This article is written by Nabanita Goswami, BALLB, 4^TH year, 7^th semester, Durgapur Institute of Legal Studies, Durgapur during her internship at LeDroit India

Keywords

Domestic Violence, Abuse, men, relationship, victim, behaviour, society.

Introduction

Domestic Violence, also known as Domestic Abuse, is a pattern of behaviour in any relationship that is used to obtain or keep control over an intimate partner. Such abuse can take form in many ways like threats or acts that are physical, sexual, emotional, financial, or psychological. When we discuss Domestic Abuse, ‘women’ is the first word that instantly comes to mind. However, the notion that only one gender is impacted by such spousal abuse is merely absurd and very stereotyped. The abuse that men go through in such fiduciary relationships is often overlooked in our society. It is a very complex issue that exists not just in India but in other parts of the world. Although the narrative that only women get subjected to such violence is prevalent in our society, it is important to acknowledge that men can also become victims of such domestic abuse.

History of domestic violence laws in India

Before digging into the problem of domestic violence experienced by men in India, we have to look into the history of Domestic Violence laws in India.

In India, the Domestic Violence laws are dealt with as per the provisions of the Protection of Women from Domestic Violence Act, 2005. This act was the first significant attempt to

scrutinize domestic violence as a punishable offence. But the act was not an easy one to pull off. It took several years for the Indian system to empower women. The 1970s saw a feminist movement which led to The Criminal Law (Amendment) 1983 and as a result, Section 498A was added to the Indian Penal Code. As per Section 498A of IPC, cruelty to a wife by a

husband or any of his family members was illegal and a cognisable and non – bailable offence which is punishable by up to three years in jail and a fine. The word ‘Cruelty’

introduced in this provision referred to both physical and mental abuse. In 1986, another provision was added to the IPC, i.e., Section 304B which made dowry death illegal. Although these two laws were first hailed as victories, it soon became apparent that they were diverting attention away from the daily violence that women confront for reasons unrelated to dowries. Thus, a need for better legislation to address the loopholes and limitations of these provisions was felt.

Later on, the non-governmental organization Lawyers Collective was requested by the National Commission for Women (NCW) to create the Domestic Violence Bill. The constitution did not even recognize the existence of domestic violence prior to this bill. Words like “domestic violence,” “domestic relationship,” “shared household,” “right to residence,” and “protection officers” were defined in the bill. In 2001, a separate bill named, ‘Protection from Domestic Violence Bill, 2001’ was introduced in the Lok Sabha. This bill received a lot of backlashes due to some shortcomings and was sent to The Parliamentary Standing Committee on Human Resource Development for review but was lapsed due to the dissolvement of Lok Sabha in 2004. In 2004, the bill was again presented before the human resources development minister and finally was introduced to the Lok Sabha in 2005.

Despite the implementation of this act, currently it has many limitations and one of them is the lack of inclusion of male members of the society.

Legal provisions and definitions related to domestic violence on men

The Domestic Violence Act of 2005 offers remedies aimed at better safeguarding the rights of women as stipulated in the Indian Constitution. The Act provides for monetary relief, counselling, medical help, child custody, and the ability to live in the joint household as forms of relief, remedy, or recompense. Due to the problems’ strong focus on women, the Act was particularly designed to address them and offer remedy. Although these remedies would have been accessible under ordinary law, the act’s enactment guaranteed that they would be made available to women who were victims of domestic abuse.

Regarding Domestic Violence concerns that males in India experience, there are remedies available under the Indian Penal Code, 1860. These remedies include incarceration as well as fines and/or damages awarded by the court. Additionally, there are numerous rulings establishing the amount of maintenance due and even. Such remedies are listed as follow:

1. Section 319 of IPC which defines the offence of Hurt as any bodily pain, disease or infirmity caused to any person.
2. Section 320 of IPC which deals with grievous hurt which includes any permanent

damage, fractures, permanent damage to powers of any member or joint or any hurt that endangers life and section 324 defines punishment of grievous hurt which is

imprisonment which may extend to seven years and shall also be liable to fine.

