File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Domestic Violence: Comparative Study At Male v/s Female Domain

Violence is a kind of word, from which everyone would refrain themselves to experience the violent situation. It includes bloodshed, deaths of innocent, ruckus and hatred among people. This happens when large amount of people and involved and it's organized at a large place. But it's not necessary that it can only happen in this format only. Violence could also happen in husband wife, living couples when they are living together, share everything.

When violence does take place in this format, then it's called what is it addressed as- Domestic Violence. India has been the male dominant society, and it's still the one, but proportion may be less now, because women are also the role player in building the structure of society. Now, many people has this conception and pre determined concept that, women are the most vulnerable being which is subjected to these form of cruelty. But no being arrogant and after giving attention to present situation, we have learnt that situation is also not good for the men now. There are no laws regarding domestic violence against male members, and thus it could be very difficult for them to have justice in their hands.

Thus this study is conducted, and this could be eye opener for everyone. Many men by now would be unaware, about the laws which could protect them, if they living in this kind of situation. There has been recorded many cases, in men are going through depression, anxiety attack, and worst mental illness conditions. This is only happening because things are not going in their favor. For the readers, many would be men and many would be women and its become imperative for both to be in this discussion and know the ground reality without any flaws. And this is not only confined to India only, but this is very evident in foreign countries also.

There also change has happened and the situation is execrable now for both the genders. The researcher has tried to reap out all the material facts in this study and to present this in front of you all. Also one more motive is that, people should be educated about this prevalent problem which is now spreading in the male domain also. We are not saying that there is no cases of domestic violence against women, but know its attacking in every aspect.

The form of research conducted in this study, is doctrinal research, which includes study of laws, statutes, bills, ordinances. Also article, journals and little essence of non doctrinal research would be showing in this study. The laws, amendments and various ongoing activities in the legal fraternity, regarding issue of Domestic Violence shall be perused. It becomes very important for us that how judiciary is focusing on this issue, the role played by lawyers to get the justice for the client in the matters where there are no defined laws. Thus every person in the society should augment their knowledge in regards to their own available rights and remedies.

Motive of the research- this research focuses on the epicenter of the problem arising out in the society between married or unmarried couples which is known as Domestic Violence. The causes, engenders, remedies, various landmark judgments, how this problem is extending is domain in various aspects of the society had been discussed.

Also objective to make awake the people who don't know what domestic violence is, and what are the procedure shall be followed through which they can get a free and fair trial. The minutest details, technicalities during the ongoing probe and the cases which are under trial, how they are being adjudged, and role of judiciary or arbitration and meditation to eradicate this problem within lesser time, is the motive of this research.

Methodology- In this research the researcher has primarily focused on Doctrinal research and the elements included in this kind of research. Also, some essence of non- doctrinal research would be playing its role to make understanding for the reader more clear and prices and to the point.

Scope of the research- the scope of the research is mainly limited to Indian context but, it can surpass it and showing little about international status of the issue.

Research Questions: The questions are given as follows:
  • How the matter is being taken up if there is no fundamental and codified law in respect to that situation?
  • In this time where modernity is augmenting day by day, is this problem seriously a threat to structural foundation of the society?
  • Is it difficult to differentiate between men and women that who is more vulnerable and at the edge of problem?

it is expected that some of the problem may be faced by the researcher are search of the provision in respect to problem against men. The literature on this aspect of the problem may create hindrance to conduct smooth research.

Domestic violence may include physical or verbal abuse towards another and among the family members and between the couple either married or unmarried. The perpetrator may be mostly Men and victim is women. Have to go through tough times and have to face throes. But now situation has changed. Now, the perpetrator may be Women and victims will be men. Thus now it's revolving around different- different aspects.

The implications and consequences are unwarranted and untoward. Nobody wants to face this kind of violence as they traumatize and dampens the health conditions of the person or victim. India being a patriarchal or male dominated society, included mainly the women victims, and they are being suppressed, subjected to cruelty and humiliation, and not a case of stunning, may also includes sexual abuse.

