Are we truly protecting families, or are we dismantling them in the name of justice? If the government and legal system fail to act, India may soon see a complete collapse of its traditional family structure, with marriage becoming an obsolete institution.

The survival of Indian families is at risk amidst one-sided gender-biased laws, which may ultimately lead to their dismantling in the name of justice. Disputes and disagreements are common in human relationships, and Indian families disputes are no exception. No family is perfect, and disagreements naturally arise. In a healthy society, such conflicts are resolved through dialogue, mutual understanding, and, when necessary, legal intervention.

However, when legal frameworks disproportionately criminalize these disputes and apply biased judgments, they threaten the very fabric of relationships. In India, laws related to domestic violence, dowry harassment, and divorce have been criticized for being excessively one-sided in favor of women, often placing men and their families in distress.

This growing legal bias in favor of women, coupled with the criminalization of domestic disputes, is having a profound impact on family dynamics. Many families find themselves fighting legal battles that stretch over years, draining them financially, emotionally, and mentally.

“The time for change is now. Legal reforms must be introduced, and society must demand justice not just for women, but for families as a whole.“, Kumar S Ratan, founder MHO

This article delves into the legal framework that disproportionately favors women, the consequences of these laws on families, and how families can adapt to survive in such an environment.

Biased Law – The law, instead of protecting families, is tearing them apart:

Over the years, several laws have been introduced in India considering the women’s rights. However, the provisions of law and its implementation has resulted in widespread misuse, leaving families devastated.

Laws such as Section 498A of the Indian Penal Code or BNS Section 85 presume the accused guilty until proven innocent, often leading to the arrest of the husband, in-laws and even distant relatives. The Domestic Violence Act (PWDVA), 2005 law provides financial compensation, residence rights and protection orders to women and courts often grant relief to women without sufficient evidence. Similarly women are granted maintenance and alimony under Section 125 CrPC without considering the husband’s income and obligations.

These laws operate under the assumption that men are perpetrators, placing the burden of proof entirely on them. Even when falsely accused men are acquitted, Indian courts often use the term “lack of evidence” instead of declaring them innocent, implying that a crime may have happened, but the woman failed to prove it. This deep-rooted bias is not just in the law but also within the judiciary and lawmakers.

According to a study by the Centre for Social Research (CSR), nearly 80% of dowry harassment cases filed under Section 498A IPC turn out to be false or exaggerated. The Supreme Court of India has termed this misuse as “legal terrorism”, acknowledging the rising number of false cases that destroy families.

Impact on Family Dynamics of such Bias

Criminalisation of family disputes has led to a major change in the Indian family structure. Married men are living in fear, as even a small argument can lead to police intervention and legal troubles and women realise that they have legal power. Women often use these laws to control their spouses or end the marriage on their terms. Such imbalances have shaken the very framework of family.

This has affected the joint family system, other family members do not want to get into unnecessary trouble because of a family member’s bad marriage. This has even affected the lives of children as they are forced to live separately from their fathers due to the dispute.

The Biased Approach in Legal System

• Presumption of guilt: Most of these laws assume that men are the aggressors and women are the victims.
• No consequences for false allegations: Women who misuse these laws often face no legal repercussions.
• Criminalization of Dispute: In cases like 498A or sec 85 of BNS, men and their families can be arrested without investigation.

However, National Institute of Mental Health and Neurosciences (NIMHANS) studies show that fatherless parenting leads to increased emotional distress and behavioral problems in children. The National Crime Records Bureau (NCRB) data (2022) shows that more than 32% of male suicides in India are linked to marital disputes and false accusations.

Survival of Indian Family

To protect families from being torn apart, there is an urgent need to implement fair legal reforms and adopt precautionary measures:

• Pre-Nuptial Agreements: Clearly define the roles and responsibilities of spouses in case of divorce or marital dispute.
• Electronic Evidence: Keep recordings of conversations and messages to serve as proof in case of false accusations.
• Dissolution of IPC 498A / Sec 85 of Bharatiya Nyaya Sanhita (BNS): Implement a no-arrest policy and remove the criminalization of family disputes.
• Gender-Neutral Domestic Violence Laws: Ensure both men and women are protected without bias.
• Strict Action Against False Accusations: Introduce equal punishment for those who file false cases.

The Way Forward: A Call for Balance

The criminalization of family disputes and legal bias against men are destroying the very foundation of Indian families using the laws protecting women became a tool for harassment. It is imperative that India moves towards a balanced, gender-neutral approach where both men and women are protected from abuse, false accusations, and legal exploitation.

It is imperative that India moves towards a balanced, gender-neutral approach, where both men and women are protected from abuse, false accusations, and legal exploitation. A legal system that prioritizes mediation over punishment, imposes strict penalties for false cases, and recognizes the importance of family unity is the need of the hour.

Until such legal reforms are introduced, Indian families must equip themselves with legal awareness, strengthen their internal bonds, and support advocacy efforts for a fair legal system. Only then can we ensure the survival of families and the institution of marriage in India.