Hasfa Rashid / Asian Nama
“Does Law favours Women and not Men?
Don’t Men need Protection as Women do?”
• Introduction
In India, there have been debates, discussions, arguments about the need for laws to protect men from harassment by wives and in-laws. In general , Indian laws seem to aim to promote gender equality and protect the rights of all citizens regardless of gender.
But what actually is seen to people, law may provide additional protections and benefits
to women . No doubt , it’s often intended to address historical and systematic
inequalities faced by women in Indian society and as a reaction to these inequalities, many central laws are enacted in the protection of women. But in contemporary times, where the country is developing there are Men who are facing similar issues like harassment by wives and in-laws, sexual abuse , false cases filed by women against their husbands and many more. Men in today’s era need legal protection and central laws .
POSITION OF MEN’S PROTECTION:
Particularly taking men’s protection in consideration, there is currently No specific
central laws in India that provides protection to men from domestic violence,
harassment , sexual abuse and more. However, the constitution of India does guarantee basic rights to all, including men. Although there are no central laws, a few states have taken initiative to address these issues. The Protection of Men from Domestic violence bill was introduced in the Rajasthan State Assembly in 2017, but it’s unclear whether it has been enacted or not. The Andhra Pradesh Men’s Rights Association has been advocating
for a law to protect men from domestic violence and harassment, but again there’s no update on whether such a law has been enacted in the state or not.
LAW and its MISUSE
Where Section 125 CRPC , currently section 144 Bharatiya Nagarik Suraksha Sanhita ,
BNSS dealing with maintenance is taken as gender neutral. But in contemporary times ,
it seems to be favoring women . The arguments that support and justify section favoring women are;
1. There have been cases where women have allegedly misused these provisions to
harass or blackmail their husbands or in-laws.
2. There are no stringent provisions for proof and thus making it easier for women
to file false claims and demand excessive maintenance from husbands.
Not only this , but Section 498A of IPC , currently BNS section 84, which deals with the husband or relatives of a woman subjecting her to cruelty. Although intended to protect women , unfortunately it has been seen in many cases where women misused this law to harass or black mail their husbands or in-laws.
Even the Protection of Women from Domestic Violence Act, 2005 is misused by women to gain leverage in marital disputes or to extort money from their husbands .
There are many more laws that are misused by women , like Dowry Prohibition Act, 1961 ,
Section 354 IPC , etc.
• Misuse doesn’t mean , Men do not get justice
There are cases where Men got justice . In case of Damanreet Kaur v/s In deement Juneja & Anr. 2012 , it was held that if the wife was working in the past years and resigned from employment, she is not entitled to maintenance under Domestic Violence Act . The court also imposed a cost of Rs. 1 lakh for filing a false domestic violence case against husband and inlaws.
In case of Gagandeep Singh v/s Bhumika, Delhi High court, January 31, 2024 ruled in favor of husband, Gagandeep Singh. The court found that the wife had filed a false domestic violence case against the husband and his family.
The recent case of Atul Subash, a 34 year old techie from Bengaluru, who committed
suicide due to alleged harassment by wife and in-laws. This case led to Public Interest
Litigation (PIL) filed in the Supreme Court, seeking justice. The court seeks to review
existing dowry laws, misuse of various laws involved in this case, validity of dying
declaration etc.
Conclusion
Where there are valid arguments and justifications both against a law to protect men and women from harassment and domestic violence. As far as my understanding in this subject is , I believe the laws need to be more gender neutral that protects women and also men. The issues like harassment by wives and in-laws need to be addressed by raising awareness, educating people, taking initiatives about the matter faced by men like (In 2019, Men’s Welfare Ministry was established) . Like women helpline , there should be established helpline systems and counseling services that men can help report harassment cases and others faced by the men . This can help empathy and understanding among people.
