“AN ANALYSIS OF PERCEPTIONS AND REALITIES OF MALE VICTIMS OF DOMESTIC VIOLENCE IN INDIA” BY - MANU SINGH
“AN ANALYSIS OF PERCEPTIONS AND
REALITIES OF MALE VICTIMS OF DOMESTIC VIOLENCE IN INDIA”
AUTHORED BY
– MANU SINGH[1]
ABSTRACT
This research paper has been authored
in order to explore the perceptions and realities surrounding the contentious
issue of women playing the “scapegoat in the context of the Protection of Women
from Domestic Violence Act, 2005(PWDVA) in India. Learning from many existing
literature, and statistical data the paper analyses the root causes of this
issue and its wider implications. The paper has two main dominant perceptions
that are associated with the issue as the women may misuse the PWDVA laws as a
means of revenge or to extract personal gains and the paper argues that while
such perceptions should be acknowledged they should not undermine the suffering
of genuine victims of domestic violence. Data and research studies emphasize
the prevalence and severity of the Domestic Violence act (DV Act), highlighting
the urgent need to combat these social problems. This paper also considers the
importance of promoting a nuanced understanding of the complex issue and the
way to combat gender bias.
INTRODUCTION
Over the past decades, women have
been facing serious issues regarding their safety and protection of a right,
addressing their issues government has made many laws in their favor. One of
the major changes or initiation in this regard was the formation of the Domestic
Violence Act, of 2005. The Protection of Women from DV Act, 2005 The title of
this act is itself sufficient for us to understand for what purpose this act
came into force. The title mainly talks about the protection of women, which
means this act wholly and solely talks about the problems faced by women and
the ways to address these issues. It is a civil law passed in 2005 which aims
to provide relief to women, who have been suffering from domestic violence. The
commencement of this act was from The Constitution of India Act is the main
source for the initiation and the formation of this act, Article 15(2) which
specifically states that the state can make special provisions for women and
children in order to guarantee equality in rights.
In the present time, the use of these
laws has been converted into misuse of these laws. Women need to understand the
real intention of the legislators behind the formation of domestic violence
law. Women nowadays file fake cases against their husbands under the Domestic
Violence Act, of 2005 just to take revenge even for a small fight. The acts
define Domestic Violence for the first time under Section 3 of the said act,
where any act done by a man constitutes as violence against the woman, the
victim under the Domestic Violence Act, 2005.
The definition clause of this act is itself biased towards man as it
does not give any scope of protection for a man from the charges under this
act.
The Protection of Women from Domestic
Violence Act, 2005 is a comprehensive act that covers all forms of domestic
violence whether physical, emotional, sexual, or economic, all the protective
measures are provided under this act. But still one of the major concerns still
not addressed is that there is no limitation or boundary provided for the usage
of the laws provided under this act by women. There have been many instances
where it is evident that women have been accused of exploiting the provision of
the Domestic Violence Act, of 2005 for ulterior motives where men are the victims
of Domestic Violence. It has been seen that women have been misusing this act
by taking undue advantage during divorce proceedings, child custody battles, or
property disputes. It has been presumed that women have been taking advantage
of their position or the provided under this act just to exaggerate the extent
of their suffering to extract monetary benefit from their partner in the form
of alimony, maintenance allowances, and property claims. Disregarding the
experience of a genuine victim based on an assumption about women playing the
victim card would be detrimental to efforts aimed at combating domestic
violence.
It is crucial to promote a nuanced
understanding of the complexities surrounding this issue, ensuring that the rights
and needs of both genuine victims and those accused of exploiting the legislation
are addressed appropriately.
RESEARCH
OBJECTIVE:
This paper focuses on a critical
appraisal of the Domestic Violence Act, of 2005, and modifications of
provisions under the act which are wholly and solely in favor of women. The
problem that has been discussed in this paper is whether women are always the
victim and can never be a predicator and whether the DV Act, 2005 is biased in
terms of laws made in favour of women. The problems faced by women in society remain
the same, the only fact that has been discussed is to which extent these laws
are being misused or abused by women. This research paper also discusses the
fact that men can also be the victim, women are not the only gender who are the
sufferers in gender-biased laws and legislations.
GENDER ROLES: HISTORICAL CONTEXT IN INDIA
India's
history is rife with patriarchy, which has long had a significant impact on how
both men and women are viewed in society. It has been extensively addressed how
patriarchy affects women, but it is equally vital to comprehend how it impacts
men in contemporary Indian culture.
