Domestic Violence Against Men in India: A Constitutional Analysis

Authored by Aarya Dubey (Intern), a Third-year legislation pupil at Maharashtra Nationwide Legislation College, Aurangabad

The Indian Structure, underneath Article 14 signifies that each one individuals are to be handled equally within the eyes of the legislation, with none discrimination primarily based on caste, race, faith, native land or intercourse. It additionally ensures to each particular person, no matter gender, the elemental proper of safety to life and private liberty, underneath Article 21, the ambit of which has been widened, as and when wanted, by the Supreme Court docket (henceforth, SC) in a plethora of circumstances. The phrase ‘proper to life and private liberty’ encompasses numerous points, together with however not restricted to the proper to livelihood, the proper to free and wholesome surroundings, the proper to a secure and safe work surroundings, the proper to a good trial, and the proper to privateness, as expounded by the SC at numerous situations.

Additional, the Apex Court docket within the landmark judgement of Maneka Gandhi v. Union of India held that “the best to life and private liberty underneath Article 21 shouldn’t be restricted to mere animal existence however contains the best to reside with dignity.” Nonetheless, regardless of this, the gender specificity of laws reminiscent of these pertinent to sexual harassment, voyeurism, stalking, rape, cruelty, and home violence, has remained a delicate difficulty resulting in intensive debates and discussions for a very long time. Whereas the offences in opposition to girls have been acknowledged and given due consideration by the law-making establishments, the existence of deeply rooted patriarchy until date has hindered the popularity of males as victims, by society in addition to the legal justice system. 

Home Violence is a sample of abusive behaviour by one particular person in the direction of one other, each sharing or having shared a home relationship with each-other. It could possibly take many forms– bodily, emotional, sexual, financial, psychological or technological, and might present itself by the use of bodily hurt, verbal abuses, intimidation, sexual coercion, or restriction of economic assets. 

Whereas it’s true that even in a progressive society of twenty first century, the place no restrict appears unreachable to man, girls are nonetheless struggling throughout the 4 partitions of the so-called-haven by none aside from their very own relations, it’s equally true that even males usually are not proof against offences of home violence or abuse. Regardless of the provision of statistics and information concerning the latter, no legislation, until date, has been in its favour. 

This text focuses on home violence in opposition to males, and the infringement of their basic rights, as assured by the Structure. It seeks to carry to gentle the present lacuna within the present home violence legal guidelines, that are presently girls centric, advocating to make them gender-neutral, not simply from the attitude of the perpetrator, however of the sufferer as nicely. 

In India, the place the Legislature and the Judiciary are making a number of commendable makes an attempt in the direction of attaining gender equality, and bridge any gaps between sex-based discrimination, what’s certainly shocking is the neglect and indifference in the direction of male victims of heinous offences reminiscent of sexual assault and home violence, to call a number of. Nonetheless, whereas there’s nonetheless a patriarchal notion present in society that males can’t be the victims of such offences, however solely girls, the figures have altogether a special story to inform, a special actuality to take us to. 

The problem of home violence in opposition to males shouldn’t be solely endemic to a number of nations however is prevalent worldwide. Whereas the information (2022-2023) supplied by the Workplace for Nationwide Statistics, the UK’s largest unbiased producer of official Statistics, reveals that one in 3 victims of home abuse is a male, as per the survey carried out by the Mankind Initiative, a British group specializing in the male victims of home abuse, 25% of the circumstances recorded by the police contain a male sufferer. In Bhutan, 69 out of 788 reported circumstances in 2023 concerned male victims reaching out for help, and the numbers are solely rising with every passing yr. The USA of America (henceforth, the USA), main the world in nearly each side, shouldn’t be behind with regards to the speed of home abuse (often known as Intimate Associate Violence or IPV) as nicely. Counting on the statistics (2016-2017) supplied by the Nationwide Intimate Associate and Sexual Violence Survey, almost 44% of all the lads within the US have been victims of IPV at the very least as soon as of their lifetime. Whereas 1 in 13 males reported sexual violence, 2 in 5 reported bodily violence, and 1 in 20 reported being stalked by their intimate accomplice. 

