Author: Supriya, KIIT University, Bhubaneswar
INTRODUCTION
Gender equality is a foundational principle in modern democratic societies, with legal frameworks established worldwide to promote the equitable treatment of all genders. Historically, the gender equality movement has focused predominantly on addressing the systemic disadvantages faced by women due to patriarchal norms and structures. In India, a country deeply entrenched in traditional values and complex social hierarchies, the struggle for gender equality has long been a pressing issue. However, a lesser-known aspect of this discourse is the growing concern for men’s right within the gender equality framework. Men’s right activists argue that certain laws, societal expectations, and gender norms unfairly target or overlook men’s challenges, particularly in areas like family law, domestic abuse, and workplace dynamics. This paper explores the intersection of men’s right and gender equality in India, delving into the legal, social, and cultural dimensions of the issue.
Gender Equality in India: A Historical context
Women’s right movement and Legal reforms
India’s history of gender inequality stems from deeply rooted patriarchal structures that subjugated women in nearly every aspect of life, from the domestic sphere to the workplace. Since India’s Independence in 1947, numerous legislative measures have been taken to address these inequalities, including reforms in personal law, labour law and constitutional protections against gender-based discrimination.
Key legislation, such as The Dowry Prohibition Act (1961), Protection of Women from Domestic Violence Act (2005), and The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (2013), has aimed to protect women from violence and exploitation. Additionally, the Indian Constitution guarantees gender equality under Article 14, which promises equality before the law and Article 15, which prohibits discrimination on the grounds of sex. While these laws have undoubtedly empowered women and contributed to progress in gender equality, there has also been growing concern that thses legislative tools are not always applied equitably, particularly in cases involving men.
Persistent gender inequalities for women
Despite the extensive legal framework in place, Indian women continue to face numerous challenges, particularly in rural areas and among marginalized communities. Issues such as lower literacy rates, reduced access to healthcare, gender-based violence and limited economic opportunities remain prevalent. The traditional expectation of women’s roles as caregivers often limits their participation in public life, while patriarchal structures continue to reinforce gender norms that disadvantage women in both professional and domestic setting.
However, alongside these struggles for women’s rights, there is an emerging debate on men’s rights and the need for a more gender-neutral approach to addressing inequality.
The Emergence of the men’s right movement
The Legal context: Perceived bias in Family and Criminal law
In recent years, there has been growing advocacy for men’s right in India, with proponents arguing that certain laws intended to protect women have been misused or are inherently biased against men. The most commonly cited laws in this context include:
- Section 498A of the Indian Penal Code (IPC): This law, enacted to prevent cruelty to women by their husband or in-laws, was intended to combat the widespread issue of dowry harassment. However, critics argue that the law has been misused in many cases to file false accusations of dowry harassment, leading to unwarranted arrests and legal harassment of men and their families.
- The Domestic Violence Act (2005): While this act provides crucial protections for women facing abuse, it only recognizes women as victims and does not account for instance where men may be subjected to domestic violence. Men’s right activists argue that this creates an unequal system in which men have little legal recourse if they are victims of abuse.
- Child Custody and Divorce laws: Family law in India tends to favour women, especially in cases of divorce and child custody. Men’s right groups argue that fathers are often denied custody or even visitation rights with their children, while being required to pay significant amounts in alimony and maintenance, sometimes without sufficient consideration of their financial situation.
Misuse of legal provisions and false accusations
One of the core grievances of men’s rights groups is the perceived misuse of laws meant to protect women. Section 498A IPC, which criminalizes harassment, is one of the most controversial. The Supreme Court of India has acknowledged instance of misuse of this law, noting that it has sometimes been used as a tool for blackmail in matrimonial disputes. The legal process itself can be punitive for the accused, even if they are ultimately acquitted, as the sigma and financial burden of legal battles can be devastating.
