Open Access Research Article
MEN’S COMMISSION: ADVANCING GENDER EQUALITY AND EMPOWERMENT IN INDIA
Published Paper
Article Details
MEN’S COMMISSION:
ADVANCING GENDER EQUALITY AND EMPOWERMENT IN INDIA
AUTHORED BY - YASHI SHUKLA
Introduction
India is a diverse country
where all citizens are treated equally and without any discrimination. Gender Equality
conveys that the interests, needs and priorities of both women and men and
girls and boys are taken into consideration, recognizing the diversity of
different groups and enabling all human beings to develop their personal
abilities and make choices without the limitations set by stereotypes and
prejudices about gender roles.[1]
When there is one sided power given to a set of people, it is bound to be
misused. In India, the number of cases involving fabricated rape accusations
against males are proliferating at a rapid pace and it has become a matter of
great concern. According to the National Crime Records Bureau (NCRB),
about 74% of rape cases under Section 376 of the Indian Penal Code turn out to
be fake.[2] These
kinds of allegations undoubtedly devastate the life of an innocent man, causing
psychological distress, irreversible damage to their reputation, loss of
respect, humiliation, loss of jobs and a slew of other hardships.
This decade has recognised
the necessity for a Gender-Neutral society. The Oxford Dictionary defines ‘Gender
Neutrality’ as an adjective that is appropriate for, applicable to, or
shared by both male and female genders.[3]
It symbolizes the notion that legislation, language, and other social
institutions ought not to discriminate against people’s sex or gender, and it
advocates for equal legal treatment of men and women without prejudice. This
paper envisions a world in which equality is established in its real sense, and
not at the expense of any gender. The main goal of this research paper is to
address issues impacting Men’s rights and well-being, conduct research on the
impact of traditional gender roles on mental health, domestic relations,
occupational opportunities and to foster gender equality.
Abstract
Gender
is used to describe the characteristics of women and men that are socially
constructed. [4]The
term “gender justice” has no universal definition and it is often being
used interchangeably with terms such as “gender equality” or “gender
equity”. The concept of gender justice is broader since it recognizes the
duty and responsibility of ‘social institutions’ to offer justice to those
denied equal rights and opportunities. The research paper highlights the
significance of Men’s Commission as an organization dedicated to address gender
equality, positive masculinity and empowerment. And thereby reviewing the
growing literature on false male rape allegations, male sexual assaults and
mental trauma existing in today’s generation. The paper also delineates possible means for eradicating the problems
faced by men at the individual, institutional, and societal levels. It aims to provide justice to
the male community by incorporating a Men’s commission, similar to the National
Commission for Women to address the issues of gender inequality and to develop
gender neutral laws.
Keywords:
Men’s Rights, Abuse of power, Gender Equality and Empowerment, Mental Health,
Gender Neutrality
Research
Problem
Men
confront hurdles in fields such as employment, occupation, mental health,
relationships, stereotyping in society and overall quality of life. This
research paper highlights the issue of lack of representation and recognition
of Men’s challenges attributed with gender equality discussions, limited
assistance and support for men facing domestic cruelty or abuse, stereotyping
and social norms that impede men from expressing themselves and disparities in
parental rights and custody disputes favouring mothers over fathers. There are
other complications that men encounter in workplace such as salary disparities,
occupational health concerns, and limited paternity leave alternatives.
Furthermore, this study will additionally focus on Men’s mental health issues
and the impact of societal pressures on their well-being.
Research
Questions
1.
What is the role of a Men’s
Commission in promoting gender equality and empowerment?
2.
How does a formation of Men’s
Commission will address the specific needs and obstacles that men confront with
regard to gender equality?
3.
What measures or programs does a
Men’s Commission implement to advance gender equality and empowerment?
4.
How does a Men’s Commission engage
with different stakeholders, such as women’s organizations and government
agencies, to foster gender equality?
5.
What are the potential
benefits/advantages of establishing a Men’s Commission in promoting gender
equality and empowerment?
Research
Objectives
1.
To understand the role and
functions of a Men’s Commission in promoting gender equality and empowerment.
2.
To investigate the challenges confronted
by men in achieving gender equality and empowerment.
3.
To examine and advocate for
initiatives and policies that encourages Men’s empowerment while ensuring
inclusivity and respect for women’s rights and to enforce strict rules and
regulations with regards to gender equality.
4.
To facilitate dialogue and cooperation among
stakeholders to develop effective strategies for enhancing gender equality for
both men and women.
5.
To identify best practices and
principles learned from current Men’s rights for future implementation.
Literature Review
Mahesh Kumar Tiwari v.
Union of India.[5]
In the instance of Mahesh
Kumar Tiwari, the Apex Court refused to hear the plea seeking the set-up of a
National Commission for Men, same as to the National Commission for Women, to
address issues concerning domestic violence suffered by married men. The Apex
Court has directed the petitioner to the competent authority. The critical
analysis can be drawn by the above judgment stating the powers of the
judiciary. There exists an immediate requirement to ascertain the rights of men
as women’s by implementing legislation and forming a government organization to
control the injustices faced by men.
