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Introduction: The Constitution and Its Promise of Equality
The Constitution of India promises equal rights to all citizens, regardless of their gender. This fundamental principle ensures that every individual is treated with fairness and justice. However, when we delve deeper into India’s criminal laws and how they are applied, a disturbing pattern begins to emerge - a bias that often favours women over men. While the law seems to be strong in protecting women, especially from crimes committed by men, it appears to weaken when dealing with situations where women are the perpetrators.
The Bias in Law: Favouring Women & Neglecting Men
In India, we often hear the phrase "Innocent until proven guilty" as a cornerstone of justice. This phrase is meant to ensure that no one is wrongly accused and that all people, regardless of gender are presumed to be innocent until evidence proves them guilty. However, does this principle hold true when the accused is a man?
A closer look at India’s criminal laws reveals a clear bias. Laws related to domestic violence, harassment and other crimes often protect women more than they protect men. For example, while Section 498A of the Indian Penal Code was created to protect women from cruelty in marriage, it is frequently used in a way that disadvantages men. The law is intended to prevent abuse by husbands, but in many cases, it has been misused to settle personal disputes often leaving men unreasonably accused and without adequate protection.
This bias isn’t just about the law’s provisions. It extends to the way society views gender roles. Men who are victims of domestic violence or harassment often find it difficult to seek help or get sympathy. Society tends to overlook their struggles, further deepening the issue of unequal treatment.
The Case of Atul Subhash: A Tragic Example
A recent and tragic example that highlights this issue is the case of Atul Subhash, a tech professional from Bangalore who took his own life. Atul’s story is heartbreaking but it also sheds light on a much bigger problem—the mental health crisis among men, especially those dealing with family issues and the pressures of marriage.
According to the National Crime Records Bureau (NCRB) 2021 data, the number of suicides among married men far exceeds that of married women. Out of a total of 1,64,033 suicides in India that year, over 81,000 were married men while only about 28,000 were married women. This stunning difference suggests that men often face much greater mental and emotional strain, particularly in the context of family and marriage but their struggles are rarely acknowledged.
Men's Legal Rights: Limited and Overlooked
In light of these statistics, it becomes clear that men often face legal and emotional hardships that are not addressed adequately by the current legal system. The law may protect women from domestic violence, but it often fails to provide the same level of protection or support for men who are victims of similar circumstances. For instance, in cases of male rape or harassment, legal frameworks are often insufficient or missing entirely, making it difficult for men to seek justice.
Furthermore, when it comes to issues like adultery which was criminalized for men until recently, the law has been slow to evolve. Men’s legal rights, especially in family matters are often significantly limited compared to those of women. While laws exist to protect women, men are left to navigate a complex and often unfriendly system when they require legal help.
The Indian Constitution is built on four cornerstone principles: justice, liberty, equality, and dignity. These ideals are crucial for creating a welfare state by ensuring all citizens receive "equality before the law" and "equal protection of the laws." However, despite over seven decades since independence, there remains an unfortunate trend where men often suffer under gender-specific laws that, while designed to protect women but such laws sometimes lead to unintended consequences.
Historical Context of Gender Inequality
Historically, India has been a patriarchal society where women were given a subordinate role, with limited rights and freedoms. This societal structure was reflected in the laws of the land. The need for legal reforms to achieve gender justice became important during the colonial period, where practices like sati, child marriage, and the mistreatment of widows were challenged and ultimately abolished through the efforts of British administrators and progressive Indian thinkers.
Post-independence, India’s constitutional framers included Articles 14 and 15 to combat discrimination. Article 14 ensures no person is denied equality before the law, while Article 15 prohibits discrimination on various grounds including sex. Importantly, a provision was made to allow special laws for women and children, reflecting the vulnerable position of women at that time. The judiciary supports this with the "test of reasonable classification," justifying special provisions as long as they are reasonable.
The Rise of Women’s Movements
The 1970s and 1980s saw significant growth in women’s movements in India, driven by rising crimes against women such as rape, domestic violence, dowry deaths, and more. This period prompted a series of legal reforms aimed at protecting women. Amendments to laws like the Indian Penal Code, the Code of Criminal Procedure, and the Evidence Act expanded definitions of crimes against women and imposed stricter penalties.
With globalization, the socio-economic landscape in India evolved and women began participating more actively in the workforce, education, and society. This progress, facilitated by pro-women laws, led to a situation where women in many respects, achieved equality with men. However, this shift also highlighted new challenges for men, who started facing issues such as false accusations of sexual harassment, cruelty, and other forms of violence with inadequate legal protection for their grievances.
