Author: Revanth Roy Chelluboyina, Student at ICFAI law school, Dehradun
TO THE POINT
On December 6th, 2025, Member of Parliament Dr. Ashok Kumar Mittal introduced the National Commission for Men Bill, 2025 in the Rajya Sabha. This private member’s bill argues for the establishment of a statutory body to examine legal discrimination, mental health and family law impulses. The National Commission for Men is imaged as a premier Statutory Body under the Ministry of Law and Justice, with its chairperson formally appointed by the President of India. Its structural integrity is maintained through a gender- balanced board of six members (comprising three men and three women) and a Legal Advisor nominated by the Chief Justice of India to ensure judicial alignment, Operates within powers original to a Civil Court
ABSTRACT
Aiming that Gender Justice is inclusive of all citizens under Article 14 and Article 21 ; Equality before Law & Right to Life and personal liberty of the Constitution. NCM isn’t a counter to women’s rights but a necessity for Gender Justice. By addressing the systemic misuse of unregulated provisions and the elevated incidence of masculinity-driven homicides, the NCM seeks to shift India from gender-biased laws toward a gender-neutral justice framework.
USE OF LEGAL JARGONS
The National Commission for Men Bill 2025 upholds Audi Alteram Partem by recalibrating the judicial system, replacing Section 498A IPC with Sections 85 and 86 of BNS that bear a 30- day primary exploration before apprehensions in matrimonial difficulties, reclassifying them as bailable and compound to check Legal Terrorism, and assessing 5 years’ imprisonment plus ₹25 lakh penalty for proven false complaints, alongside 7-10 years’ imprisonment and ₹10 lakh penalty for vicious rape allegations. It advances gender-neutral reforms by extending PWDVA 2005 domestic violence and factory importunity protections to men, while constituting shared parenting as the dereliction in family law with 2 years’ imprisonment and ₹10 lakh penalty for motherly souring. For effectiveness, Rapid Courts must resolve custodianship and false denunciation cases within 6 months, and media responsibility is executed via ₹50 lakh fine for premature guilt declarations by outlets and 3 years’ imprisonment plus ₹ 25 lakh penalty for social media stoners spreading unverified claims
THE PROOF
The demand for a National Commission for Men (NCM) underscores a silent crisis, backed by National Crime Records Bureau (NCRB) data and recent judicial observations. In 2023, India reported tone-murders, with men comprising about 73% of victims; married men form the largest group, often citing domestic torture and marital issues, evidenced by 4,863 male deaths from matrimonial difficulties versus 4,180 for women.
Section 498A IPC (now BNS Section 85) sees thousands of filings annually, yet boasts a low 12-18% conviction rate, with 85% ending in acquittals due to evidentiary gaps or misuse—termed “Legal Terrorism” by the judiciary. While the National Commission for Women exists since 1992, no equivalent statutory body addresses men’s vulnerabilities, such as maternal souring, where mothers gain primary custody in over 90% of contested divorces, often against the “welfare of the child” principle. This justifies the National Commission for Men Bill 2025, with a ₹3,650 crore roadmap for gender-neutral justice.
CASE LAWS
1.Archin Gupta v. State of Haryana (2025):
The Supreme Court recently held that Section 498A should not be applied mechanically. It observed that minor marital frictions are often exaggerated by the wife’s family, leading to the harassment of the husband through the misuse of police machinery.
2.Gautam Kumar Das v. State (NCT of Delhi) (2024):
Stressed that the welfare of the child is consummate and can’t be determined by mechanical reliance on particular laws, buttressing the father’s part as a natural guardian
3.Dara Lakshmi Narayana v. State of Telangana (2024):
The Supreme Court quashed criminal proceedings under Section 498A, emphasizing that using this provision to harass the husband and his family must be curbed.
4.Arnesh Kumar v. State of Bihar (2014):
In this seminal ruling, the Supreme Court banned automatic apprehensions under Section 498A IPC. It commanded that police must follow a canon under Section 41 of the CrPC (now Section 35 of BNSS) to satisfy themselves of the necessity of an arrest, preventing the summary incarceration of men and their aged relatives.
5.Sushil Kumar Sharma v. Union of India (2005):
The Court famously characterized the abuse of Section 498A as Legal Terrorism, stating that a provision intended to be a guard for women was being used as a homicide’s ordnance against innocent families. Bench comprising judges B.R. Gavai, P.K. Mishra, and K.V. Vishwanathan noted that Section 498A and the Domestic Violence Act are among the most persecuted laws in the country. The Court stressed cases where men were forced into massive financial agreements
CONCLUSION
The National Commission for Men Bill 2025 transcends mere legislation; it stands as a resolute counter to the Legal Terrorism that drove Atul Subhash, a Bengaluru-based software architect, to his tragic suicide on December 9, 2024. Subhash’s death followed years of alleged financial extortion and maternal alienation amid prolonged legal battles. His 81-minute video testimony and 24-page suicide note—titled “This ATM has been closed permanently”—laid bare the weaponization of protective laws, fuelling public outrage and demands for systemic change. Introduced just one week after his demise, the Bill honours Subhash’s sacrifice by championing restorative justice through a gender-equitable framework, restoring balance to India’s legal morality.
FAQS
1. Can the NCM intervene in police investigations?
Yes, as a statutory body with Civil Court powers, it can summon witnesses and requisition documents to ensure investigations follow the 30-day preliminary rule.
2. Does the National Commission for Men Bill 2025 remove protections for women?
Absolutely Not, it aims to give additional safeguards for men without repealing existing Laws and protections for women
3. What is the proposed budget for the National Commission for Men Bill 2025?
A financial allocation of ₹3,650 crore is proposed for the period 2025-2030
4. What is the current status of the National Commission for Men Bill 2025?
As of now it is Private Member Bill introduced in the Rajya Sabha. It requires greater parliamentary support to make it law
5. Does the Bill propose gender-neutrality in Domestic Violence laws?
Yes. core objective of the Bill is to amend the Protection of Women from Domestic Violence Act (PWDVA) 2005 to include male victims. It advocates for a gender-neutral framework that protects any victim of domestic abuse, regardless of biological sex.
