Allahabad High Court Dismisses PIL Seeking Legal Protection for Husbands Against Alleged Harassment by Wives
By Rajesh Pandey
In a recent ruling, the Allahabad High Court has dismissed a Public Interest Litigation (PIL) seeking directions for the enactment of a law aimed at protecting husbands from alleged illegal persecution and harassment by estranged wives.
The PIL had been filed by Chandrama Vishvakarma, who contended that the existing legal framework in India disproportionately favors women, thereby enabling some women to allegedly harass and falsely implicate their husbands and families.
The PIL submitted to the court included references to several media reports highlighting instances of men facing harassment, asserting that a dedicated law to prevent persecution of husbands was urgently needed.
The petitioner argued that current provisions, particularly in matters relating to dowry harassment, rape allegations, and divorce, often work to the disadvantage of men, leaving them vulnerable to misuse of legal processes.
Court Observations and Verdict
A division bench of the Allahabad High Court, comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra, examined the petition.
The court observed that: A perusal of the petition indicates that except for reference to certain news-items, wholly cursory averments have been made in the petition seeking the relief, as indicated.”
The bench further stated: No case is made out in the petition for entertaining the same as public interest litigation.”
The court’s decision, dated September 24, effectively dismissed the PIL, emphasizing that the petitioner had failed to substantiate the claims with sufficient evidence or legal basis to warrant intervention in the form of new legislation through a public interest route.
Allegations Raised in the PIL
The petitioner, Chandrama Vishvakarma, alleged that:
- Many wives are increasingly harassing their husbands and falsely implicating them and their family members in legal cases.
- Existing laws heavily favor women, making it difficult for men to seek redressal.
- Over 90% of dowry harassment cases are allegedly false, causing undue harassment to husbands and their families.
- Cases of false rape allegations are reportedly on the rise, further compounding men’s legal vulnerabilities.
- Divorce procedures under current legislation are complex and disadvantageous to men seeking relief.
The petitioner stated that he had previously approached multiple high-level authorities, including the Prime Minister, Union Home Minister, Lok Sabha Speaker, Rajya Sabha Chairman, Governor of Uttar Pradesh, and the Chief Minister of Uttar Pradesh, but no action had been taken.
As a last resort, he filed the PIL before the Allahabad High Court seeking justice.
Significance of the Verdict
The court’s dismissal underscores that allegations of misuse of laws, even if widespread, cannot alone justify the enactment of new legislation through public interest litigation without substantive evidence or detailed legal argumentation.
While the petitioner highlighted perceived gender biases in certain legal provisions, the bench reaffirmed that mere references to media reports or generalized claims do not constitute sufficient grounds for judicial intervention in the legislative domain.
The ruling clarifies that reform of existing laws must follow proper legislative procedures, rather than being pursued through the court as a matter of public interest.
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