Despite the changing societal roles, the legal system has been criticized for its bias against men. The existing laws designed to protect women are sometimes misused, especially by privileged women to exploit men. This misuse often leaves men vulnerable without fair opportunities to defend themselves. The judiciary has on occasion expressed its helplessness in protecting men under these gender-specific laws by acknowledging that creating new laws falls under the purview of the legislature.
The current situation underscores the necessity to re-examine and balance gender-specific laws in India. While protecting women remains crucial, it is equally important to address the challenges faced by men to ensure that justice and equality are truly upheld for all citizens without prejudice or bias.
Are there Laws to Protect Men as Strong as those Protecting Women?
Under the Indian Constitution, fundamental rights such as equality before the law, freedom of speech, and the right to constitutional remedies are granted to both men and women. However, the legal framework has also developed specific laws aimed at protecting women often leaving men with fewer comparable safeguards. While laws focused on women’s protection are necessary, the absence of equally robust protections for men raises questions about fairness and misuse.
The Need for Men’s Rights
The necessity for men’s rights arises when there’s an imbalance in legal protections, particularly when “pro-women” laws are misused. Some laws, such as Sections 498A, 307, 312, 354, 375, 376, and 377 of the Indian Penal Code (IPC), have reportedly been exploited to harass men often resulting in cash settlements rather than justice. Advocates for men’s rights argue that many of these cases are fraudulent and used primarily to extort money from men through various settlements.
Key Laws Protecting Women
India has several powerful laws aimed at safeguarding women, including:
- The Dowry Prohibition Act, 1961
- The Indecent Representation of Women Act, 1986
- The Equal Remuneration Act, 1976
- The Protection of Women from Domestic Violence Act, 2005
- The Immoral Traffic Prevention Act, 1956
- The Sexual Harassment of Women in the Workplace Act, 2013
- The Maternity Benefit Act, 1961
These laws are designed to protect women from various forms of exploitation and violence. However, their strength sometimes means women do not need substantial evidence to prove charges as seen in Section 498A, where a simple complaint can lead to the arrest of men without immediate proof.
Today, sometimes in a society where there is a lack of gender-neutral laws in implementation feels like it is from the moment a male child is born they are already declared a criminal by the society. It's all those innocent men who aren’t left with any other option and have to suffer the corrupt system. At last, all they are left with the option is to commit suicide. The Atul Subhash case, Puneet Khurana Delhi suicide case and many more unreported cases are proof that our society has collapsed in its moral and social values.
The Case for Gender-Neutral Laws
Despite the existence of violence against men by women, India lacks equivalent legal provisions to protect men. Section 498A of the IPC, for instance, addresses cruelty by husbands or their relatives towards wives but offers no similar protections for men against their wives’ abuse. The absence of gender-neutral laws creates an imbalance, leaving men vulnerable to exploitation and false accusations.
Instances of Misuse of Women-Centric Laws
- The Rohtak Sister's Case
In 2014, Pooja and Aarti, two sisters from Haryana had accused three young men of molesting them on a bus. The case gained national attention, but investigations later revealed that the accusations were false with multiple witnesses and a polygraph test disproving the sisters' claims. This case highlighted how women-centric laws can be misused to tarnish the reputations of innocent men.
- The Nisha Sharma Dowry Case
Nisha Sharma accused her fiancé, Munish Dalal, of demanding dowry, a claim that received widespread media coverage and positioned her as a role model. However, in 2012, the court acquitted Munish and others involved, revealing that Nisha fabricated the charges to avoid the marriage. This case illustrates the potential for misuse of laws like Section 498A to harm innocent men.
- The Controversy Surrounding Sarvjeet Singh and Jasleen Kaur
In 2015, Jasleen Kaur accused Sarvjeet Singh of sexual harassment, leading to a widely publicized controversy. Jasleen posted a picture of Sarvjeet on Facebook, claiming he harassed her. The post quickly went viral, drawing widespread attention across India. National leaders and celebrities rallied behind Kaur, praising her for speaking out against harassment. However, Sarvjeet denied the accusations, admitting only to a disagreement with Kaur.
Soon after, an eyewitness came forward supporting Sarvjeet's innocence, giving his story credibility. In October 2019, an Indian court acquitted Sarvjeet of all charges. Subsequently, he filed a petition for a criminal investigation against Jasleen for making false claims. Jasleen, however, vowed to continue her fight. The Delhi High Court later dismissed Sarvjeet's petition.
- The Tragic Case of Vishnu Tiwari
Another distressing case is that of Vishnu Tiwari, a 23-year-old falsely accused of rape in September 2000. The accusations were made by a woman, along with her husband and father-in-law, claiming that Tiwari had assaulted and raped her while she was five months pregnant. Despite the allegations being baseless, Tiwari was charged under the SC/ST Act and sentenced to life imprisonment in 2003.
