Abstract
Recently, a number of cases have emerged in India that have shaken it’s very base, and a common factor among all the cases is atrocities or violence among men. Example – Atul Subhash and Saurabh Rajput case. Article 14 of Indian constitution provides equality before law and equal protection of laws to all citizens regardless of their sex, caste, race, place of birth and article 15 provides that state shall not discriminate against any citizen on the grounds of race, sex, pace of birth, caste but when it comes to laws, most of the laws are made in favour of women. In many instances, laws are primarily focused on protecting women, often posing them as the victims and men as the perpetrators.
For instance, Protection Of Women From Domestic Violence Act, 2005 solely focuses on protecting the rights and dignity of women. However, in the case of Kanav Gupta v/s Neha Gupta, the court held that a husband can also file a suit under section 12 of Domestic Violence Act. It’s important to recognize that men also face violence, harassment, and abuse. Their stories deserve to be heard and acknowledged.
The right to protection belongs to everyone, regardless of gender. It is essential to recognize that crimes do not discriminate based on gender. While women’s safety is an important issue, the safety of men should not be sidelined or ignored. Yet, when it comes to legal provisions, there seems to be a gap in the laws specifically designed to address the victimization of men.
In this article, we aim to explore the reasons behind this imbalance and discuss the kind of legal framework that can better protect men, ensuring that both genders have the same opportunity for justice and safety.
What is Domestic Violence?
Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to maintain power and control over the other intimate partner. This violence can be physical, sexual, emotional, economic, or psychological. It includes any behavior that frightens, intimidates, terrorizes, manipulates, hurts, humiliates, blames, injures, or wounds someone.
Types of Domestic Violence
Emotional Abuse
Emotional abuse includes undermining a person’s self-worth through constant criticism such as:
- Insulting by calling names
- Acts in a possessive manner
- Tries to isolate the person
- Controls finances
- Humiliates in any way
Psychological Abuse
Psychological abuse involves causing fear by intimidation, including:
- Threatening physical harm to self or others
- Destruction of pets or property
- Playing mind games
Financial or Economic Abuse
This involves making or attempting to make a person financially dependent by:
- Maintaining total control over financial resources
- Withholding access to money
Physical Abuse
Physical abuse includes hurting or trying to hurt a partner through:
- Hitting, kicking, burning
- Grabbing, pinching, shoving, slapping
- Hair-pulling, biting
- Denying medical care
- Forcing alcohol/drug use
- Using other physical force
Sexual Abuse
Sexual abuse involves forcing a partner to take part in a sexual act without consent. It may include:
- Accusations of cheating
- Demanding sexual dressing
- Sexual insults
- Manipulating into having sex
- Demanding sex when one is sick
- Involving others in sexual activity
Stalking
Stalking is any pattern of behavior that serves no legitimate purpose and is intended to harass, annoy, or terrorize the victim. It includes:
- Repeated telephone calls
- Unwelcome letters
- Surveillance at work, home, or other frequented places
Stalking usually escalates over time.
Statistical Analysis
- The cases of violence against men are rising at an alarming rate worldwide.
- According to the Office for National Statistics (2022–2023), 1 in 3 victims of domestic abuse are male, equating to 751,000 men (3.2%) and 1.38 million women (5.7%).
- From this, 483,000 men and 964,000 women are victims of partner abuse.
- 1 in 7 men (13.9%) will be a victim of domestic violence in their lifetime.
- Of domestic abuse crimes recorded by the police, 25% were committed against men (ManKind Initiative).
- As per the Indian Journal of Community Medicine, 52.4% of men experienced gender-based violence. Out of 1000 males, 51.5% experienced violence at the hands of their wives/intimate partners at least once in their lifetime.
- Most common spousal violence is emotional (51.6%) followed by physical violence (6%).
- The National Family Health Survey reports that 1% of married men have faced domestic violence by their wives.
- The most common form of physical violence is slapping (98.3%), and the least common is being beaten by a weapon (3.3%).
- Among victims of emotional violence:
- 85% were criticized
- 29.7% were insulted in front of others
- 3.5% were threatened and hurt
- 0.4% of men have experienced sexual violence.