Marital rape is one of the domestic abuses against the men or women either, on which there are no prescribed laws and regulations due to which this is not even illegal and criminal act. Think when someone is humiliating you sexually without your consent even after being the closest family members. This will create a unforgettable scenario in one's mind.

Thus, we have laws against domestic violence, for women as victims, in Indian laws and had been recognized in 'Indian Penal Code' [IPC] also there are various acts like 'Protection of Women from Domestic Violence Act, 2005. Also it is not the case like where this type of violence takes place only in family, but also children can also be subjected to domestic violence. The term domestic violence has the wider ambit and put many wider aspects under its aegis.

Children are abused by their guardians, relatives and parents for to make them work in that direction in which they want. Also the punishment and the form of reformative ways adopted by the parents and guardians mostly time may full under the category of Domestic Violence. In the study conducted by the world health organization [ WHO ] it has been stated that women from the region of South East Asia which defined as India, Africa, Maldives, Sri Lanka, Thailand and other countries falling under this region.

Women are more vulnerable to Domestic Violence, in the aforementioned countries than European countries, America, and Western Pacific. Severe and life taking diseases and health consequences are linked to Domestic Violence like HIV- AIDS, Depression, and Post violence Trauma, Anemia, chronic fatigue. Not using protections before sexual intercourse, it may also conclude to domestic violence, and it may lead to more serious sexual infections, which may deteriorate and dampens the health conditions in the serious manner. Main motive behind promoting or using the method of domestic violence is that to prove the male dominant and supremacy in the family.

Generally, when DV takes place the major reasons are being stated that, because of the things we're not going as per desires and admirations of the male member of the relationship, the relation got worsened. The females and girls are being denied their rights, they are not allowed to what they want to be and to achieve their all life ascertained goals. Domestic violence, could also occur because of the dowry issues, where girl has been asked by in laws and husband to deliver more and more dowry after marriage, and if she refuted to do so, the repercussions could go against her followed by mental torture, use of battery and criminal force against her.

Same can happen with men also, but dowry demand could not be the cause behind it. But other factors are responsible for this, like unemployed husband, not having good job, can't earn up to the expectations due to which women can't fulfill her needs and desires. Thus in these situations, women is at the stage of dominating over him, and DV takes place. There could be many form of DV which can occur which may be referred to as, control, physical abuse, sexual abuse, emotional abuse and intimidation, isolate, using male privilege and economic abuse.

Thus understanding what Domestic Violence is is not a piece of cake. It's more like growing tree and waiting for the fruits to erupt out of this. Addition to it, many judicial members, officials and apex court had worked hard to make everything clearer and ratified. In India we know judgments of Supreme Court of India, works as a precedent and thus, judicial pronouncements are given more weigh and they had furiously worked in the legal fraternity and to clear the perplexing concept of Domestic Violence.

Some of the terminologies should be discussed and we should know what it means, so we can get the crystal clear clarity on topic of Domestic Violence. [1]
  • Feticide:

    killing baby in the womb of the mother, due to social gender bias in favor of the male, without the consent on the mother before executing the plan. Even if mother wants to bear the child, the patriarchal format of our society, keep it in abeyance. Out of 8000 abortions made, it has been observed that 7999 cases were of female fetus, means there was female baby in the womb.
  • Infanticide:

    in the primitive areas, people can't ascertain about the sex of the person developing and growing in the womb. If the baby is girl or female and as soon as she takes birth, she is being dined to live in this world, and thus, they are killed by intoxicating high doses of opium, or are left alone on the corner of a road, on which they are being eaten by the wild animals. According to official reports, there is 10% higher mortality rate in girl baby child.
  • Physical rapes/ molestation/ gang rapes:

    The aforementioned crimes are violence which is seriously and highly persistent in the Indian society. The women safety is at threat, whenever they are stepping outside their home, they feel insecure and even the barbarous ideologies of the people lead to commission of these type f crime against women NCRB National Crime Records Bureau says that every 10 minutes and women is being raped in any corner of the nations, which is highly disgracing and highly shameless thing.
  • Dowry Death:

    This is also the one of the major issue prevalent in Indian subculture. Marriage in ruler India and even also in urban areas is like exchanging the daughter in terms of the price. High amount of dowry is being asked by the Groom's side to just embarrass the other people, to make it show off thing that how big community and honor they have in the community.
  • Victims of materialistic culture:

    The more and frequent use of materialistic things, is one of the engender behind the increasing fatalities and atrocities against women.