Tiwari spent 20 years in jail before the case was revisited, revealing his innocence. By then, he had lost two decades of his life, unable to reclaim those lost years. His struggle to adapt to the societal and economic changes during his imprisonment highlights the profound injustice he endured. Sadly, Tiwari's story is just one among many untold cases where men have suffered due to false accusations.
The Repercussions of Misuse of Legal Provisions Against Men
False accusations not only affect men but also have devastating consequences for their families. In Indian society, where respect and reputation hold significant value, being associated with false cases such as dowry, rape, or adultery can lead to social exclusion and humiliation. These cases often destroy the reputation and dignity of the accused and their families.
The impact is multifaceted—social, financial, and mental. Men face alienation from friends and relatives, job losses, and challenges in finding new employment. Financial instability follows, compounded by the mental strain of societal rejection. Men, unlike women, often lack safe spaces to express their emotions that is leading to mental health issues. The societal expectation for men to remain tolerant and resilient in every situation exacerbates their vulnerability, sometimes leading to the most tragic outcome—suicide.
The Need for Societal and Legal Reforms
The narratives of Sarvjeet Singh, Vishnu Tiwari, and countless others highlight a critical gap in legal protections for men. The misuse of laws intended to protect women often leaves innocent men vulnerable, socially stigmatized, and emotionally scarred. There is an urgent need for reforms that ensure fairness and prevent the exploitation of legal provisions. As a society, we must support both men and women, offering safe spaces and equal legal safeguards to prevent such devastating consequences.
The Stigma of Unemployment for Men
In many societies, a man without a job is often viewed with disdain. He is labelled a "sinner," deemed unworthy of dating or marriage. Employment is not just a necessity but a critical factor in a man's social standing. In job interviews, men face gender-based biases, sometimes being unjustly seen as potential threats, like child abusers, simply because of their gender. Even securing a job is not enough; men are expected to earn more to be considered eligible for marriage. These societal pressures push some men to remain single, believing that relationships with women are pointless, especially when faced with systemic barriers to child custody and parental rights.
Atul Subhash's Case: A Turning Point for Men's Issues
The case of Atul Subhash brought men's issues into the spotlight in India, sparking significant social media uproar. For the first time, mainstream discussions began focusing on how legal and judicial systems along with corrupt governance are used to harass men. The case highlighted the plight of men who feel they do not receive justice, pointing to the controversial Section 498A of the Indian Penal Code (IPC) as a core issue.
Section 498A: Protection or Weapon?
Section 498A, intended to protect women from domestic violence is frequently cited in discussions about men's rights. Originally designed to safeguard women from cruelty by their husbands, this legal provision has been criticized for its misuse, especially in divorce cases. The misuse has become so prevalent that the Supreme Court of India, two years ago had expressed concern about the growing tendency to exploit this law, which has led to men being unfairly targeted.
The Broader Implications of Misused Legal Provisions
The misuse of Section 498A is not an isolated issue. It reflects deeper societal and systemic problems where laws meant to protect are sometimes used as tools for harassment. The lack of serious mainstream discussion on men's issues, beyond the context of marriage and domestic violence, underscores a significant gap in addressing gender biases. The narrative needs to shift towards a more balanced view that acknowledges the struggles of both men and women in the legal system.
The Misuse of Section 498A: A Tool for Personal Vendettas
Before Atul Subhash’s case gained widespread attention, there were already instances where Section 498A of the IPC was being misused. Some wives used this law to settle personal scores against their husbands and their families. This misuse led to the formation of associations dedicated to helping these distressed husbands.
The Challenges in Boyfriend-Girlfriend Relationships
Beyond marital issues, the struggles faced by boyfriends in relationships are also frequently discussed. Often, boyfriends endure emotional turmoil due to their girlfriends' sudden mood swings or uncommunicated grievances. The pressure on boyfriends to constantly create memorable moments adds another layer of stress, a theme humorously captured by comedians who highlight the unrealistic expectations placed on men in relationships.
The Emotional Dilemma of Being "Manly"
Men are often trapped in a paradoxical situation regarding emotional expression. If a man is soft-hearted, he is criticized for lacking masculinity. Conversely, if he is less expressive, he is accused of having no feelings at all. This dilemma is widely recognized in popular culture with viral videos like Anil Kapoor’s from Total Dhamaal, which depict the conflicting expectations placed on men in various social roles from being a partner to a parent.
