MEN’S RIGHTS IN INDIA


Author: Vidhyanand Roy, Sri Krishna Jubilee Law College, Muzaffarpur, Bihar

Table of Contents

To the point
Legal Jargon
The Proof
Abstract
Cases
Conclusion
FAQ
References


TO THE POINT

Rights encompass a set of principles that establish provision for how individuals can live and engage with society. These rights can encompass various dimensions, including legal, social and moral considerations. Some rights are of fundamental nature, such as right to freedom of speech, right to life and liberty, right to practice religion. These collective define the permissible actions and liberties of individuals, collectively known as rights.

India has brought numerous provision to protect women from various forms of harassment. However, the rights of men have not received equal attention from lawmakers. Nonetheless, the Indian Constitution offers certain guarantees to all citizens, regarding of gender. 

LEGAL JAGRON

Awarded: An award is defined as a final judgement or decision
Compensation: It is a payment or remuneration for work or services performed or for harm suffered
Acquitted: An accused person is not guilt of the crime he is charged with.

THE PROOF

There are colorful attestations which proves that the laws which were made to cover the women from colorful crimes that shield is being used as a brand against innocent men’s too.
In 2020, A Chennai Court awarded a compensation of Rs 15 lakh to a men arrested for rape charges. He was made to face trial for further than 7 times and was acquitted when DNA test proved he wasn’t the father of the child delivered by the woman who was indicted him of violating her.
In 2019 Kerala HC, noted a growing trend of resorting to filing false cases against natural father, under POSCO Act, to win a guardianship battle pending before family courts.

ABUSE OF RAPE CASES
Lalit Kumar Vats vs. State of NCT of Delhi 7 Anr.(2020)
While nothing that FIR was lodged “out of wrathfulness” as she and the supplicant had an altercation the Delhi High Court quashed FIR registered against the petitioner for the offence punishable under Section 376 IPC.
The Bench of Justice Suresh Kumar Kait also observed that she was liable to be fulfilled under the law, still since she sought unconditional reason and submitted before the court that her nuptial life would be destroyed if the present case is transferred for trial, the bench accepted her unconditional reason.

FALSE CASE UNDER SECTION 354 IPC
Delhi HC in Laishram Premila Devi & Ors. Vs The State & Ors, (2021)
Assessed a cost of Rs. 30,000 on the pleader with a warning not to file false and frivolous cases.
The court observed
This court can take judicial notice of the facr that the police force is veritably limited. Police labor force have to spend time in probing frivolos cases. They’ve to attend court proceedings, prepare status report etc. The result is that disquisition in serious offence gets compromised and indicted escape because of shy disquisition.

ABUSE OF POSH ACT
In 2015, the Delhi High Court in Anita Suresh vs Union of India & Others, dismissed the solicitation for its lack of merit and ordered costs of Rs 50,000 on the supplicant for filing a false complaint and misusing the vittles of the POSH Act.
Justice J.R. Midha also granted liberty to the replier- ESI Corporation to initiate applicable action against the supplicant for the same.

FALSE CLAIMS OF DOWRY DEATHS
Women from Bihar who was reportedly killed by her husband for dowry in 2015 was set up living with her nut in MP. She had went missing after months of marriage when her parents filed a case of dowry importunity and murder against her hubby, they indeed linked a spoiled body of woman as their son’s her hubby, condemned for murder, is till in jail.

ABUSE OF SECTION 498A
In Rajesh Sharma and Ors vs. State of U.P. and Anr, (2017), creation of family weal commission to avoid abuse of section 498A IPC, it proposed sitting up a FWC to stop automatic arrest of hubby and family members.
In Manav Adhikar and another vs. Union of India Ministry of Law and Justice and others(2018),the apex court overruled this judgement, a three judge bench headed by Chief Justice Dipak Misra nominated the demand of constitution of family weal panels in every quarter to check complaints entered by the police or justice as “incorrect” and “important”.

