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DOMESTIC VIOLENCE AGAINST MEN IN INDIA BY: KALASH NARWAT
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DOMESTIC VIOLENCE AGAINST MEN IN INDIA
AUTHORED BY: KALASH NARWAT
Roll No.: 2357010
CHAPTER I – INTRODUCTION
Violence against men by women has become a common problem today. It
includes financial, physical, sexual and emotional abuse, as well as emotional
abuse that damages a person's mental and physical health. Both men and women
are victims of gender-based violence .In
a country like India, where men have dominated for centuries, people
find it hard to believe that men can be victims of
domestic violence like women.
Therefore, there may be a reason why domestic
violence against men is not recognized in any law in India .But contrary to
popular belief, the number of men who are psychologically and physically abused
by women is increasing .Considering the existing laws. in the country, there
are no laws to protect men from intimate partner
violence, Section 498A of the Indian Penal Code 1860 explains that a man can
only be held responsible for violence against his wife, there is no provision
in the entire law that makes women responsible for the same Similarly, Section
3 of the Protection of Women from Domestic Violence Act 2005 claims that it
only protects women from such violence.Nothing in the Act protects men from
such violence. The existence of such a law assumes that men are always guilty, while women are always
innocent .So it is necessary to make the necessary changes in the current
legislation. It is also urgent to pass gender-neutral laws, so that
perpetrators are punished and victims receive treatment
regardless of their gender.Therefore,
to prevent and reduce domestic violence in this area, gender- neutral laws must
be appliedand sexist laws must not be implemented.
Chapter 2 - Role of Gender Biased Laws
Injustice Indian Penal CodeThe
Indian Penal Code is, in its basic form, the main criminal law of
India, which enumerates all the cases and punishments with which a person who
commits an offense can be charged and covers all citizens of India or of India.
origin.S.2 of the said Code provides that every person shall be punished in
accordance with this Code base and not otherwise for any act or omission of
which he is guilty in India contrary to its provisions. As stated in this
section, the law does not distinguish between criminals, and any person who commits a crime is criminally
punishable.However, the default that all violence is produced by men does not
create gender alone. divides society but provides protection against crimes committed by women. Judge Saldana's
remarks indicate how these laws are being abused to the detriment of innocent citizens: ...we must be careful that
police and investigative agencies do not improperly and technically jump to
conclusions simply because a death has occurred. that ipso facto is a crime.In
up to 44% of cases, the prosecution is completely unfounded.
The consequences of these accusations are very serious,
because the accused spouse and always family members are arrested.
This has serious
social and economic
consequences.According to statistics from the National Crime Records
Bureau, almost 200,000 people, including 47,951 women, were arrested on
unsupervised dowry charges in 2012. Surprisingly, only 15% of the accused were
convicted.This section should be read with S. 113A of the Indian Evidence Act
to create a presumption of suicide by the husband of a married woman.The above
two sections are not connected . terminal offenses and cannot be combined and
which can be identified in India. There is a clear intention behind these parts
to blame the husband or father-in- law, even though they may not have caused
the death or injury! It is common to claim that all women committed suicide due
to dowry harassment. Under these sections, even if the accusation is false, the court and the husband are judged
guilty until proven innocent. The
Supreme Court of India called this misuse of the law legal terrorism. Section
304B provides that: if the death of the wife is due to burns or bodily injury
or other unusual circumstances, within seven years of marriage,his relatives were due to a demand for dowry or subjected to cruelty or harassment in
relation to that,- such spouse or relative will be punished by imprisonment for
a period which shall not be less than seven years but which may extend to life
imprisonment. .Judgment 498A provides that if it is proven
that the husband
or his relative has cruelly and
harassed a married woman, then that husband
or his relatives will be punished with imprisonment for up to three years and a
fine. This section should be read with P.
113ASection
304b (Mercy death) and section 498a (Cruelty to women): The term "mercy death" conjures up vivid images
of a woman mocked and harassed
for money. he would die within the four walls of his house. Feminists have led
us to believe that any unnatural or untimely death of a married Indian woman is
a dowry death. Except that the feminist hyperbole of bride-killing and dowry
harassment gives the impression that Indian men have an inexplicable penchant for abusing their wives
for money and property. Section 304B
provides that: if the death of the wife
is due to burns or bodily injury or other unusual circumstances, within seven years of marriage,
his relatives were subjected to cruelty or harassment
because of or in connection with the demand for dowry.