Having remained the happiest nation for 7 consecutive years, Finland, a Nordic nation, shares the identical grim destiny. As per a survey carried out over a interval of 10 years (2012-2022), in 2022 alone, a staggering complete of 11, 819 circumstances of home violence have been reported. Whereas a majority of them have been girls, 3, 669 have been males, constituting roughly 31% of the entire victims, which though a lot much less compared to feminine victims, is a regarding determine in itself. These surveys and analysis are being carried out throughout a number of nations, and the information revealed by them is certainly sufficient testomony to validate that home violence can occur to anybody, regardless of intercourse, race, age or nationality.  

In India, regardless of the information current on home violence in opposition to males, persons are nonetheless underneath an impression that such offences are gender-specific with solely girls being the victims. In a research funded by the Indian Council of Medical Analysis, and carried out over a interval of 1 yr in Rohtak, Delhi, it was discovered that out of a pattern dimension of 1000 males, 515 have been subjected to violence by their very own partner. Whereas the bulk (49.6%) of them skilled emotional violence, bodily violence (0.6%) and sexual violence (0.4%) have been additionally reported by them. Additional, as per the Nationwide Well being Household Survey carried out in 2005-2006, roughly 60 lakh girls have been the perpetrators of bodily violence in opposition to their husbands with none provocation. Nonetheless, males usually tend to face violence by the family members and relations of their spouse than the spouse herself, and when such violence is considered, it accounts to an abysmal 3 crore circumstances of home violence in opposition to males in India.  

It’s settled past doubt that home violence has nothing to do with the intercourse of the sufferer. Whereas it’s unequivocally true that almost all of the casualties are girls, the truth that males are also victims of the identical can’t be denied in its entirety. It’s certainly discriminatory on the a part of males that regardless of them sharing an analogous destiny as the ladies victims, there exists a authorized rift, with the legal guidelines solely treating them as perpetrators whereas turning a blind eye to these circumstances the place the sufferer is a person. 

Article 14 of the Structure offers the best to equality to each particular person, whether or not citizen or not. Additional, Article 15(1) prohibits any type of discrimination in opposition to any citizen primarily based on faith, race, caste, intercourse, birthplace, or any of them. A society the place men and women are considered equal companions is sort of a well-balanced chariot, shifting steadily in the direction of progress and prosperity. At numerous situations, the SC has taken vital steps in eradicating the deeply ingrained roots of patriarchy in Indian society, with a view to stick to gender equality, which isn’t solely crucial within the progress of any nation however was additionally the imaginative and prescient of the makers of the Structure. Whereas in Vishaka & Ors v. State Of Rajasthan, the Apex Court docket, citing the violation of gender-equality, laid down an in depth set of tips to sort out the menace of sexual harassment in opposition to girls at workplaces, in Joseph Shine v. Union of India, adultery was decriminalised citing violation of Article 14 as one of many grounds. 

It should not be forgotten that discrimination is the antithesis of equality and recognition of equality in its truest sense will foster the dignity of each particular person. Nonetheless, the dearth of acknowledgement of home violence in opposition to males has impacted the power of victims to acknowledge their very own victimization. It’s true that each, the incorporation of Part 498 A within the IPC, and the enactment of PWDVA, have been certainly a lot wanted for a society the place girls have been handled as mere chattels, and have been typically subjected to violence by their very own husbands and household. Nonetheless, the rising variety of circumstances of violence in opposition to males now calls for a gender-neutral stance. 