Navigating Between Patriarchal and Progressive Expectations
The coexistence of patriarchal and progressive mindsets in society creates a challenging environment for men. If a man does not allow his wife to work, progressive individuals may label him as controlling. However, if his wife earns more than he does then patriarchal critics may question his masculinity. This constant tug-of-war leaves men unable to satisfy both perspectives simultaneously.
Superficial Discussions on Men's Issues
The conversation around men’s issues on social media often remains at a superficial level, easily slipping into misogynistic rhetoric. Some discussions generalize women as troublesome, warning men against marriage or relationships. On the flip side, there are extreme views where women label all men similarly. Both perspectives hamper meaningful dialogue about the real challenges men face.
The Hidden Reasons Men Embrace Feminism
Many male celebrities including Farhan Akhtar, openly identify as feminists, driven by the desire to create a better world for the women in their lives—mothers, wives, and daughters—by advocating for fairness. However, another less obvious reason for men supporting feminism is their own victimization under patriarchy. In her TEDx talk, Kamla Bhasin highlighted how patriarchy dehumanizes men, stripping them of emotional depth and reducing them to a simple main source of income, disconnected from other essential life skills like cooking or parenting.
Men’s Issues: Not a War Against Women
Discussing men’s issues is not an attack on women, just as raising women's issues is not a strike against men. However, several men's issues remain largely unaddressed such as paternity fraud, where men are deceived into believing they are the biological fathers of children who are not theirs. Society’s toxic masculinity mocks such men and the legal system offers little recourse, compounding their struggles with child custody disputes, where fathers are often side-lined in favour of mothers.
The Silent Suffering: Male Rape
Male rape, particularly during wartime or in prisons, remains a dark, underreported issue. Unlike female victims, male rape survivors face a unique stigma by often having their masculinity questioned. The partial decriminalization of Section 377 in India decriminalized consensual same-sex relations but also inadvertently removed protections for male rape victims, leaving them without legal recourse. The new Bharatiya Nyaya Sanhita further excludes provisions for male and transgender rape, exacerbating the issue.
Male Depression and Emotional Castration
From childhood, boys are conditioned to suppress emotions and discourage traits considered soft or feminine, like crying or expressing vulnerability. This emotional castration deprives boys of the full spectrum of human emotions by pushing them towards toughness and patience. Societal norms dictate that boys should enjoy violent or action-packed entertainment while excluded from anything deemed soft like certain colours or genres. This suppression leads to long-term emotional distress, manifesting as male depression which is often ignored or dismissed due to gender expectations.
The Nature of Male and Female Friendships
A 2022 study of 153 participants revealed distinct differences between male and female friendships. Intimacy is a cornerstone of female friendships, making them more fragile. Women often feel that if they haven't communicated with their friends for a while, the bond weakens, leading to the dissolution of the friendship. In contrast, male friendships are based more on shared activities. Men can go months or even years without speaking to their friends and still maintain a strong sense of companionship.
The Social Activities Bond in Male Friendships
For men, friendship often means engaging in mutual interests such as playing sports, watching movies, or socializing over drinks. This activity-oriented approach contrasts with the intimacy and emotional support that women typically seek in friendships. Studies have consistently shown that while women prioritize talking and sharing personal issues on the other side, men prefer bonding through common pursuits.
The Fear of Vulnerability in Male Friendships
Men’s reluctance to share personal problems with friends stems from an ingrained fear of being perceived as weak or 'soft.' Crying or expressing vulnerability is often met with ridicule, reinforcing traditional notions of masculinity. This fear of being mocked for displaying emotions like sadness or fear discourages men from opening up, leading to isolated suffering.
The Tragic Outcome: Male Depression and Suicide
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This emotional suppression contributes to prolonged distress, often revealed as depression. When left unchecked, this can tragically end in suicide. Globally, data consistently shows that men are more likely to die by suicide than women. In the UK, for instance, the male suicide rate stands at 15.5 per 100,000, compared to 4.9 per 100,000 for women. Similar trends are observed in Australia and the US, where men are about three times more likely to die by suicide than women. In India, the National Crime Records Bureau reported that out of 165,000 suicides in 2021, approximately 120,000 were men. The World Health Organization highlights that in 40% of countries, the male suicide rate exceeds 15 per 100,000.
Gender Differences in Depression and Suicide Rates
Globally, only 1.5% of countries report similarly high suicide rates among women. This difference is not due to a lack of depression among women. On the contrary, depression is diagnosed more frequently in women. According to the World Health Organization (WHO), multiple studies indicate that women are 50% more likely to experience depression than men. Despite this, men are more likely to die by suicide.
