Human Rights In India: Neglection Of Men’s Right

Introduction

Human rights, as protected under national and international frameworks, aim to safeguard the dignity and rights of all individuals, regardless of gender, caste, or race. In the Indian context, the policy and legal system have primarily focused on women’s empowerment due to the historical injustices and structural discrimination women have faced. While this is an important and necessary conversation, an exclusive focus on women’s issues often sidelines the discourse around men’s rights.

This is not a matter of comparison or competition over who faces more challenges—it is about inclusivity. Just as women face issues such as rape, domestic violence, and assault, men too encounter serious challenges. False accusations, denial of custodial rights, domestic violence, mental health struggles, and unfair labor practices are often overlooked. Cases of rape and assault against men are frequently dismissed or ridiculed.

In light of the growing number of crimes against men, it is essential to address this imbalance and advocate for a broader narrative that includes men’s rights in India.

Framework Under Indian and International Law

Human Rights under Indian Law

• Article 14: Right to Equality
• Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth
• Article 19: Right to Freedom
• Article 21: Protection of Life and Personal Liberty

These constitutional provisions guarantee equality and protection of life and liberty to all individuals.

Human Rights in International Law

• Universal Declaration of Human Rights (UDHR), 1948:
  Adopted by the United Nations General Assembly, it contains over 30 articles covering civil, political, economic, social, and cultural rights.
• International Covenant on Civil and Political Rights (ICCPR), 1966:
  Protects the right to life, liberty, free speech, religion, assembly, fair trial, security, and privacy.
• United Nations Human Rights Council (UNHRC):
  A global body responsible for monitoring human rights, conducting the Universal Periodic Review, and investigating human rights violations.

These and various other international laws and organizations are dedicated to the protection of human rights across the world.

Gender Equality and Gender Neutrality

In today’s human rights discourse, two key terms often arise: Gender Equality and Gender Neutrality.

Gender Equality has played a significant role in promoting women’s empowerment. Women are now increasingly present in fields traditionally dominated by men. For example, the right to vote, which was once denied to women, began to be granted in parts of the world like the USA and New Zealand in the 1890s. Today, women’s suffrage is recognized in most parts of the world, enabling women to progress alongside men.

On the other hand, Gender Neutrality seeks to ensure that laws and policies protect all genders equally. While Indian laws are often framed with neutrality in mind, their implementation tends to favor one gender over the other. True gender neutrality requires an unbiased legal system that ensures equal protection and fair treatment for all, regardless of gender.

Neglected Men’s Legal Rights

The areas where men’s rights are often overlooked include:

1. Family Law and Custody Disputes

   In family law, especially in divorce proceedings, judgments are frequently made in favor of women. While this is understandable—as many women may lack the means to support themselves and require maintenance—it is not always justified. Section 125 of the CrPC provides for:

   “Order for maintenance of wives, children and parents.”

   This section helps women who are mistreated by their husbands or in-laws to seek financial support. However, increasing numbers of cases suggest either the allegations are false or the financial demands are excessive—even when women are financially independent. This undermines genuine cases and harms men’s rights, forcing them to pay high maintenance even when they are financially struggling and without any relief.

   In custody battles, mothers are usually favored over fathers. Fathers must prove they are fit for child care to gain custody. Legally, under Section 6 of the Hindu Minority and Guardianship Act, 1956, the father is considered the ‘natural guardian’ unless declared unfit. However, in practice, mothers are more often granted custody—even when fathers are capable and willing.

2. Domestic Violence Laws

   Domestic violence against women is a significant issue in India. According to the National Family Health Survey (NFHS-5, 2019–21) conducted by the Ministry of Health and Family Welfare:

   • 31.8% of ever-married women (ages 15–49) experienced Intimate Partner Violence (IPV), which includes emotional, physical, or sexual abuse.
   • 29.3% of married women reported experiencing domestic or sexual violence.

   To address this, the Government introduced The Protection of Women from Domestic Violence Act (PWDVA), 2005, safeguarding rights guaranteed under Articles 14, 15, and 21. The judiciary has also taken active steps in addressing such violence.

   However, domestic violence against men is often overlooked. A study of 1,000 married men (ages 21–49) in rural Haryana found:

   • 52.4% experienced some form of spousal violence in their lifetime.
   • 51.6% emotional abuse
   • 6% physical abuse
   • 0.4% sexual abuse

   In the 12 months prior to the survey, 10.5% of men reported violence, including 2.5% who experienced physical abuse. NFHS-4 (2015–16) also found that 29 out of 1,000 married men experienced spousal physical violence, varying by state (e.g., Sikkim: 2/1000, Tamil Nadu: 90/1000).

   While women are statistically more affected, justice should be extended equally to all, regardless of gender.

