We all have heard about domestic violence/abuse against women, protested against it & made laws to protect women… but have you guys ever thought of domestic abuse/violence against men, how many fake cases are there against men statistically? Or, how many laws are there to protect men?

Well, let me tell you there are approximately 40 laws to protect women and absolutely no law specifically to protect men.

In today’s article, let’s discuss what all men can do to protect themselves from domestic abuse.

and if there is anything you know that’s not mentioned in it kindly mention it in the comment section below.

Table of content:

• Introduction/ what is domestic violence/abuse?
• Laws that need gender neutralization.
• What all men can do.
• Judgments.
• Conclusion.

Introduction/ What is Domestic Violence?

Domestic abuse is a pattern of coercive, controlling behavior that is a pervasive life-threatening crime affecting people in all our communities regardless of gender, age, sexual orientation, race, ethnicity, religion, social standing, and immigration status.

Abuse is not loved. It is one person in a relationship having power and control over the other person.

Domestic violence takes many forms: physical; emotional; economic; stalking and harassment; and sexual.

Statistics on domestic violence against men –

• Gender-based violence affects 4 percent of married men, according to a survey of 1000 married men ranging in age from 21 to 49 years old in rural communities of Haryana.
• In their lives, 5 percent of men have been subjected to some form of torture or abuse by their spouses or intimate partners.
• Emotional abuse is the most prevalent form of marital or domestic violence against males (51.6%), with physical abuse coming in second (6%).

Common reasons why cases of domestic violence against men go unreported-

• Stereotypes against males.
• Fear of fake cases.
• Pressure from society & family.
• Self-denial.

Laws that need gender neutralization

India is waiting for gender-neutral laws it is a need for the hour. Men and women are divided Socially & Legally, this gap needs to be filled.

Kerala high court held-

The offense of rape needs to be gender neutralized. Meaning, that rape of men or trans-genders is also possible along with women hence, they also need to be protected by law.

“Section 376 (Punishment for Rape) is not a gender-neutral provision. If a woman tricks a man under false promises of marriage, she can’t be prosecuted. But a man can be prosecuted for the same offense. What kind of law is this? It should be gender-neutral.”

Reasons why is it that society always thinks that women are the victim?

• Men are too strong to be subdued.
• Victims of sexual offenses are weak.

Only women are weak & they are the victims ALWAYS. They can’t be perpetrators.

This thinking of society stigmatizes or prevents male victims from reporting the offenses, they are fearful of society and,

Due to the female-centric definition of rape law and ignorance of offense in the case of men, crime against men is continuously rising & victims don’t get justice.

Logically-

Men can be raped by

Men

Women

Reasons behind making rape cases gender neutral

• Homosexual people are also rape victims.
• The transgender community can also be rape victims.
• Recognition of the fact that the offense of rape can be committed by anyone, not just by a “man” only.

Laws that are recognized as gender neutral

• POCSO – Accused will be punished if the person assaults a male child, but there is still no provision recognizing the same for adult males.
• Sexual harassment of women at the workplace- Recognises that men can also be harassed at the workplace.

Efforts so far

2000, March 172^nd Commission of India, recommended rape laws should be gender neutralized in India.

2017– filing of PIL at Delhi High Court Adv. Sanjeev Kumar regarding the same.

2019– Parliament “laws need to be balanced. The balance has been disturbed. All sexual offenses should be gender-neutral. Men, Women, & Other genders can be perpetrators and also victims of these offenses. Men, Women, and Others need to be protected.

What men can all do!

As we have discussed earlier there are no laws specifically to protect men from domestic violence/abuse, mostly women use section 498A and Dowry Act as weapons against their husbands by filing false complaints, & the accused is presumed guilty until he or she proves innocence in court, even if the complaint is false. If found guilty, the maximum penalty is three years in prison.

So here are a few alternatives a man can use –

• Electronic devices – Collect as much electronic evidence as you can find against his wife. Recorded calls, chats, etc. showing that he and his family have never demanded dowry or allegedly committed any kind of violence.

• Anticipatory Bail– Apply for Anticipatory Bail, the moment an FIR is lodged against you.

• Write a letter – Complaint against blackmailing or false allegations to the Police. But sometimes, Police do not believe the husband and thus do not file the report. In this situation, the husband can write a letter to the SP or Commissioner.

• Letter to P.M – http://www.pmindia.gov.in/en/interact-with-honble-pm/ here you can submit your complaint to the Prime Minister of India, or he can send a letter to: Web information Manager, Rasina Hill, South block, New Delhi – 110011.

