Domestic violence faced by men is mostly ignored
By: Haadee Amin
Domestic violence is widely recognized as a significant social issue in India, with extensive legal protections in place for women under the ‘Protection of Women from Domestic Violence Act’, 2005 (PWDVA) and Section 498A of the Indian Penal Code (IPC).
However, the discourse around domestic violence in India is often limited to female victims, neglecting the fact that men can also suffer abuse in domestic settings. This gender bias in both legal frameworks and social attitudes leaves male victims of domestic violence largely ignored and without adequate legal recourse.
Understanding Domestic Violence againstmen
Domestic violence is not confined to physical abuse; it encompasses emotional, psychological, verbal, sexual, and financial abuse. While societal stereotypes often portray men as perpetrators, studies and anecdotal evidence reveal that men can also be victims of domestic violence.
This abuse may come from their spouses, partners, or even other family members. Male victims often face harassment, threats, false accusations, and sometimes physical assault, which can severely impact their mental health and overall well-being.
The Legal Framework in India: A Gendered Approach
The Indian legal system is heavily skewed towards protecting women from domestic violence, which, while necessary given the historical context of gender-based violence, inadvertently excludes men from similar protection.
The Protection of Women from Domestic Violence Act, 2005 is a civil law specifically designed to protect women from abuse by their husbands or live-in partners. It provides for restraining orders, monetary relief, custody of children, and other protective measures but is silent when it comes to male victims.
Section 498A of the IPC, which deals with cruelty by a husband or his relatives, is another law aimed solely at protecting women. It allows women to file complaints against their husbands and in-laws for mental or physical cruelty, including harassment for dowry.
This section has been widely criticized for its potential misuse, as it does not require much evidence to file a complaint, leading to allegations of harassment against men and their families. Despite Supreme Court judgments highlighting the misuse of Section 498A, there is no equivalent provision to protect men from similar harassment.
Social Stigma and Reluctance to Report
One of the most significant challenges faced by male victims of domestic violence is the deep-rooted social stigma attached to being seen as weak or vulnerable. Indian society traditionally views men as strong, dominant, and capable of defending themselves, while women are perceived as the weaker sex in need of protection. This stereotypical view not only discourages men from reporting abuse but also leads to their complaints being dismissed by law enforcement authorities and society at large.
Male victims often face ridicule and disbelief when they try to report domestic violence. They are frequently told to “man up” or to resolve their issues privately. The fear of being judged or not taken seriously prevents many men from seeking legal or psychological help. This underreporting of cases means that domestic violence against men remains an invisible issue, with very few statistics or studies available to highlight the extent of the problem.
Lack of Legal Recourse for Men
The absence of gender-neutral domestic violence laws in India leaves men with limited options for seeking justice. While men can technically file cases under general provisions of the IPC, such as Sections 323 (voluntarily causing hurt), 506 (criminal intimidation), or 509 (insulting modesty), these sections do not provide the same level of protection and support that women receive under PWDVA or Section 498A.
Moreover, there are no specific provisions for restraining orders, shelter homes, or financial compensation for male victims of domestic violence. The existing legal framework fails to recognize that men, too, can suffer from emotional and psychological trauma due to domestic abuse. The lack of shelters, support groups, and counseling services for men further exacerbates their plight, leaving them with nowhere to turn in times of crisis.
Judicial Interpretations and Recognition
There have been a few judicial pronouncements acknowledging the need to address the issue of male victims of domestic violence. The Supreme Court of India, in some cases, has expressed concern over the misuse of Section 498A and the harassment faced by men due to false complaints.
For instance, in Rajesh Sharma v. State of Uttar Pradesh (2017), the Supreme Court laid down guidelines to prevent the misuse of Section 498A, including the formation of family welfare committees to scrutinize complaints before arrests are made. However, these guidelines were primarily focused on preventing the misuse of the law rather than addressing the abuse faced by men.
Despite occasional recognition from the judiciary, there has been no significant legislative reform to introduce gender-neutral domestic violence laws. While countries like the United Kingdom, Australia, and the United States have adopted gender-neutral domestic violence legislation, India has yet to take concrete steps in this direction.
The Psychological Impact on Male Victims
The impact of domestic violence on men can be just as severe as it is on women. Male victims often suffer from depression, anxiety, post-traumatic stress disorder (PTSD), and other mental health issues. The absence of social support systems and legal recognition makes it challenging for men to cope with the trauma of domestic abuse. Many male victims turn to substance abuse or even contemplate suicide due to the lack of support and avenues for relief.
The Need for Gender-Neutral Laws
There is an urgent need for legal reforms in India to recognize domestic violence as a gender-neutral crime. Implementing gender-neutral domestic violence laws will ensure that all victims, regardless of their gender, receive adequate protection and justice. This could include amendments to the PWDVA to extend its provisions to male victims, the introduction of new laws that specifically protect men, or the creation of support systems, such as helplines and counselling centres, tailored to the needs of male victims.
Conclusion
Domestic violence against men is a real, but largely ignored issue in India. The current legal framework, heavily biased towards protecting women, fails to acknowledge the plight of male victims, leaving them without adequate legal recourse or social support.
The deeply ingrained societal stereotypes and the lack of gender-neutral laws contribute to the underreporting and neglect of male victims. To ensure justice and equity, it is imperative that India revises its domestic violence laws to include protections for all individuals, regardless of gender. Only by acknowledging and addressing this issue can we move towards a truly just and inclusive society.
(The author is a Practising Lawyer)