- Unemployment of the husband is the major reason for violence (60.1%), followed by arguing (23%) and addiction of the perpetrator (4.3%).
Legal Rights of Men in Domestic Violence Cases
There is no specific act made to protect the rights of men against domestic violence, but there are several laws under which men can seek protection. These include:
- Section 114 BNS: Hurt is defined as causing bodily pain, disease, or infirmity to another person. A man can seek protection under this section if he is suffering through hurt.
- Section 115 BNS:
- Provides for voluntarily causing hurt to someone.
- Section 115(1): Performing an act with an intention or knowledge that is likely to cause hurt to another person, and then actually causing that hurt.
- Section 115(2): Includes causing physical pain, injury, or damage to someone.
- Section 116 BNS: Grievous hurt includes eight kinds of harm:
- Emasculation
- Permanent privation of the sight of either eye
- Permanent privation of hearing of either ear
- Privation of any member or joint
- Destruction of the powers of any member or joint
- Permanent disfiguration of head or face
- Fracture or dislocation of bone or tooth
- Any hurt which endangers life or causes severe bodily pain for 15 days or makes the victim unable to follow ordinary pursuits
Misuse of Section 498A
Section 498A was added to protect women from cruelty by their husband and in-laws. However, over time, the law has been misused by some women. A law intended as a shield was used as a weapon.
In Arnesh Kumar v. State of Bihar, the Supreme Court held that a police officer must be satisfied that an arrest is necessary before making one. The arrest must aim to:
- Prevent further offence
- Enable proper investigation
- Prevent tampering or disappearance of evidence
- Prevent inducement, threat, or promise to a witness
Writ Petition
A man aggrieved by any kind of violence can file a writ petition to safeguard his rights.
Section 24 of Hindu Marriage Act
This section grants the right to maintenance to both spouses. A husband can claim maintenance from his wife if he proves that he does not have sufficient means to maintain himself due to:
- Illness
- Physical or mental disability
- Unemployment
However, the court may refuse to grant maintenance if:
- The husband’s financial condition is stable
- He has remarried
- He is able to maintain himself
Seeking Assistance from Organizations
Several organizations work to protect the rights of male victims. Men can seek help from:
- Save Indian Family Foundation (SIFF)
- Men Welfare Trust
- Daaman – Men’s Rights Organization
Social Stigmas Faced by Men
Men often face challenges while reporting domestic violence. Societal expectations of masculinity create barriers in seeking help. Common stigmas include:
- Societal Stereotypes: Men are perceived as dominant, making it harder for them to admit being victims of domestic violence.
- Lack of Awareness: Many men are unaware of their legal rights. Support services like shelters and counseling often focus on women, leading to a gap in resources for male victims.
- Legal and Institutional Bias: Laws are primarily designed to protect women, leading men to fear bias in family courts.
- Misconception About Abuse: Domestic violence is not limited to physical abuse. It also includes:
- Financial abuse
- Emotional abuse
- Psychological abuse
- Sexual abuse
Landmark Judgements
Jyoti Alias Kittu v/s The State Govt. of NCT of Delhi
In this case, the Delhi High Court ruled that both men and women are entitled to equal protection under the law when it comes to cruelty and violence. The case denied anticipatory bail to a wife who had poured boiling water mixed with chillies on her husband, causing severe burn injuries. The wife argued for leniency based on her gender, but the court denied it.
The court stated that the case highlights a broader societal challenge. Men who are victims of violence at the hands of their wives often face unique difficulties, including societal disbelief and the stigma associated with being perceived as a victim. The court further stated that such stereotypes perpetuate the erroneous belief that men cannot suffer violence in domestic relationships. Thus, the courts must recognize the need for a gender-neutral approach to such cases by ensuring that men and women are treated alike.
Raj Talreja v/s Kavita Talreja
In this case, the husband filed for mental cruelty against his wife. The issue was whether the wife’s actions, i.e., filing defamatory complaints against the husband, constituted cruelty, thereby justifying the dissolution of the marriage.