Domestic violence in Female Domain

The Preparatory At Home-[2]
DV depicts the violence occurring domestically or within the family. Spousal domestic violence is the more widely reported type of violence throughout the India. It has been learnt through surveys that marriage women have been the main victim for the acts of her husband. And unmarried victims had been subjected to violence, marooned by fathers or step father, mother or step mother, and teachers in schools.

But this is not reported or seen in majority as comparison to spousal violence. As per the survey, all those married women who had been through throes of domestic violence since the age of 15 years, 83% of them have said their husband is the main perpetrator behind these acts. More worryingly, it has recorded as per the data available that, women who have experienced spousal violence, 8% percent of them had experienced mauling during the violence, severe eye injuries, sprains and dislocation and 6% experienced deep wounds, broken bones, broken teeth or any other serious injuries.

Factors responsible behind the violence

  • Physiology and Neurophysiology:

    Across the studies conducted it has been stated that, presence of hormones in the male body like, testorone, neurotransmitter, serotonins, dopamine. These are some of the hormones or physiological factors, which could augment the aggression in husband's mind leading to violence.
  • Alcohol or alcoholism:

    The relationship of alcohol to intimate partner violence could be spurious and vexatious , but the relationship of men's drinking to intimate partner violence remains even after statistically controlling for sociodemographic variables, hostility, and marital satisfaction. Also, consuming patterns also matters in the rate of violence occurring, because every men ahs different pattern of consuming alcohol and not every men drinking is abuser or batterer.
  • Attitude, gender roles and culture:

    sometime, personality traits tends to be the factor behind the occurrence of violence against women. Attitude may not deem fix to one person in certain atmosphere and situations, it may release some hormones or neurological factors may come into play for ascertaining the same. Also gender roles are one of the troublesome reasons behind the frequent cases of DV. Because there are some fixed roles determined by the society as per the gender of the person, it doesn't mean that, that person if fully capable and fulfill those roles. And when person is not in the state of to fulfill that, the conflict may arise over those particulars roles, which may turn into DV. Thus some persons have different- different possession of skills and it keeps varying from individual to individual.
  • Poor financial support:

    economical matters and paucity of earnings in the family may lead to worsening situation between the existing relations. Obviously, whatever we have to do, money is required every times, and this is the needful things in the course of life. No one can deny behind the money as the supreme force behind ones hardwork. Thus if there are no earnings, or spouse of the women, rather than being a bread earner, he is involved in luxuriousness overlooking the family demands and needs, there must be quarrelsome, it tends to transfer into act of DV.
  • Sexual needs and Infidelity:

    sexual desires is one of the major desires of the human body, in both the sex whether it is male or female. The force is irresistible and no one can satisfy her life, without being in the sexual relations with the opposite gender. Marriage is the socially approved ceremony which grants the right to both to have the relations of consummation with each other.

    But sometimes, the needs get unfulfilled, mainly in men and they get into other illegal and hidden relations with some other woman for fulfilling some needs. Women also suffer this problem, but they are confined by the societal forces and cultural prejudices. Also there could be some natural disability relating to sexual organs in either sex, which can create hindrance in sexual intercourse and reaching to the point of satisfaction. This converts into the problem, frustration, and men dominant and can't resist them, creates the bitter situation between the two, leading to stiff, violence and abuse by either side at great amount.