Similarly, there are concerns that false accusations of sexual harassment and domestic violence can be levied against men as a form of retaliation in personal disputes. While such cases are not necessarily the norm, men’s right advocates argue that the lack of a gender-neutral legal framework leaves men vulnerable to exploitation.
Societal expectations and the burden of masculinity
Traditional gender roles and expectations
In addition to the legal challenges faced by men, societal expectations and gender norms place significant pressure on men to conform to traditional ideas of masculinity. Indian men are expected to be the primary breadwinners, protectors and figures of authority within their families. This pressure can manifest in various forms, including emotional and psychological stress, particularly in cases where men are unable to meet these expectations due to unemployment, illness or other factors.
The social stigma surrounding mental health and emotional vulnerability further exacerbates the challenges faced by men. Men are less likely than women to seek help for mental health issues due to societal norms that discourage expressions of vulnerability in men. Consequently, men may experience higher rates of stress, depression and even suicide. According to the National Crime Report Bureau (NCRB), a significant proportion of suicide in India are committed by men, with many of these cases linked to family disputes and financial stress.
Parental alienation and child custody
One of the most emotionally charged issues for men’s rights advocates is the issue of parental alienation and child custody. In divorce cases, custody of children is typically awarded to the mother, with fathers often relegated to limited visitation rights. Men’s right groups argue that this not only deprives fathers of their parental rights but also deprives children of the opportunity to have meaningful relationships with both parents.
In some cases, men’s rights activists claim that mother may actively attempt to alienate the child from the father, a practice known as parental alienation. This issue is exacerbated by a legal system that they argue is biased against fathers, making it difficult for men to gain custody or even fair visitation rights.
Men are victims too
Men, too are victims of harassment and sexual assault, a fact often overlooked due to societal stereotype and legal systems primarily focused on female victims. According to a poll conducted in seven Indian cities, 19% of men reported experiencing sexual harassment at work, with rates as high as 51% in Bangalore. Many men don’t report these incidents due to fear of social stigma and not being believed. Despite these realities, India’s legal system lacks adequate protections for male victims, with feminist viewpoints often dominating the discourse. This imbalance needs to be addressed to ensure justice for all victims, regardless of gender.
Harassment at work place
The sexual harassment laws in India, like the Sexual harassment of women at workplace Act, 2013 and Vishaka guidelines, are designed to protect women, leaving men with little recourse when they face harassment at work. Society tends to dismiss male harassment, and many men fear reporting incidents due to stigma, mockery, or disbelief. Cultural expectations, like the “mard” image of men, discourage them from speaking out. However, awareness is slowly growing. Campaigns like #MeToo and #TimesUp have encouraged men to share their stories, leading to an 18% increase in male harassment claims. Breaking the silence is crucial for emotional and mental healing.
Case laws on cruelty against husband
In India, several landmark cases have established grounds for cruelty against husbands, illustrating various forms of mistreatment:
- Satya v. Siri Ram AIR 1983 P&H 252: The court found cruelty when a wife terminate her pregnancy twice without her husband’s consent, leading to his mental distress. This case highlighted that opposition to a husband’s reasonable desire for children can constitute cruelty.
- Mrs. Kalpana Srivastava v. Surendra Nath Srivastava AIR 1985 ALL 253: The appellant was found guilty of cruelty for refusing to serve tea to her husband and his companion, humiliating him in front of others. Her decision to leave for college and file a dowry prohibition lawsuit further contributed to the court’s ruling of cruelty.
- Narendra v. K. Meena AIR 2016 SC 4599: The court considered the wife’s action- forcing her husband to live separately, mismanaging, finances, falsely accusing him of an affair and attempting suicide-cruel. These actions were deemed to cause significant emotional and psychological harm.
- Prem Chandra Pandey v. Smt. Savitri Pandey AIR 2002 SC 591: The wife’s false allegations of her husband being married to another woman and demands for dowry were deemed cruel. The court ruled that making baseless accusations constituted cruel behaviour.
- Anil Bhardwaj v. Nirmlesh Bhardwaj AIR 1987 DELHI 111: The court ruled that the wife’s refusal to engage in physical relations without justification was cruel. Despite the husband’s efforts to maintain the relationship, her actions were seen as harsh.
- Pankaj Mahajan v. Dimple @Kajal AIR 2011 SC 17: The Supreme Court decided that constant pressure on a husband to separate from his family was cruel, as maintaining family ties is a pious duty in Indian society.
These cases collectively demonstrate that cruelty can manifest in various forms, including psychological abuse, false accusations, and unreasonable demands and highlight the legal recognition of these issues within Indian law.
The call for gander-neutral laws
Argument for reform
Men’s right activists in India have increasingly called for gender-neutral laws, particularly in areas such as domestic violence, sexual harassment and family law. They argue that laws should be based on the principle of protecting individuals from harm, regardless of their gender. Gender-neutral laws would recognize that men too, can be victims of abuse and violence and would provide them with legal protection and recourse they need.
The demand for gender-neutral laws is not about diminishing the rights of women but about ensuring that all individuals, regardless of gender are provides from exploitation and harm. Proponents argue that this would create a more balanced and fair legal system, one that addresses the needs and challenges of both men and women.
Criticisms and opposition
The push for gender-neutral laws, however, has faced significant opposition from some women’s right activists and organizations, who argue that the existing legal protections for women are necessary to combat the systemic disadvantages and violence faced by women in India. Critics argue that gender-neutral laws could dilute the protections that women currently enjoy and could lead to a situation where genuine cases of abuse are harder to prove.
There is also concern that focusing on men’s right may detract from the ongoing struggle for women’s rights, particularly in a country like India where patriarchal norms are still deeply entrenched. Some feminists argue that while men do face challenges, these challenges stem from the same patriarchal system that oppresses women and that the solution lies in dismantling these structures rather than creating gender-neutral laws.
Conclusion: Towards a balanced approach
Achieving true gender equality in India requires a nuanced understanding of the challenges faced by both men and women. While the women’s right movement has made significant strides in addressing the systemic disadvantages faced by women, it is important to acknowledge that men. too face unique challenges, particularly in the legal system and in societal expectations of masculinity. The men’s right movement has highlighted important issues, such as the misuse of legal provisions, the need for gender-neutral laws and the psychological and emotional toll of traditional gender roles.
However, the solution to those challenges lies not in pitting men’s right against women’s right, but in developing a more inclusive and balanced approach to gender quality. This includes creating legal frameworks that protect all individuals from harm, addressing the social and cultural norms that perpetuate inequality and ensuring that both men and women are able to pursue lives free from discrimination and exploitation.
FAQ on men’s right and legal equality in India
- Do men have protection against domestic violence in India?
- Currently, The Protection of women from Domestic Violence Act, 2005 primarily protects women. Men do not have an equivalent law for protection against domestic violence, but they can file counter-complaints under IPC provisions such as defamation or for malicious prosecution.
- What legal recourse do men have if falsely accused of dowry harassment?
- Men falsely accused of dowry harassment under section 498A of the IPC can file a case defamation, malicious prosecution or approach the court quashing the FIR under section 482 of the CrPC. The Supreme Court has also issued guidelines to prevent misuse of section 498A.
- Do men have any rights in a divorce case related to maintenance and alimony?
- Yes, under section 25 of the Hindu Marriage Act, 1955, both men and women can seek maintenance or alimony. Court may order women to pay alimony if the husband can demonstrate financial need and disparity in income.
- Can a father custody of his children after divorce?
- Indian law generally favours mother for child custody, particularly for children under the age of 5. However, under the Hindu Minority and Guardianship Act, 1956 and Guardians and Wards Act, 1890, father can seek custody if they can prove the mother is unfit or if the child’s welfare is better served with the father.
