Misuse of domestic violence laws: A growing concern in marital disputes, says Supreme Court

New Delhi: The Supreme Court has expressed concerns that laws designed to protect women from domestic and dowry-related violence are being increasingly misused to threaten and coerce husbands, often to extract unfair benefits.

The bench headed by Justice B.V. Nagarathna also observed that there is a tendency among women to impose sections like cruelty, rape, unnatural sex, criminal restraint as a combined package to pressure the husband to accept their demands.

The Supreme Court's observation was made while ordering the divorce of a couple in Bhopal.

While the legal framework for protecting women from domestic violence seems essential, there is an increasing need for a balanced approach to reduce the misuse of such laws.

Often, the wife and her relatives accuse the husband and his in-laws of the above crimes such as rape, unnatural sex and cruelty as a combined package.

The Supreme Court, assessing this as a planned strategy, pointed out that this is why the accused are often denied bail. The court also pointed out that many trivial quarrels are turning into serious disputes among families.

Even globally, there are concerns about the misuse of such laws. For instance, a 2019 study in Australia found that false claims in domestic violence cases were not uncommon, with about 1 in 10 domestic violence claims being determined to be false after thorough investigation.