The Supreme Court’s intervention was sought after both the trial and the appellant courts dismissed the husband’s appeal for divorce on the grounds that the allegations did not amount to cruelty. The Supreme Court overturned the decisions of the lower courts, holding that the wife’s deliberate and malicious attempts to tarnish the husband’s reputation through false allegations and defamatory statements constituted mental cruelty under Section 13(1)(i) of the Hindu Marriage Act, 1955.
The Court emphasized that cruelty in matrimonial relationships is assessed based on the totality of circumstances and the impact of one spouse’s conduct on the other’s mental well-being. Consequently, the marriage was dissolved.
Hiralal P. Harsora and Ors. v/s Kusum Narottamdas Harsora and Ors.
In this case, the Supreme Court struck the phrase “adult male” from the definition of respondents in the Protection of Domestic Violence Act, thereby allowing women to be the respondents in cases of domestic violence. This means that women can also be perpetrators in domestic violence cases, thereby ensuring equal protection of law.
Manju Ram Kalita v/s State of Assam
In this case, the wife accused her husband of physical and mental cruelty and filed a complaint under Section 498A of the IPC, whereas the husband denied all the accusations. The court held that cruelty must be determined by looking at the man’s behaviour, weighing the gravity and seriousness of his actions, and determining whether or not it is likely to drive the woman to commit suicide, among other things.
It must be proven that the woman has been subjected to cruelty on a continuous basis. Petty quarrels cannot be classified as cruelty.
Role of Media in Domestic Violence
Media, often referred to as the fourth pillar of democracy, plays an important role in providing information to the general public. It also acts as the foundation for many campaigns. People believe whatever the media shows without knowing the full truth. Media sometimes tends to show a one-sided story.
In the case of domestic violence, the media majorly victimizes women and portrays men as perpetrators. There is less media coverage on domestic violence against men and more focus on women. The media seems to be more “woman-centric.”
By doing so, the media creates a scenario that domestic violence is a gender-based crime, due to which the law primarily focuses on women. This also poses a problem in accepting men as victims.
Thus, the media should not only focus on women’s rights but should also shed light on the violence happening against men. Violence against men is a very sensitive topic that has been continuously ignored for a long time. The media should raise its voice in favour of violence against men, which can help bring significant and revolutionary changes in this area.
Conclusion
It is important to note that domestic violence against men is as important as against women. Violence against men often goes unreported and is not recognised properly. it is necessary to implement laws and establish legal framework for protection of men against domestic violence. The notion that only women can be a victim shall be changed. Violence not only involves physical violence but it can also be emotional, psychological, verbal, financial, sexual which can be faced my men by their wives or intimate partners.
It is important to acknowledge these violences against men to prevent them from being traumatic and depressed which can even lead them to suicidal thoughts. Additionally, there is lack of awareness and information which can prevent man from seeking help. It shall be the duty of government and media to provide information about their rights and make some sources available related to it.
References:
- https://indiankanoon.org/doc/186779413/
- https://www.un.org/en/coronavirus/what-is-domestic-abuse
- https://mankind.org.uk/statistics/statistics-on-male-victims-of-domestic-abuse/
- https://journals.lww.com/ijcm/fulltext/2019/44010/a_cross_sectional_study_of_gender_based_violence.9.aspx
- https://dhsprogram.com/pubs/pdf/frind3/frind3-vol1andvol2.pdf
- https://legallyin.com/section-114-hurt-of-the-bharatiya-nyaya-sanhita-bns/
- https://legallyin.com/section-115-voluntarily-causing-hurt-of-the-bharatiya-nyaya-sanhitabns/
- https://devgan.in/bns/index.php?q=116&a=10
- https://northlakebh.org/the-unspoken-reality-domestic-abuse-against-men/
- https://northlakebh.org/the-unspoken-reality-domestic-abuse-against-men/
- https://www.casemine.com/commentary/in/establishing-mental-cruelty-through-defamatory-allegations:-raj-talreja-v.-kavita-talreja/view
- https://amlegal.in/top-10-domestic-violence-cases-in-india/
- https://aishwaryasandeep.wordpress.com/2022/07/10/%EF%BF%BCdomestic-violence-against-men/?utm_source=chatgpt.com