Chapter 3 – Gender
Neutral Laws need of the hour
The Indian Constitution of 1950 guarantees equality before the law to all
people and gives every person the right to live with dignity. In addition, every citizen of the country has the right
not to be discriminated against because of religion, race, caste, gender or place of birth. However,
when it comes to crimes
such as sexual harassment, voyeurism, stalking, sexual violence and rape
cases, men and transsexuals in society are always denied rights.There is a
prejudice that women always fall under the protection of crimes. a victim part and men always
fall under the part of the abuser, but the scenario is such that men are
also victims of sexual crimes and false accusations. This article examines
India's outdated laws governing sex crimes and how it prevents men and
transgender people from accessing
justice.But when it comes to crimes like sexual harassment, voyeurism,
stalking, rape and rape cases, men and transsexuals have always been
disenfranchised in society.It is a prejudice that women always fall under it.
of criminal law. the umbrella of the victim and men always fall under the part
of the abuser, but the scenario is such that men are also victims of sexual
crimes and false accusations. This article examines India's outdated laws
governing sex crimes and how it prevents men and transgender people from
accessing justice.The article also attempts to make recommendations for law
reform. The author asserts through this article that the above-mentioned crimes
are not only sexual crimes, but are also crimes against
public morality, decency
and modesty, and any community of society (men, women and transgenders)
can fall victim to it. or may be guilty of it.
Therefore,
changes and reform of sexual offenses must be considered through the prism
of human rights."All people are potential
victims of rape.Spouses are raped. Both male and female children are raped. The
baby is raped. Physically disabled people are raped.Anesthetized patients are
raped.
Mothers,
fathers, brothers and sisters are raped.Young people rape each other as well as
old people and children. Male and female prisoners rape each other. During
wars, soldiers raped entire communities. Men rape women and men.Many
rapists are blind to gender and age.Women rape other women and men. No one is immune from rape or rape. -
McMullenRape has been considered a woman-centric crime all over the world, especially in India. Rape, as defined in
Sections 375 and 376 of the Indian Penal Code,
is based on the belief
that only the a victim can be a
woman and the perpetrator can only be a woman. only a man, in addition,
the provisions on sexual harassment, voyeurism, stalking and sexual assault are
also gender specific and only define the
person who is the perpetrator a man can be a criminal and only a woman can be a victim.
Meanwhile, the state has largely ignored men / the problem of transgender
sexual victimization in institutions such as prisons, juvenile detention centers,
etc. The dynamics and consequences of male and transgender victimization
continue to evolve The concept of male and transgender sexual victimization is
largely ignored in contemporary academic and legal discourse and is ridiculed
and often mocked. Although
men are perceived as sexual
aggressors, there has been an increase in research examining it. the
experiences of male victims of the criminal justice system, debunking many
social myths about adult male sexual victimization and highlighting how
widespread misconceptions about male and transgender rape affect the attitudes
of criminal justice professionals and the general public. In other words, rape
laws that recognize men as potential perpetrators are based on the basic
notions of male aggression and female submission. It is difficult to acknowledge the fact that women can also be
sexual abusers, although they are still seen as submissive, weak.
Chapter 4 – Suggestions and Conclusion
Changing
the way laws are written is one of the first things that must be done to
acknowledge the reality of male sexual victimization. This applies not only to
the Indian Penal Code, 1860, but also to other laws such as domestic violence
and family law. We cannot operate in a 21st century legal system with a
Victorian era of law.As previously stated, there is a need to move from a
women's approach to a gender neutral approach to legislation.Gender equality
must be implemented. equality programs for the whole population, especially police officers,
be they judges, police officers or politicians. This is necessary so
that victims do not hesitate to report complaints to the police.
Victims
usually turn to the police as the first authority in justice.In the fight against
sexual crimes, both sexes must work
together and fight together. This is necessary not only to raise awareness of
male sexual victimization, but also
to prevent the weakening of laws protecting women. Gender neutrality can only
work for the feminist cause and women if approached correctly.
Article Information
DOMESTIC VIOLENCE AGAINST MEN IN INDIA BY: KALASH NARWAT
Authors: KALASH NARWAT
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/19
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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