Open Access Research Article
OFFENCES AGAINST MEN: STEREOTYPE GENDER CLASSIFICATION
Published Paper
Article Details
OFFENCES AGAINST MEN:
STEREOTYPE GENDER
CLASSIFICATION
AUTHORED
BY - RIYA MAURYA,
Pursing
B.A.LL.B (HONS.) at Apeejay Stya University
School
of legal studies, Gurugram, Haryana.
Phone
number. 93198 00537
AUTHORED
BY - SUKHBIR PATHAK,
Pursing B.A.LL.B (HONS.) at Apeejay Stya
University
School
of legal studies, Gurugram, Haryana.
Email
id. Sukhbirpathak55@gmail.com
Phone
number. 83681 88244
Abstract
Men's crimes are a serious but frequently disregarded
part of the legal system. Most discussions on violence and gender-based
offences have focused on crimes against women. It is crucial to remember that
men can also experience various types of harm and victimisation. This abstract
provides a concise overview of the complicated topic of crimes against men and
highlights the legal perspectives involved. This thorough research starts by
observing the various
offences males may be subject to, such as physical violence, sexual assault,
domestic abuse, and harassment. It goes in-depth on the societal and cultural
causes of underreporting difficulties the men encounter when seeking help or
justice. The abstract looks at the various jurisdiction's current legal systems
and how well they work to address crimes against men. The importance of
intersectionality is further explored and recognised that men from
disadvantaged groups could experience particular difficulties and vulnerabilities.
The value of providing male victims with a supportive atmosphere gives them
access to specialised services, counselling, and legal remedies. It also
emphasises the necessity of increasing knowledge and dispelling prejudices that
discourage males from asking for help or reporting crimes. This abstract
attempts to promote a more inclusive and thorough understanding of gender-based
violence and victimisation by highlighting offences against men. It emphasises
the value of societal acceptance, awareness efforts, and legal protections in
providing justice and assistance for all victims, regardless of gender.
Introduction
We are frequently accused of living in a patriarchal
or male-dominated culture. Do we truly have rules favouring men in India,
though, when it comes to the law?
When we discuss gender equality, we do not just mean
equality for women; we also mean equality for everyone, including men. In
India, crimes against men are not as frequently reported or even publicised as
acts of violence against women, including sexual harassment, domestic abuse,
dowry charges, etc. All we think about when we refer to or discuss gender
equality is equality for women. It is uncommon for us to witness or read about
crimes against males or equality for men regularly. Although it shouldn't come
as a surprise, most guys are reluctant to discuss it. Even the laws of India do
not encourage crime against men too much. Thus, these issues continue to be
ignored and unchallenged.
We have a variety of laws against crimes against
women, such as rape, workplace sexual harassment, domestic violence, and dowry
cases, and we frequently speak out against these crimes against women. On the
other side, we refuse to recognise and accept the fact that even males can
become victims of sexual assault, domestic abuse, etc. If we truly preach about
equality, then does that equality even exist? This can be explained by using
Delhi Metro's dedicated coach for women as an illustration. However,
if a guy occupies a seat in the general coach designated for women, he is
forced to stand up, disregarding the possibility that he may need to sit down.
Why don't we raise our voices when a man is a victim when injustice is being
done to women? According to sections 354A to 354D and 375 of the Indian Penal
Code, 1860, a man would be the perpetrator and only a woman might be the victim
of the offences described in the aforementioned sections. The Protection of
Domestic Violence Act, of 2005, is a law that supports women who have
reportedly experienced domestic violence. There is almost no mention of what
recourse a guy has if he experiences domestic violence. Men frequently have to
deal with false charges and prosecutions as a result of these laws that favour
women since some women use them as a tool to harass men.
It is past time to start putting a meaningful emphasis
on equality when we talk about gender equality. As a culture, we must be aware
of and speak out against atrocities against males. Even though we are aware of
no instances of domestic or sexual violence against men, these incidents are
never recorded.
In societies where men predominate, such as India. Men
are expected to be the strongest of all, so they are not permitted to act in
ways that contradict their masculinity, not even crying aloud. The idea that
men are the strongest members of society implies that neither they nor anybody
else is susceptible to rape. In these communities, only women are capable of
being sexually abused.