Laws revolving around for protection [Female Domain]

The legal definition of the Domestic Violence has been provided in section 3 of the Domestic Violence Act, 2005, which says, DV includes:
  • Any form of abuse, whether physically, emotionally, mentally, sexual or verbal abuse, and economic abuse, or
  • Any kind of harassment, sustaining injuries to the aggrieved person, or using any coercive action or by the help of any third person, for demanding of any valuable security, or for dowry,
  • Or otherwise, causing injuries or harms, unlawfully to the aggrieved person.

So above we discussed that, in the legal sense how DV has been defined, and what were the tings and components which has been sprouted in the act.

Women have been seen as the equal human being to that of men in our Indian constitution. In the ancient past of India, like pre Vedic and post Vedic period, the status of women has always been considered inferior o\and subordinate to the superiority of the men. Domestic violence is not a recent or the modern concept, the difference is only it has been recognized by the law, has been given name, and it has been acknowledged as the criminal act.

Many ancient writers like Manu, yagnavalkya, has always asserted that women should always keep herself subordinate to the men, and all the men should have command over their women in the family, there should be no freedom or leeway granted and should always be confined to the boundaries set by the male member.

Women have always been in the game for only fluffing the sexual desires of men and nothing else. Thus as we have step into the modern world where every life matters, and everyone is being treated equal and hence the abovementioned act herein has been drafted and enacted in the year 2005, after observing the alarming spiraling the DV cases against women.

Protection laws [female]

There are various statutes and acts in Indian legal system which provides proper and demanding protection to the victim and aggrieved person to that of DV. There provisions, acts or statues have been given below:
  • Domestic Violence Act, 2005

    This act grants and entitles the women to have the security against such heinous crime happening and are being committed in the Indian society. This act prohibits and forbids any kind of violence against women, in the family by the spouse, or any unmarried women having live-in-relationship. Economic abuse, physical abuse, emotional abuse, emotional abuse, mental abuse, has been thoroughly defined in the act, and the act has been drafted scrupulously.

    Taking into consideration every aspect in the terms of violence it has been broadly dealt with various situations and laid down detailed provisions regarding protection and safeguarding interest and right of the aggrieved. It also contains the procedural follow up while going for taking a legal remedy, who can file the complaint, against whom the complaint can be filled? These are the certain questions comes into the mind of the victim while going for asking a legal help. Thus this act is sufficed in itself mentioning everything.
  • India Penal Code [IPC], section 498A

    Dowry had always been the issue in lime light after the ones marriage is completed. This the common issue nowadays, and day by day varying situations could be witnessed regarding dowry crimes. Husband and in laws of the married women are the main suspect under this section. This section talks about the offences, situation going against the women due to dowry issue, demand by in-laws.

    Under this section it has been covered that, any harassment against women by husband or husband side, leading to any injury to the body, or any harm whether it is physical or emotional is a crime. As Marital rape is not recognized in Indian law, and its gives men a infallible right to have force sex with his wife.

    But even force sex without woman's consent can be challenged under this section. Also any such act, which compels or induce women to take such actions due to which she can lost her life, or have the threat on permanent damage to her body, any limb or any other organ would also be considered as a crime. Also harms include both bodily and mentally.
  • Dowry Prohibition Act, 1961

    This act, above mentioned two acts and provisions are totally interlinked to each other. Somehow all these three acts have nexus among them. This act was enacted in the year 1961, which claims the receiving of any gift, giving any gift, for the purpose of dowry, by the either party of the couple, or any other third party in respect to the marriage, will be punished. The motive behind enacting and enabling this act was to eradicate the practice of dowry in the marriages, and leash out this increasing crime.

    But in the due course, the act proved as ineffective and powerless, because even after enacting this act, there was no improvement in the situation and the matters were still being reported. Then this act was amended in 1984, and some more provisions were added to this, which contained some detailed provisions which have to be and supposed to be followed by giving gifts at the time or marriage. But still it was not a hard hitting act, and thus provisions under IPC and Domestic Violence act was enacted and existing rules and sections were further bolstered to treat this evil of the society in further more stringent way.