• Section 321 & 322 of IPC deals with the intention of causing hurt voluntarily. While section 323 defines the punishment for it which is imprisonment which may extend to one year or fine which may extend up to Rs 1000 or both.
• Section 339 to 348 which deals with the aspects of wrongful restraint and confinement with a maximum punishment of 3 years.
• Section 349 to 352, 355 & 357 which deals with the offences of criminal force and assault for which punishment is defined up to five years or fine or both.

Even although there may not be a specific law for men who are victims of domestic abuse, it is always a good idea to enforce the Indian Penal Code to protect one’s legal rights. The legal system is always changing as a result of numerous rulings upholding the rights of men who are experiencing abuse, problems, or other unease in their married household.

Men as Victims of Domestic Violence

Although women are frequently the victims of domestic violence in India, men are also abused, despite the fact that this problem is not as widely recognized. Men are abused emotionally, physically, and financially in marriages and relationships, but they are

frequently silenced by cultural norms, societal expectations, and the stigma associated with being male victims. Since the Protection of Women from Domestic Violence Act (2005) only applies to women, there is no special legal structure in India that acknowledges men as victims of domestic violence. Because of this, male victims could feel disregarded by society norms and the legal system. Men find it challenging to report or seek assistance for domestic abuse due to a lack of knowledge, social support, and legal recourse.

It was discovered that there are 29 cases of spousal abuse against men per 1,000 in India. According to NFHS-4, the percentage of married women who abuse their husbands ranged from 2 per 1,000 in Sikkim to 90 per 1,000 in Tamil Nadu. With the exception of Sikkim, Goa, and Mizoram, it was noted that the frequency of domestic violence against husbands rose sharply in most States between 2005–06 and 2015–16. In nuclear families, the incidence of violence against the husband was greater (34/1,000) than in non-nuclear families (28/1,000).

There’s no arguing against the fact that men abuse their personal partners. However, there is no justification for not having laws to shield males from the same. Human rights and gender equality apply to everybody. The Indian Constitution forbids discrimination on the grounds of caste, religion, colour, sex, or place of birth, and Article 14 gives citizens the fundamental right to equal treatment. Every Indian citizen has the right to life and liberty, according to the Indian Constitution. As a result, the current legislation needs to be modified as needed.

Legal gaps and challenges faced by men (3 and 4 integrated)

There are several challenged that are faced by men due to domestic violence against them. Some of them are elaborated as below:

1. Gender specific laws: The Protection of Women from Domestic Violence Act (PWDVA) of 2005, India’s main domestic abuse statute, was created with the protection of women in mind. Male victims are not covered by it.
2. Limited legal recourse: Men who experience abuse have fewer legal choices because there are no laws that are gender-neutral when it comes to domestic violence. They might be forced to rely on the Indian Penal Code’s general provisions, which are not designed with domestic abuse cases in mind.
3. Social stigma: Men who disclose domestic violence face a significant societal stigma that may discourage them from getting support or taking legal action.

• Absence of support services: Male victims of domestic abuse in India have few options because the majority of shelters and programs are tailored for women.
• Fraudulent charges: According to some, males sometimes have to deal with accusations of fraudulent domestic abuse, which are hard to refute in light of the laws as they are.
• Custody issues: If men leave an abusive relationship, they may have trouble getting custody or visiting rights in cases involving children.
• Underreporting: It is possible that domestic violence against men goes unreported because of cultural norms and a lack of legal protections, which makes it challenging to determine the entire extent of the issue.
• Limited research: The lack of thorough studies on domestic violence against men in India makes it difficult to develop policies and raise awareness.
• Interpretation of current legislation: Even laws that are supposed to be gender-neutral, like Section 498A of the IPC, which deals with cruelty, are frequently read and administered in a way that favours female victims.
• Lack of understanding can result in insufficient responses to accusations since many individuals, including law enforcement personnel, may not identify or take seriously domestic abuse against men.

Recent cases related to domestic violence against men

There have been many recent cases where men have been subjected to abuse due to the gender biased laws in this country. In the Syed Ahmed Makhdoom suicide case, the wife

accused his relatives of domestic abuse and dowry, subjecting the husband to mental agony and humiliation in the process. The true reason behind it was that the husband offered his wife the choice to continue her extramarital affair or to reestablish their married life.

