Are laws in India gender-biased?

Since time immemorial, it has been depicted in Indian mythologies, scriptures and reforms that women are lower in status than men. Men are usually perceived as powerful, strong and aggressive. Women are depicted as oppressed because of their social stature. But what we must not forget is that power, status, social norms and history is not static and keeps evolving with time as does the human mentality. The idea of men being victims of domestic abuse becomes so unthinkable due to such norms that many men do not even attempt to report the crimes and violence executed against them. Acceptance of violence on men is considered to be a threat to their masculinity and superior status in society. Such presumptions lead to many men feeling ashamed of reporting the torture or struggle they face fearing that they would be mocked for the same.

According to studies, it is believed that out of 100 cases of domestic violence, 40 are against men but the figures can never be truly justified as most men do not report the crimes conducted against them. One must understand that the dynamics of crimes against men and women are different but this does not mean that men are not or cannot be abused. 

According to a report published on Save Family Foundation, domestic violence against men as reported in India is as follow:

Reasons why men tolerate and stay in an abusive relationship:

1. Belief and hope that the things would be better

2. Fear of losing social respect and position

3. Love towards children and family

4. The pressure of making things work lies upon them

5. They are blamed more given the current scenario where protection of women takes a higher stand than theirs

6. Increased dependencies on women

The Indian men’s rights movement was started in 1988 in Delhi to handle psychological abuse executed after the false claims of dowry harassment by wives under Section 498A gained power.

Although there are no specific laws in the Indian constitution protecting men alone, however, recently The Supreme Court essentially identified men as the victims in domestic violence cases. The judges stated that Indian women were filing inaccurate claims of domestic violence.

“Most of such complaints are filed in the heat of the moment over trivial issues,” read the ruling.

In 2005, a panel set up in the Supreme Court called ‘women’s misuse of the provision “legal terrorism.” 

In 2014, the court also thinned out the protocol for arrests under the law, stating that it was putting “bedridden grandmothers and grandfathers of the husband” in jail. Because it relates to harassment over dowries, elderly parents of the husband also often face charges.

Many such rulings openly accused women of overreacting and disrespecting the sanctity of marriage and family.

India's men’s rights movement called such judicial rulings as “extortion racket.”

There are certain laws which are gender-neutral as well. For example IPC 323, IPC 406, IPC 307 and others. However, if you are a man and you want to use the above laws, you will find it next to impossible. From step one to register a complaint in the police station to filing a case or taking an action, it will be another harassing process. This deep-rooted misandry is unwelcome for and this is the reason that never allowed lawmakers to make any law or even discussion on men.

At Lawtendo, we can not only listen to your case and provide legal consultation but also get you connected to the finest lawyers and activists who have dealt with such cases in the past and can assist you on the same without making this entire process another torturous ride for you.