THE MOST MISUSED LAWS IN INDIA: EVEN CHATGPT KNOWS, BUT OUR JUDICIARY DOESN'T!
VINAYAK SAVANUR, CFP? , MBA (FIN), SEBI (RIA)
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India's legal framework is meant to protect, serve justice, and uphold democratic values. Yet, certain laws—though well-intended—are repeatedly misused. Ironically, even an AI like ChatGPT can list them, but our judiciary continues to tolerate their blatant misuse.
Everyone knows it’s misused. Courts know. Police know. Society knows. But no systemic reform yet!
1. Section 498A of IPC (Dowry Harassment Law)
Intent: Protect married women from dowry-related cruelty.
Reality:
Impact: Innocent families suffer mental, legal, and financial trauma.
2. SC/ST (Prevention of Atrocities) Act, 1989
Intent: Protect SC/ST communities from discrimination and violence.
Reality:
Impact: Misuse harms social harmony while diluting the seriousness of genuine cases.
3. POCSO Act, 2012
Intent: Protect minors from sexual abuse.
Reality:
Impact: Young lives and families destroyed by wrongful accusations.
4. Domestic Violence Act, 2005
Intent: Protect women from domestic abuse.
Reality:
Impact: Legal harassment of innocent parties while genuine cases get diluted.
5. National Security Act (NSA), 1980
Intent: Prevent threats to public order and national security.
Reality:
Impact: Undermines liberty and democratic freedoms.
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6. Unlawful Activities (Prevention) Act (UAPA), 1967
Intent: Combat terrorism and unlawful activities.
Reality:
Impact: Chokes free speech and dissent.
7. Anti-Conversion Laws (State-Specific)
Intent: Prevent forced religious conversions.
Reality:
Impact: Hinders personal freedom, polarizes society.
8. Defamation Laws (Section 499 & 500 IPC)
Intent: Protect reputation.
Reality:
Impact: Suppresses press freedom and public interest advocacy.
9. Sedition Law (Section 124A IPC)
Intent: Punish speech inciting rebellion against the state.
Reality:
Impact: Contradicts democratic values.
10. Preventive Detention Laws (e.g., Public Safety Act, J&K)
Intent: Prevent threats to public peace.
Reality:
Impact: Violates fundamental rights and due process.
Conclusion
Everyone knows it’s misused. Courts know. Police know. Society knows. But no systemic reform yet!
While these laws were enacted to protect citizens, unchecked misuse has turned them into tools of harassment and suppression. It's high time systemic reforms, judicial accountability, and political will are prioritized over mere lip service.
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1 周The frustrations highlighted are indeed pressing issues within India's legal framework that require urgent and thoughtful reform. While awareness is high across the board, the reluctance or inability to implement systemic changes undermines public trust in the judiciary. Balancing the protection of vulnerable groups and preventing misuse should be prioritized through comprehensive legal reforms and training for law enforcement. How can India incentivize comprehensive data collection and reporting to ensure transparency and aid reform?