This article on “Domestic Violence against Men” is written by Mamta Kochar , a second year LLB Student of Smt K.G.Shah Law School, Mumbai.
Abstract:
As we all talk about Domestic violence, the first word that comes to mind is ‘women’ But it is just a preconceived notion, that spousal abuse only affects one gender. The title of this article may sound illogical and unreasonable to a general person. There is also a general assumption that when men show their vulnerabilities, they are cowardly, girlish, and various derogatory terms.. The stereotypical assumption among people that domestic violence is gender-specific or mostly women experience it, being a part of a patriarchal and male dominant society, like India, it is hard to believe that even men experience domestic violence or domestic abuse.
Introduction :
Being a patriarchal/male-dominating society, women have suffered domestic violence in the past. Domestic violence commonly includes various types of abuse such as physical, sexual, emotional, and verbal abuse. This was due to the male prevailing dominance in society and the power imbalance against women. But now, as the power dynamics are changing in the country and society, this problem is reversing back to men. As a result, domestic violence is taking place against men. This is due to shifting power structures, economic independence, and control over resources. There are many reasons for this change in the victims of domestic violence, as various studies show. The result of one of those studies concluded that changing women’s roles, power, and status are some of the reasons. Now, women are self-sufficient and aware of their rights. These factors, together with education, changing values and norms, and gender roles, enable women to recognise that they are not inferior to men and that, in certain circumstances; they can be stronger than men.
Literature Review :
- Feminism V. Patriarchy :
Feminist theorists have expanded the definition of patriarchal society to describe a systemic bias against women. As second-wave feminists examined society during the 1960s, they did observe households headed by women and female leaders. They were, of course, concerned with whether this was uncommon. More significant, however, was the way society perceived women in power as an exception to a collectively held view of women’s “role” in society. Rather than saying that individual men oppressed women, most feminists saw that oppression of women came from the underlying bias of a patriarchal society
- Reasons why cases of Domestic Violence against men goes unreported :
There are many reasons for which men often do not reveal the violence they face by their spouses or by their intimate partners.
- General Stereotypes against males– Men often feel discriminated against or feel uneasy in opening up about the violence that they face because they feel ashamed that they will be judged and will be labeled as wimpy and effeminate. They think their struggle against violence will go in vain because of gender-specific laws and provisions that are given in the Indian Constitution. They feel that they have failed the role of protector in nurturing their families.
- Fear of fake cases– Men often feel that revealing the violence can cause unnecessary nuisance and they do not want to face the legal consequences because of the gender-biased or gender-specific laws in our Constitution. They feel that they have to leave their families and they don’t want to lose custody of their children which is often a cumbersome process.
- Societal and family pressure– Most of the Indians continue to live with their families even after their marriage. Because of this factor, men feel ashamed of opening up about the violence. Society also plays a crucial role in nurturing gender biased laws and stereotypes against a particular gender.
- Denial– Mostly people feel that domestic violence can only happen to a woman. And they live in denial when they get to know that man can also be a victim of domestic violence. So, basically, people never really want to talk about it.
- Gender biased laws:
Gender-biased provisions make the situation worse. It can never be disregarded that violence is faced by everyone regardless of their gender but the number of instances may vary. This does not diminish the troubles of any gender. Gender-neutral laws are the way forward. Because of gender-biased law provisions of law, which are bent towards women, there is a plethora of false cases where women falsely alleged a man of rape or domestic violence and the worst part is that these biased laws have already assumed a fact that a man can never be a victim. According to section 498A of IPC, only a man can be liable for domestic violence to his wife. This section does not even provide any subsection that makes women liable for domestic violence. By reading the report 2002 by World Health Organisation, women think of committing suicide more often than men while men die of suicides more frequently.
- Existing Laws for men in India:
Given the existing laws in the country, there are no laws that protect men from intimate partner violence, under the Indian Penal Code of 1860, Section 498A explains that a man can only be held liable for practicing violence against his wife, there is no provision in the whole Act which makes the women responsible of the same. Similarly, Section 3 of the Protection of Women from Domestic Violence Act of 2005 states that it only protects women from such violence. No rule in the Act protects men from such violence. Having such a law gives a presumption that men are always guilty, while women, on the other hand, are always innocent. Apart from the law, there exist some other reasons that could cause such cases to go unreported, these may include – the societal assumption that men are strong and hard to cry, or if they get legal help, it can cause discomfort for them and their families, and the list goes on. According to a survey of 1,000 married men aged 21 to 49 in rural Haryana, one in ten men aged 18 and above has experienced domestic violence. Research shows that men as well are the victims of such violence and not only women.
Data Analysis:
According to the World Health Organization, the studies identified by the search yielded prevalence rates of 3.4% to 20.3% for domestic physical violence against men. Most of the affected men had been violent toward their partners themselves. 10.6 — 40% of them reported having been abused or maltreated as children. Alcohol abuse, jealousy, mental illness, physical impairment, and short relationship duration are all associated with a higher risk of being a victim of domestic violence. The reported consequences of violence include mostly minor physical injuries, impaired physical health, mental health problems such as anxiety or a disruptive disorder, and increased consumption of alcohol and/or illegal drugs.
Remedies available for men:
Men do not have any straightforward provisions for them against domestic violence or abuse, instead, one option is divorce under section 13 of the Hindu Marriage Act, this act establishes an acceptable ground for divorce if the petitioner is treated with cruelty after the solemnization of marriage. According to section 200 and section 153(3) of CrPC, the husband can also approach the district magistrate and present his complaint, which the magistrate will examine upon the oath of the complainant and witnesses present, the complainant’s statement, and any statement from a friend, family member or even neighbor corroborating same. IPC also contains some provisions which may help in these cases like section 319, section 320, section 323, and section 193, which will help if the aggrieved has seen any false evidence being logged against then he can complain under this section, it punishes false evidence. Section 319 deals with bodily harm, whoever causes bodily pain, disease, or infirmity to any person is said to cause hurt. Section 320 deals with ‘grievous hurt’, interestingly starting with ’emasculating’, followed by “fracture or dislocation of bone or tooth and any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe body pain, or unable to follow his/her ordinary pursuits”. Section 322 punishes for voluntarily causing hurt.
Conclusion:
Human rights and gender equality belong to both men and women. In today’s times where men are falsely accused of rapes, domestic violence, and sexual assault, Gender-Neutral laws are needed for the hour. Domestic violence, this term nowhere indicates that only women can be the victim of domestic violence, men can also be the victim and not the only perpetrator. Domestic violence should be considered as spousal violence as it is not only restricted to women.
In India, Domestic violence laws only protect women and not men. It gives a false presumption that men can only be the perpetrator and not the victim. Domestic Violence against men is gradually increasing day by day. Hence, special provisions and amendments are required to make gender-neutral laws that will help the victims in getting remedy and punishment for the culprit irrespective of gender. Specific laws and amendments are needed to protect both of the spouses from domestic violence that is still prevalent in our society.
References : .
- Sarkar, S., Dsouza, R., & Dasgupta, A. (2007). Domestic violence against men—a study report by Save family Foundation.
- NCRB Suicide Report 2020
- Indian Penal Code 1892,
- Domestic Violence Act 2005
- www.who.int/
- https://journals.sagepub.com
- https://www.legalserviceindia.com
- https://www.aihw.gov.au/reports/domestic-violence
- https://ncadv.org/statistics
- https://www.theguardian.com/society/2010/sep/05/men-victims-domestic-violence