This is because many critics claim that violence shown by women is
usually caused by retaliation or Self-defence, therefore we only need to tackle
the issue of violence against women (Kurz,
1993; Pleck et al, 1980). This is because many critics claim that
violence shown by women is usually caused by retaliation or Self-defence,
therefore we only need to tackle the issue of violence against women (Kurz, 1993;
Pleck et al, 1980). This is because many critics claim that violence shown by
women is usually caused by retaliation or Self-defence, therefore we only need
to tackle the issue of violence against women (Kurz, 1993; Pleck et al, 1980). This
is because many critics claim that violence shown by women is usually caused by
retaliation or Self-defence, therefore we only need to tackle the issue of violence
against women (Kurz, 1993; Pleck et al,
1980).
This is because
many critics claim that violence shown by women is usually caused by
retaliation or self-defence, therefore we only need to tackle the issue of
violence against women (Kurz, 1993; Pleck et al, 1980).
Society
barely accepts the idea that a woman can harm a man due to gender stereotypes.
Many judges have also made remarks about fabricated domestic abuse claims made
by women. Men are still hesitant to talk about the violence perpetrated against
them, and many are unaware of the legal resources available to them to stop it.
But
there is still a long way to go. It's time to abandon the stereotyped views of
males and masculinity. Men must be willing to talk openly about the issues they
encounter, and society as a whole must recognise and recognise these issues
while also assisting and supporting men. There should be no gender bias in the
name of gender equality; everyone should be treated equally in the eyes of the
law. Another common perception of men in society is that
they are always looking for sex and are readily aroused. This fostered the idea
in society that most sexual behaviour between men occurs willingly and can only
take place if both parties are open to engaging in it.
Another
stereotype held by society about men is that they experience less trauma. As a
result, kids are less likely to experience any form of maltreatment. These
patriarchal stereotypes turned males into silent sexual assault victims.
However, the majority of the nation now acknowledges that males can also be
raped and has made it a crime.
Methodology
This study applies a hybrid methodology to evaluate
the many forms of crimes against women that occur in India. A total of 1000
married men in the age range of 21–49 years were interviewed for the study,
which was community-based and cross-sectional. The interviews used the modified
Conflict Tactics Scale[1].
This information is supplemented by a range of sources, including reports from
national and international governmental and non-governmental organisations,
books, journals, and articles that have been published, as well as legal and
judicial documents.
OBJECTIVE OF THE STUDY
The study's main objective is to chart the development
of crime against males in India; it carefully examines the data and comes up
with insightful conclusions. One of the main objectives includes enlisting the
causes and identifying the societal stereotype towards gender, and suggesting
in favour of this study. Empowering men is crucial to take action
against the crimes occurring against them, whether it’s a false accusation or
any sought of violence be it sexual, emotional or economic. We need to take
major steps to protect the interest and rights of men to sever equality in the
nation. Providing equality means severing equality for everyone. Regardless of gender,
all deserve to be treated with decency and respect.
Causes of crime
against men
Men's crime has many different root causes, many of
which are intricately intertwined with institutional, cultural, and human
variables. While it's important to remember that crime affects everyone, there
are a few things that contribute to crime against males specifically:
1.
Gender Stereotypes
and Expectations: Some sorts of crimes against males may be influenced by
societal expectations of masculinity. Male power, dominance, and
invulnerability stereotypes may deter males from seeking assistance or
reporting victimisation. Underreporting and a lack of assistance for male
victims may result from this.
2.
Power Dynamics and
Aggression: Violence against men can be sparked by aggression and power
inequalities. Conflicts, disagreements, or the desire to exercise authority or
control over others can all lead to violent crimes, such as physical attacks,
robberies, and homicides.
3.
Peer Pressure and
Gang Violence: In some circumstances, involvement in gang activities and peer
pressure may make men more likely to become victims of crime. Targeted attacks
on anybody, especially men, can come from gang-related violence, territorial
disputes, and retaliation.
4.
Substance Abuse:
Alcohol and drug addiction, as well as substance abuse, can lead to criminal
activity and victimisation. Because substance misuse is more among men, which
puts them at risk of violence and exploitation, therefore, men are likely to
engage in criminal activity.
5.
Mental Health
Problems: Mental health disorders including anger management, hostility, or
antisocial behaviour can be a factor in crime and violence. When mental health
issues go untreated, men are more inclined to conduct crimes or become victims.