Dr. Aliraza Javaid [6]
In this thesis, the author
investigates the attitudes and behaviours of governmental and voluntary
agencies toward male rape victims in England. The author conceptually
contributes to discourses on unrecognized and unreported rape, as well as a
larger literature on non-reported crime. The paper focuses on how gender,
sexualities, and masculinities influence and shape state and non- profit
organizations knowledge of male rape and their perceptions of males as rape
victims. The thesis primarily focuses on male rape,
masculinities, and sexualities in England, neglecting to address the global
perspective on these issues. Additionally, it lacks a discussion on the
legislative measures that could have been implemented to secure justice for
male victims. This critique emphasizes the need for the author to explore the
challenges encountered by male victims worldwide and to delve into potential
legal actions that could ensure justice for all male victims.
Warren Farrell[7]
The author of this book explores various aspects of our legal
system, world history, faiths, psychology, sociology, success, suicide, love,
politics, and psychology related to domestic violence, date rape, and sex. He
argues that men's dominance in corporate and political spheres has obscured the
true essence of power, which he defines as "control over one's own
life." The author contends that men are often viewed as expendable,
masking their inner vulnerabilities and struggles with feelings of weakness and
powerlessness. He advocates for gender studies to facilitate a shift for both
men and women towards a more balanced and fulfilling existence, moving away
from rigid gender roles to embrace flexibility. However, the author's work is
criticized for its perceived bias towards highlighting the challenges faced by
men without offering sufficient solutions.
R.W. Connell [8]
The article traces the emergence of
a global debate about men and gender equality reform, as well as attempt to
analyze the prospects for reform initiatives involving men.
He contends that men and boys are crucial gatekeepers for gender equality in a
significant way, where the question is whether they are willing to accept major
reforms or not. One of the drawbacks of the article was that the article is
tremendously wide i.e., it doesn’t focus on a pertaining particular subject or
issue. The author has described the concept of gender equality in a global
level which fails to provide a solution for a particular region.
Aradhya Singh[9]
The above author has emphasized on
Gender inequality as a concept that both men and transgender people confront at
some point in their lives, and it cannot be dismissed.
She states that the society’s
belief system regards women as lesser and males as stronger members of society.
The author asserts that some women take advantage of these rules because there is no
legislation that can punish women in such instances, hence it is highly
suggested that laws be gender neutral. To address gender-based power disparities
in Indian society, the state can implement equal proof standards.
Give the
appropriate punishment to the perpetrator of sexual harassment, but if it is
being abused, the punishment should be equally harsh for all.
Susmita Sen[10]
The author in this paper discusses how false rape
charges affect the legal system and society. It demonstrates that more than
half of rape cases end in acquittals following lengthy court proceedings. The
NHRC recommends that accused parties' identities be kept a secret until a court
makes a decision in order to shield them from “false cases.” The threat of
fabricated rape accusations has influenced the development and application of
legal concepts, as well as techniques for
influencing police and prosecutor decisions. The essay delves into the
consequences of false charges of rape on the accused, encompassing the
infringement of their constitutional rights to life and personal freedom,
social contempt, and imprisonment. Further, the article
provides recommendations for remedies, draws attention to the consequences for
false accusers, and discusses potential defences for persons charged with
filing false police reports.
In this case, the petitioners allegedly threatened the
defendant by filming him with a female and threatening to file a false rape
complaint against him if he would not pay them Rs. 20 lacs.
The
Allahabad High Court stated that because girls/women have the “upper hand” when
it comes to legal protection, they “easily succeed” in incriminating a boy or
male in such circumstances. The above-mentioned judgment fails to provide
adequate punishments to the offenders which encourages them to perform such
activities. This piece of paper tends to focus on the injustice to men. There
should be equal rights for both men and women; where there is a heinous crime,
a mere confession of a girl might destroy a man’s life.
In the above article the author has asserted that comparison
to female rape victims, the literature on male rape victims continues to be of
growing interest to counselors and scholars. The aim of this
paper is to examine the growing body of material on male sexual assault
victims. The review focused on male victims of sexual assault
including an overview of male sexual assault, male rape myths, prevalence,
responses to male victimization, populations and perpetrators of male
victimization, the impact of sexual assault against men, help-seeking, and
implications for counseling etc. The aforementioned article fails to proposal
adequate solutions upon the said problem faced by men. It has failed to
establish or enact a separate legislature for the injustice caused.
Hypothesis
The current study is
intended to evaluate the following hypothesis, which was established after
analysing the available literature on the subject. The following is a statement
of the current research’s hypothesis:
1.
Establishing a Men's Commission
will promote gender equality and empower men who encounter prejudice, as gender
disparity is not limited to women.
2.
The commission will propagate
positive masculinity and break down the harmful gender stereotypes.
3.
The formation of Men’s Commission
will eradicate the number of fabricated allegations and promote parenting,
caregiving and domestic responsibilities to men.
Research Methodology
The methodology employed is Empirical Research Methodology. The study is
both quantitative and qualitative in nature. The data collection method is
literature review, interviews, surveys and ethnography. And the source of
research shall be both primary and secondary sources.
Survey Method (Primary
Data): This primary data
collection approach used a questionnaire conducted via an online survey with
multiple-choice questions (MCQ) format. Participants were chosen using a
probability sample procedure, with an emphasis on those aged 18 and up. The
survey questions were designed to elicit direct responses about thoughts,
feelings, and behaviours in order to produce accurate estimates of the
population's opinions. The questionnaire sought to determine the proportion of
people who see gender inequality as more than just a women's issue, examine
men's experiences with sexual harassment, and assess the significance of
gender-neutral legislation. The study sought to gather information supporting
the need for more gender inclusion in public perceptions and legal frameworks
by challenging the binary understanding of gender while also considering men's
opinions into account.
Deductive Method
(Secondary Data): The deductive approach of secondary data collecting entails
obtaining information from the opinions of prominent scholars, evaluated
journal articles, social activists, politicians, historical legislation in
India with amendments, and reports from various committees. This information is
used to determine whether the sources support or oppose a specific hypothesis.
The purpose of this paper is to provide an accessible summary pertaining to
prominent individuals' perspectives on the need for rape legislation reform.
Survey
Report Analysis
Section
1: This survey's impact can be comprehended as
either positive or negative. What one person perceives as negative stress may
differ from another's, emphasizing the relevance of individual opinions on
situations. This study indicates to assist individuals identify and resolve
negative impacts, thereby supporting them in efficiently handling impediments.
The survey includes 6 questionnaires distributed to people aged 18 and above,
including both men and women. A total of 73 persons took part, with 45.2% being
female and 54.8% male.
Section 2: Eye-opening
findings
Table 1: Respondents were asked if they were familiar with the
concept of a Men's Commission. Out of 73 respondents, 49.3% strongly
disagreed with the assertion that they are unaware of the concept of a Men's
Commission, while 50.7% agreed with it. This was as follows:
Table
1
Table 2: Similarly, when asked if they believe there is a need for a
Men's Commission to address specific difficulties faced by men? The
findings may surprise you, as few respondents believe there is no need for a men’s
Commission to address specific concerns faced by males. On the one hand, 91.8%
of 73 replies support this approach, while 8.2% believe that a men’s Commission
is unnecessary to address unique difficulties faced by males. The graph is
attached below for reference:
Table
2
Table 3: The next question asked was that what are the
challenges you think a Men’s Commission shall address? The majority
of participants, 47.8%, identified mental health as a major challenge that must
be addressed, while 26% believe there are family court and custody issues, and
15.1% believe there are educational discrepancies. The graph
is attached below for reference:
Table
3
Table 4: The
researcher next asks them (respondents): Do you have any issues or
complaints about the establishment of a Men's Commission? The response to
this particular issue resulted in a significant shift in opinions because
people had conflicting feelings, i.e., they had their own concerns about
establishing a Men's Commission. Among 73 respondents, 37% believe there is a
risk of reaction, 34.2% believe there is a disconnect with our country's gender
equality goals, and 19.2% believe there is no need. Only 2.7% believe there are
no concerns about the matter, while the rest chose alternative possibilities
such as unemployment, unfamiliarity with the notion, etc.
The graph is attached below for reference:
Table
4
Table 5: Then respondents
were given a question that: How do you think the general public might perceive the
establishment of a Men's Commission? where the findings were
as follows-
Table
5
Approximately 43.8% believe that the general public will positively
perceive the proposal of establishing a Men's Commission. Only 8.2% believe
that there will be a negative influence on the public. While 32.9% had a
neutral response to the subject, the remainder were unsure.
Table 6: Finally, researchers questioned them: In your perspective,
how may the establishment of a Men's Commission affect gender relations and
society attitudes in the long run? According to the results, approximately
75.3% believe that the establishment of a Men's Commission will have a
long-term impact on gender relations and society attitudes, while 19.2% are
unsure. The graph is attached below for reference:
Table
6
Section 3: Coverage &
Scope- The survey was limited to a small sample size due
to its tactful content. The research project aims to expand the scope of the
survey by incorporating perspectives from prominent scholars, journals,
lawyers, committees, existing laws in India with amendments, and case studies.
1. What Are Men’s Right?
The Men’s rights movement (MRM), also known as Men’s rights activism
(MRA), masculism, or “The Men’s Human Rights Movement,” is a fringe movement
that believes that social, legal, and economic discrimination against men
exists in society to such an extent that combating it requires an organized
effort comparable to that of feminism, and that any and all variants of
feminism do far more harm than good. Some may depict Men’s rights as a loose
association of concern organizations addressing with issues such as inadequate
financing for testicular cancer treatment or other real issues that are
specific to males. Sadly, this isn't the situation. These aren't about “Men’s
issues,” but about a non-existent subject called “Men’s rights.”
According to activists, society has grown biased and sexist against
males. They also allege that men face discrimination in the media, the
government, and the Supreme Court. Men’s rights organizations are battling
custody rules that favor mothers over dads, as well as violence against males,
false rape charges, disproportionate jail terms for men, and conscription. For
instance, the corporation is perceived as discriminating each time a woman is
passed up for an office position. However, it is regarded typical when a male
coworker loses his position due to a female employee. These are some of the
inequities that Men’s rights organizations are attempting to rectify.
2. Understanding Men’s Rights: Disseminate Myths and Misconceptions
The origins of a self-identified modern Men’s rights movement can be
found in an 1856 article in Putnam's Monthly, which advocated for an end to
laws that held men legally responsible for the actions of women in
relationships. An example of one such law was the 'heart balm' suit, which
awarded financial compensation to the person who broke off an engagement to
marriage (usually the woman receiving compensation). Women were known to abuse
this suit by ‘gold-digging,’ which involved pretending to be in love before
breaking off the engagement or blackmailing men they were engaged to.
A Putnam's Monthly article published in 1856 marked the beginning of the
Men’s Rights Movement (MRA), which called for the repeal of laws holding men
legally accountable for the behaviour of women in intimate relationships. One
such statute was the ‘heart balm’ action, which offered financial recompense to
the individual who broke off a marriage engagement. Women were known to abuse
this suit by ‘gold-digging,’ pretending to love and calling off an engagement,
or blackmailing men to whom they were engaged. By the late 1920s, the scam had
spread like wildfire and was a lucrative business for both scam artist
attorneys and tearful pretend girlfriends. Ernest Belfort Bax, a Marxist writer
and anti-suffragist, was the first well-known author of Men’s Rights Movement
literature. He published The Legal Subjection of Men in 1908 and The Fraud of
Feminism in 1913. Bax advocated against discriminatory sex favouritism toward
women, claiming that capitalism inevitably places males in a slave relationship
with women, and that only socialism could liberate men from women.
During the late 1970s, a self-conscious liberal feminist movement known
as the “Male Liberation Movement” came to an end. Members of the movement had
entirely divided into two groups by the early 1980s: those who concentrated on
the “cost of male gender roles to men” and those who just saw sexism as a
system in which men oppress women. The 1980s witnessed the growth of “Men’s
Rights Activists” who concentrated mostly on Men’s oppression and less on
feminist concepts of altering societal roles in general. According to MRAs,
feminism and women “went too far” and hurt males in the process. With the rise
of the internet, fringe groups of Men’s rights activists began communicating
with one another, establishing discussion forums for the wretched existence
that males were forced to live in a world dominated by women. Outside of
radical voices, Men’s rights in the modern world are a niche market, although
certain groups have helped influence attitudes of laws and their implementation
in divorce courts, custody fights, and other legal forums.
Men’s Rights activists (MRAs) found a new home on the internet, where
they developed a complicated pseudo-academic framework. The movement and its
offspring established a little orgy of phrases and notions, many of which are
redundant. A notable example is the Red Pill community, which divides males
into distinct categories depending on social status. The necessity of these
concepts for a reasonable critique of current feminism is beyond comprehension.
3. Debunking The Myth of Antagonism Between Feminism and Men’s Rights
Debunking
the anticipated animosity between feminism and the Men’s Rights Movement (MRM)
requires a thorough assessment of the two movements’ common ground, goals, and
possibility for collaboration. Feminism advocates for gender equality by
challenging patriarchal structures, promoting women’s rights, and countering
negative stereotypes. It is anchored in resolving historical and systematic
inequities faced by women. Simultaneously, the Men’s Rights Movement (MRM)
focuses on addressing specific issues that men experience, such as bias in
family courts and mental health stigmas.
The misunderstanding of enmity stems from a naive belief that supporting
one movement undermines the other. In actuality, feminism and the Men’s Rights
Movement both strive for a fairer society by overcoming limiting gender norms
and stereotypes. Recognizing that addressing one set of gender-related concerns
does not diminish the significance of the other allows for a more inclusive a
discussion.
For a comprehensive response to gender issues, constructive
collaboration between feminism and the Men’s Rights Movement is required.
Collaborative efforts can focus on intersectional areas where both groups'
goals align, such as promoting shared parenting models, challenging
conventional gender stereotypes, and fighting for mental health awareness and
support for all. A more inclusive and cooperative strategy can emerge by
understanding and addressing the distinctive problems of each movement.
It is critical to transcend the myth of antagonistic
relations and realize the possibility of collaboration between feminism and the
Men’s Rights Movement. Dispelling
this myth allows for a more nuanced view of gender dynamics and develops an
environment in which both groups may collaborate to create a society that
tackles the numerous difficulties that people of all genders experience. This
collaborative approach promotes positive change for the benefit of all and
contributes to a greater understanding of the complexities inherent in gender
issues.
4.
Navigating
Men’s Challenges
To navigate men’s concern, it is essential to address prejudices in
family courts for equitable domestic relationships, ensure that false
accusations of rape receive a fair legal response, overcome stereotypes that
limit emotional expression, push for extended paternity leave to challenge
traditional gender roles, and support shared parenting models to address
disparity in parental rights and custody disputes. Fostering an equal and
supportive society that acknowledges the different needs of every person, regardless
of gender, requires a collaborative and inclusive approach. The challenges are
as follows:
1.
Domestic Relations: Biases in
family courts are a common obstacle faced by men managing domestic relations
issues. These prejudices may show up in court cases involving child custody and
maintenance awards, when preconceived notions about conventional gender roles
could impact the outcome. Men's rights activists
emphasize the relevance of a fair legal process that considers the best
interests of every individual involved, regardless of gender.
2.
False Rape accusations: The
controversy of false rape allegations underlines the critical significance of
having a fair, unbiased legal system that respects all people's rights. Even
though fabricated accusations are uncommon, those who are wrongly accused can
encounter severe repercussions. In order to handle this issue, it is vital to
maintain a balance between meeting the demands of the victim and ensuring that
the accused is fairly tried. Rape is not only an offence against the person of a woman
rather a crime against the entire society. It is a crime against basic human
rights and violates the most cherished fundamental right guaranteed under
Article 21 of the Constitution of India (State of Punjab v. Rammed Singh, 2003).
When reading the Supreme Court's above comment, one could conclude that rape is
a crime against society as a whole. Also, the assumption that a woman may only
be a victim or survivor of rape must be eradicated. Furthermore, with the
recognition of homosexuality as a legitimate sexual orientation, there is
growing concern about converting the gendered rape statute to a gender-neutral
one.
3.
Stereotyping and Social
Norms: Stereotypes and societal expectations that enforce conventional roles
and restrict emotional expression are commonplace for men. It
is critical to challenge these norms in order to foster a more inclusive and
accepting society. In order to further the notion that men and women should be allowed to
express a wide variety of emotions and choose different positions in society;
advocates work to dispel damaging preconceptions.
4.
Occupational Health
Concerns: Men are disproportionately employed in dangerous jobs, which raises
the risk of workplace accidents and fatalities. Advocating for better safety
laws and working conditions is part of addressing occupational health issues.
It also entails raising awareness of the physical and mental health issues that
men in these occupations experience.
5.
Limited Paternity Leave
alternatives: The scarcity of paternity leave alternatives
perpetuates traditional gender norms in which women are primarily responsible
for caregiving. To encourage men to actively participate in family life and to promote a more equal distribution of caregiving tasks,
proponents of Men’s rights argue for legislation that allow for prolonged and
flexible leave periods.
6.
Disparities in Parental Rights
and Custody Conflicts: Men navigating parental rights and custody conflicts
frequently confront obstacles in the judicial system. In order to guarantee
that both parents have a significant and equal role in their children's lives,
shared parenting methods are encouraged. This
approach aims to challenge beliefs about parental obligations and emphasizes
the crucial role of a child's relationship with both parents to their overall
well-being.
5.
Exploring
The Shift Towards Gender Neutrality
“Men who are sexually
assaulted should have the same protection as female victims, and women who
sexually assault men or other women should be as liable for conviction as
conventional rapists. Considering rape as a sexual assault rather than as a
special crime against women might do much to place rape law in a healthier
perspective and to reduce the mythical elements that have tended to make rape
laws a means of reinforcing the status of women as sexual possessions.”[13]
Gender neutrality is a revolutionary movement
aimed at breaking down gender stereotypes and promoting a more accepting,
equal, and compassionate society. This movement includes language, regulations,
institutions, and cultural attitudes, among other facets of existence.
Gender-neutral language is being embraced in many contexts, including
communication and language, with the goal of fostering a linguistic environment
that values the variety of gender manifestations. Dynamics in the workplace are
also essential to the transition to gender neutrality. Businesses are working
to provide gender-neutral workplaces that prioritize diversity, equitable pay,
and promotion chances. More gender-neutral workplaces are a result of diverse
and inclusive programs, flexible work schedules, and parental leave
opportunities for both genders.
As a result of society's growing recognition and
celebration of the diversity of gender identities, cultural views are also
evolving. These changing views are influenced by media and popular culture,
which increasingly depict a range of gender perspectives. There
is a campaign for legal recognition of non-binary and gender-neutral
identities; several countries have modified their legal documents to
incorporate alternatives to binary gender classifications. One of the main drivers of the transition to
gender neutrality is the increased social acceptance of gender's ambiguity and
complexity.
Most specifically, the move toward gender
neutrality encompasses a complex strategy which challenges long-standing
beliefs, promotes inclusion, and acknowledges the significance of validating
and respecting people regardless about their gender determination. The
goal of this revolutionary movement is to establish a society in which
individuals are free to live their true selves without being constrained by
traditional gender norms.
6. Analysing The Potential Effects and Consequences of
a Men’s Commission Involves Considering Both Positive and Negative Aspects:
A Men’s Commission could address issues that
impact men disproportionately, such as parenting, mental health, workplace
safety, and educational inequities. It could encourage gender equality by
collaborating with existing efforts to solve issues that affect both genders.
The commission could additionally engage in legal advocacy to address alleged
gender disparities in areas such as family law, custody issues, and criminal
justice. Furthermore, the commission could concentrate on Men’s health
concerns, increasing awareness and lobbying for better healthcare regulations
and resources.
The establishment of a Men’s Commission could
bring about negative implications, such as causing division, weakening existing
initiatives, creating backlash, and challenging inclusion. The committee might
be interpreted as a danger to gender equality aims or as a response to
challenges from women’s rights movements. Critics believe that it will distract
attention and money away from addressing structural difficulties that women
confront. Furthermore, the commission may inspire
anti-feminist sentiments or contribute to a narrative that downplays the
necessity of addressing historical gender discrimination against women.
Finally, it may be challenging to strike a balance between meeting men's needs
and maintaining an inclusive approach without promoting traditional gender
stereotypes.
The establishment of a Men’s Commission could
result in both beneficial and bad consequences, depending on its organization, purpose,
and alignment with society gender equality ideals. Its success is dependent on
a balanced strategy that takes Men’s concerns into account while retaining
inclusion and collaboration. Monitoring the commission's progress and effects
is critical for determining its efficacy and adjusting measures accordingly.
7. Judicial Precedents
In a series of landmark decisions, the Apex Court
of India has proven a persistent commitment to recognizing and protecting the
rights of male victims, promoting a progressive and inclusive approach to
combating gender-based violence. These historic verdicts not only recognized
the vulnerability of male victims, but also emphasized the significance of
implementing gender-neutral standards to ensure fair and reasonable judicial
outcomes. The State of Punjab v. Gurmit Singh (1996) [14] decision is a
significant example, in which the court acknowledged for the first time ever
that false allegations of rape might cause just as much harm as actual rape.
Recognizing the serious impact of false claims on the accused, the court
highlighted the need of not only protecting the accused's reputation but also
maintaining the trust of genuine victims. This ruling demonstrated the court's
commitment to ensure that those who bring fraudulent accusations face
appropriate penalties.
Similarly, the decision in Shree Kant Shekari v.
State of Himachal Pradesh (2004)[15] enhanced the legal framework by finding that
making false claims of rape is an infraction under Section 211 of the Indian
Penal Code (IPC). In this instance, the court placed a strong focus on
safeguarding innocent people from unfounded allegations and creating a
deterrent to filing false claims. Furthermore, the decision in Madhukar Narayan
Mardikar v. State of Maharashtra (1991)[16] was critical in recognizing that males can also
be victims of abuse. By defining “criminal force” and explaining how it applies
to any force that causes damage or suffering to a person's body, the court
broke free from previous prejudices and emphasized the need of protecting the
rights of male victims.
In the decision of Lalita Kumari v. Government of
Uttar Pradesh (2013)[17], the Supreme Court underlined the importance of
treating male assault victims as seriously as female victims. The court emphasized
the need of fast action, urging law enforcement to submit First Information
Reports (FIRs) in all incidents of assault, regardless of the victim's
gender. At last, the case of Bodhisattwa
v. Shubha Chakraborty (1995)[18]
challenged conventional preconceptions by recognizing that rape violates both
men and women's fundamental human rights. This case acknowledged the need to
move beyond old concepts and emphasized the significance of deconstructing
gender stereotypes within legal structures.
Collectively, these decisions demonstrate the
Supreme Court's continuous commitment to recognizing and safeguarding the
rights of male victims. A more inclusive and just legal landscape in India has
been advanced by the court through the adoption of gender-neutral methodologies
and the advocacy for equal protection and remedies for all victims, regardless
of gender.
8.
Effective
Men’s Commission Measures: Solutions and Implementation
A comprehensive and nuanced strategy is necessary
to address the various difficulties that men encounter while maintaining the
values of gender equality and inclusion are required to form an effective Men’s
Commission. The agenda of the commission need to be inclusive, acknowledging
the intersectionality of Men’s experiences from different backgrounds. It is
important to engage in collaboration with established gender-focused
organizations, such as women’s rights groups and LGBTQ+ organizations, in order
to mitigate the perception of resistance and promote a more cohesive
comprehension of gender-related matters.
One essential element is the development of good
masculinity, which calls for initiatives that dispel myths and promote
emotional expressiveness. Programs for men-only mental health assistance can
help combat the connotation pertaining to mental health issues. Advocating for
enhanced parental leave legislation helps to dismantle old gender stereotypes,
promoting a fairer allocation of caring obligations. Educational outreach in
schools and workplaces can help to challenge preconceptions and shape future
generations' perspectives about gender.
Legal reforms aim to increase fairness and
overcome prejudices, especially in family court hearings and custody battles.
Men’s concerns research and data collecting ensure focused and successful
initiatives by giving policy suggestions an evidence-based basis. Raising
awareness and gaining support requires public participation through forums and
media initiatives. Regular review methods will enable the flexibility of
the commission's programs to changing social requirements, leading to a
responsive and impactful Men’s Commission that promotes gender equality for
people of all genders.
Conclusion
This paper has highlighted a number of
difficulties with male rape in the legal system and the courts. This study
argues that legal definitions of male rape do not adequately represent the
realities of male rape victims. As a result, the perception that “male rape is
not really a social problem” is perpetuated in legislation and the courts,
while male rape victims are isolated. Some views about male rape may be
disregarded in court and the legal literature, thereby discouraging males from
coming forward and receiving the assistance and care they require. However,
drawing conclusions concerning the treatment of male rape victims in court from
a small number of sources and instances should be done with caution.
Nonetheless, this research emphasizes the need of educating the defense on the
realities surrounding male rape. After the
research, it is clear that the hypothesis has been partially proved:
1. Establishing
a Men's Commission will promote gender equality and empower men who encounter
prejudice, as gender disparity is not limited to women.
2. The
commission will propagate positive masculinity and break down the harmful
gender stereotypes.
3. The
formation of Men’s Commission will eradicate the number of fabricated
allegations and promote parenting, caregiving and domestic responsibilities to
men.
Thus, the
paper aims to
provide justice to the male community by establishing a Men’s commission same
as to the National Commission for Women to address the problems of gender
inequality and to form gender neutral laws.
Recommendation And Suggestions
To properly implement a
Men's Commission, numerous proposals might be considered:
1.
Establishment of the National Commission for Men: Create a
specific body to address men's difficulties, well-being, and complaints in a
fair and sympathetic manner. This panel should focus on a variety of issues,
including improved living circumstances for men in jail, steps to combat male
child labor, healthcare support for men working in difficult industries, and
more.[19]
2.
Helpline and Special Campaigns: Establish a nationwide
helpline where men can report concerns and get help. Implement particular
efforts to prevent male suicide, address gender-neutral issues such as abuse
and exploitation, and provide better living conditions for rescued males from
abuse.
3. Teaching value-added courses: Improving the
education system is the first step towards creating an ideal society. The
underlying cause of our problems stems from our upbringing and education. There
shall be mandatory subjects on gender equality or other relevant fields to
teach kids the do's and don'ts from the start.
4. Awareness and Health
Initiatives: Launch national initiatives to promote awareness about men's
health issues like prostate cancer. Include males in data gathering measures
for health and well-being to ensure their special requirements are met.
5. Legal Reforms and Support
Services: Examine laws that may discriminate against males and breach their
constitutional rights. Provide rehabilitation, aid, and skill development to
homeless males. Ensure that fathers are treated fairly during divorce proceedings
to avoid alienation from their children. [20]
6. Data Collection and
Gender-Neutral Laws: Collect statistics on crimes against men and create
gender-neutral regulations to effectively combat these crimes. Amend laws that
discriminate against and violate men's rights. Focus on shared parenting during
divorce processes to keep fathers involved in their children's lives.[21]
7. International Cooperation:
Work with international organizations such as the European Commission to
coordinate gender equality policies and share best practices for combating
gender stereotypes that affect both men and women.[22]
Implementing these recommendations may enable
a Men's Commission to successfully address the special issues that men confront
in society, promote gender equality, provide support services, and assure
equitable legal treatment.
Reference List
1. Rui
Nomoto & UNICEF Regional Office for South Asia, Gender Equality: Glossary
of Terms and Concepts (2017), https://www.unicef.org/rosa/media/1761/file/Genderglossarytermsandconcepts.pdf.
2. Tanya Trivedi, 74% of all rape cases filed in India are fake, TFI
Post, https://tfipost.com/2022/03/74-of-all-rape-cases-filed-in-india-are-fake (last accessed on April 17, 2024).
3. Oxford Learner's Dictionaries, Gender-Neutral, available at https://www.oxfordlearnersdictionaries.com/definition/american_english/gender-neutral (last accessed on April 17, 2024).
4. World Health Organization, Gender, WHO/Europe, https://www.who.int/europe/health-topics/gender (last visited Mar. 31, 2024).
5. P. Bhardwaj, A National Commission for Men? SC Refuses to
Entertain Plea, SCC Blog, SCC Times (July 4, 2023), https://www.scconline.com/blog/post/2023/07/04/national-commission-for-men-sc-refuses-to-entertain-plea-domestic-violence-legal-news/.
6. Dr.
Aliraza Javaid, Male Rape, Masculinities, and Sexualities: Understanding,
Policing, and Overcoming Male Sexual Victimisation, B.Sc. (Hons), M.Sc.,
M.Res., Ph.D., University of Newcastle School of Geography, Politics, and
Sociology, October 2017. Available at https://theses.ncl.ac.uk/jspui/bitstream/10443/3922/1/Javaid%2C%20AR%202017.pdf
7. Farrell, Warren. The Myth of Male Power: Why Men Are the
Disposable Sex. Berrett-Koehler Publishers, 2001.
8. R.W.
Conell, Male Victims of Sexual Assault: A Review of
the Literature, 10 J. Int'l Women's Stud. 1 (2023), https://doi.org/10.1086/427525.
9. Aradhya Singh, Gender Inequality in Rape Laws, International
Journal of Law Management & Humanities, Volume 4, Issue 4, 2035-2054
(2024). Available at https://ijlmh.com/paper/gender-inequality-in-rape-laws/
10. Susmita Sen, False Rape Allegations and its Implications on basic
Legal Rights of the accused, Jus Corpus Law Journal,2023. Available at https://www.juscorpus.com/wp-content/uploads/2023/02/139.-Susmita-Sen.pdf (last accessed on April 17, 2024).
11. AIR 2021 P & H 1084 (2021).
12. John C. Thomas & Jonathan Kopel, Male Victims of Sexual
Assault: A Review of the Literature, National Center for Biotechnology
Information (NCBI), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10135558/ (last accessed on April 17, 2024).
13. Camille E. LeGrand, Rape and Rape Laws: Sexism in Society and Law,
61 Cal. L. Rev. 919 (1973), available at https://lawcat.berkeley.edu/record/1110639?ln=en&v=pdf (last accessed on April 17, 2024).
14. AIR
1996 SC 1393.
15. 2004
Case No. 589 of 1999.
16. A.I.R. 1991 SC 207.
17. Writ
Petition No. 68 of 2008, Registration of FIR in Light
of Lalita Kumari v. Govt. of Uttar Pradesh: Case Analysis, Manupatra,https://articles.manupatra.com/article-details/Registration-of-Fir-in-Light-of-Lalita-Kumari-V-Govt-of-Uttar-Pradesh-Case-Analysis (last accessed on April 17, 2024).
18. A.I.R. 1996 SC 922.
19. Commission on the Status of Women, 48th Session, “The role of men
and boys in achieving gender equality,” Division for the Advancement of Women,
DAW Website, Department of Economic and Social Affairs, United Nations, http://www.un.org/womenwatch/daw/csw/csw48/Thematic1.html.
