Domestic violence is always discussed in relation to women. Man is always
considered as the perpetrator. However, because of the socioeconomic changes
affecting the family structure in recent times, domestic violence is not limited
to women only. Men also are abused verbally, physically, emotionally,
psychologically, and sexually. Men do not report these abusive behaviors and are
silent victims of the consequences.
As the laws in our society favors women as
victims of violence, these hapless men do not get justice for their pitiable
condition in the family and society. This article attempts to explore the extent
of this problem and highlights its causes and effects. There is a need for
gender neutral laws for domestic violence.
"At his best, man is the noblest of all animals; Separated from law and
justice, he is the worst.
" - ARISTOTLE Pran-nath, Pati-parmeshwar - these were
the terms, which were used for the husbands by their wives. Husbands were the
God for that time of wives. Wives kept the fasts, until their husbands returned
alive from the war. Even, the wives at that time sati themselves in the fire of
funeral of their martyr husbands, as the wives deemed their life of no meaning
without their husbands. Wives were so dedicated to their husbands. It is not
difficult to conclude that in the early stages of civilization women had an
existence no better than a slave.
However, such references to scriptures are
liable to be misleading regarding the status of women in society, as they were
contextual. Wife enjoyed full rights and regularly participated in religious
ceremonies with her husband. In Vedic period, the status of woman was not low.
They enjoyed adequate rights in social and religious fields. Ramayana provided
that the faces of women are like flowers; their words are like the drops of
honey, but their hearts are like sharp razor; the interior of them no one can
know. It is also held in the Mahabharat that women are the root of all evils.
Women, generally, are misusing the laws for taking their revenge against their
husband or any other men. This is what we known as clear misusing the laws and
her position, against the men, which ultimately violates the rights of men. Due
to her ego, females are violating the rights of men. The dowry cases, sexual
harassment cases, eve-teasing cases are some examples of misuse by women against
Many a times, Readings in Early Indian History - Women in Early Indian Socities, B. D. Chattopadhyaya Women and Society in India, Neera Desai and
Maithvi Krishnaraj women themselves know that they are doing wrong, and even
then they proceed on the way as their ego comes between.
Being a man, his life is very typical, because it is pre-decided that are men
are strong and the wrong-doer is always a man. Society or the court does not see
the particular case. Their mind has already set that women can do no wrong and
all the women are the weakest creature, surviving on this planet. The emotional
touch, given by a woman, turns the whole case in her favour, neglecting the
rational procedure for deciding the matter.
When the things are going in right
way, all is good, but when the situation get worst, woman turns those happy
incidents into the evidence of her harassment by man. What is this? She
manipulates the situations, as she wants, and man is just the puppet in her hand
in that situation. If that is harassment, why did she not complaint at that
time, when the things were going wrong according to her? Why did she wait for
the situation to get worst?
All because she knows that she can show the
situations in the manner, in which she wants, as she is "pre-defined victim" in
all cases. Media plays the assisting role to women in violating the rights of
men. It shows generally, the man as an accused and the woman as the serious
victim. Although, this may be true in some cases, but most of the cases are
opposite to this. Media pre-trial affects all the persons in the society.
before the actual trial of the man before the court, media set the mind of the
public that men are always be an accused. Court decides it later whether the
accused man is a convict or not, but by the effect of media, society decided on
the very day of the reporting of the case that the accused man was the only
convict. He would have surely committed the said Socio-Legal Status of Women in
India, Rama Mehta Introduction Being a man, his life is very typical, because it
is pre-decided that are men are strong and the wrong-doer is always a man.
Society or the court does not see the particular case.
Their mind has already
set that women can do no wrong and all the women are the weakest creature,
surviving on this planet. The emotional touch, given by a woman, turns the whole
case in her favour, neglecting the rational procedure for deciding the matter.
