Author: Yashika Pandya, Shri Vaishnav Vidyapeeth Vishwavidyalaya, Indore (M.P.)
To The Point
“Domestic Violence” hearing this term instantly lead us to assume a vulnerable women abused by her husband and his family either physically or mentally for various reasons. India is a patriarchal society where men are perceived as dominant and strong while women as weak, nuturing and inferior to men. People cannot imagine a man being a victim of domestic violence and getting abused by his wife as it would be shameful and humiliating for him as a man. This article critically investigates whether Indian legislation provides adequate protection for men from domestic violence as they do for women. By examining pertinent legislations, case laws and suggesting potential reforms, this article seeks to create awareness about possibility of men being the victim of domestic violence and ensuring equal protection for them.
Abstract
Domestic Violence in India, has traditionally been addressed through women-centric lens, given the widespread issue of abuse against women. Historically, the men are always the one abusing rather than getting abused. However, recent cases and reports have changed this perspective to men can also be victims of domestic violence. By analysing relevant legal framework, case laws and suggesting potential reforms, this article aims to provide a detailed overview of current societal and legal landscape surrounding men’s protection from domestic violence in India.
Use of Legal Jargon
“Domestic Violence is a pattern of abusive behaviour by one person towards another; both sharing or having shared domestic relationship with each other. It can take many forms- physical, emotional, sexual, economic, psychological or technological and can manifest by the way of physical harm, verbal abuse, intimidation, sexual coercion and restriction on financial resources.”
In India, the primary legal framework regulating domestic violence is Protection of Women from Domestic Violence Act, 2005 (PWDVA) and Section 498A of India Penal Code, 1860, both were enacted to specifically protect women from domestic violence. While these laws protect and provide specific relief to women from domestic violence, they are gender specific and falls short on recognizing the abuse faced by male victims.
The definition of “Aggrieved person” as provided in section 2(a) of Protection of Women from Domestic Violence Act, 2005 (PWDVA) includes only females, men are categorically excluded as victims under this law.
The Indian laws are gender specific; they are designed with women as “victims” and men as “perpetrators”. Therefore, there are not many laws which recognizes that men can be victims too and provide them protection. Societal stigma and stereotypes about men being strong, self-centred, and insensitive while women being weak and inferior to men plays a key role in Indian laws being gender specific. Due to societal norms and stereotypes, there is a increasing number of domestic violence cases unreported by male victims, as unlike women, men fear the humiliation they might face if they report their abuse.
The Proof
In India, there is no specific legal provision for a male who faces domestic violence or for punishing the wrongdoers. The stats provided on internet are evidently showing how badly India needs to have gender neutral laws.
“In India, despite the data present on domestic violence against men, people are still under an impression that such offences are gender-specific with only women being the sufferers. In a study funded by the Indian Council of Medical Research, and conducted over a period of 1 year in Rohtak, Delhi, it was found that out of a sample size of 1000 males, 515 were subjected to violence by their own spouse. While the majority (49.6%) of them experienced emotional violence, physical violence (0.6%) and sexual violence (0.4%) were also reported by them.”
Domestic Violence legislation in numerous western countries including United States. Canada, Australia and United States have largely adopted gender neutral framework. This means their laws define “victim” or “aggrieved person” without specifying gender, making protections theoretically available to both men and women. Even many Asian countries such as Sri Lanka, China and Japan recognize the domestic violence against men and allows them to seek the protection orders.
While there are not many legal provisions which provides men with legal protection, they can still apply under section 114 (hurt) and section 116 (grievous hurt) under Bharatiya Nyaya Sanhita,2023, though they are just general criminal legislations and does not directly address the nuances of domestic violence against men.
The male victims of domestic violence faces many challenges such as:
- Societal Stigma: Societal norms often dictate that men should be strong and dominant, leading to a perception that they cannot be victims of abuse. This stigma discourages men from reporting incidents of domestic violence due to fear of ridicule or disbelief.
