Author: Devayani Shukla, Symbiosis Law School, Hyderabad
Abstract
Domestic Violence as a stigma is often associated with women, and the idea that men can ever be abused either physically or otherwise is often dispensed with. The notion of men being abused has been looked down upon and given very little gravity. It is high time that society recognizes the sensitivity of the issue and that the laws are made Gender neutral. It is urgent to rectify the law’s lack of gender neutrality, even while the current legal framework acknowledges the significance of preventing domestic abuse. In order to guarantee that all victims, regardless of gender, receive equal protection and assistance, this article advocates for gender-neutral legislation. It promotes educational initiatives, awareness-raising efforts, and assistance plans specifically designed to meet the needs of male victims.
Introduction
Men have always been held responsible for domestic violence, while women have long been the subject of discussions about it. The legal system is no longer seen as a tool for protecting parties. These rules are seen as instruments for retaliation, torturing, and mistreating the other party in the competitive atmosphere of today, which is full of negative attitudes and feelings. However, due to shifts in the socioeconomic growth of our society, domestic violence is no longer restricted to women.
There are no laws protecting men from domestic abuse, despite the fact that it is hard to believe that men may become victims. Furthermore, a lot of domestic violence takes place behind closed doors, making it very difficult to identify when someone is being mistreated. This is especially true for male victims, who are less likely than female victims to report such incidents. Given the facts, there are a lot of males who commit themselves as a result of domestic abuse or maintenance disputes, but no legislation of this kind has been passed.
What is Domestic Violence?
Spousal abuse, family violence, intimate relationship violence, domestic violence, and intimate partner abuse are some of the terms used to describe domestic violence, in which the victim is the one who is harmed and the perpetrator, aggressor, or accused in legalese. The term “domestic violence” has multiple definitions, some of which may allude to other violent relationship types, such mistreatment of children or the elderly. Nonetheless, term is most frequently used to characterise violence in intimate relationships, where one partner employs aggressive, abusive, or threatening behaviour to intimidate and establish control over the other.
Intimate partner abuse can also involve women abusing men, even though male perpetrators of domestic violence outweigh female perpetrators and domestic violence usually involves males abusing women. A recent survey in India found that over half of men have been victims of physical or psychological domestic violence at the hands of their spouse or partner. Still, few people are aware of this hidden aspect of domestic abuse.
Legal Provisions
The Protection of Women from Domestic Violence Act, 2005 – On October 26, 2006, the Ministry of Women and Child Development and the Indian government passed this Act. It was created to protect women from male family members and to protect them from domestic abuse. It includes not only married women but also women who live together, as well as their mothers, grandmothers, and other relatives.
The Dowry Prohibition Act, 1961 – According to this Act, dowry is any valuable security or property that is provided or agreed to be delivered in connection with a marriage. Giving, receiving, or facilitating the giving or getting of dowry is punishable under Section 3.
Section 498A of the Indian Penal Code – If a woman is harshly treated by her husband or any of his family members, this Act punishes them. According to the Act, cruelty is any deliberate behaviour that puts a woman’s life in jeopardy, causes serious injury, or encourages her to commit suicide.
Gender- Biased Laws
The current laws exclusively protect women since they view men as the perpetrators of domestic abuse and women as its victims. At the moment, there are no laws that categorize women as the offenders of domestic abuse and males as its victims. Men are not protected by any law from being harmed by female offenders.
Because only women are legally protected and men are not acknowledged as victims of domestic abuse, the current regulations are gender biased. To protect male victims of domestic abuse, these gender-biased laws must be changed, or new legislation must be passed. The same kinds of support services that are available to female victims of domestic abuse must also be available to male victims.
Causes of Men’s Underreporting of Domestic Abuse
Negative stereotypes of males, fear of phoney cases, social and familial pressure, and denial are the main causes of domestic abuse offences against Indian men that go unreported.