Often a woman, when achieve new heights in her field, that moment is the moment
of celebration, but when this celebration turns into her ego, then this corrupts
the whole environment and specially, of her husband, father, son and her male
When the things are going in right way, all is good, but when the
situation get worst, woman turns those happy incidents into the evidence of her
harassment by man.3 What is this? She manipulates the situations, as she wants,
and man is just the puppet in her hand in that situation. If that is harassment,
why did she not complaint at that time, when the things were going wrong
according to her? Why did she wait for the situation to get worst?
she knows that she can show the situations in the manner, in which she wants, as
she is "pre-defined victim" in all cases. Media plays the assisting role to
women in violating the rights of men. It shows generally, the man as an accused
and the woman as the serious victim. Further, government is creating the new
(special) laws every another day for the women, in which the government clearly
neglect the aspect of men.
Government forgets that, it is true that there may be
some men, who are accused, but there are a lot of other men, who are innocent,
who have their own rights. So, why should they be victimised and harassed, by
attending the courts or any other institutions in fake cases by women? The
Criminal Law (Amendment) Bill, 2013, which got Presidential assent on 02 April,
2013 and is in effect as The Criminal Law (Amendment) Act, 2013, is less in
favour of women and more targeted against men.
The basic rights of men are again
more restricted by the new amendments. There are very strict restrictions on the
movement of men under new amendments. Men can't move here and there. They can't
see, where there is a lady sitting or standing, otherwise they will be charged
for Voyeurism under section 354-C of Indian Penal Code. They can't go towards
the way, where a woman is already going, otherwise they will be charged for
Stalking under section 354-D of Indian Penal Code.
Pulls and pushes is a normal
routine in the over-crowded public transports, but this will be treated as an
offence according to new amendments of Criminal Law. How men will survive in
these strict restrictions? Where are the human rights of men, being a human
being? Men are the puppets in the hands of women.
Main objective of the present study is to appraise various aspects related to
harassment of men by women with the help of laws enacted for their protection;
Specific Objectives of the study are:
Statement Of Problem
- To critically examine the laws for protection of women.
- To look into the lacunae in the existing laws with respect to the laws
for protection of men against fake/vexatious cases filed against them by
- To make suggestion for an appropriate legal and regulatory framework for
enactment/awareness for enactment of laws for men against their mental as
well as physical harassment.
- There are numbers of laws for protection of women in India but no such
laws for protection of men.
- There is gender discrimination in every field; social, economic and
political with respect to men and women. Many times men are abused in these
fields but they do not report their grievances at even workplace.
- Women are making abuse of laws which are created for their benefit and
protection to take revenge and there is no proper action taken against such
women as well as no proper machinery to look into such matters and providing
justice to men by implementation of proper laws and policies for them.
India serves as a source, transit and destination of the harassment of men by
women by enacting number of laws for their protection which is being misused by
them by putting men to cruelty and resulting in harassment of men.
The methodology adopted for preparing this paper is based on a qualitative
explanation. There is a use of secondary resources like books, research papers,
digital resources, various sites, etc. for data and information collection.
Protective Laws For The Benefit Of Women
Special Rights For Women, Violating The Fundamental Rights Of Men:
The principle of gender equality is mentioned in the Constitution of India. The
preamble, Fundamental Rights, Fundamental Duties and Directive Principles of
State Policy has the mark of this principle.
The Constitution provides equality
to women, along with the powers to the State to use the modes of positive
discrimination in favour of women. As we have rule of democracy in our country,
our laws, development policies, plans and programmes have the object to promote
the advancement of women in different spheres.
India has also ratified different
conventions at international level and documents relating to human rights, which
are targeted to secure equal rights of women. The Convention on Elimination of
All Forms of Discrimination against Women (CEDAW) is the most important
convention, which was ratified by India in 1993.
Articles in the Constitution of India: The Constitution of India provides
equality to women. It also provides the powers to the State to use the modes of
positive discrimination in favour of women. The states have such power so that
they can neutralize the economic, social, educational and political
disadvantages faced by women in various fields.
Fundamental rights ensure that
all persons are equal before the law and all have equal protection of law; no
citizen will be discriminated on grounds of religion, race, caste, sex or place
of birth, and all citizens will have equal opportunity in matters relating to
employment. Articles 14, 15 (j), 15 (3), 16 (2), 23 (1), 39 (a) to 39 (d), 39
(e), 42, 46, 47, 51-A (e), 243-D (3), 243-D (4), 243-T (3), 243-T (4); and 73rd
and 84th Amendment of the Constitution are of specific importance in this
regard. Constitutional Privileges:
- Article 14: Women are equal before law.