- Underreporting and Lack of Data: Due to societal stigma and lack of legal recognition, many male victims choose not to report incidents of abuse. This underreporting leads to a scarcity of data, which in turn hampers the development of policies and support systems for male victims. In the case of “Aruna Pramod Shah v. Union of India, the Delhi High Court affirmed: “We do not rule out the possibility of a man becoming the victim of domestic violence, but such cases would be few and far between, thus, not requiring or justifying the protection of Parliament.” This was one of the instances when the judiciary had paid heed to domestic violence against men in the country in the absence of sufficient reliable data regarding the same.”
- Difficulty in proving abuse: Even if a man reports being domestically abused by his wife, the difficulty in proving abuse in a system designed for female victims is challenging, leading to legal harassment and social ostracization of male victims.
Case Laws
- “Sushil Kumar Sharma v. Union of India (2005)
In this case, petitioner challenged Section 498A IPC as being unconstitutional due to rampant misuse. The Supreme Court upheld the constitutional validity of Section 498A but strongly acknowledged its misuse against innocent husbands and in-laws, calling it “legal terrorism.””
- “Jyoti Alias Kittu v. State Govt of NCT of Delhi (2025)
In this case, it was alleged that petitioner inflicted severe bodily harm upon her husband, Mr. Suraj, through the act of pouring boiling hot water mixed with chilli powder. The Delhi High Court acknowledged that men can also be victims of cruelty in marriage and are entitled to the same legal safeguards as women. The court highlighted the societal challenges male victims face, including disbelief and stigma associated with being perceived as victims.”
Conclusion
In conclusion, despite constitutional guarantees of equality under Articles 14 and 21, the prevailing legal framework predominantly recognizes women as victims, thereby excluding men from essential protections and remedies. The societal stigma and fear of humiliation has always kept male victims away from reporting, leading to lack of legal recognition and misuse of laws by women. To create a more balanced legal system, reforms such as gender-neutral provisions in domestic violence laws, dedicated helplines for men, and family welfare committees with neutral oversight are essential. Acknowledging and addressing violence against men is not about undermining women’s rights but about ensuring justice is truly equal and inclusive.
FAQs
- Are there any laws in India that protect male victims of domestic violence?
Unlike for female victims, there is no specific legislation enacted to protect male victims from domestic violence. Existing laws PWDVA, 2005 are gender-specific.
- Can husbands file complaints under Section 498A against his wife?
No, a husband cannot file a 498A case against his wife. Section 498A of the IPC is specifically designed to protect women from cruelty by their husbands or in-laws. It applies only to wives filing against husbands or their relatives.
- How can a male victim seek help currently?
He may approach the police under general IPC provisions like assault, criminal intimidation, etc., or file civil cases, but has limited legal support specific to domestic abuse.
- Do societal perceptions make it difficult for men to report domestic violence in India?
Yes, societal stigma, traditional notions of masculinity, and the predominant narrative of women as victims can make it challenging for men to acknowledge and report domestic violence.
- What challenges do men face in proving domestic violence under existing laws?
Men often face significant evidentiary hurdles and procedural roadblocks, as the legal system and support structures are not primarily designed to address their unique circumstances as victims.
- What reforms are being suggested for gender-neutral domestic violence laws?
Proposals include amending the PWDVA to make it gender-neutral, establishing neutral family welfare committees, and creating support systems like shelters and helplines for male victims.
References
ISHA* & SONAKSHI VARSHNEY, “LEGAL SITUATION RELATED TO DOMESTIC VIOLENCE AGAINST MEN IN INDIA” 3 (1) ILE FAMILY & PRIVATE LAW REVIEW 36 (2025)
Aruna Pramod Shah v. Union of India, WP.Cr. 425/2008, Del.
Sushil Kumar Sharma v. Union of India, AIR 2005 SC 3100
Jyoti Alias Kittu v. State Govt of NCT of Delhi, BAIL APPLN. 262/2025