Punishment under IPC for various related acts

  • Section 304B[3]:
    This section of IPC defines the Dowry Death, or serious injuries leading the life of the women to the serious stage, due to harassment and criminal act used by the husband or husband side against the women. And punishment defined for dowry death, committed by the accused, shall be punished for not less than 7 years of imprisonment, or could be imprisoned for whole life.
  • Section 305 and 306[4]:
    this section of IPC defines the offence of abetment to suicide, against the deceased person. Former section defines the offence committed by the child, insane, delirious, or has committed suicide under the influence of intoxication or any person has abetted the suicide against such mentioned person herein. Latter section defines the act committed by any person, which compels other person to commit suicide shall be punished for not less than described imprisonment or could extend up to 10 years of imprisonment. Thus if any harassing means, use by the husband or the husband side, against the women, which influenced her to commit suicide, can be punished under the aegis of this section.
  • Section 340 and 349[5]:
    both the sections are of IPC. Former section talks about the wrongful confinement with criminal intention. So if any male spouse, whether married or living in live- in- relationship, wrongfully confines her female spouse, with the motive to extort or use any coercive action or to torture her physically shall be punished under this section. Latter section talks about the, force used by anyone against other which is criminal in nature, which causes motions, or disrupts the motion, or cessation to motion to other or by use of any other substance against someone.
  • Section 314 and 315 [6]:
    these both the sections, defines the punishment and indirectly states the feticide and infanticide. Section 314 states that if any person commits such act which intends to cause miscarriage of women, or causing to death to that women with criminal intentions or without any helpful cause, the person shall be punished for imprisonment which could extend till 10 years. Latter section i.e. 315 of IPC defines the act committed by any person against the women, with intention to prevent the child of being born, or does such act that kills the child before being born, or kills the child instantly after being born shall be punished with same punishment defined under section 314 of the IPC.

Landmark judgments
In the matter name S.R. Batra .V/Smt. Taruna Batra[7] the apex court decided the clarified and ratified the definition of Shared Household given under section 2 [s] of the Domestic Violence act, 2005. Supreme Court said, that the definition is bleary and not very clear, and it clumsy to be clearly interpretated.

Thus Supreme Court defined Shared Household, as the house taken on rent or bought personally by the husband of the women and then only, that women will only be entitle to demand for the right to residence. And if in the property, if husband is not a member or does not have any involvement, the woman has no right to entitle any claim.

In the matter, D. Veluswamy /s D. Patchaiammal [8]the question raised about that if any couple residing in same residence in live-in-relationship and are not married, so does that girl oe women has right to claim and maintain action under Domestic Violence Act 2005? The apex court contended five imperative ingredients which will make the matter to be under this act, which were
  • Both person in the relationship should act as a husband and wife, and thus should be recognized as husband and wife by the society
  • That, both the person in the relationship should be of legal age,
  • That, both the person in the present live in relationship should not be having any other spouse at that time of point,
  • That, they must have lived together for shared household.

Above mentioned points were considered as the essential at the time of ascertaining the maintainability of the matter under the concerned act. Also asserted that, not all live-in- relationships should be considered under the concerned act. Also similar principle has been lad down in another case decided by the Bombay High Court in the matter named, Reshma Begum v/s State of Maharashtra & anr.

in the case named Sanjeev wankhede v/s Sandhaya wankhede[9], the issue raised that against whom the complaint can be filed? As the issue has always remained contentious given under section 2[q] of the concerned act. The given provision is ambiguous in nature, and does not clearly states the person, against whom the complaint can be legally filed. Thus judiciary has confronted this many times, and finally Supreme court has come into the play and decided that, in the above mentioned provision, male member, husband and any female member could be the person against whom the complaint could be filed easily, but all aforementioned members should be of husband side, and must had done something against the aggrieved person.