- Article 15 (i): The State will not to discriminate against any citizen on
grounds only of religion, race, caste, sex, place of birth or any of them.
- Article 15 (3): The State will have to make any special provision in favour of women and children.
- Article 16: All citizens will have equality of opportunity in matters
relating to employment or appointment to any office under the State.
- Article 39 (a) and (d): The State to direct its policy towards securing
the right to an adequate means of livelihood equally for men and women; and
both men and women will have equal pay for equal work.
- Article 39 A: The State to promote justice, on a basis of equal
opportunity and to provide free legal aid by proper legislation or any
scheme or in any other way to ensure that no citizen by reason of economic
or other disabilities will be denied of the opportunities for securing
justice. (vii) Article 42: The State to make law for securing just and
humane conditions of work and for maternity relief.
- Article 46: The State to promote the educational and economic interests
of the weaker sections of the people with special care and also to protect
them from exploitation and all forms of social injustice.
- Article 51 (A) (e): To promote the spirit of common brotherhood and harmony
amongst all the people of India and to left the practices not beneficial to the
dignity of women.
- Article 243 D (3): According to this Article, "One-third (including the
number of seats reserved for the Scheduled Castes and the Scheduled Tribes
women) of the total number of seats, to be filled by direct election in
every Panchayat, shall be reserved for women and such seats shall be
allotted by rotation to different constituencies in a Panchayat."
- The Hindu Adoption and Maintenance Act, 1956
- The Protection of Women from Domestic Violence Act, 2005
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
- The Hindu Adoption and Maintenance Act, 1956 (xviii) The Immoral Traffic
(Prevention) Act, 1986
- The Maternity Benefit Act, 1961 (Amended in 1995)
- The Dowry Prohibition Act, 1961
- The Medical Termination of Pregnancy Act, 1971 ( The Contract Labour
(Regulation and Abolition) Act, 1976
According to the data of the National Crime Records Bureau, 1,50,000 men had
committed suicides in the year 2005 and 2006. These numbers of men is very
shocking because just 50,000 women had committed suicide in those years. All
this data shows the pitiable state of affairs of Indian men. Around 1,08,000 out
of these 1,50,000 men, were suicides by husbands. The government, that is
earning 82 % of taxes from these men, can easily explain the reasons behind all
Opposite to it, the government has ignored the position of men. The men
have the lack of protection and proper voice. Men are aggrieved of the domestic
violence and also the victims of the misuse of these laws. 1% cases of domestic
violence and dowry harassment, filed against men and their families, are true
and rest of the cases is false and fake.
These fake cases are filed with wrong
intention to extort money and it is unfortunate to say that all is done in the
premises of the court itself. In last, woman wins the case, which was fake and
false from the first moment. All due to the presumption by the court that women
are in the weaker position in the society.
In Sandeep Kaur v. State of Punjab and another
, the wife had made a complaint
under the Protection of Women from Domestic Violence Act, 2005 against her
husband, by which she got an order in her favour of getting two rooms in the
house of her husband, for living separately. On Sep. 24, 2013, she lodged a fake
F.I.R. against her husband under S. 376-B and S. 506, I.P.C. at Police Station
Division No.8, Jalandhar (Punjab).
The trial court struck off the charges of the
respondent husband under S. 376-B and S. 506, I.P.C. and acquit him by giving
benefit of doubt. In an appeal, the Double bench, of Justice T. P. S .Mann and
Justice Ramendra Jain, of High Court of Punjab and Haryana, on Jan. 11, 2016
There is difference between the initial version of the appellant
wife regarding the date of offence and her statement in her cross examination.