6.
Cultural and
contextual factors might affect the regularity and type of crime against men.
These aspects include cultural norms, values, and context. The dynamics of
crime victimisation can be influenced by elements including society’s attitudes
towards violence, gender roles, and cultural acceptance of particular forms of
aggressiveness.
Types of crimes
against men
Men can be raped, and the attacker may be either a
person of the same gender or someone of the opposite gender, which is not very witty
to say. However, due to a lack of provisions in Indian law, males are hesitant
to speak up and report crimes out of fear of being humiliated in public and
instead choose to remain silent.
1.
Physical violence
is any act that causes bodily harm by hitting, punching, kicking, slapping,
choking, or by the use of a weapon.
2.
Emotional or psychological
abuse refers to actions intended to humiliate, control, or otherwise abuse a
person's emotions. Constant criticism, humiliation, intimidation, threats, and
isolation are a few examples.
3.
Anynon-consensual
sexual action, such as rape, sexual assault, sexual harassment, or coercion, is
considered to be sexual violence.
4.
Financial abuse
refers to the manipulation or exploitation of a person's financial resources,
as well as the denial of access to funds, the theft of assets, or the
impediment to employment or independent financial decision-making.
5.
Verbal abuse
includes using aggressive language, insults, name-calling, yelling, or
insulting remarks to humiliate or emotionally damage a person.
6.
Stalking: Stalking
is the practice of giving someone repeated, unwanted attention or harassment,
such as by following them, issuing threatening calls or texts, or secretly
watching their activities.
7.
Digital or online
abuse includes the publishing of sexual pictures without permission,
cyberbullying, or the ongoing observation of online activity. It includes the
use of technology, such as social media platforms, to harass, threaten, or
manipulate someone.
India and Other Countries in Comparison
In
the most recent Indian survey, spouse/intimate relationship violence was
prevalent (51.5%)[2] and was discovered to
be greater than data gathered for domestic abuse through the Partner Abuse
State of Knowledge Project (PASK) from the United States, Canada, and the
United Kingdom (19.3%)[3]
Table 01: Types of crimes against men
in India
|
S.No
|
Types of Violence
|
Percentage
|
|
1.
|
Percentage
of men who experienced gender-based violence:
|
52.4%
|
|
2.
|
Violence from wives or intimate partners
(out of 1000 cases)
|
51.5%
|
|
3.
|
Incidents of violence in the previous year
(out of 1000 cases)
|
10.5%
|
|
4.
|
Emotional abuse by a spouse
|
51.6%
|
|
5.
|
Physical abuse by a spouse
|
6%
|
|
6.
|
Husband initiating physical and
emotional abuse
|
Nearly 50%
|
As represented in Table 01, in the current study,
gender-based violence was experienced by 52.4% of men. Males faced violence
from their wives or intimate partners in 51.5% of cases out of 1000, with 10.5%
of those incidents occurring in the previous 12 months. Emotional abuse against
a spouse was more prevalent than physical abuse (51.6%) and 6%. Physical
attacks were only severe in tenths of the cases. Nearly half of the time, the
husband started the physical and emotional abuse. In India, there is no gender
parity in physical violence. Risk factors included lower family income,
middle-class education, a nuclear family structure, and an alcoholic
perpetrator. Bidirectional physical aggression is more likely to occur if the
earning spouse has education up to the graduate level.[4]
The majority (51.6%) of the individuals reported
having encountered emotional abuse from a female, followed by physical violence
(6%), and finally sexual violence (0.4%). Figure 1 depicts the total prevalence
of emotional, physical, and sexual spouse violence.
Figure 1:
25 males (2.5%) out of 60 had been physically abused
in the previous year. Slapping was the most frequent type of physical violence
(98.3%), whereas beatings with a weapon were the least frequent (3.3%).
Physical assaults were only severe in tenths of the cases (seven men). The
physical abuse was always committed by the spouse. Among those who experienced
emotional abuse, 85% received criticism, 29.7% were humiliated in public, and
3.5% received threats or physical harm. 20 (3.9%) of the 516 victims had it
within the past year. Only four (0.4%) of the 1,000 respondents had experienced
sexual violence, and only one had in the previous 12 months. Only one woman
physically coerced her husband to engage in sexual activity, and three other
women physically coerced their partners to engage in sexual activity with her
against their will.
