Open Access Research Article
DOMESTIC VIOLENCE AGAINST MEN IN INDIA
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Article Details
DOMESTIC VIOLENCE AGAINST MEN IN INDIA
AUTHORED BY
- GURKIRAT SINGH
ADVOCATE
HIGH COURT
OF UTTRAKHAND
ABSTRACT
The issue of domestic violence in
India was always of the core issues often faced by the women in the society
after marriage, with the increase in cases of domestic violence and cruelty
against women government amended various laws and brought several legislation
for protection of women against domestic violence. The acts such as Protection of Women from Domestic Violence
Act, 2005, Dowry Prohibition Act,1961 and several amendments in the Indian
Penal Code such as introduction of 498-A has ensured safety and protection of
women from domestic violence but has also opened up Pandora’s box with regard
to misuse and frivolous litigation against men. There has been increase number
of cases of cruelty against men and therefore a system check and balance is
required to ensure that both women and men are able to secure their rights and
are protected against frivolous litigation.
Introduction
Human civilization has
been in existence from time immemorial, with the different kind of
civilizations different forms of customs and culture developed, the rules and
the laws evolved and developed with the advancement of the civilization. The
concept of marriage also originated in ancient times and evolved and changed
from time to time. Earlier polygamy and polyandry were allowed, later with the
passage of time both the polygamy and the polyandry were made punishable, and
the laws relating the marriages were made. The people started realizing the
importance of codified and written laws and had more acceptability for the
written laws. At the same time, the 19th century altogether
experienced drastic and pragmatic changes especially for atrocities against
women for example abolition of the Sati System and the introduction of the
re-marriage of the widow. The laws such as the Hindu Marriage Act,1955, the
Special Marriage Act,1954 and the laws relating to the adoption were also
introduced. These laws provided for the methods right from consummation of
marriage to the dissolution of marriage, clearly stating the rules and the
conditions for a valid and a legal marriage. The 20th century has
seen a stringent and active enactments and amendments of certain law for the
protection of women especially to protect women from cruelty after marriage,
the Prohibition of Dowry Act, 1961 and the amendments in the IPC (Indian Penal
Code 1860) with regard to cruelty. At the same these laws also protects and
safeguards the right of the women in case of domestic violence as well.
Domestic violence or the
domestic abuse can be defined as a pattern of behavior in any relationship that
is used to gain or maintain power and control over an intimate partner. Abuse
can be physical, sexual, psychological action or threat of actions that
influence another person.[1] The issue of domestic violence is not a new
issue, it has been in existence and from time to time it has drawn the
attention of the society. With the increase in the new challenges at job and
the increasing competition at workplace, there has been increase in case of
domestic violence, unfortunately the cases of domestic violence has also been
reported in the families which are well to do and economically self sufficient.
According to reports family and domestic violence is a common problem in the
United States affecting an estimated 10 million people every year; as many as
one in every four women and one in every nine men are the victim of domestic
violence.[2] It
is also believed that the domestic violence also depends upon the societal
behavior and the individual behavior; there can be a number of factors
contributing to the increase in the cases of the domestic violence. Although
domestic violence has been prevailing in the families and the relationships in
the past as well, but now it has become of the issues people are becoming
concerned and aware about. Earlier domestic violence was mostly inflicted by
the men upon the women but now day’s men are also becoming the victim of
domestic violence. The legislations and the laws provided by the government are
often being misused by the women to meet their own selfish motives. The
increase in the number of cases in domestic violence is drastic and there is a
need to solve the problem of domestic violence both socially and legally.
Earlier women were
considered to be a weaker section of society and in case of domestic violence
men were considered to be the culprit of the domestic violence; but today the
scenario has changed and men are equally abused and are the victims of the
domestic violence. In most of the cases the laws which were made with the
intenet to protect and safeguards the rights of the women are being misused and
used as a weapon for mental harassment and intimidating men. In Europe and the
western countries, an increasing trend in the domestic violence has been
observed the number of cases of domestic violence increased especially during
the times of the pandemic i.e the covid-19. The European countries signed the Treaty of Istanbul in 2011
also known as Council of Europe convention on preventing
and combating violence against women and domestic violence order to deal
with cases of the domestic violence.[3] It
is signed by most of the European countries and ratified by 20 countries as of
now. The treaty provides for non gender biased mechanism thus considering the
domestic violence from the both the aspects of the men and women.
Domestic Violence in India
1.
Early period
India is a country of
rich culture, traditions, customs and values; it has been ruled by different
rulers of different origin and therefore has developed and imbibed mixed
culture and values. India has witnessed the time and the situations where it
has seen a time period where the women were treated with respect and equal
rights were given to women and at the time whereby the women were mere left to
animal like existence. The situations of women or the destiny of the women
depended upon the dynasty or the kingship of the kings for example during the
Mauryan Empire the women were treated with respect and exercised certain rights
such as right to profession, education and right to own property. Howsoever
situation deteriorated with the passage of time and especially during the
invades whereby several restriction were imposed such as the Purdha system,
sati system, jowhar etc. It was only during the British rule wherein the
conditions of women improved and certain legislations were made by the colonial
rule for the protection of the women. Howsoever the issue of domestic violence
existed in earlier period as well but as such no laws or the protection were
granted to the women as they were considered inferior to men. It was only
during the British or the Colonial rule that the status of the women began to
improve prior to colonial rule atrocities against women were highest, the
selling of minor girls, the devdasi system and the sati system were practiced
widely. It was during the 19th
Century that the social evil practices were eradicated mainly by the
interefernce of the colonial rule and the efforts activists like Raja Mohan Ruoy, Ishwar
Chandra Vidyasagar and Maharaja S. Rao.[4]
2.