In the matter named, Krishna Bhatacharjee v. Sarathi Choudhury and Another , Supreme court examined whether the this court is the duty of court in ascertaining these kinds of method, and in the judgment they had laid down some obligations, which have to be followed by every court of law while deciding these cases and which are:
  • That every court should examine the facts thoroughly from all the possible angels, and whether the plea filed by responded to nullify claims of the aggrieved are whether correct?
  • That before putting any plaint of the aggrieved to the threshold it is the duty of the court, to scrutinize that there should not be any abuse of legal process with the aggrieved, and also that proper rule of law must have been followed, because the act enacted is the affirmative and has been enacted while considering the rights and interests of all the women entrusted under Constitution Of India.

In the next matter named, Vimlaben Ajitbhai Patel v. Vatslaben Ashokbhai Patel and ors. Supreme Court was confronted with the issue that whether the maintenance of the wife is the duty of husband under the Domestic Violence Act 2005? After coming to the conclusion court reiterated that, husband has the duty and is obliged to maintain her wife as per the provisions of Domestic Violence Acts, read with Hindu adoption and Maintenance act.

There is a clause in Constitution of India, which is article 20 [3] which states that no law which has been drafted and enacted subsequent to the offence committed shall have retrospective effect. But Supreme Court in the case named, V.D. Bhanot v/s Savita Bhanot[10], upheld the decision given by the Delhi High Court, in which retrospective effect was discussed regarding Domestic Violence Acts 2005. Delhi High Court said that, if the women has shred household with her husband before the enactment of the said act, she would be still entitled to be entertained or claim maintenance under the concerned act.

In the case relted to dowry death defined under section of 304B of IPC, a case named Satbir Singh v. State of Haryana the supreme court said that, the when the prosecution is able to proof the elements of the offence and the facts has been established clearly before the court, then the burden of proof shifts upon the defense. Also stated that provisions given under section 304B are more stringent to that of mentioned under section 498A of the IPC. The crime is non bailable, and cognizable in nature.

Domestic Violence in Male Domain

While moving towards domestic violence against men, it will raise many unanswered questions, in the mind of people. Generally, we have seen that, women are the only subject of DV and all the crimes happening around us. We always have believed and there have been many superstitions that, men do have masculinity, they have power physically, they can dominate others and thus, it would be nave of thinking that men can be ever subjected or victim of offences such as DV or molestation, rape.

But we have forgotten one thing that society has been developed, and every woman knows about her rights, and everyone is being treated equally with each other. Thus, women have developed more, and it's very eminent that these kind\d of offences could be committed against men also. Thus it has been learned by the legal jurist in India and also in international countries, that DV happens against men also, but the cases are being not reported, or can't be decided because of paucity of legislations in favor of male domain of the society. The DV could be commissioned against men in certain ways like:
  • Slurring men, using slangs and abusive phrases, amounting to mental abuse
  • Scratching upon the past incidents, this can lead to emotional stability, and called as emotional abuse.
  • Showing oppressive behavior, being over possessive at every moment of life, and getting miffed of jealousy of recognition of the male in the society.
  • Intervening with his enjoyment and precious moments with family and friends.
  • Being an authority over controlling his finances and expenses, even if he is earning well.
  • Using physical force, slapping, minor violence at frequent intervals in a day,
  • Threaten to harm or sustain injuries to him or to his family members or to punish him, without any lawful and valid justification.
  • Unknowingly aversion because of personal reason against men

Statistics show that, 1000 men studies out of which, 52.4% men have experienced gender base violence at their home or any other place, in India. 51.5% men, has faced domestic violence or intimate partner violence in their homes. That included both physical as well as emotional violence. And not forgetting, 10.5% men have faced gender based violence through their intimate partner in homes, which is slightly different to that of DV.

Thus it has been recorded in the usual course that, most ubiquitous form of violence, if being committed against men in Indian society, is physical and emotional abuse, which can be totally co-related to the points mentioned above. There could be any reasons behind the erupting violence matters against male and this is percolating in various organs of the society and also at the grassroots society, with untoward pace. This could be the factor behind the cracking of societal foundation, and could dampen the coming generation and their life lessons.