Though the State, underneath Article 15(3) could make any particular provision for the development of any socially and educationally backward lessons of residents or for the Scheduled Castes and the Scheduled Tribes, it must make cheap classification to save lots of such laws from the vice of discriminatory and arbitrariness. Social, income and financial issues are actually permissible parameters in classifying a selected group. Thus, a legitimate classification is nothing however a legitimate discrimination. The non-acknowledgement of males because the victims in legal guidelines pertaining to home abuse clearly fails the take a look at of Article 14. Though there exists an intelligible differentia, which is sexual orientation, they aren’t primarily based on any rational nexus backed by any legit state goal. The target of such laws needs to be to primarily defend the elemental rights of the person who not solely suffers bodily and psychological trauma by the hands of the perpetrator but additionally loses self-dignity in his/her personal eyes. 

It’s only unhappy that regardless of the Preamble of the Structure embodying the rules of Equality and Social Justice, the State is focusing an excessive amount of on girls’s justice, whereas leaving the male victims with no authorized mechanism to strategy the courts of Justice. 

Whereas the home violence legal guidelines acknowledge violence in opposition to a lady, which little doubt shouldn’t be solely a criminal offense in opposition to such lady, however certainly a criminal offense in opposition to humanity, and a blot on the justice supply system, it’s unlucky that there is no such thing as a laws until date which acknowledges home violence in opposition to a person. Though such gender-specific legal guidelines guarantee girls their proper to dignity, bodily privateness, integrity and autonomy, males are disadvantaged of those rights, which themselves are gender-neutral, and assured to each particular person by the Structure. Actually, past being basic in nature, these are fundamental human rights, and are additionally protected underneath Articles 1, 2, 7 & 12 of the Common Declaration of Human Rights, 1948, of which India can be a signatory.  

There may be undoubtedly an enormous distinction between the figures of female and male victims, nevertheless, it needs to be saved in thoughts that Indian society is actually a patriarchal one the place males are anticipated to behave and understand feelings in a preconceived method, deviating from which invitations ridicule and social ostracization from different neighborhood members. Not solely does this result in problems with gender inequality, however males themselves additionally undergo the adverse results together with Submit-traumatic Stress Dysfunction, melancholy and anxiousness. Even when any sufferer makes an attempt to interrupt by the shackles of stereotypes and patriarchalism, he’s solely left dejected and hopeless because of the absence of any such legislation within the nation.   

Enjoyment of a high quality life by the individuals has been upheld because the “essence of the assured proper underneath Article 21 of the Structure,”  and never even recognizing that males may very well be the victims of home violence, is a transparent violation of the aforementioned basic proper. Whereas the nations such because the USA, the UK, Canada, Australia, Sweden and Norway have already opted for the gender-neutral strategy, it’s excessive time that India, the place the information on home violence in opposition to males is sort of excessive compared to different nations, additionally acknowledges the violation of basic rights of males and pave approach for the gender-neutral legislations. 

Whereas not many surveys and research are carried out on home violence in opposition to males, the information out there is sufficient to settle for its prevalence in society. Nonetheless, it’s only acknowledged to some extent when a high-profile case arises. One such instance is when the world-renowned Hollywood actor, Johnny Depp offered proof of home abuse by his ex-wife throughout their defamation trial. Sadly, such incidents are sometimes taken as merely remoted occasions, with the favored notion nonetheless denying the involvement of a male sufferer. 

As society progresses, the wants and calls for of individuals additionally change, and so ought to the legislation. It shouldn’t be forgotten that the legislation is made for the individuals to make sure that they get pleasure from their life with none unwarranted hindrance, to make sure that their rights shall not be infringed by others, together with the State (besides in accordance with due process of legislation), to make sure that Justice shall prevail within the society- and society, doesn’t represent just one intercourse. 

Whereas challenges with respect to gender neutrality of home violence provisions exist, one can’t flip a blind eye to these victims who’re genuinely on the receiving finish, and search authorized help. It’s important to debunk the cultural beliefs and prejudices that at this time’s society holds in opposition to males and views them solely as aggressors to nearly any crime, not to mention home violence. It’s time that the legislature and the judiciary, each determine the present lacunae within the provisions pertaining to home violence, and stride harmoniously in the direction of attaining social justice and gender equality, not merely on paper, however in actuality as nicely.