Reluctance of Men to Seek Help
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A survey by the Mental Health Foundation involving over 2,500 individuals with mental health issues found that 28% of men did not seek medical assistance, compared to 19% of women. This highlights a significant reluctance among men to seek help for their mental health problems, whether from friends, family, or professionals.
The Struggle to Acknowledge Mental Health Issues
Joseph Harper, a therapist, wrote in the Washington Post about the difficulty of getting men to open up about their emotional struggles. Many men who visit therapists do so only because women in their lives have insisted. They often dismiss the need for therapy, claiming it's unnecessary and that their concerns are exaggerated. This denial often extends to not acknowledging their depression, with many feeling pressured to maintain a 'manly' image for society and themselves.
Different Symptoms of Depression in Men and Women
The manifestation of depression varies between men and women. Women may exhibit sadness and are more likely to cry, while men, constrained by societal expectations, often suppress such emotions. This suppression can lead to anger and aggressive behaviour in men. Furthermore, many men turn to substance and alcohol abuse as coping mechanisms, believing it helps them relax and sleep, though this often exacerbates their depression.
Impact on Career Choices
This barrier to emotional expression also influences men's career choices. Societal norms that discourage men from appearing 'soft' push them toward roles perceived as more 'manly' and away from careers that require empathy and emotional intelligence.
Mary Kom's Tribute to Her Husband: A Rare Positive Example
Boxing champion Mary Kom once wrote an open letter to her children, expressing deep respect for her husband. She highlighted his dedication to their family and addressed the societal label of "house-husband," emphasizing that it is not an insult. Mary Kom described her husband as her partner and source of strength, someone who supported her every step of the way. This example stands out as positive yet rare in a society where such dynamics are largely uncommon.
The Stigma Surrounding Homemakers
In many societies, both men and women face stigma related to traditional gender roles. A woman is often expected to sacrifice her career for her family, while a man may face ridicule for choosing to be a homemaker. The term "house-husband" is sometimes viewed as insulting, reflecting a broader devaluation of homemaking. Only working women are often seen as powerful and are given decision-making authority primarily when they earn an income. This perspective undervalues the noble task of managing a household and raising children.
Joint Decision-Making in Households
The decision of who should work and who should manage the household should be left to the couple. Both roles are equally significant and neither should be stigmatized. Men's and women's issues are deeply interconnected and should be addressed collaboratively. Just as society rallies for women's rights, it should also support men's issues, promoting true gender equality.
The Blame Game in Gender Equality
Following Atul Subhash's case, social media was flooded with divisive comments. Some men generalized negative experiences, urging others to avoid marriage and relationships with women by adopting the stance of a 'single chill guy.' On the contrary, discussions about crimes against women sometimes devolve into generalizations, with some women blaming all men. This blame game detracts from the real goal of gender equality, which requires cooperation rather than accusations.
Turning Half of the Population into an Enemy: A Counterproductive Approach
Labelling one-half of the population as the enemy does not lead to solutions. Instead, progress lies in collaboration, fostering love, trust, and mutual respect. Marriages built solely on factors like caste, religion, or wealth often lead to these priorities dominating the relationship. A strong marriage foundation is based on genuine love, mutual liking, trust, and compatibility. Choosing a partner should involve recognizing their good nature and qualities.
By focusing on trust and mutual respect, the likelihood of exploitation in relationships decreases significantly. Marriages built on financial foundations are more susceptible to financial exploitation. This principle applies to both men and women. Learning to identify trustworthy individuals is crucial. As more people adopt this approach, reliance on an often flawed legal and judicial system as well as corrupt government mechanisms can be reduced.
Addressing Systemic Failures Together
The real issue with legal systems often lies in their implementation rather than the laws themselves. High-profile cases like Atul Subhash's, the Pune Porsche case, the BMW Road Accident case, and the RG Kar Hospital case underscore the systemic failures we must collectively address. Improvement comes from uniting to reform these systems and ensuring laws are applied fairly and justly.
Conclusion
The current legal system in India heavily focuses on protecting women, which is essential. However, the lack of comparable protections for men creates a legal disparity. There is a pressing need to implement gender-neutral laws to ensure justice is equally accessible to all, preventing misuse and safeguarding the rights of both men and women.
The legal system must evolve to ensure that both men and women are treated equally, not just in belief but in practice. While laws like Section 498A intend to protect vulnerable individuals, it’s important that these laws are not misused. At the same time, men’s rights need to be acknowledged and protected just as much as women.
As we continue to discuss and address gender inequality in India, it is crucial to recognize the need for balanced legal protections. This is not about opposing men against women; it’s about ensuring that everyone, regardless of gender, receives the justice they deserve. The principle of being "Innocent until proven guilty" should apply to all without bias or discrimination.
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