She did not tell about the incident for around 8 days to any person. The above
conduct of the appellant wife is highly improbable and unnatural because huge
litigation i.e. divorce petition, proceedings under Section 125 Cr.P.C. as well
as the complaint under the Act was going on between the appellant wife and
respondent husband. If respondent husband had got opened the door of her room on
the pretext of illness of their baby, in such an eventuality, it cannot be
expected from a man of prudence that she will not raise any grouse or disclose
her forcible rape by respondent husband to anyone.
It is unexplained on record
that she was forcibly raped by him and why the appellant wife kept on opening
the door for respondent husband on the subsequent dates i.e. from 15.09.2013 to
20.09.2013, more particularly when relations were strained in between them and
their children were also not staying with her and she kept on allowing
respondent husband to commit rape with her against her wishes.
earlier occasion also the appellant wife got registered false FIR No. 300 dated
27.10.2009 under Sections 376/498A/120B, I.P.C. against respondent husband and
his parents in which they were acquitted.
Hence, the above conduct of appellant
wife also puts a dent in the prosecution story. Even otherwise, F.I.R., in the
present case, was lodged belatedly by the complainant wife, because as per her
complaint, respondent husband had committed rape with her on 14.07.2013, but
F.I.R. in the instant case was lodged on 24.09.2013.
Even if, it is presumed
that the dates of occurrences i.e. 14.07.2013 to 24.07.2013 were mentioned
wrongly, in that eventuality, there is no explanation on the file why the prosecutrix kept mum for four days and got lodged the F.I.R. on 24.09.2013.
Admittedly, the respondent is the husband of appellant wife and their relations
were not healthy. Thus, it can safely be presumed that the appellant wife for
taking revenge got lodged the present false FIR against respondent husband. The
appellant in her cross examination also admitted that tenants were also residing
on the upper floor of the same house in which she was residing.
Her above deposition clearly proves beyond doubt that respondent husband was
usually visiting the appellant wife even after the occurrence, but she did not
take any action against him, which means that with her consent, alleged
intercourse was committed by respondent husband with her. Hence, the order of
the trial court was upheld by the double bench also, and the respondent husband
was rightly acquitted from the charges under s. 376-B and s. 506, I.P.C."
According to Indian laws, a man is always guilty of harassing his wife for
dowry. Indian society, including policemen and judiciary, would never believe a
man, if he complains of a woman harassing, blackmailing or beating him, even if
he has complete evidences. It is presumed that it must have been his fault.
Indian laws consider all men as regular sex-offender, women is always treated as
Misuse Of Protective Laws By Women In India
Gender biased laws The laws are supposed to make deliver justice to its
citizens, irrespective if they are rich or poor, male or female, animal or
human. But, what happens if the law itself is biased?
Here are some Indian laws,
which are gender biased and have amounted to lot of controversies:
- Dowry death laws:
If a woman dies of an unnatural death within 7 years of marriage, a
criminal case is to be filed against the husband under s. 304-B, I.P.C. If the
investigation leads to any slight proof that she was being subjected to cruelty
and torture for dowry by him or any of his relatives, the death will be
considered murder for dowry. The punishment will be imprisonment for seven years
for the husband and the relatives.
- Laws for sexual harassment and rape:
A woman can just go to the police
station and file a first information report, accusing the man for rape. The man
will be arrested immediately without any proof or investigation. This has become
a weapon for some cheap woman to ruin the life of man and his family's name in
two minutes. This amendment was made in 2013.
- Domestic Violence Act and other laws:
This is the most draconian law ever
and was referred to as "legal terrorism" by the Hon'ble Supreme Court of India.
Under this law, if a woman goes to the police station and files first
information report against her husband and his family, accusing them of domestic
violence under the Domestic Violence Act and s. 498A, I.P.C., they are
automatically considered guilty. It would be their job to prove themselves
innocent or else, rot in jail. This section is non-bailable and
non-compoundable. In most cases, arrests were done before investigation.
However, Supreme Court saw the misuse and took a corrective step later, and that
is that the arrests to be made only after magistrate's nod only.
