Abstract:
Domestic violence is not something that is faced by only one gender but in our country domestic violence has always been considered in relation to women and abuse against men have not been taken notice of and have gone unreported. The male in society has always been seen as the perpetrator. Domestic violence, however, is no longer limited to women, due to ongoing socioeconomic changes influencing the family structure. Men are also subjected to verbal, physical, emotional, psychological, and sexual abuse. Men are silent victims of these abusive behaviours since they do not report them. Because our Indian culture favours women as victims of abuse, these unfortunate males are denied justice for their deplorable situation in the family and society. This article aims to study the scope of this problem and highlights the need for gender-neutral laws for domestic violence.
Introduction:
Domestic violence is identified around the world as a form of violence that has an emotional, physical, mental, and psychological impact on a person's life. It is a violation of the very basic human rights. Domestic violence, in India too, is a serious problem impacting people of all ages, castes, cultures, education, and religions. Domestic violence abounds in all social levels and castes, from the upper crust of the society to the poorest of slum dwellers.
The serious threat that it poses to society has made various countries identify it as a serious crime, thus providing relief and protection from it in various forms. India too has recognized it as a serious social issue and provides relief from it- albeit only to women. In 1983, domestic violence was identified as a criminal offence chargeable under Section 498A of IPC.
The Protection of Women from Domestic Violence Act, 2005, Section 3 defines domestic violence as the act, commission, omission or conduct of a person that causes harm, injury, or endangers the well-being, either mental or physical, of the aggrieved person. The definition also includes within its ambit all kinds of abuse, be it physical, sexual, verbal, emotional or economic. But what it has missed to include is that the definition of aggrieved person under S. 2(a) is not accommodative of men as victims of domestic violence and abuse.
In India, domestic violence has always been referred to in the context of women where a man is always considered as the perpetrator. Society does not accept that a woman can perpetrate violence on men because of the already established gender norms. But the fact is men do report and allege spousal violence in private, but they hardly report in public. Violence against men by women is not a new phenomenon and maybe it will increase with changing power dynamics and economic independence.
Statistical Data:
In India, there has never been a systematic study or record of domestic violence against men. However, it is believed that around 40 occurrences of domestic violence entail violence against men for every 100 cases of domestic violence. One of the main reasons for under-reporting is our societal system and values attached to men, our societal framework and norms related to men, which make it difficult for them to discuss and report domestic violence and abuse. Even if someone comes out and speaks of it, society hardly believes him.
The Save Family Foundation (Sarkar et al., 2007) researchers surveyed 1,650 married men between the ages of 15 and 49 years, picked through random sampling, and found that economical violence (32.8%) is the most common form of domestic violence, followed by emotional violence (22.2%), physical violence (25.2%), and sexual violence (17.7%). According to the study, the likelihood of violence increased dramatically with the length of the marriage, especially once it becomes 7 years old.
Men as victims of domestic violence:
After his wife was jailed, he told a British newspaper, “She had started drinking heavily and would slap me, punch me, strangle me and say horrible things. As a man, to be beaten by your wife is desperately humiliating and, in a way, shameful.” This statement by the man went viral in news and social media in which he shares how it feels to be a victim of domestic abuse.
Physical violence, such as slapping, pushing or hitting by the wife, her parents, or relatives; emotional violence, such as the wife menacing suicide to intimidate and influence the husband; verbal abuse if the husband communicates with his family members or arrives home late from work; throwing objects such as utensils at the husband; sexual abuse if the husband denies sex to mental abuse by constant threats of implicating the husband.
The general perception that men cannot be victims of domestic violence has helped women get scot-free. In general, domestic violence cases are said to be resolved in 6 months, but this never happens when a man is positioned as the victim. Moreover, in the back of their mind, a man always fears the accusation of a false dowry case or of non-consensual sex being filed against them.
Role of gender biased laws in making the situation worse:
In a country like ours, society has given a lot of emphasis on gender roles, making them rigid. This rigidity has given rise to gender stereotypes and biases and so, when a man is a victim of domestic violence by his spouse or partner, she is immune to the law related to domestic violence.
Section 498A of IPC provides that only a man can be held liable for cruelty to his wife. Nothing in the section provides for recourse if the woman is the aggressor. Moreover, the presumption in such cases makes the husband accused of the crime and the burden of proof of his innocence lies on him to show that he hasn’t committed the crime.