3. Dowry and False Accusations

   Dowry refers to money or property given by a bride’s family to the groom at the time of marriage. While the practice itself is not illegal, violence or harassment over unsatisfactory dowry demands is a serious crime.

   According to National Crime Records Bureau (NCRB) data (2022):

   • There were 6,589 dowry death cases (~18 per day).
   • Top states: Uttar Pradesh (2,273), Bihar (1,032), and Madhya Pradesh (596).
   • There were 1,22,149 cases of cruelty for dowry.

   To combat this, several laws exist in India, including:

   • Dowry Prohibition Act (1961)
   • Sections 302B and 354 of the Bharatiya Nyaya Sanhita (BNS)
   • Section 117 of the Bharatiya Sakshya Adhiniyam (BSA)

   While these laws focus on protecting women, there is growing concern about false dowry accusations made by brides and their families against men. Unfortunately, the NCRB does not maintain a separate category for violence or harassment of men in dowry cases, indicating bias.

   The NGO Save India Family Foundation (SIFF) reports:

   • 20% of cases filed under Section 498A IPC (now Section 85 of BNS) are false.
   • Thousands of men have complained of being threatened with false dowry charges by their in-laws.

   These issues highlight the urgent need for gender-neutral laws and equal treatment in legal protections.

Men’s Rights and Mental Health

In India, mental health is not taken as a major issue. According to the National Mental Health Survey (2015–16), 10–15% of adults are suffering from mental health disorders. Individuals suffering from mental issues are eventually treated as a topic of fun in India. In rural areas, 70–85% of individuals affected by mental health problems are not receiving care.

If we talk about suicide rates, then in the year 2022, India recorded 171,000 suicides, which is a 4% increase from the previous year, 2021. The national rate is 12.4 per 100,000 — the highest ever. The leading cause of death among youth (aged 15–29) is suicide, responsible for 35% of all recorded suicides. If we further divide the data, medical students are particularly vulnerable. There is 28% of undergraduates and 15% of postgraduates diagnosed, with 16% (UG) and 31% (PG) reporting suicidal thoughts.

Human Resource and Infrastructure

Mental health is an issue where the majority of people don’t focus. Due to ignorance, there is a high percentage of suicidal cases and an increase in diagnosed mental health issues. Psychiatrists, who are responsible for treating people suffering from mental health issues, number only 0.75 per 100,000 in India. According to the World Health Organization (WHO), the recommendation is a minimum of 3 per 100,000. Other professions like clinical psychologists, social workers, and psychiatric nurses are even more underrepresented. To meet the demand, India needs tens of thousands.

Infrastructure is in worse condition. India spends only 0.05% of GDP on mental healthcare, compared to high-income countries that spend 5% or more. There are only 1–1.5 beds per 100,000 for psychiatric patients. This highlights the poor state and shortfalls of the mental healthcare infrastructure.

Mental Health and Men in India

Now this is the condition of India in mental health. If we talk about the condition of men, then in India, they are less likely to seek help for mental health issues due to patriarchal expectations and stigma around vulnerability. The ideals of masculinity demand emotional suppression and success in finance, leading to mental distress.

Men account for over 70% of suicide deaths in India. According to the National Crime Records Bureau (NCRB), 2022, there were 1,18,979 suicide cases among men out of 1,64,033 total cases. The affected age group is 18–45 years. Major causes of suicides include unemployment, financial problems, family issues, and any sort of addiction.

According to the National Mental Health Survey (NMHS) 2015–16, nearly 1 in 10 individuals in India suffer from mental disorders. The percentage of men (13.9%) is slightly higher than women (13.1%) for substance use disorders. Disorders include depression, anxiety, alcohol use disorders, and bipolar affective disorders.

Barriers to Mental Health Access for Men

As mentioned before, Indian men are less likely to seek help for mental issues. They are less likely to consult therapists or psychiatrists. They prefer self-reliance, and there is fear of judgment. The lack of awareness also plays a huge role. According to the World Health Organization (WHO), there should be at least 3 psychiatrists per 100,000 people, but in India, there are only 0.75 psychiatrists per 100,000 people.

Stress Factors

In Indian men, the mental stress is mainly due to:

• Unemployment: The main or primary source of earning in Indian households is men. If men fail to find a job or remain unemployed for a long time, there can be economic failure in the household, impacting their self-worth.
• Marital and family issues: Preference to women leads to the violation of men’s rights. There are significant increases in fake cases like child custody and domestic violence accusations, which indirectly impact men’s mental well-being.

Recent Trends and Positive Developments

There is significant growth in the mental health field by the government and NGOs. Some of the important steps are:

• Tele-MANAS (2022): Government launched a mental health support helpline which is free and available 24×7.
• Mental Health Apps: The use of platforms like MindPeers, Wysa, etc., helps individuals to heal.