FALSE CASE ON MEN
In Saravjeet Singh, a 28 time old Delhi occupant who was labeled an  “dusk teaser” and a “backslider” by the media channels after Jasleen Kaur, a former Delhi University pupil, had in 2015 indicted him of verbally draining her at a business signal in West Delhi, has been acquitted of all charges.
In 2021, a Zomato Delivery men who falsely indicted of draining a fashion influencer Hitesha Chandranee

ABSTRACT

The main end of writing this composition is to open the eyes of the amateurs that men are also an important part of the society and there must be some kinds of specific laws for the protection of men against the fake blameworthiness in the name of feminist. A cultivated can only prosper if the society can give fair and natural justice to every existent. Still, but this isn’t the case when it comes to men, if we put a light on the women’s right there’s a long list of rights which are mentioned specifically for women. Article 14, of the Indian Constitution deals with “Right to Equality” it states equivalency before law and equal protection of law but occasionally it seems that bold nature of Article 14, live only in black and white that’s in book and not in factual practice.
It cannot be denied that women had been kept under the subjugation of men from a long time women had been treated inversely but with the due course of time, various laws were made for the protection of women’s rights and certain specific laws were also framed for women’s but a country can only prosper when there isn’t only a program for youthful girls like “ Beti Bachhoo Beti Padhao” but there must be commodity for the boys too. In our country women has been honored as a carnation of goddess Laxmi, because after marriage she bind the two houses her own as well as her husband’s. But in the meantime she isn’t the only bone who binds the two families but men’s part have always been neglected by the society, and it made the incidents of false blameworthiness of colorful crimes on men, because in moment’s time its veritably easy to file a false case against men in the name of feminism. Thus, there’s a saying that, “All women are innocent until she proven shamefaced” and “ All men are shamefaced until they proven innocent”.
CASE
Cases file against the husband

In Satya vs Siri Ram, in this case the woman terminated her gestation doubly without the concurrence of her nubby. This means that a lady who opposes her hubby’s normal and reasonable desire for children, performing in his being depressed and affecting his internal health, is shamefaced of atrocity by the court.

In Kalpana vs Surendra Nath, both the parties were married and lived together for one and a half months”. By refusing to serve tea to the plaintiff and his companion the complainant was indicted of demeaning him in front of them”. The complainant requested that the replier join in her council and one day she left to council and noway returned. Under the Dowry banned legislation, she had also filed a action against her hubby. The court agreed with the replier and ruled that refusing to help with domestic chores was harsh.

In Narendra Vs. K. Meena, the hubby was pushed by his woman to live piecemeal from the rest of the family, yet he was the only member of the family who was wearing and who was responsible for its up keep. In discrepancy, the woman’s primary thing was to spend the whole payment of her hubby. Another, false blameworthiness she made was that her hubby was having an affair with their maid. She also tried to take her own life by dousing herself in kerosene oil painting and setting herself on fire. 

In Prem Chandra Pandey vs Smt Savitri Pandey, ahead and after the marriage, according to the woman’s allegations the hubby’s cousins sought dowry from the couple, the demands of the woman’s father were to met and so they tortured her, and she made up a bogus claim that he was married to another lady and married again to satisfy his requirements. There was no verify to any of this, therefore, the court ruled that making false blameworthiness of infidelity constitutes cruel geste.

Taking in consideration of the law fixed in Panjab Mahajanv v. Dimple Kajal and Vijaykumar Ramchandra Bhatev, Neela Vijaykumar Bhate, in two judge panel, Justice Anil R. Dave and Justice Nageshwara Rao, decided on 6th October, 2016 the apex court ruled that the woman constant pressure on the hubby to separate him from his family is cruel because in Indian society and ethics, the son maintaining his parents is veritably normal and in the Hindu society, it’s pious obligation of the son to maintain the parents.

CHALLENGES FOR MEN’S RIGHTS

Gender discrimination is one of the major challenges for men’s right in India.
False blameworthiness against men is so common in moment’s time which force men to commit self-murder.
Society frequently neglects men and noway provides too important support as what’s being handed to women.
In our country, there live women’s rights commission, women’s special cell, but there isn’t a single commission for men’s rights. Still a solicitation was filed on 5th July, 2023 for the demand to constitute men’s rights commission but the apex court rejected the solicitation on the ground that the supplicant just prepared a bone sided picture. 

CONCLUSION

From the above discussion, it can be said that just women have their separate rights from the protection and abuse of men similarly indeed men need some specific laws from the protection of false charges fasle rape case, cheating cases etc, in our society men’s part has frequently been neglected which redounded in lack of laws for men which eventually weaken us in order to fight our legal battle. So an attention is demanded for men too. We  frequently talk about women but now we came to talk for men too.

FAQ

Why do we need specific laws for men’s?
In India there is a rise in the number of false cases against men and there is no proper laws for their protection so it’s a high time for the legislature to make laws for the protection of men’s rights.

Name the Ngo working for men’s rights?
Men Welfare Trust is a Delhi based non-governmental organization, an integral part of save Indian Family Movement.

REFERENCES

https://timesofindia.indiantimes.com
https://www.menwelfare.in
https://www.nextgenmen.ca
https://thecritic.co.uk

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