Table 02: Numerous
elements linked to violence against men in India[5]
|
S.No
|
|
Violence not
present (%)
|
The violence
present (%)
|
|
1.
|
Monthly
income
<1000
|
162(39.2)
|
251 (60.8)
|
|
|
>1000
|
314 (53.5)
|
273 (46.5)
|
|
2.
|
education status of men
up till middle school (eighth grade)
|
146 (36.9)
|
250 (63.1)
|
|
|
Above middle
|
330 (54.6)
|
274 (45.4)
|
|
3.
|
Alcoholism of offender under
alcohol
|
2 (8.7)
|
21 (91.3)
|
|
|
Non- alcohol
|
474 (48.5)
|
503 (51.5)
|
|
4.
|
Type of family
Joint
|
309
|
274
|
|
|
Nuclear
|
167
|
250
|
Lack of laws to
protect men against abuse
While laws against domestic abuse and violence
frequently prioritise protecting women, it's vital to remember that men can
also become victims of abuse. There is a rising understanding of the necessity
for gender-neutral laws and regulations that safeguard everyone against
domestic violence, regardless of gender, in many nations, including India. It
is true that traditionally, due to the larger incidence of women as victims,
there has been a greater emphasis on protecting them from domestic violence.
However, there is a rising awareness of male abuse victims and initiatives to
offer those help and legal protection. To combat abuse against women, the
Protection of Women from Domestic Abuse Act (PWDVA) was passed in India in
2005. However, the law makes opportunities for men to seek protection and aid
because it acknowledges that men can also become victims. It is crucial to keep
pushing for laws and policies that are gender-neutral, acknowledge the
experiences of both male and female abuse victims, and secure their safety and
welfare. The main objectives should be to increase understanding, offer
assistance, and promote reporting of abuse by all victims, irrespective of
gender.
Knowing about the rape
of men
Rape is a horrifying crime that can happen to anyone,
regardless of gender. It is important to recognise that men can be victims of
rape even though society frequently places more emphasis on female victims. The
goal of this research paper is to raise awareness of the frequently ignored
problem of rape against males, examine its effects, and stress the value of
helping male survivors. The
Prevalence of Rape against Males: Despite being underreported, research shows
that a sizable portion of males are victims of rape and sexual assault. It is
crucial to establish safe spaces for male survivors to come forward and share
their stories because societal stigma and preconceptions may be a factor in the
underreporting. Male and female perpetrators of rape against men are both
possible, and the assaults can take place in a variety of settings. The
perpetrators can be strangers, friends, spouses, or even people who work in
institutions like the military or prisons. Awareness of the dynamics of male
rape and creating suitable support networks require an awareness of the diversity
of these circumstances. Impact on Male Survivors: Male survivors of rape may
suffer serious physical, psychological, and emotional repercussions. The trauma
endured may result in post-traumatic stress disorder (PTSD), emotions of guilt,
shame, and dread. Due to cultural expectations, such as views on masculinity
and tropes of male suffering, male survivors may encounter particular
difficulties. These elements may make it even harder for survivors to ask for
assistance and support.
Section 375 of the Indian penal code defines RAPE as “Any
sexual activity with a woman under the age of 18 must be done against her will,
without her agreement, under duress, by deception, misrepresentation, or force,
or when she is drunk or under the influence of drugs.” The scope of section 375
of the Indian penal code should be widened in terms to include men as the
victim of rape, not just section 375 but offences like domestic violence,
sexual harassment and any sought of abuse. As a society we need to understand
these crimes are not gender-specified, crime can occur to anyone.
A recent case of
rape against men.[6]
Earlier this year, a guy from Jalandhar said that four
ladies, all of whom seemed to be in their early twenties, had kidnapped him in
a car after dousing him in chemicals, drugged him, and then sexually assaulted
him in a forest. He was then abandoned by the four women in a remote location,
late at night, it is further added. Police have not been notified of the
incident, but the victim has spoken to the local media about his trauma and
stated that he is married with children.
He claims that his wife asked him not
to make a complaint because the family cared more about the fact that he
survived than anything else, according to sources. The man said that sexual
motivation was used in the kidnapping.