According
to India's traditional gender roles, men were expected to care for and defend
their families while women were only allowed to perform household tasks. Due to
their influence on cultural norms and religious beliefs, these roles served to
maintain patriarchal ideas. But in modern India, these dynamics have gradually
transformed.
In
the modern world, societal expectations, and stereotypes cause issues for men.
Men are stressed out and upset mentally when they cannot play the guardian and
provider duties that are expected of them. Furthermore, some women might take
advantage of the laws by accusing men of wrongdoing, which could lead to legal
issues and reputational damage.
Problems
with men's mental health should also be taken seriously. Due to social
expectations that they will be emotionally resilient and stoic, males are less
likely to seek help for emotional suffering, which results in underreported
mental health issues.
Furthermore,
instances of abuse and discrimination against men, such as domestic violence,
unfair custody battles, and workplace harassment, are usually overlooked due to
historical beliefs developed by patriarchy.
Recent
events in India have raised awareness of these difficulties. Attention has been
called to men's mental health difficulties and cases of false accusations. The
#MeToo movement has brought attention to instances of male workplace
harassment.
It needs
a thorough strategy to address these issues while respecting patriarchy's
historical background. It entails promoting gender equality that is
advantageous to all parties, encouraging open discourse, and dispelling
misconceptions. India ought to work toward a future in which everyone,
regardless of gender, can manage their responsibilities and difficulties
without being restricted by conventional expectations or the misapplication of
victimhood narratives.
In
conclusion, India's historical patriarchy had an impact on both men and women
for a long time. Males nowadays face issues such as discrimination, stigma
surrounding mental health, abuse of victim narratives, and stereotypes. The
significance of resolving these concerns for a more egalitarian society is brought
home by recent events.
TRADITIONAL GENDER ROLES IN IN SOCIETY:
Indian
tradition is a complex tapestry, and traditional gender roles have been a key
factor in shaping societal dynamics for many centuries. These highly ingrained
roles, which are firmly established in historical norms and cultural
traditions, have had a significant impact on how victimization is viewed. These
gender roles have been well established throughout India's history, with men
being designated as the primary sources of income and family defenders and
women as the homemakers and keepers of familial honor.
The
concept of using women-biased laws has been used often in recent times. It
describes circumstances when certain women take advantage of other people's
perceptions of their vulnerability to gain sympathy, support, or advantages in
a range of contexts, such as legal or personal disputes. Such tactics have
broad repercussions since they not only cast doubt on the truthfulness of
actual victimization allegations but also have a detrimental impact on the
accused individuals. These consequences may include destroyed reputations,
drawn-out legal battles, and psychological suffering.
Generalizations
would be wrong, though, as not all women desire to play the with the gender-biased
laws of the country. The social environment is further complicated by the
perpetuation of gender roles that perpetuate
stereotypes and inequity.
EVOLUTION
OF GENDER-SPECIFIC LEGISLATIONS:
The gender-specific roles have
developed over the years and have evolved in order to curb gender equality,
safeguard women’s rights, and combat discrimination and violence. The brief
overview and the analysis of the intentions of the laws that have come up till
now are as follows:
·
Pre-Independence Era:
In the post-independence era, there
were many movements that witnessed women's development advocating for their
rights. In the 20th century, there were many developments in 1929
the Sarda Act, or Child Marriage Restraint Act was passed to curb the cases of
child marriages that were prevalent in the society at that time.
·
Post-Independence Era:
o
The
Indian Constitution, 1950 was adopted which also talked about gender equality
and the rights of women in India.
o
The
Hindu Marriage Act, of 1955 was a standardized law that governed Hindu
marriages, divorce, and adoption which included provisions for women.
o
The
Dowry Prohibition Act of 1961 which came in order to eliminate dowry practices
and to protect women who have been actual victims
o
The
Equal Remuneration Act of 1976 gave the right to get equal pay for equal work
regardless of gender bias.
·
In the Era from 1980 to 2000:
o
The
Protection of Women from Domestic Violence, 2005 came in to curb domestic abuse
and the legislation provided legal safeguards and remedies for victims
o
The
National Commission for Women (NCW) in 1992 was established to boost the rights
of women’s rights.
·
In the Era from 2000 to till date.
o
The
Sexual Harassment of Women at Workplace (Prevention, Prohibition, and
Redressal) Act, 2013: It aimed to protect prevent and address the issues of
sexual harassment in the workplace.
o
The
Maternity Benefit (Amendment) Act, 2017 came up with the laws to extend
maternity leave and benefits for formal sector female employees.
o
The
Triple Talaq Act, 2019 criminalized the practice of triple talaq that was
prevalent in the society which protected Muslim women.
o
The
Transgender Persons Act of 2019 was brought which recognized the rights of
transgender individuals and protected them from discrimination.