Pervasive Social Perception: The first and most significant factor is the pervasive stereotypes against men, such as the idea that “Mard ko dard nahi hota” (men do not feel pain). Because they are afraid of social criticism, men in our society are embarrassed to talk about their experiences with domestic abuse and violence. According to many studies, while women are more inclined to contemplate committing ‘suicide’, the reality is that more men die of ‘suicide’ as a consequence of prolonged emotional/physical domestic violence.
Think of fictitious claims and lack of credibility: Secondly, male victims fear that the police will not believe them because they might suspect they are reporting the violence because they are the perpetrators and could be arrested.
Deception: Due to the male-dominated and stigmatised nature of our culture, men continue to live in denial when they are the victims of domestic abuse by their husbands, partners, or family members. They fear that disclosing or publishing the material will damage not just their families’ reputations but also their social standing.
Fewer Recognitions, Fewer Responses
Human rights are violated by domestic abuse, commonly referred to as intimate partner violence. It is believed that women are the main victims and men are the main perpetrators of abuse. However, there hasn’t been much focus in recent years on male victims of domestic violence who are physically mistreated by their female wives. There is no denying that women are more likely than men to experience domestic abuse, but it is incorrect to ignore or fail to recognise male victims who suffer in silence as a result of insufficient support services and laws that discriminate against them based on their gender.
Gender neutral legislation must be implemented since men are increasingly becoming victims of domestic abuse committed by their female spouses. Due to the rise in male victimisation in recent years, female offenders must be promptly identified and dealt with. The most recent instance is the fiercely contested case of John C. Depp, II v. Amber Laura Heard (CL-2019-2911), in which Johnny Depp sued his wife Amber Heard for defamation after she damaged his reputation and cost him money.
Conclusion
Over time, the requirements of individuals change and evolve. In this situation, the nation’s legislative structure needs to be restructured and modified to meet the needs of the populace. Through judicial legislation, India has made great strides in empowering marginalised women in the modern era, especially when it comes to domestic abuse. The next stage in achieving gender equality is to think about incorporating it into the impartial provision of domestic violence services.
If we don’t question social norms and convince people that domestic violence against males is a severe problem that has to be addressed right away, the system will stay the same. Therefore, we think that the changes that bring males under the Domestic Violence Act will be beneficial since they will only permit real victims of any gender to pursue justice, thereby ending the abuse of legal rights in India. Everybody deserves to be protected from domestic abuse, regardless of gender or sexual orientation.
FAQS
1. Why is it important that Domestic Violence Laws ought to be gender neutral?
Ans. Every victim, irrespective of gender, are entitled to egalitarian protection under legislation owing to gender neutrality. It takes into account that men are susceptible to be the survivors of domestic assault while offering them with the psychological and juridical assistance they require.
2. Does India have any laws protecting men from domestic abuse?
Ans. At the moment, gender-specific laws in India, such the Protection of Women from Domestic Violence Act of 2005, are designed for the safety of women. Men lack an acceptable legal recourse because they are not legally regarded as victims under these regulations.
3. What are the primary explanations for why men fail to disclose domestic violence?
Ans. Men often fail to disclose domestic violence because:
preconceptions and societal prejudices like “men do not feel pain.”
Fear of being written off or held responsible.
Cultural pressure to maintain a positive image while avoiding damaging one’s family or social reputations drives denial.
4. How widespread is domestic violence towards men in India?
Ans. Despite being frequently underreported, studies reveal that over 50% of Indian men have been victims of physical or psychological abuse at the hands of their spouses. However, because to underreporting and a lack of legal acknowledgement, this problem remains buried.
5. Which procedures should be implemented to safeguard men from being victims of domestic violence?
Ans. To stop male victims of domestic abuse:
Pass laws against domestic abuse that are gender-neutral.
Educate the public and run efforts to raise awareness.
Provide male victims with support services like helplines and therapy.
To reduce stigma and boost reporting, promote the public’s acceptance of men as victims.