Suggestions
1. Promote awareness-raising initiatives that aim to
dispel gender stereotypes and preconceptions about male suffering. Inform the
public about the incidence of male abuse, its effects, and the available
support resources.
2. Encourage reporting by providing a secure and
accepting environment where men feel comfortable coming forward to report
abuse. Encourage law enforcement to act responsibly and seriously when
receiving reports of violence against men.
3. Gender-Neutral Laws and Policies: Speak out in
favour of the creation and application of laws and regulations that address the
mistreatment of anybody, regardless of gender. Make sure that legal systems
offer victims of both genders equal protection and assistance.
4. Support Services for Male Victims: Create support
programmes that are especially suited for male abuse victims. This includes
support groups, counselling programmes, helplines, and shelters that are
specifically designed to meet the needs and circumstances of male survivors.
5. Training for Professionals: Educate professionals
in fields like law enforcement, medicine, and social work, and education about
how to spot and deal with abuse of males. Give them the information and
abilities they need to support male victims successfully.
6. Implement prevention strategies that tackle problematic
social norms, toxic masculinity, and gender inequality as well as the
underlying causes of abuse. These initiatives should be directed at people of
both genders and stress the importance of consent, good relationships, and
peaceful conflict resolution.
7. Promote respectful behaviour, question damaging
masculinity standards, and serve as good role models to encourage men to
actively participate in efforts to end abuse.
8. Research and Data Gathering: Invest in studies that
focus on the dynamics, causes, and effects of violence against males. To
successfully guide policies and activities, collect thorough data.
9. Foster worldwide collaboration to exchange best practices,
ideas, and tools for combating violence against men. Develop inclusive strategies
by engaging with organisations that promote gender equality and violence
prevention.
Conclusion and Discussion
Violence was more prevalent (52.4%) in the current
study than it was in the Indian study by Sarkar et al., which revealed that 98%
of men had experienced domestic abuse. This can be because the technique and
sample size were different, and it may also be because only six males from
Haryana were interviewed. In a later study, 1650 husbands from all over India
were not randomly interviewed between the ages of 15 and 49. They were
primarily from the upper middle class and middle class, and they used a
schedule that was adapted from a WHO multicounty study on husbands’ health and
domestic violence. This schedule contains 14 items for emotional violence and 8
items for economic violence. Economic violence was not assessed in the current
study, and only two items related to emotional violence were collected. Economic
violence was not assessed in the current study, and only two items related to emotional
violence were collected.4.4% of men in England and Wales were estimated to have
experienced domestic violence in the past year, which is significantly fewer
than the 10.5% reported in the current study. This could be because the earlier
estimates were based on people reporting acts against them that they believed
to be crimes. As a result, crime numbers, which primarily reflect physical
violence, are likely to greatly understate the true extent of domestic abuse.
The prevalence of
spouse/intimate partner violence (51.5%) in the present study was found to be
higher than data collected for domestic violence under the partner abuse State
of knowledge project (PASK) from the U.S., Canada, and the U.K. (19.3%).[7]
This may be due to differing methodologies and a
larger participant pool (students, married participants, and unmarried
participants), but in the current study, only married males between the ages of
21 and 45 years were included. According to Shuler's analysis of the literature
(CA, US), 1.3 men out of every 1000 are victims of intimate partner abuse
annually. Because the current study (8.2%) was community-based and the
literature review cited all types of studies (community-based, hospital-based,
from police records, etc.), the incidence is greater than the present study
(8.2%). It's impossible to deny that India is changing and developing.
[2] Malik JS, Nadda A. A cross-sectional study of gender-based
violence against men in the rural area of Haryana, India. Indian J
Commu Med. 2019;44(1):35.
[3] Hamel J. Facts and statistics on domestic violence
at-a-glance. DV Research. Retrieved from https://www.domesticviolenceresearch.org/domestic-violence-facts-and-statistics-at-a-glance/
[7] Hamel J. Facts and statistics on domestic violence
at-a-glance. DV Research. [Last accessed on 2018
May 11]. Available from: https://www.domesticviolenceresearch.org/domestic-violence-facts-and-statistics-at-a-glance/ [Ref list]
Article Information
OFFENCES AGAINST MEN: STEREOTYPE GENDER CLASSIFICATION
Authors: RIYA MAURYA, SUKHBIR PATHAK
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/06/24
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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