal system, a troubling pattern emerges—one where protective laws designed with noble intentions have created unexpected vulnerabilities. While India has made impressive strides in establishing legal frameworks to shield women from abuse, a shadow side to this progress exists: men increasingly find themselves defenseless against weaponized false accusations.
The Constitutional Paradox
The Indian Constitution proudly guarantees equality before law (Article 14), prohibition of discrimination (Article 15), and protection of personal liberty (Article 21). These fundamental rights should, in theory, create a balanced legal landscape where gender plays no role in determining access to justice.
But theory and practice often live in separate worlds.
The reality on the ground tells a different story—one where gendered interpretation of these constitutional guarantees has created blind spots that leave men particularly vulnerable. Society’s stubborn expectation that men remain stoic, uncompromisingly strong, and silent in the face of injustice only compounds the problem. Many male victims stay hidden in plain sight, afraid that seeking help might trigger ridicule rather than relief.
Legal Vulnerabilities: When Protection Becomes a Weapon
Perhaps nowhere is this imbalance more evident than in the operation of Section 498A of the Indian Penal Code. Originally designed as a shield to protect women from cruelty at the hands of husbands and in-laws (particularly in dowry-related cases), this provision has inadvertently become a sword in some instances—one that can strike before questions are asked.
The section’s provision for automatic arrest without preliminary investigation creates a troubling scenario: a man and his family members can find themselves behind bars based solely on an accusation, with devastating consequences to reputation, livelihood, and psychological wellbeing—even before any evidence is evaluated.
The Supreme Court’s Recognition
In the landmark 2017 case of Rajesh Sharma v. State of UP, the Supreme Court acknowledged what many had long suspected—that Section 498A was being misused in some instances. The Court’s direction to establish Family Welfare Committees to vet complaints before arrests marked a significant moment of recognition that legal protections need guardrails to prevent misuse.
The BNS 2023: Evolution Without Balance?
The recently introduced Bharatiya Nyaya Sanhita (BNS) 2023—which continues many provisions of the IPC in a new form—carries forward both the protections and the problems of Section 498A through its Sections 85-86. While the intent to protect women from dowry harassment remains crucial, the continued lack of adequate safeguards against false accusations creates a concerning gap in legal protection.
Similarly, while the Sexual Harassment of Women at Workplace Act of 2013 established vital protections through mechanisms like Internal Complaints Committees, it left the question of false accusations largely unaddressed.
Legal Recourse: Too Little, Too Late?
What options exist for men wrongfully accused? The traditional routes—pursuing perjury charges under Section 191 or defamation under Section 499—often prove inadequate. These remedies typically come after significant damage has already occurred:
- Reputations shattered
- Careers derailed
- Families torn apart
- Financial resources depleted
- Psychological trauma entrenched
By the time a man clears his name through these avenues, the verdict of public opinion has often already been rendered and executed.
International Models Worth Considering
Other legal systems offer potential frameworks that could inform India’s approach. The United Kingdom’s Sexual Offences Act of 2003 includes specific penalties for false allegations. The United States prosecutes malicious false accusations under federal perjury laws. Perhaps most notably, Canada has developed compensation mechanisms specifically designed to address harm caused by false accusations.
These international approaches acknowledge a simple truth: protecting one gender should never come at the expense of endangering another.
The Path Forward: Balance, Not Bias
The question isn’t whether laws protecting women should exist—they absolutely must. Rather, the challenge is creating a system where such protections cannot be weaponized against innocent individuals.
The BNS 2023 takes steps in this direction with provisions for faster trials in perjury and defamation cases, as well as enhanced penalties for false allegations. These are promising developments, but they represent just the beginning of necessary reforms.
True progress would involve:
- Implementing preliminary investigation requirements before automatic arrests
- Creating specialized fast-track courts for cases involving accusations later proven false
- Establishing compensation mechanisms for victims of malicious prosecution
- Developing balanced workplace harassment policies that protect all genders
- Encouraging cultural shifts that allow male victims to speak without stigma
Beyond the Gender Binary
Justice, at its core, was never meant to be gendered. The legal system’s evolution must recognize that vulnerability transcends gender lines—that anyone can be a victim, anyone can be an aggressor, and everyone deserves equal protection under the law.
The cases of male victims like Rajesh Sharma and Atul Subhash aren’t just legal anecdotes; they’re powerful reminders that legal imbalance harms real people with real lives. As India continues its legal evolution through frameworks like the BNS 2023, the true measure of progress won’t be how strongly it protects one gender, but how fairly it protects all.
For legal assistance with false accusations cases, speak with an advocate specializing in men’s legal rights.