However, the wife desired a divorce. The spouse eventually became so fed up with the unfounded claims of dowry and domestic abuse that he had no choice but to take his own life. He recorded a video shortly before he took his own life.

There are other instances where men have suffered. There are numerous other instances in which a man suffered because of laws that discriminated against him or because he was in an abusive relationship. In another instance, Jitesh Yadav and the wife went to the police, but they only filed his wife’s complaint rather than his own. Following their separation, the wife returned to the husband’s home and began to threaten him and his family. The husband was likewise the target of a fictitious domestic abuse accusation. When the husband was being

beaten by his wife’s family, they both phoned the police, but for understandable reasons, the police took the wife’s word and began to threaten the husband.

In another case, Sonu Sharma’s life was completely turned upside down when his six-month- old child unintentionally slid off the bed. He wanted to take the kid to the hospital since he was bleeding, but his wife insisted that they should because it was his child. She even called her family, pretending that her husband had slapped her, and begged them to come get her.

Following all of this, some gangsters were recruited by the wife’s family, and they mistreated the husband and his family.

These incidents show the difficulties males encounter as a result of gender biased legislation and unfounded allegations, which frequently cause them great emotional and mental suffering. Addressing these problems and making sure that everyone is fairly protected by the law, regardless of gender, is essential to stop more injustices and advance true equality.

How to bring change/suggestions for change

It takes a multifaceted strategy to address domestic abuse against men, including policy reform, awareness-building, and the provision of sufficient support networks. We may endeavour to provide equal protection for all victims, regardless of gender, and work toward a more inclusive view of domestic abuse by advancing education, fighting for legislative changes, and dispelling social myths. Some of the ways that can resolve this issue are as follow:

1. Raise awareness: Increase public awareness by teaching people that men can become victims of domestic abuse. This can promote reporting and lessen stigma.
2. Support services: Speak up in favour of shelters, hotlines, and programs that are inclusive of all genders and that serve male victims.
3. Legislative reform: To guarantee equal protection for all victims, advocate for gender- neutral wording in domestic abuse legislation and regulations.
4. Professional training: Promote training that enables law enforcement, medical professionals, and social workers to identify and assist male victims of domestic abuse.
5. Research: To better understand the problem and create successful remedies, support studies on domestic violence against men.

• Dispel myths: Strive to alter the social belief that men are not capable of being victims or that victims of violence are “weak.”

Conclusion

Domestic violence against men in India remains a complex and often overlooked issue, largely due to societal stigma, lack of legal recognition, and gender-specific laws. The historical development of domestic violence legislation in India has primarily focused on protecting women, leaving a significant gap in addressing male victims. This gender-biased approach has inadvertently created a system where men facing domestic abuse have limited legal recourse and support.

The challenges faced by male victims are numerous, ranging from social stigma and limited legal options to a lack of support services and underreporting of incidents. Recent cases highlight the severe consequences of this imbalance, where men have faced false accusations, mental anguish, and in extreme cases, been driven to suicide.

To address this issue comprehensively, a multifaceted approach is necessary. This includes raising awareness, advocating for gender-neutral legislation, and establishing support services that cater to all genders. It’s crucial to challenge societal stereotypes about masculinity and victimhood, encouraging a more inclusive understanding of domestic abuse.

Furthermore, there’s a pressing need for more research on domestic violence against men in India to inform policy-making and public discourse. Training professionals in law enforcement, healthcare, and social services to recognize and respond to male victims is equally important.

Addressing domestic violence against men does not diminish the importance of protecting women; rather, it acknowledges that domestic abuse is a human rights issue affecting individuals regardless of gender. By working towards a more balanced and inclusive approach, India can create a safer and more equitable society for all its citizens.

References

1. https://www.juscorpus.com/history-of-domestic-violence-laws-in-india/
2. https://lawansweronline.com/blog/safety-of-men-against-domestic-violence/

• https://www.thehindu.com/incoming/working-women-earning-cash-and-using-mobile-phones- commit-violence-on-husbands-reveals-study-in-india/article67423317.ece
• https://bangaloremirror.indiatimes.com/bangalore/others/separated-from-son-techie-hangs- himself/articleshow/22174260.cms
• https://blog.ipleaders.in/effects-domestic-violence-men-breaking-social- stigma/#Men_suffering_in_silence