Role of NGOs

Several NGOs like The MAN Company and MAVA (Men Against Violence and Abuse) promote mental health awareness for men.

Legal Recognition Of Male Victims In Other Areas

Other than Family laws and mental issues, there are other fields where men suffer but do not get any type of relief. Some of them are:

Sexual Harassment at Workplace

According to the National Crime Records Bureau (NCRB), there are 400+ cases of sexual harassment at work each year since 2018. There were 419 cases in 2022, with top states being Himachal Pradesh (97), Kerala (83), Maharashtra (46), and Karnataka (43).

If we come to male victims, then according to the 2016 report of the Indian National Bar Association, 22% of sexual harassment cases involved male victims. The Economic Times-Synovate (2022/23) reports that 19% of men across seven metros reported workplace sexual misconduct. The Centre for Civil Society (2023) reports that approximately 18% of adult men report being forced or coerced into conjugal relations.

If we talk about legal remedies, then there are many laws to protect women’s rights, but they do not cover men. For example, the POSH Act (Sexual Harassment of Women at Workplace – Prevention, Prohibition and Redressal Act, 2013) applies only to women, excluding male victims.

Section 73 of the Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding to Section 354A of the Indian Penal Code or IPC), focuses only on female victims.

Other sections of BNS such as:

• Section 74 – Assault or Use of Criminal Force to Women
• Section 75 – Voyeurism
• Section 76 – Stalking

focus only on women or female victims, excluding male victims.

Rape and Sexual Violence

One of the major issues in India forces us to question where civilization is heading. Is there a lack of education or moral education? That issue is rape and sexual violence. According to the NCRB (2022 report), 31,982 rape cases were filed. Since 2018, the figures have hovered around 31,000. There is no age bar — from a child of 4 months to an 80-year-old citizen, all have been victims.

These figures represent registered cases only; many more remain unregistered due to fear of social rejection, coercion, or shame. The conviction rate is only 27%-28% for 2018–2022. Even custody is not safe — from 2017–2022, 275 custodial rape cases were registered.

In terms of steps taken, the Criminal Law (Amendment) Act, 2013 (Nirbhaya Act) introduced stricter punishment post-2012 for crimes including rape, stalking, and workplace harassment. Section 375 of IPC (now Section 63 of BNS) defines rape as an act committed by a man against a woman without her consent. Sections 64–66 of BNS provide for punishment for rape.

Children’s rights (below 18 years) are protected under the POSCO (Protection of Children from Sexual Offences) Act, 2012. However, there are no specific rights for male victims. Males are generally considered as predators, not victims.

The National Commission for Women (NCW) study in 2022 noted that 1.4% of Indian men reported experiencing sexual harassment. Around 3,000 cases were filed, up from 2,500 in 2021.

Compared to other countries, India lacks gender-neutral laws. For example:

• USA: FBI’s revised 2012 definition of rape recognizes both male and female victims.
• United Kingdom: Sexual Offenses Act, 2003 recognizes male victims.
• Other countries: Canada, South Africa, Australia, and International Laws all have gender-neutral provisions.

Biases Against Men

As we have seen, there is bias against men in law. A closer look reveals:

• Dowry Harassment (Section 80 of BNS): Penalizes cruelty by husband or relatives toward a woman.
  Bias: Whole family may be arrested without proper investigation. No parallel protection for men from false accusations.
• Domestic Violence Act, 2005: Meant to protect women from domestic abuse.
  Bias: Men are excluded as victims; no complaints can be filed. NCRB (2014) reports men also suffer abuse but there is no statutory recognition.
• Maintenance and Alimony: Supports wives (and children/parents) financially.
  Bias: Even well-qualified or voluntarily unemployed women can claim maintenance. Husbands are presumed to be sole providers.
• Child Custody Laws: While the father is the natural guardian, custody generally goes to the mother.
  Bias: Fathers are reduced to mere visiting parents.
• Sexual Harassment Laws: POSH Act (2013) and Section 73 of BNS protect only women.
  Bias: No legal remedy exists for male victims.
• Rape and Sexual Assault: Section 63 of BNS defines the crime as being committed by a man against a woman.
  Bias: No acknowledgment of male victims or female perpetrators.

Compared to gender-neutral laws in countries like the USA, UK, and Australia, Indian laws still reflect gender-specific definitions. This contributes to a rise in false cases. Judges have acknowledged misuse of laws.

Even in the criminal justice system, bias persists. Police and courts often presume guilt when a female complainant is involved. There is a lack of legal protection for men who are falsely accused. Due to fear of social stigma, ridicule, or limited legal avenues, men rarely file complaints.

There are national and state women’s commissions and government bodies to protect women’s rights. However, there is no such statutory authority for men. There is no official data collection, policy suggestion, or advocacy for crimes against men. Men have no representation or systematic recognition of their rights.