After independence
After independence
several efforts are being made to improve the plight and condition of women in
India, the legislation made various laws for the upliftment and protection of
women. The constitutional framers ensured that the women of the country should
not be ignored and given more of privileges and opportunities, as the nations
progress now also depends upon the gender equality, “The best thermometer to
the progress of the nation is its treatment of its women.”[5]
The preamble of the constitution and several of its articles also provides
equal rights and special treatment of women,
Article 14, 15 and 16 talks about the equality of sttaus and
oppurtunities for all irrespective of any kind of discrimination. Moreover
Article 15 (3) provides for making special provisons for protecting the interest of the women and
children. Similarly 73rd Amendment of the constitution also played a
key role for the upliftment of the status of the society and women by adding
the provisons of the Panchayti Raj
system and providing for the reservation of the 1/3rd seats for the
women in the elections in addition to the seats reserved for the scheduled
caste and the schedule tribes. [6] In
today’s era women are given equal opportunities both economically and socially
and can be seen working shoulder to shoulder with men. With the laws in action
for the protection of women, the womens in India have come a long distance the
laws not only provide protection at the workplace but also at homes and
society. The laws like Prohibition of Dowry Act,1961, The protection of women
from Domestic Violence Act,2005 and Section 498 A of the IPC ensure the
protection of women after marriage and in society. But as we say “Absolute
power corrupts absolutely” the plight and condition of men have worsened as the laws meant for the
protection of women are being misused by women for their own personal vendetta
and selfish motives.
The domestic violence in
India has been exsisting from the past
as the plight of the women in the society was not very good, therefore
the issue of domestic violence was
considered to be a common story of the house. But today domestic violence is
considered to be a crime and has serious consequences, the state governments
have separate set-up of women cell in police to deal with the issues of
domestic violence. The cases of domestic violence are increasing day by day
over 2300 domestic violence were reported with National Commission for Women
between January and may in 2021 the highest for any years since 2000.[7]
There is no iota of doubt that pandemic Covid-19 also lead to the increase in
cases because of the changing environment and the frustration, but at the same
time the cases of domestic violence are often filed with the malafide
intention. The laws are often being misused by the women for their own personal
gains and motives. In most of the divorce cases, we often get to see that a
counter suit against husband and his relatives is filed under the Prohibition
of Dowry Act 1961, Or 498-A IPC or both.
As a result the husband and the family members of the husband has to go
through mental agony and the long process of litigation just to satisfy the
claims and settlement of the wife and to ensure the final decree of divorce or
the unfavorable settlement outside the court.
One of the other most
misused laws is the Hindu Adoptions and Maintenance Act, 1956 and section 125
of the crPc whereby the husband is bound to provide for the maintenance of the
wife and the children. Section 3 (b) provides with the definition of the term
“maintenance” includes- (i) In all cases provision for food, clothing,
residence, education and medical attendance and treatment. Section 18 of the
act specifically talks about the maintenance of the wife thereby making it
obligatory for the husband to provide with the expenditures for the livelihood
of the wife. The act however does not leave any room for the consideration of
the fact as to what is the financial conditions and the obligations of the
husband except for the maintenance to the wife. It often seen that the wife is
well-qualified or is in a condition to earn better than her spouse but still the burden for maintenance of the
wife and the children lies on the husband. Once the order of maintenance is
decreed by the trial court, husband often has to undergo imprisonment due to
non compliance of order, thereby causing
the mental trauma to the husband and the family members. It is only recently
after observing the increase in the misuse of these women centric law, the
Hon’ble Supreme court in the matter of Sanjay Bhardwaj & Ors Vs. The Sate
& Ors observed that the husband cant be forced to beg and steal in order to
maintain his equally qualified wife who refused to live with him coupled with
the fact that earning status of the husband is not proved.[8] Now it’s the era of gender equality where
both men and women are working shoulder to shoulder and in certain cases even
competing with each other, therefore it would be wrong to presume that its only
the women who are the victim of the domestic violence. The men often fall prey
to these draconian women centric law whereby
even the investigation into the cases are also biased to an extent in
certain cases.
Conclusion
Its high time that people
should try to look at the issue of domestic violence with a broader
perspective. In most of the cases it always assumed that it’s the men who is
the villain behind the game of the domestic violence because of the age long
perception of the people. But today tables have turned and it’s the other way
around where the women are misusing the laws for personal vendetta not only in
domestic life but also in professional life. The Hon’ble Supreme court has also
recognized the fact of the misuse of laws and several judgements have been
passed to keep check and control the misuse of the laws. In Savitri Devi V. Ramesh chand & Ors (II
(203) DMC 328), the judge has stated that the women centric laws are
created for the benefit of the women, but these laws have been misused for
dragging the relatives of the husband
whereas the cruelty has been committed by the husband only.[9]
Even the courts nowadays recognize the concept of gender equality and
emphasizes that it is not only the men who can commit the act of cruelty but
the women also. The term cruelty is a wide term which can be interpreted in
different manner depending upon the facts of the cases. In case of Narayan Ganesh Dastane V. Sucheta Naryan Dastane 1975 AIR 1534 ,
the court held the respondent guilty iterating that it is not the men who
always inflict cruelty but women can also commit cruelty physically and mentally. The laws for the
protection of women today seems to be gender biased and should be amended by
the legislature in order to ensure fair trial, these laws seems to be obsolete
with regard to the changing situation and circumstances. The women in the
society are much more educated and independent as compared to the older times,
these women centric laws seems to a new weapon or a tool for terrorizing the
men in the society. Moreover these laws at the same time seems to negate the
concept of equality as enshrined and adopted in our constitution by the framers
of the constitution.
Article Information
DOMESTIC VIOLENCE AGAINST MEN IN INDIA
Authors: GURKIRAT SINGH
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/06/14
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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