The reasons hidden and settled for DV in male domain are:
  • Gender pre determined facts and stereotypes in society:
    it is usually notices that India is seen as the male dominated society, and runs behind the authorities of men. Thus, men being victim of this kind of violence, are silent and not reporting the issues, because of the societal thinking and norms. It is very much settled that women could be only sufferer of these evils, and thus all Indian laws have been settled in favor of female domain.
  • Emotional and family pressure:
    in India we mostly follow the concept of patrilocal, where married couple lives with the family of the husband only. Thus fearing of getting insulted, and loosing the earned respect, if the incident would be reports, is one of the major cause behind this huge underreporting of the incidents, at such colossal level.
  • Financial issues and unemployment:
    not having sufficient bank balance in their accounts, poor income means, which could miffed the women or spouse of the person. Thus this is one of the reasons, why women commit the DV against men because of the insufficient money, which can't help to even fulfill the basic needs. Also the high unemployment rates amid men has been noticed from some past months, due to which many have lost their well settled jobs, and many could find new one. This creates mental instability in mind and disrupts the thinking process of the individual. And thus unresponsive person in the daily course of households would be creating the situations where DV can happen very certainly.

Effects of violence on men

Any unreported and unaccepted violent incidents may make men weaker from inside, as managing everything from officials work to taking responsibility form pin to car of house establishment. Being a bread earner, working as a official in offices, being scolded by superiors, and thus again getting into the negative atmosphere can dampen and deteriorate the health conditions in very bad manner. WHO in 2002 has stated that denial of these incidents may lead to more plunging of men, into drugs, smoking, alcoholism, increased sexual desires and high blood pressure. Also it has been noted that more suicidal rates are found amid married men, married women only thinks of committing of suicide, whereas more number then women thinking commit the suicide.

Legal issues
The very saddening and dejecting issue in the Indian legal field is that, despite of recording cases of DV and other incidents of violence against men, doesn't make any step forward to secure the interests and rights of men. Rather protecting the men against this crime, we can see other concept like Legal Bias towards safeguarding only women. The laws like Dowry Prohibition Act, and passing on of section 498A by the Supreme Court in the past years proves this and this is the living evidences that, men are the only predators and made up of iron, which cannot face any harm by the family or society.

Situation in International Domain
As per the data available this is not only confined to Indian society and Indian atmosphere only. This type of recklessness at the end of Government in terms of not drafting any descent laws in protection of men. This could be easily witnessed in surveys conduction US, UK and AUSTRALIA. It has been recorded that 1 out of 9 men, faces the DV from their intimate partner, in house or physical harm and 1 0ut of 7 men face only other violence related offences through their intimate partner.

In the UK, 2 out of 5 men faces domestic violence from their intimate partners, which stays underreported and hidden behind the faced. This popularly reputes that, only women are only subject to domestic violence and not men. The British crime records represent that, in 2004-2005 and 2008-2009, approx. 40% of men were victim of DV. But in the recent years it has slightly dipped own to 37%.

Thus these are the sufficed evidences that this evil of the society has just step into the male domain issues, and drafting laws and swift implementation of laws is need of the hour, otherwise the societal structure of marital relationship and families bond would take another and unwarranted turn.

From the above mentioned information that DV is the most found and prevalent evil of the society. The legal matters and offences related to Domestic violence are increasing day by day. We have seen that how women, have been facing this problems, the laws, the acts t\and the remedies available with themselves to take shelter under justice, which will be provided by the courts of law. We also learnt about the many factors and engenders responsible behind the offences like Domestic Violence.

Sociological issues, socio-legal issues. Mental and emotional factors, the responsiveness of human body in these kinds of situations, also matters behind the commission of such offences. Also some pre Vedic and post Vedic Hindu literature, Vedas and such kind of readings, which defines the status of women, the way they should be treated, should not be followed in these modern times, where various new concepts had emerged which talks about the more advanced ideologies, and way to bring tranquility and harmony in the society, rather than following this primitive ideologies, which crated unnecessary and unwarranted conceptions, which wholly destroys the social structure.