Now, consider this scenario. Ravi and Rekha are married to each
other. Amit is another person. Rekha and Amit decide to have intercourse. This
is not rape nor done forcefully, but purely consensual. What Rekha did was
adultery s. 497, I.P.C. - had physical relation outside marriage. Though this is
not a crime, but is morally not acceptable and has legal consequences. The legal
consequences amounting to adultery are Amit is imprisoned for five years with
She does not have to face a single thing. Why? Because woman are
not considered as punishable, even as an abettor. The lifelong trauma that often
ends in suicide. Even if the man is let off the false charges thrown at him by
liars, will it be easy for him to let go of the mental trauma, he went through
Seeing his old parents rotting behind the bars? For facing such insult by
society, when he did not even do nothing. Justice is absolute right, but laws
like these are only convenient for woman, who just wants to take revenge for
nothing. In 2011, 19,772 cases were filed under S. 498 A, IPC, the conviction
rate was only 6.5 %. Rest of the cases was false.
Justice Dhanuka also observed the judgment and principles, laid down in Manoj
Madhukarrao Pate v. Sou. Vijaya Manoj Pate, that, "the wife who had filed a
false complaint against the husband and his family members under section 498A of
IPC, and the husband and his family members having been acquitted, the husband
was entitled to seek divorce on the ground of cruelty under section 13 (1) (ia)
of the Hindu Marriage Act, 1955 against the wife."
2. Daughter-in-law trespassed into the property of her mother-in-law One of the
courts at Delhi has observed and said that those laws, which are provided to
women for their protection, are being misused highly in the present scenario
against their in-laws.193 The judiciary is bound to prevent such practice across
the country. Such observation and statement by the court was made, while
providing relief to a widowed, aged 70 years.
Her daughter-in-law had residing
illegally after making illegal trespass in to her house. The case showed the
mentality of the woman, how she misused the special laws for suppressing the
voice of her in-laws and breaking them from inner side. The judicial system
never allows such misuse in the society. They surely have to work in this
direction so as to prevent these type of malpractices.
In Kavita Chaudhri v. Eveneet Singh and others
, Delhi High Court ordered
The woman, who was estranged from her husband, was restrained from taking
possession of her mother-in-law's house in a posh locality in South Extension,
New Delhi. Accepting the plea of 54-year-old widow, Kavita Chaudhri, Justice
Jayanth Nath passed a decree in her favour, as she claimed that the house in
question was gifted her by her father.
The court had restrained the daughter-in-law from taking possession of the
house, by saying that the defendant no. 1 (daughter-in- law) had no right to
continue to reside in the suit property or to disturb the possession of the
plaintiff's (Chaudhri) property in South Extension, New Delhi. There was no
merit in the contentions of defendant no. 1. Accordingly, a decree was passed in
favour of Chaudhri and against defendant No 1, restraining the defendant No 1,
her agents, representatives etc. from entering into premises D-32, South
Extension Part-II, New Delhi."
3. Loopholes of Indian authorities Apex court said that:
anti-dowry law is being misused by disgruntled wives, but the fault for the
misuse doesn't lay solely with the women, but also with law enforcement
agencies. The practice of the bride's family giving cash, furniture or jewelry
to the groom's family, as a help to cover marriage expenses, otherwise known as
dowry, has been part of Indian society for centuries. Although, outlawed in the
1960's, the age-old custom persists, leaving women vulnerable to harassment,
beatings and even worse in the case of a dispute. In order to safeguard women
from such abuses, the so-called anti-dowry law was introduced in 1983.
to India's National Crime Records Bureau, over 8,200 women were killed still
across India in 2012 due to disputes over dowry payments given by the bride's
family to the groom or his family. Moreover, the conviction rate for such crimes
remained at 32%. But, India's Supreme Court ruled on July 1, 2014 that
anti-dowry regulations were now being increasingly used as weapons, rather than
shields by disgruntled wives and ordered the police to follow a nine-point
checklist before arresting anyone on a dowry complaint.
Out of 100 investigated cases under section 498-A of the Indian Penal Code, only
in two cases are the accused convicted. In most of the cases, where there is an
acquittal at the District Court, the matter is not taken up by higher courts.