The legislation as discussed above
shows the development of gender-specific legislations in India that came up in
order to rectify the injustices and address the gender bias that is prevalent
in society. The intentions of all the laws are to protect women's rights,
promote gender equality, and empower marginalized society. However, there are
still debates to ensure that these laws are effectively achieved to have an
equitable society.
AN ANALYSIS OF DOMESTIC VIOLENCE ACT, 2005
In India, there has been a lot of
attention paid to the issue of violence against women in recent times. The
Continuing rise in the incidents of violence against women, especially domestic
violence and abuse has been a source of concern for civil society as well as
for policymakers. The title of the act which is Protection of Women from DV Act,
2005 expresses its intent and purpose to address and combat domestic violence,
safeguard victims, and punish offenders. Under the act itself, it has been
stated that the victim can be the woman only whereas the scope for a man to be
considered as the victim is nowhere mentioned.
This act came into existence just to
combat all the issues and struggles that were faced by the women, facing
domestic violence. The intent or the intention of the legislator behind the
commencement of this act was clearly to provide a protective right to domestic
women. Women in the early time or decade were not aware of their rights and the
status of women was below that of men. The acts in those times were not
inclined towards women. So, according to Article 15 of the Constitution, it was
decided by the legislators that there is an urgent need to create a particular
act that specifically talks about the problems and issues faced by these domestic
women. All these issues were once prevalent in society but in today’s
contemporary times where women are much more vigilant and aware about their
rights, the need for this gender bias act is not needed.
The law under this act was mainly
proposed for the protection of women and with the intention to take a
significant legislative step to protect women from DV Act. In the present
scenario where the intention of the legislature behind the commencement of this
act has been diminished so, the need to amend the act has been at its peak. The
women have been misusing their rights just to fulfill their needs or to satisfy
their egos. There are various incidents where men are suffering because of the
fake cases alleged by women based on trivial matters or fights.
PERCEPTIONS AND REALITIES OF WOMEN
ACTING AS VICTIM
The concept of playing victim card is
deeply mixed with the issue of gender bias. The victim card refers to
portraying the image as a victim and gaining sympathy, support, or advantage of
the various situations like laws of the state. Domestic violence is a pervasive
problem in society that affects women and their experiences often involve
navigating societal problems related to victimhood. The act aims to provide
legal protection and support to victims of domestic violence in India and
reflects the broader societal challenges and perceptions surrounding domestic
violence. Further, we will explore the concept of women playing the victim card
within the context of PWDVA and how it relates to gender bias and its
implications for survivors and the legal system.
DV Act, of 2005 is an important piece
of legislation in India it is designed to address domestic violence in order to
curb various types of abuse which includes physical, emotional, psychological,
and economic abuse within the home on the women. The act recognizes the rights
of women victims so that they can live free from any violence and give them
protection and support. The act has gained power from Article 15(2)[2]
which states that the “State can make special provisions for women and
children” so that the right to equality can be achieved. The Act for the first
time defined ‘domestic violence’ under section 3 for the first time. Earlier
women did not have much knowledge of going to the court and taking remedy from
the court and because of the order to give infrastructural tools to access the
courts, the law was made. In order to put women and children on equal footing
the DV Act came into being and now it has been mutualized by women.
In a male dominant society, it is
very difficult to make believe that male has been molested or the complaint
that is filed is false and fabricated. Women are playing the victim card by
filing cases under the DV Act, of 2005 is quite normal nowadays. The women file
a case against the men accusing their husbands of their ulterior motives such
as gaining an advantage in legal proceedings, seeking revenge, or obtaining
financial support.
Domestic violence can be defined as
the pattern of behavior in any relationship that is used to gain or maintain
power and control over an intimate partner[3].
The act fails as it is only for the woman and not the husband and it is one of
the biggest loophole women’s many times uses in order to take advantage of the
situation. There is a general perception that men are perpetrators who fall
into the traps of women or play the role of women are the victims in order to
gain personal benefits from in-laws and husbands which in return harms the
woman who is being a victim of domestic violence.
There are many organizations that are
working in order to oppose this law as a gender-biased law. Even the former
Minister for Women and Child Development has accepted that an equal gender law
should be made where there is no biasness based on gender.
In the case of Major Singh and
Another v/s Sarabjit Kaur[4],
in this case, the wife alleged the husband and in-laws threatened her. The wife
was having an extramarital affair and for that, she threatened her husband and
in-laws. The husband after coming in pressure filed for divorce from her
husband. The court in this case said that the PWDVA had been misused in order
to terrorize the spouse and their family members and relatives. The court went
on and named it as ‘legal terrorism’.
In the case of Smt Geetanjali v/s
Sri B.M. Anantha[5],
the facts of the case were that the husband tortured his wife and she was not
given proper treatment and was not humanly with her. But after the
investigation, it was found that the husband was falsely alleged and the wife
in order to harass her husband, and her in-laws and relatives falsified and
concocted various allegations and suppressed important facts in order to
harass. The court said that the wife misused PWDVA as a tool to extort money
from her in-laws and husband in an unjustified manner for her personal gains.
In the news article of The Hindu,
with the heading “Around 80% of the cases we get turn out to be false”[6],
it was stated in the article that the cases that are filed by women in Noida
are false and fabricated and they are filed in order to make personal gains.
There is not only the Domestic
violence case in which such gender biases can be seen, we have examples like
rape in which women rape is a crime but men rape is not a crime because it is a
male dominant society.
In a famous case Nisha Sharma Case
(2003)[7],
Nisha Sharma accused her prospective groom of demanding dowery, the case was
covered by the media and she became a role model for society but when the case
ended in the year 2012, all the accused got acquitted and it was found that Nisha
Sharma filed a false and fabricated case by misusing the anti-dowry laws in
India.
There are many consequences if the
women will use the laws for personal gains and accusing the people. The
consequences of the women being perceived as acting as victim are as follows:
·
Re-Victimization: Sometimes the women who are the true victims of domestic violence are
also perceived to be playing as a victim and because of this they face trauma
and feel re-victimized again.
·
Underreporting of Actual Victimhood: Women also now hesitate to report instances of
harassment because of the perception of acting as a victim. They fear that
nobody will believe them and rather they will blame her for seeking attention.
·
Hinderance of Legal Remedies: The fear among the women has encouraged the predators to
abuse and harass the women as there are fewer chances of deterrent
consequences.
·
Perpetuation of Stereotypes: Women are considered emotional or manipulative by society
for playing the victim card and because of this gender bias and discrimination
have emerged against women in the contemporary era.
·
Diverted attention from Genuine issues: Genuine issues like gender-based
discrimination and violence are dismissed or neglected because of few women
acting as a victim. Now, the situation is such that society focuses on the
credibility of women rather than the genuine issues of women.
The consequences of the same can be
detrimental to the country at large. It's important for the courts to approach
the cases with the utmost sensitivity and by considering the complexities of
the cases in every situation prioritizing the protection of women if required
and supporting actual victims while ensuring fair and just assessments of
claims.
The accusations against the man and
his family destroy the life and the future of the person against whom these
cases have been registered. This needs to be stopped as soon as possible. This
will not only be a relief for the husbands and relatives but also for the
courts and tribunals that have so many cases pending.
EMPOWERMENT V/S VICTIMHOOD
Women’s empowerment is about us
realizing that a woman is more than just their gender and that every voice
deserves to be heard[8]. A few decades ago, that was the time when
women needed to be empowered as they were facing violence in various forms such
as physical, sexual, or mental. But that was also the time when women were not
even safe in their own households due to domestic violence committed against
women by their partners or any other family members. In the year World Health
Organization studied the principal factors behind such violence and reported it.
All over the world women who are married are facing domestic violence in
physical or sexual form by their spouse[9]. According to the report of WHO the women who
are facing and have faced abuse from their partners have a greater chance of
suffering from health problems and some effects of the violence are everlasting
on their mental and physical state. As described by the World Health
Organization[10]. Around
this time frame, NCW (National Commission for Women) registered domestic
violence complaints in huge percentages. There were various reasons for the
increasing rate of domestic violence cases in India such as abusive and violent
childhood, consumption of alcohol, the women’s mental state in the various
sections of society and especially weaker sections of the society, societal factors,
and many others. Hence, the parliament of India established a weapon for women
by providing them with power and rights enshrined under the Protection of Women
from DV Act, of 2005.
However, in the contemporary period
the position of women has changed and uplifted to the extent that instead of
using the rights under the act, they are now misusing the same just for the
sake of their satisfaction. Basically, the statement “Cruelty has no gender”
could be done by anyone who is filled with revenge and egocentrism is true in
this generation. Domestic Violence which is also known as intimate partner
violence has no longer boundaries, the victims of domestic abuse and violence
could be both men and women. It can happen in any relationship either
heterosexual or same-sex relationships. Is there any law, that stands for the
justice of men tortured or trapped in fake cases reported by women? There is
not a single report that can provide exact data on such cases where men are the
victims of domestic violence and abuse rather there are a bunch of cases
against the men, which are reported in one single day. These cases go
unreported due to the sick mentality of society that men can never be the
victim of domestic violence and abuse. Men are going through physical, mental,
psychological, and emotional effects due to the violence and abuse caused by
women. There are various instances where men choose not to disclose the
violence caused to them due to reasons such as fear of fake cases filed against
them or their family members, and societal and family pressure.
Under this circumstance, it is time
to reform the laws and make them gender-neutral. The government should
implement such laws which can protect men, who are the victims of domestic
violence. As the number of fake cases of domestic violence, dowry, or cruelty has
been increasing at its peak, men are undergoing mental trauma and emotionally
drained. It is time for the legislators to amend the definition of Victim under
the DV Act. According, to the definition of Victim under the Protection of Women
from Domestic Act, 2005. The ambit of the word victim should not be categorized
by gender, rather it should be gender-neutral and should protect both men and
women equally. The laws should be gender neutral rather than gender specific
and it could only be possible when the crime, domestic violence is considered
as spousal violence and must not be differentiated due to gender. due to
modernization and Westernization in society, there are various social and
cultural developments, where women are considered members of the family instead
of just an object. With this improvement, it is an urgent need for the
legislature to amend the provisions provided under the DV Act, of 2005, and
make them gender-neutral.
CONCLUSION
The research paper provides an
analysis Protection of Women from DV Act, 2005. It creates the dynamic
relationships between men, and women, domestic abuse, and the problems arising
from the misuse of this legislation. the
DV Act of 2005 was passed only with the intent to provide protection to the
women living under the four walls of the household. The title of this
legislation itself indicates the intent and the reason behind the legislation
of this Act by the legislator. There was a time when this legislation was much
needed but in the contemporary era, women are misusing the rights given to them
by accusing the men of false and frivolous cases. Due to some, we cannot ignore
the true victims of domestic violence, who are still facing some or the other
issues related to domestic violence. It makes a strong case that men can also
become victims of domestic violence; they can also be the weaker person in one
household. However, because of societal preconceptions that hold that males
cannot be victims of domestic violence, the current legal system frequently
ignores the suffering of men. Women have been using this act only to benefit
men and their families such as to earn money and make themselves. In the end, the
research paper discusses that it’s the time when the legislators need to think
about men too and provide them equal protection so that they can feel free to
at least lodge the case under this act.
LIST OF REFERENCES
·
Heifer International “What does Women’s Empowerment Even Mean?” (Heifer
International, May 8 2018)
·
World Health Organization “Violence Against Women” (World Health
Organization, 29 November 2017)
·
World Health Organization “Violence Against Women” (World Health
Organization, 29 November 2017)
·
Architi Batra “Misuse of the Protection of Women from Domestic Violence
Act, 2005” (YLCube, 23 June 2020)
[1] Student
at Symbiosis Law School, Nagpur, 5th year.
[2] Constitution of India, Article
15(2), 1949.
[3] “Kulshreshtha, Y. (n.d.). Misuse of the
protection of women from Domestic Violence Act, 2005. YLCube. https://ylcube.com/c/blogs/misuse-protection-women-domestic-violence-act-2005/”
[4] “Major Singh and Another v/s
Sarabjit Kaur, MANU/PH/1770/2018”
[5] “Smt Geetanjali v/s Sri B.M.
Anantha, 2018 SCC OnLINE 24”
[6] Reporter, S. (2016, April 21). “Around
80% of the cases we get turn out to be false.” The Hindu. https://www.thehindu.com/news/cities/Delhi/around-80-of-the-cases-we-get-turn-out-to-be-false/article6266926.ece
[7] “Mahila Nisha Sharma v/s State of
Madhya Pradesh, 2012 SCC OnLINE MP 6592”
[8] “What Does
Women’s Empowerment Even Mean? (n.d.).
Heifer International. https://www.heifer.org/blog/what
does-womens-empowerment-even-mean.html”
[9] “Fact sheets. (n.d.). Www.who.int. Retrieved September 18, 2023, from https://www.who.int/news-room/fact-sheets/details/violence-against-women”
[10] “Fact sheets. (n.d.). Www.who.int. Retrieved September 18, 2023, from https://www.who.int/en/news-room/fact-sheets/details/violence-againsy-women”