The stereotypes against men that, this particular sex cannot face such offences and this cannot be subjected to cruelty, has been developed because of those primitive readings and literature, and it will need more and more upcoming years to just weed out these conceptions from the society, because the roots of these has been cemented by our elders, which doesn't make any sense in today's times, where there are notions like equality, equity, gender neutrality.

Thus sidelining these things, we should work towards bringing equality in the society. Article 14 of the Indian Constitution defines the, equality before law for every individual, then why the laws are only advocating the interests of women only. It very evident that cases are being surfaced against women, and despite of this well known fact the governments are silent and no action is being taken to consider this execrable situation. It's high time that these issues should be drafted against these times of silent killing of men, and it could be tackled by effective means like awareness campaigns and role of Apex court, could play an imperative and laudable role in deciding the fate of this problem.

Also we had gone through various judgments dictated by the apex court, and which we have noticed one thing that everything was in the favor of women, only and which represents the hyped gender bias roles. Also the misuse of section 498A of IPC by women, to just take the unjust and undue advantage of having privilege by the laws, shall also be looked into. Also we confronted several laws and acts in which women can claim for the maintenance and under which they can file the complaint against the predator.

There is not only one law, but several other laws are implemented, which helps to clarify and make things more sharper if something seems to be bleary. Thus focusing on every aspect of the society, we should consider everything's, proper scrutiny of facts shall take place, proper rule of laws shall be followed, and matters should not only be adjudicated only on the merits of gender of the aggrieved person.

  • With respect to the unavailability of laws, proper guidelines and framework should be prepared for the situations arising out and there are no particular laws to entertain them.
  • Surveys, interviews, case studies, and non doctrinal method could be used to know the present situation in the society, and as per the collected data and analyzing it, the final decisions could be taken and then the particular regulations or provisions or acts could be enacted.
  • If the laws are available, then swift and careful implementation should be done, and court and the legal jurist should be very attentively scrutinize the facts, and then only the rational of the judgment shall be followed with.
  • If the existing laws, depicts some flaws or doesn't deem fit as per the recent trend in these kinds of matters, those provisions could be amended with, and also, new explanations and provisions could be inserted into those excising one.
  • Police officials should be clear while preparing the charge sheet in such criminal matters, and because it could be the base of whole case and one wrong charge against the accused could make the case trickier and will consume more time. Thus from the primary level, detailed investigation of facts and situation should be taken into consideration and then only, charges should be framed against the victim.
  • Accurate and detailed mechanism should be drafted to report the cases, as in the recent trends it has been seen that, the cases of DV against men are underreported and this may create further obstacles and hindrances in drafting the provisions and laws. thus there should be guidelines dictated and formulated by the Supreme Court only, which will be followed as next to law because, the judgments of apex court in India is referred as the precedents.

  • Prarthna Kumari, Laws Against Domestic Violence In India, Soo Legal, Dop- 3 September 2020 [
  • Important Judgments on Domestic Violence Act, 2005,, Dop- 11 February 2019 [
  • Find's lawteam, Domestic Violence Against Men, Find law. Dop- 15 October 2018.
  • What is domestic Violence, ywca Yakima, []
  1. By- Dr. Prescila Sheron, Domestic Violence Against Women In India: A Family Menace, Volume-4, Indian Journal of applied research, Pg. 147
  2. By- Sumedha Kirti, Every Third Woman in India Suffers Sexual, Physical Violence at Home, NEWS 18, Dop- February 8 2018, Top- 9.41 pm. [ ]
  3. Section 304B, IPC,1860
  4. Section 305 and 306, IPC, 1860
  5. Section 340 and 349, IPC 1860
  6. Section 314 and 315, IPC, 1860
  7. S.R. BATRA SMT.v/s TARUNA BATRA, Appeal [ civil] 5837 of 2006
  8. D. Veluswamy /s D. Patchaiammal, 1991 2 SCC 375
  9. Sanjeev wankhede v/s Sandhaya wankhede, Crmnl. Appeal, 271 of 2011
  10. V.D. BHANOT v/s Savita Bhanot, 2012 3 SCC 183

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly