Author: Ravinandan Bajpai, School of Law, University of Mumbai
Abstract
Discussions on domestic violence often centre around women, leaving the struggles of male victims largely unrecognized. However, men also experience various forms of abuse, including physical, emotional, and financial harm within their households. This article delves into the issue of domestic violence against men, examining the current legal framework and emphasizing the urgent need for reform. It also explores the challenges male victims face in seeking justice and advocates for a gender-neutral approach to domestic violence laws to ensure equitable protection for all individuals.
Introduction
Domestic abuse against men is an issue that is rarely acknowledged, both legally and socially. While legal protections for women have significantly improved, men facing abuse still struggle to find adequate recourse. The stigma attached to male victims, coupled with the lack of dedicated legal provisions, leaves them vulnerable and without support. This article aims to shed light on the various forms of abuse suffered by men, the obstacles they face in seeking justice, and the reforms required to address this issue effectively.
Domestic Torture Against Men
Domestic abuse against men can take multiple forms, including physical violence, emotional manipulation, financial exploitation, verbal degradation, and legal harassment. Physical violence may involve direct assault by spouses or family members, while emotional abuse manifests in the form of threats, insults, or psychological manipulation. Financial abuse occurs when men are deliberately deprived of their financial independence or are coerced into handing over their earnings. In some cases, men also face legal abuse through false allegations related to dowry harassment, domestic violence, or sexual misconduct. The psychological impact of such abuse is severe, leading to issues like anxiety, depression, and even suicidal thoughts. However, due to prevailing societal biases, male victims often hesitate to seek help or report their abuse.
Societal Perception and Challenges Faced by Male Victims
One of the biggest challenges male victims’ faces is society’s reluctance to acknowledge their suffering. Traditional gender roles portray men as protectors and providers, making it difficult for many to accept that they can also be victims of domestic violence. This perception results in legal and social neglect, as most domestic violence laws are designed to protect women, leaving men with limited or no legal options. Furthermore, the stigma attached to male victimhood discourages many from speaking out. Fear of ridicule, lack of support systems, and hesitation from law enforcement agencies further discourage male victims from seeking justice.
Legal Frameworks Addressing Domestic Torture
India’s Existing Legal Provisions
In India, the legal system offers significant protection to women but lacks provisions specifically addressing domestic violence against men. The Protection of Women from Domestic Violence Act, 2005 (PWDVA), provides women with legal remedies such as protection orders, maintenance, and residence rights, whereas no equivalent law exists for men. Section 498A of the Indian Penal Code (IPC), introduced to prevent dowry-related harassment, is sometimes misused to file false cases against men, leading to unjust legal consequences. Although men can seek legal recourse against defamation under Sections 499 and 500 of the IPC or file complaints under Section 120B (criminal conspiracy) and Section 182 (false information to public servants), these provisions do not directly address the issue of domestic abuse against men. The absence of a gender-neutral law puts male victims at a significant disadvantage.
Comparison Between Rights Given to Women and Those Denied to Men
A stark contrast exists between the legal protections offered to women and the lack of safeguards available to men. Women are protected under laws like the PWDVA, which grants them protection from domestic violence, financial support, and legal aid. In contrast, men have no similar provisions. Women can access multiple helplines and government-backed support programs, whereas such mechanisms for men are virtually non-existent. While women have legal safeguards against false accusations, men lack specific protections against false claims made under laws such as Section 498A. Furthermore, women have rights to maintenance and alimony, whereas men rarely receive financial support, even in cases of abuse. The imbalance in legal protections underscores the need for a gender-neutral approach to domestic violence laws that ensures fairness for both men and women.
Real-Life Cases and Their Implications
One of the most notable cases highlighting the plight of men facing domestic abuse is that of the recent Atul Subhash case, a 34-year-old software engineer from Bengaluru, who died by suicide in December 2024. In his detailed suicide note and video, he accused his wife, Nikita Singhania, and her family of harassment, false accusations, and severe mental torture. Atul’s case triggered widespread debate over the misuse of laws meant to protect women, such as Section 498A IPC and the PWDVA, 2005. His tragic death led to discussions on the need for reforms to prevent legal misuse and provide equal protection for male victims. A Public Interest Litigation (PIL) has been filed in the Supreme Court, seeking the formation of an expert committee to suggest amendments to these laws. Despite the gravity of the case, the Supreme Court allowed Atul’s wife to retain custody of their child, dismissing a plea by the child’s paternal grandmother. This case underscores the urgent need to adopt a more balanced and gender-neutral legal approach to domestic violence laws in India.
Need for Legal Reforms
To ensure justice for all victims, it is crucial to introduce gender-neutral domestic violence laws that acknowledge and protect male victims as well. Setting up dedicated helplines and support groups for men can offer them legal and psychological assistance. Additionally, strict legal action should be taken against individuals who misuse existing laws to file false accusations. Awareness campaigns and educational programs should be implemented to inform society about the reality of domestic violence against men and encourage victims to report their abuse without fear of stigma or discrimination.
Conclusion
Domestic torture against men is a pressing issue that requires both legal and social attention. While significant progress has been made in recognizing women’s rights, a truly just legal system must ensure that all victims, regardless of gender, receive equal protection. Although, there are various safeguards available but all of them mostly are favouring the female or are gender neutral, there are very few provisions which directly address about the men’s problems in any wedlock or familial setup need for legal reforms, so there is an urgent need for increased societal awareness, and better support systems to address domestic violence against men effectively. Recognizing and addressing this issue is not just about protecting male victims but about ensuring fairness and justice for all individuals facing domestic abuse.
FAQS
Is there any law in India specifically addressing domestic violence against men?
No, Indian laws such as the Protection of Women from Domestic Violence Act, 2005, are focused on protecting women. There are no dedicated legal provisions for male victims of domestic violence.
Can men file complaints against domestic abuse?
While there is no specific law for male victims, men can seek legal remedies under general provisions such as Section 498A (in cases of false accusations), defamation laws, and divorce laws citing cruelty.
What forms of abuse do men face in domestic settings?
Men can experience physical violence, emotional and psychological abuse, economic control, and legal harassment through false allegations.
Why is domestic violence against men not widely recognized?
Societal norms and gender stereotypes contribute to the neglect of male victims. There is also a lack of statistical data and legal recognition, making the issue less visible.
What reforms are needed to address this issue?
Gender-neutral domestic violence laws, stronger protections against false accusations, increased awareness campaigns, and the establishment of dedicated support systems for male victims.