• Section 227 (Cr. P.C) – The biggest card defense a husband has is Section 227of the Code of Criminal Procedure, 1973. The section states the situations of Discharge and if the husband has enough proof that the wife is alleging false complaints, he can file an application under this section. It is a beneficent provision to save the accused from prolonged harassment which is a necessary concomitant of a protected trial.

• Under Section 120B of the Indian Penal Code– the husband can allege that his wife is committing Criminal Conspiracy against him.

• Section 167 of the Indian Penal Code –can also be used against the Police officers who refused to file an FIR and/or helped the wife in making a false complaint. Section 182 of the Indian Penal Code can be used too.

• Section 504 & 500– The husband can also file a defamation case under Section 500 and Section 504 of the Indian Penal Code against his wife as his reputation has been damaged due to her false claims.

• Take a stand – Take a stand for yourself, tell your side of the story & fight for it. Do not settle with the perpetrator, raise awareness about your situation as much as possible.

 Judgments

• Arnesh Kumar Vs. State of Bihar(2014) 8 SCC 273 

The Court noted in this case that because Section 498A of the Indian Penal Code is a cognizable and non-bailable offense, it is frequently used as a weapon rather than a shield by disgruntled wives.

It leads to the husband and his relatives being harassed by having them arrested under this Section, and it is even more disturbing to see bedridden grandfathers and grandmothers being arrested without a prima facie case.

As a result, the Court established certain guidelines that a police officer must follow when making an arrest under Section 498A of the Indian Penal Code or Section 4 of the Dowry Prohibition Act, 1961, and that such an arrest must be based on a reasonable belief in the veracity of the allegation. Furthermore, even Magistrates must be cautious about authorizing detention on a haphazard and mechanical basis.

• Manju Ram Kalita Vs. State of Assam (2009) 13 SCC 330

The Court held that “cruelty” for the purposes of Section 498-A Indian Penal Code must be determined in the context of Section 498-A Indian Penal Code because it may differ from other statutory provisions.

It should be determined by looking at the man’s behavior, weighing the gravity or seriousness of his actions, and determining whether or not it is likely to drive the woman to commit suicide, among other things.

It must be proven that the woman has been subjected to cruelty on a continuous basis, or at the very least in the time leading up to the filing of the complaint. Petty quarrels, the Court went on to say, cannot be classified as “cruelty” under Section 498-A of the Indian Penal Code.

• Bibi Parwana Khatoon Vs. State of Bihar(2017) 6 SCC 792

The facts of this case are similar to those of previous cases in that the wife was killed by her husband and relatives set her on fire. The deceased wife’s sister-in-law and brother-in-law appealed the conviction to the Supreme Court.

The Court noted that the appellants in the case did not even live in the area where the accident occurred. There was no proof that their claim was true beyond a reasonable doubt. As a result, the Court acquitted them and stated that the Court must avoid falsely implicating relatives.

• Rajesh Kumar & Ors. Vs. State of Uttar Pradesh(2017) SCC OnLine SC 821

The Supreme Court issued broad guidelines to prevent the misuse of Section 498A of the Indian Penal Code, in the following areas:

1. Family Welfare Committees– the Supreme Court said that a Family Welfare Committee should be established in every district to look into the complaints made under Section 498A.
2. An Investigating Officer should be designated to look into the complaint.
3. Disposal of cases where settlements have been reached.
4. Passports are to be impounded by the issuance of a Red Corner Notice.
5. Regulations related to Bailwere also changed.
6. Cases with the same parties could be clubbed.
7. The personal appearance of all family members is now not a mandatory requirement.

These directions, however, will not apply to offenses involving tangible physical injuries or death, according to the Court. The Supreme Court also issued directions to the National Legal Services Authority stating that it may submit a report after a six-month trial period, but no later than March 31, 2018, for any changes to the directions issued or any additional directions.

Conclusion

The need of the hour is gender-neutral laws in the scope of the phrase domestic violence.

Both men and women are entitled to human rights and gender equality. Gender-neutral laws are urgently needed in today’s world, where men are falsely accused of rapes, domestic violence, and sexual assault.

Domestic violence is a term that does not imply that only women can be victims of domestic violence; men can be victims as well as perpetrators. Domestic violence should be classified as spousal violence because it affects both men and women.

Domestic violence laws in India only protect women, not men. It creates the false impression that men can only be perpetrators, not victims. The rate of domestic violence against men is steadily rising.

As a result, special provisions and amendments are required to create gender-neutral laws that will assist victims in obtaining redress and punishment for the perpetrators, regardless of gender. Domestic violence, which is still prevalent in our society, requires specific laws and amendments to protect both spouses.

Note: If there is anything that needs to be added feel free to comment.