MEN CAN BE VICTIM TOO: REDEFINE GENDER-BASED VIOLENCE IN INDIA

AUTHOR: TRIPTI ROHILLA, COLLEGE: UNIVERSITY SCHOOL OF LAW AND LEGAL STUDIES- GGSIPU

To the point:

Gender-based violence in India is often viewed through a lens that recognizes only women as victims. However, research and contemporary cases are showing that men are also becoming victims of domestic violence and assault, particularly in intimate relationships. But societal norms, laws and cultural expectations have combined to render male victimhood invisible, leaving men with nothing, nor do they have any laws to protect themselves against the violence they are suffering. A truly justified society needs to address both the problems and solutions of every gender against all types of violence. This article examines the prevalence, causes, and consequences of violence against men in India, highlighting the gaps in the society and what are the ways through which we can overcome these deficiencies with the help of gender neutral approach to the legal system.

Abstract:

Gender-based violence in India has traditionally been framed through a patriarchal lens, focusing predominantly on women as vulnerable and men as the reason for that vulnerability which is in some sense true, but according to the changing trends and patterns of the societies- men are facing great amount of violence in numerous ways by their wives, partners etc. Yet, the legal system and social attitudes deny them the legal frameworks to address their issues and overcome it; they are still seen as a violence provider. To acknowledge this issue, this article suggests the types of violence men are facing in Indian society, its significance internationally and what are the ways through which an equitable society can be formed.

Introduction:

Gender justice demands fairness and protection for all individuals regardless of their biological sex. In India, however, the legal aid and social discourse around domestic and gender-based violence has overwhelmingly more biased towards women in every aspect which in-turn reflects patriarchal inequalities. With great history of women being as victims, the law and constitution provide women with extraordinary rights to protect them from oppression, harassment, sexual assault, which is in itself a major step towards women safety. But one should not forget about the changing trends where now men are also a victim of domestic violence, sexual assault, physical, emotional abuse and many more, however, like women they don’t have as many legal frameworks to protect themselves from atrocities. It renders their to seek justice.

The Protection of Women from Domestic Violence Act (PWDVA), 2005, is a landmark legislature that has provided women with additional safeguards. However, its relevance as a gender specific law neglects men from its arena of application, which leaves men reliant on general provisions of Indian Penal Code (IPC) that are not majorly made to address the domestic violence faced by men and thus irrelevant. Also, this vulnerability and exclusion is compounded by the societal expectations from a man because as per patriarchal Indian society, a man is considered as a strong, emotionally powerful individual by neglecting his rights against all the abuse.

Use of Legal Jargons:

Gender-Based Violence (GBV): refers to acts committed on an individual based on their gender, the term is more prevalent in international law and discussions. Protection of Women from Domestic Violence Act (PWDVA), 2005: refers to a Indian legislature which address domestic violence against women, it gives a gender-specific approach. Indian Penal Code (IPC): it is a major criminal code of India, it is added in this article to show that its provisions are inapplicable for domestic violence against men. Gender-Neutral Laws: refers to laws which are not biased towards any particular gender and provide justice to all individuals.

The Proof:

Studies shows that a significant number of Indian men experience physical, emotional, and economic abuse during an intimate relationship by their female partners. However, social stigma and prevalent patriarchal set up and notion of masculinity discourage men from reporting abuse or seeking help. International data marks the prevalence of male victimization: where CDC’s National Intimate Partner and Sexual Violence Survey (NISVS) found that 26% of men in US experienced some form of abuse by their partners during their relationship. While, unreported data is still absent. Like that, there is no such data available to us for India because of underreporting and lack of recognition. This issue has now become a significant problem to be legally address to promote gender equality.

Types of Abuse Faced by Men: Physical Abuse – refers to hitting, slapping and other forms of bodily injury. Emotional Abuse – refers to humiliation, manipulation, emotional blackmail, toxicity etc. Economic Abuse – insulting them on employment, withholding financial accounts. Sexual Abuse – forced sexual acts, harassment, or coercion, which is not reported due to social stigma.

Societal and Cultural Barriers-

Societal norms teach men to be strong and invulnerable. Considering men as victim is seen as a sign of weakness, resulting in not seeking justice due to societal shame.

Legal Challenges-

Existing legal frameworks such as The PWDVA, 2005, is only designed to protect women and exclude male victims from its domain. Men seek legal aid under IPC sections- assault and criminal intimidation but they are not made to address the dynamics of domestic violence. There is no gender-neutral domestic violence law in India, but in other countries like, US and UK, there are legal frameworks that provide equal protection to all victims. Thus there should be a proper law in India to address the violence against men.

Consequences of Legal Exclusion of Men:

Male victims are left unheard without clear legal remedies or support mechanism. The lack of recognition highlights the myth that men cannot be a victim of domestic violence and abuse which led to underreporting. False accusation and malicious imprisonment by women can led to more vulnerability. There is lack of support services as there are few government-backed shelters, help lines, or counselling services for male victims. Although, NGOs like Save Indian Family Foundation and Men Welfare Trust have stepped in to fill the gap between justice and victimhood, but their reach is limited till now. Even the Courts do not observe men as a victim of domestic violence and make them guilty by the influence of media and social stigma.

International Perspective:

International Covenant on Civil and Political Rights (ICCPR), protects all individuals, regardless of gender, from torture, inhumane treatment, and discrimination.
Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, although primarily focused on women but it encourages protection of all victims, including men and boys under Article 2(2).

But there is no dedicated law for male victims, although men may seek recourse under general laws like: Section 323, 506 IPC (assault, criminal intimidation)

How to Overcome these Scarcities-

Amendments to be made in PWDVA, 2005, or enact new laws to provide gender-neutral protection against domestic violence, ensuring that all victims get justice regardless of their gender. Launch public awareness initiatives to challenge the stereotype about male victimhood and social stigma of masculinity.

Case Laws

Ram Singh v. State of Uttar Pradesh (2019): in this case Allahabad High Court held that men can be victims of domestic violence, though the law does not provide them with the same remedies as women.
Vivek Narayan Sharma v. Union of India (2022): the Supreme Court emphasised the need for gender-neutral laws in cases of sexual harassment and domestic violence. Suggested Parliament to consider legislative reforms.

Conclusion

“Violence knows no gender,” as we come on the concluding part of this article, there is a great deal in contemporary time to address the violence against men to be recognized and be given as much as consideration given to women. The lack of gender-neutral laws, combined with social stigma, leaves many men suffering in silence. To truly address GBV, India must move towards a more inclusive approach- giving prominence to male victims. A shift in societal attitudes are essential steps towards a more equitable and compassionate India.

FAQs

Can men file cases under the Domestic Violence Act, 2005?

No, the act is centred towards gender-specific and intended for female victims only.

Can men also be a victim of domestic violence?

Yes, men can also be victims of domestic violence. As we have seen in many recent cases where men were also the victim of domestic violence, emotional, physical abuse by their partners leading to vulnerability and many of them even committed suicide.

What legal options do male victims have?

Merely, men don’t have specific legal remedies which focus only on men but they can file complaints under general provisions of IPC like assault or criminal intimidation, but these do not specifically address domestic violence.

Why men are not considered as victims?

Men are not considered as victims because of social stigma and lack of legal recognition discourages men from reporting abuse. There is also a factor of masculinity which renders them from seeking legal aid.