Documentary

“Broken Vows: The Tragic Consequences of Section 498A Misuse on Indian Men”

Marriage is supposed to be a union of two individuals who love and support each other through thick and thin. However, for some, marriage can become a living nightmare due to the misuse of laws meant to protect either of the partner in the marriage. The documentary “Martyrs of Marriage” shines a light on the injustices perpetrated by the misuse of Section 498A, a law meant to protect married women from cruelty and harassment by their husbands and in-laws.

Heart of the ‘Matrimonial’ Matter

The film, directed by Deepika Narayan Bhardwaj, delves into the problem using first-person accounts of those who have suffered. It highlights how men can also be victims in a marriage and how the misuse of Section 498A can ruin their lives. The film was born out of the director’s personal experience with the misuse of the law and the aim of spreading awareness about the issue.

Struggles Behind-The-Scenes

Making the film was not easy. Many feared frivolous litigation and there was a trust gap that took time to bridge. From a storytelling point of view, the director faced the challenge of selecting case studies, as people whose cases resulted in acquittals had adjusted to the pain and those still going through harassment couldn’t speak due to legal complications.

Human Rights or ‘Woman’s Right’?

Women’s rights activists argue that the number of men persecuted by abuse of women-friendly laws is minuscule compared to the large number of women who face violence and attacks by men. Bhardwaj’s take on this is that it doesn’t have to be men vs women war. It’s about justice and equality, irrespective of gender. The irony is that the same women’s rights activists, who call themselves feminists and stand for gender equality, dismiss the conversation about men’s victimization citing numbers.

No Relief for the Real Victims

What is a way to bring about more equality in law without making it unpleasant and frictional for both sides? Bhardwaj suggests that the government should constitute an unbiased authority to look into the efficacy of the laws being used as weapons today and explore if misuse is greater than use. A female family court judge even suggested that Section 498A should be scrapped, but she can’t say it publicly due to the backlash she would face.

When Facts and Figures Failed Us

Lastly, the documentary gives us some pretty grave figures of 2,25,648 arrests under 498A in 2014, before releasing in 2016. Seeing the statistics from the past two decades might make us wonder that there ought to be some progress about this issue. Fast forward almost a decade later, here is the data reflecting some recent ‘developments’ since then:

  • As of now, 498A is still a cognizable, non-bailable and non-compoundable offence.

1,36,234 Accused vs 838 Convicts – What about the other 1,35,396 people – only in 2021?

Minting the ‘Dowry’ Money

Also, what does all this mean for the country’s public and the Judicial system on a larger basis? Simple mathematics reveals that in 2021, the number of cases registered under 498A were 162 times the number of convicts, grossly hindering the efficacy of the Indian Legal System and actively harming itself, in terms of unjust capitalization of the law by the fake victims and their lawyers, along with other corrupt public officials.

Wouldn’t proactiveness be the best remedy for the Judicial System itself, let alone the public?

Accounting for the Actual ‘Abuse’

The scope of this issue increases exponentially when we consider the physical, verbal, economical, sexual, mental, emotional, and financial abuse that men face due to the scrutiny of alleged harassment. The horror the falsely accused face then becomes unimaginable when we consider a host of laws with similar discrepancies, which have little to no provision against fake accusations or for abuse of other genders, like:

That is more than 30 laws in the Indian Constitution.

Should we arrive at a ‘Quick Conclusion’?

The misuse of Section 498A, is a severe issue that needs to be addressed. The film “Martyrs of Marriage” brings to light the injustices faced by men and women due to the abuse of the law. It’s time for the government to take action and ensure that laws meant to protect individuals are not used as weapons for extortion and revenge. Misuse of Section 498A should be punished stringently, and victims of domestic violence, irrespective of gender, should have recourse for protection under the law.

Go watch the documentary “Martyrs of Marriage” by Deepika Narayan Bhardwaj at: https://youtu.be/vKRAkw5RUdw

Explore her latest “India’s Sons – Tales of False Rape Case Survivors” at: https://www.indiassons.com/

Get involved with her noble pursuit at: https://www.instagram.com/deepikanarayanbhardwaj/

Written by: Hemant Sharma (BJMC-1, The Maharaja Sayajirao University of Baroda)