Domestic violence laws were enacted with a vital purpose protecting individuals from abuse within the sanctity of their homes. For decades, survivors most often women suffered in silence, denied safety, justice, and dignity. The enactment of the Protection of Women from Domestic Violence Act, 2005, alongside provisions like Section 498A of the Indian Penal Code (214IPC) (now Bharti Nayay Sanhita), marked a transformative moment in India’s legal and social landscape. These laws were not just legislative milestones; they became lifelines offering protection, empowerment, and accountability.
Even today, these protections remain crucial in a society where gender-based violence and deep-rooted inequalities persist. They have enabled survivors to seek redress and prevented further harm in countless cases. However, as with any legal framework, the real challenge lies not in the law’s intent but in its implementation.
In recent years, a parallel concern has emerged: the misuse of these very laws in personal disputes or for malicious purposes. While empirical studies suggest that misuse is not widespread, its consequences, when it does occur, are serious. False or exaggerated allegations can irreparably damage the lives of the accused, ensnaring entire families in long-drawn legal and emotional battles. Reputations are tarnished, financial and psychological burdens increase, and years are lost in distress.
According to National Crime Records Bureau (NCRB) data for 2022, 1, 38,852 cases were registered under Section 498A IPC. Charge sheets were filed in 94% of these cases. However, the conviction rate stood at only 14.2%, while the acquittal rate was 85%. A low conviction rate is often cited as an indicator of misuse. Yet legal experts caution that low conviction does not necessarily imply false cases it may result from poor investigation, lack of evidence, or hostile witnesses.
Perhaps more troubling is the damage that misuse causes to the credibility of genuine survivors. It erodes public trust and casts doubt on those who truly need protection ultimately weakening the very cause these laws were designed to uphold.
Public discourse in such cases is often reactive and emotionally polarized. A man falsely accused may face social ostracism long before a court verdict. Conversely, when guilt is proven, the outrage is intense and justified. Yet both responses, driven more by sentiment than evidence, undermine justice rather than serve it.
Meanwhile, countless women still face immense barriers in reporting abuse fear of retaliation, social stigma, lack of support systems, and institutional apathy. In some cases, perpetrators exploit systemic loopholes and gender biases to escape accountability. These realities point not to a need to weaken protections but to strengthen and refine them.
The Law Commission of India, in its 243rd Report (2012), noted that, “It is wrong to assume that every complaint under Section 498A is false or exaggerated.”It recommended safeguards such as counseling and mediation prior to arrest in select cases without diluting the law’s protective intent.
Currently the approach of judiciary is also changing because of some false cases. Supreme Court, in the landmark case Rajesh Chaddha v. State of UP (May 13, 2025), observed “Section 498A has become a tool of harassment in some cases, where vague and omnibus allegations are made without specific instances or evidence. Courts must exercise caution in allowing such trials to proceed.”
Such remarks underscore the need for judicious scrutiny, not blanket assumptions.
The solution lies not in choosing sides, but in reinforcing fairness. Legal and social systems must evolve to support all victims regardless of gender while protecting the rights of the accused until guilt is proven. Justice must be pursued through a gender neutral lens, recognizing that truth and harm are not confined to one gender..
True empowerment requires more than legal solutions. It calls for cultural transformation through education, awareness, and early intervention. By fostering a society rooted in empathy, accountability, and restraint, we can prevent both abuse and misuse before they reach the courtroom.
Ultimately, we must reject both violence and vindictiveness. Each, in its own way, undermines justice. Domestic violence laws are not mere tools for punishment; they are instruments to restore trust, safety, and balance in families and society. When rightly used, they uphold justice. When misused, they threaten the very fabric they were meant to protect.
The writer is Social Development professional. Currently working as Member, Child Welfare Committee, Baramulla. Email: nabi.nazia@gmail.com