There are a myriad of false cases where women unjustly accuse a guy of rape or domestic abuse because of the biased laws in the Indian Penal Statute that favour women and the unfortunate part is that these biased laws inherently assume that a male can never be the victim. Women are not required to provide any proof of their legitimacy. By the biassed laws, they are assumed to be genuine creatures.
Vishnu Tiwari V State of U.P. (2019) is a case of serious infringement of human rights and fundamental freedoms of a man who spent 20 years in jail for a false rape case. Vishnu Tiwari of Lalitpur spent two decades in prison for a crime he did not commit. Vishnu was detained by the authorities in September 2000 in a rape case when he was 23 years old, in which the woman, her husband, and her father-in-law claimed that Vishnu had exploited her in the fields. When the woman was five months pregnant, he was accused of sexual and physical assault. The Allahabad High Court finally recognised the facts and freed Vishnu Tiwari after 20 years in prison. He was released in 2019 when he was 43 years old.
The legal issue:
The policy of India does not recognise domestic violence against men. Despite the fact that there is evidence of violence against males, the legislature has yet to pass a law to protect men. This implies that there is no law till date in our country to protect the basic rights of men.
Women are considered victims in all domestic violence legislation. Antidowry legislation such as the Dowry Prohibition Act of 1961 and later Section 498A of the Indian Penal Code have already expressed concern and advised the government to cease "Legal Terrorism" in the form of misuse of 498A and make the required modifications.
GENDER-NEUTRAL LAWS : NEED OF THE HOUR
Human Rights and gender equality should include both men and women. In today’s time, men are falsely accused of rapes, domestic violence and sexual assault. But they have no platform which can address their grief. It goes without saying that our country needs to bring a law to protect men, given that such a law already exists for women in society. In fact, not having such a provision in our statute in this age of gender equality would be absurd. Millions of men who feel victimised and excluded might benefit from such a law to protect them from domestic abuse. It would also give those men a judicial recourse to come out and relate their suffering in the hopes of finding some healing.
Society, as well as its power relationships, conventions, and values, is evolving. Men have begun to open up about their pain, torment, and harassment at the hands of their wives and partners. It's past time to acknowledge their problem as a social and public health concern and to devise effective tactics and remedies.
Domestic violence should be considered spousal violence and must not be differentiated due to gender. The Domestic Violence Act in India is for women only. Studies and statistics have shown that men are also the victims of violence at the hand of women and there is no existing law in our country that protects the right of men in society. Hence, necessary amendments addressing violence against a man is the need of the hour.
Conclusion:
From ancient times, India has been a male-dominated country, and it is difficult to imagine that a guy can be a victim and a female may be a perpetrator. But eventually, society, as well as its power relationships, conventions, and values, is evolving. Men have begun to open up about their pain, torment, and harassment at the hands of their wives and partners. Its past time that we recognize and we must move beyond men as perpetrators only and there is a need to acknowledge their problem as a social and public health concern, and to devise effective tactics and remedies.
Besides women, men are also the victims of gender-based violence and hence domestic abuse and violence against men should also be included as a penal offence in laws and legislation. This demands the future investigation and necessary intervention on gender-based violence against men in India and introduce such laws that provide protection to both men and women from spousal violence.
References:
- ICRW, Domestic Violence in India: Exploring Strategies, Promoting Dialougues, <https://www.icrw.org/wp-content/uploads/2016/10/Domestic-Violence-in-India-4-Men-Masculinity-and-Domestic-Violence-in-India.pdf>
- IPleaders, Domestic Violence Against Men in India, < https://blog.ipleaders.in/domestic-violence-men-india/>
- Sociocultural and Legal Aspects of Violence Against Men, By Sanjay Deshpande, <https://journals.sagepub.com/doi/pdf/10.1177/2631831819894176>
- Study Report by Save Family Foundation, Domestic Violence Against Men, <https://ipc498a.files.wordpress.com/2007/10/domestic-violence-against-men.pdf>
- Research Gate, Domestic Violence Against Men in India, <file:///C:/Users/shres/Downloads/DomesticViolenceagainstMeninIndia-APerspective.pdf>
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