20. Formation of "NATIONAL COMMISSION FOR MEN" in INDIA,
Change.org, https://www.change.org/p/narendra-modi-formation%20of-national-commission-for-men-in-india
(last visited Apr. 17, 2024).
21. United Nations Department of Economic and Social Affairs, Expert
Group Meeting on Equal Participation of Women and Men in Decision-Making
Processes, Addis Ababa, Ethiopia, 24-27 October 2005, available at http://www.un.org/womenwatch/daw/egm/eql-men/index.html.
22. Council of Europe, Balanced Participation, https://www.coe.int/en/web/genderequality/balanced-participation (last visited Apr. 17, 2024).
[1] Rui Nomoto & UNICEF
Regional Office for South Asia, Gender Equality: Glossary of Terms and Concepts
(2017), https://www.unicef.org/rosa/media/1761/file/Genderglossarytermsandconcepts.pdf.
[2] Tanya Trivedi, 74% of all rape cases filed in India are fake, TFI Post, https://tfipost.com/2022/03/74-of-all-rape-cases-filed-in-india-are-fake (last
accessed on April 17, 2024).
[3]Oxford
Learner's Dictionaries, Gender-Neutral, available at https://www.oxfordlearnersdictionaries.com/definition/american_english/gender-neutral (last
accessed on April 17, 2024).
[4] World Health Organization, Gender, WHO/Europe, https://www.who.int/europe/health-topics/gender (last
visited Mar. 31, 2024).
[5] P. Bhardwaj, A National Commission for Men? SC Refuses to Entertain
Plea, SCC Blog, SCC Times (July 4, 2023),https://www.scconline.com/blog/post/2023/07/04/national-commission-for-men-sc-refuses-to-entertain-plea-domestic-violence-legal-news/.
[6] Dr. Aliraza
Javaid, Male Rape, Masculinities, and Sexualities: Understanding, Policing, and
Overcoming Male Sexual Victimisation, B.Sc. (Hons), M.Sc., M.Res., Ph.D.,
University of Newcastle School of Geography, Politics, and Sociology, October
2017. Available at https://theses.ncl.ac.uk/jspui/bitstream/10443/3922/1/Javaid%2C%20AR%202017.pdf
[7] Farrell, Warren. The Myth of Male Power: Why Men Are the Disposable Sex.
Berrett-Koehler Publishers, 2001.
[8] R.W. Conell, Male Victims of Sexual Assault: A Review of the Literature,
10 J. Int'l Women's Stud. 1 (2023), https://doi.org/10.1086/427525.
[9] Aradhya Singh, Gender Inequality in Rape Laws, International Journal of
Law Management & Humanities, Volume 4, Issue 4, 2035-2054 (2024). Available
at https://ijlmh.com/paper/gender-inequality-in-rape-laws/
[10] Susmita Sen, False Rape Allegations and its Implications on basic
Legal Rights of the accused, Jus Corpus Law Journal,2023. Available at https://www.juscorpus.com/wp-content/uploads/2023/02/139.-Susmita-Sen.pdf (last
accessed on April 17, 2024).
[12] John C.
Thomas & Jonathan Kopel, Male Victims of Sexual Assault: A Review of the
Literature, National Center for Biotechnology Information (NCBI), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10135558/ (last
accessed on April 17, 2024).
[13] Camille E. LeGrand, Rape
and Rape Laws: Sexism in Society and Law, 61 Cal. L. Rev. 919 (1973), available
at https://lawcat.berkeley.edu/record/1110639?ln=en&v=pdf (last accessed on April 17, 2024).
[14] AIR 1996 SC 1393.
[15] 2004 Case No. 589 of 1999.
[16] A.I.R.
1991 SC 207.
[17] Writ Petition No. 68 of 2008, Registration of FIR in Light of Lalita Kumari v. Govt. of
Uttar Pradesh: Case Analysis, Manupatra,https://articles.manupatra.com/article-details/Registration-of-Fir-in-Light-of-Lalita-Kumari-V-Govt-of-Uttar-Pradesh-Case-Analysis (last
accessed on April 17, 2024).
[19]Commission on the
Status of Women, 48th Session, “The role of men and boys in achieving gender
equality,” Division for the Advancement of Women, DAW Website, Department of
Economic and Social Affairs, United Nations, http://www.un.org/womenwatch/daw/csw/csw48/Thematic1.html.
[20]Formation of
"NATIONAL COMMISSION FOR MEN" in INDIA, Change.org, https://www.change.org/p/narendra-modi-formation%20of-national-commission-for-men-in-india (last visited Apr. 17, 2024).
[21] United
Nations Department of Economic and Social Affairs, Expert Group Meeting on
Equal Participation of Women and Men in Decision-Making Processes, Addis Ababa,
Ethiopia, 24-27 October 2005, available at http://www.un.org/womenwatch/daw/egm/eql-men/index.html.
[22] Council
of Europe, Balanced Participation, https://www.coe.int/en/web/genderequality/balanced-participation (last
visited Apr. 17, 2024).
Article Information
MEN’S COMMISSION: ADVANCING GENDER EQUALITY AND EMPOWERMENT IN INDIA
Authors: YASHI SHUKLA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/22
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.