Only when there is a conviction at the lower courts are the cases taken to
4. Section 498A of I.P.C. and its misuse against husband
S. 498A was enacted to empower women against harassment for dowry and domestic
violence. Now-a-days, the cases of misuse of this provision have become a daily
routine. It is sad to say that the Supreme Court in the historical case of
Sushil Kumar Sharma vs. Union of India222 has condemned s. 498A as 'Legal
Terrorism'. Wife frequently misuse s. 13 (1) (ia), the Hindu Marriage Act, 1955
to harass the husband, this section provides for cruelty as the ground for
Around 5,35,237 cases under s. 498A, I.P.C. were lying undecided in
various courts all over the country till December, 2015. In total 11,63,732
persons were entangled as accused and falsely implicated in those cases,
excluding Punjab and Haryana High Court. This calculation makes it apparent
that the situation of family matters is degrading regularly.
At both national and international level, various courts have admitted that men
are being harassed by women for gaining their personal benefits through misusing
the laws, which are provided to the latter for the protection of their rights.
The courts do not felt ashamed for awarding punishment to women for the
commission of wrong by them. It is a good start for the protection of interests
It was felt by the family court that a woman, who is well-qualified, cannot
claim any maintenance from her husband. While dismissing the application of a
dietician, in which she was claiming Rs. 2 lakhs per month as maintenance. While
dismissing such application, the family court at Mumbai on 08th March, 2015
said, "The wife, who is well-qualified and claiming maintenance by sitting idle,
is not entitled to get maintenance.
The wife is not entitled to advantage of her
own wrong, she cannot harass the husband on the count of maintenance though she
is capable to earn." The lady filed the petition in 2013, in which she made
complaint that since the marriage, her husband and in-laws had not behaved well
with her and physically and mentally exploited her for being fewer dowry.
According to her complaint, her husband and in-laws wanted Rs. 50 lakhs, gold
ornaments and a luxury car at the time of marriage. On non-fulfillment of the
demands by her parents, they made her to bind to go to her parental house and
live at a separate place since April 2011.
An overview of present scenario reveals that India serves as a source, transit
and destination of the harassment of men by women. The collaborated and
protected system in India further makes it a complex, multi-layered and
multi-dimensional problem. Men are being charged by women in numerous of cases
by misusing the special laws for women.
Violation of section 498A, IPC, its
goals and its aims is on the rise with the woman frivolously making false
allegations against their husbands with the purpose of getting rid of them or
simply hurting the family. The abuse of this section is rapidly increasing and
the women often well- educated know that this section is both cognizable and
non-bailable and impromptu works on the complaint of the woman and placing the
man behind bars.
When women accuse their husbands under s. 304-B and s. 498A, IPC by making the offence non-bailable and cognizable, if the man is innocent,
he does not get a chance quickly to get justice and "justice delayed is justice
No support from the society and no protection of laws for men. The society and
the government are not taking care of men, who are victims of domestic violence.
It is a serious problem worldwide. Domestic violence over men is not punished or
treated as an offence under any of the laws.
Opposite to it, special
provisions given to women for their protection are framed in such a way so as to
harass men. Organizations, in favour of women, have stressed in a single voice
to implement the Domestic Violence Act in India. According to them, victims will
be empowered by the said Act, and further they will be protected by the Act. In
majority, it is accepted in the society that domestic violence should not be
done in the family. It is in exceptional cases that the Act would be used to
protect the victims from their spouse. This would further protect the children
of the spouse emotionally, morally and mentally.
After completing the whole study and analysis over the problem, the following
suggestions can be made for resolving of the problem and betterment of men in
comparison to women, legally, socially, mentally, economically and politically:
Need of "an effective Act" to safeguard the interests of men: Every year more
62,000 married men are committing suicide in the country.
Often we hear news
of men committing suicide after the police forces them to stay with their
abusive wives, else the police threaten them with arrest. There is no social
acceptance of a harassed and victimised man. Often when men share their
problems, they are ridiculed and belittled by society. Hence, society and the
government need to understand this, and for it a law for the protection of
harassed males, specially for husbands, is required.
Written By Adv. Nilam Sampat Shevkari
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