Unseen Burden: Analysis of Men’s Rights and Gender Neutrality in India
adminIn India, discussions of gender equality often focus on women’s rights, the challenges and rights of men remain largely unseen and unaddressed.
This blog explores the men’s rights and gender neutrality in India. The unseen burdens that men face in the quest for a fair and gender-neutral legal system in India.
Gender-specific laws has created a system where men face significant disadvantages and biases. Men in India who experience domestic violence, face false allegations, or battle for custody often find the law unsympathetic or, in some cases, entirely unresponsive.
Why Gender Neutrality is Needed in India’s Legal Framework
Gender neutrality in law aims to provide protection and justice for all individuals, regardless of gender. However, India’s legal system is structured in a way that presumes men as aggressors and women as victims. This assumption leaves men with limited resources or rights in cases where they are the ones being victimized or wrongfully accused. A truly gender-neutral legal system would recognize and protect every individual’s rights and ensure that justice is delivered based on facts and evidence, not gender-based assumptions.
Key Issues Faced by Men Under Gender-Specific Laws
Domestic Violence Law and the Exclusion of Male Victims
India’s Protection of Women from Domestic Violence Act (PWDVA) is designed to address domestic abuse within households. However, this law does not provide any recognition or support for male victims of domestic violence. Men facing abuse at home have no legal avenue to seek protection or justice, leaving them isolated in their experiences. Society’s stigma around men being perceived as “weak” for reporting abuse compounds this issue, leading many men to suffer silently. For instance, male victims of verbal or emotional abuse often endure significant mental strain, yet they have few resources to turn to for help or legal protection.
False Allegations Under Dowry and Domestic Abuse Laws
Section 498A of the IPC or Section 85 of BNS, covers dowry-related offenses. This provision allows for the arrest of accused husband and his kins, often without sufficient investigation. False allegations under this law are, unfortunately, not uncommon and can lead to irreparable harm to men who are wrongfully accused. Many men and their families face social stigma, financial strain, and even job losses due to these accusations, as their reputations suffer. Studies have shown that a significant percentage of 498A cases end in acquittal, indicating that many cases lack genuine grounds, yet the harm to the accused remains severe and enduring.
Bias in Custody and Divorce Proceedings
Family law in India often prioritizes mothers over fathers in custody battles, assuming that children are better cared for by their mothers. This presumption fails to consider cases where fathers may be equally or even better suited as primary caregivers. Fathers often face an uphill battle to gain joint custody or even visitation rights, despite having a strong bond with their children. In divorce cases, men may also be required to pay alimony without consideration of the financial and emotional strain placed upon them, even when both parties have similar financial standing.
Social and Psychological Consequences of Gender-Biased Laws
The impact of gender-biased laws on men extends beyond legal consequences. Men who are victims of domestic violence or false accusations often experience mental health issues, including anxiety, depression, and, in severe cases, suicidal thoughts. Social stigma around masculinity can make it difficult for men to seek support or openly discuss their struggles, as they fear ridicule or disbelief from peers, family, and society at large. The National Crime Records Bureau (NCRB) data shows that male suicide rates in India are significantly higher than those for women, a disparity often linked to societal pressures and a lack of support systems for men.
Men who are falsely accused under laws like Section 498A or BNS Section 85 may lose their social networks, face challenges at work, and experience a permanent blemish on their reputation, even if they are ultimately acquitted. The emotional toll of long court battles, combined with societal expectations for men to be stoic, often leaves these men with few resources or safe spaces to express their struggles.
Global Perspectives on Gender-Neutral Laws
India can learn from countries that have adopted a more balanced approach to legal protections. Nations like Canada and the UK have implemented gender-neutral domestic violence laws that offer protection based on the circumstances of the abuse rather than the gender of the individuals involved. This model ensures that male and female victims of abuse can both access legal protection and support services, ultimately leading to a more inclusive and fair judicial process.
By moving towards gender neutrality, India’s legal system could provide justice and protection based on the facts of each case rather than assumptions about gender roles. A gender-neutral approach would allow male victims of domestic violence and false allegations to defend themselves fairly, without the added burden of societal stigma.
Push for Gender Neutrality in India’s Laws
The push for gender neutrality in India’s laws is not about reducing protections for women; rather, it is about creating a fair and balanced legal system that serves everyone equally. Men deserve equal rights and protections under the law, and addressing the biases they face is crucial to achieving genuine gender equality. By adopting gender-neutral reforms, India can ensure that its legal system is inclusive, fair, and protective of all its citizens. A justice system that recognizes and addresses the unseen burdens men face would create a more supportive society, where everyone has the right to seek protection and live without fear of unjust accusations or legal prejudice.
