We need to address human rights violations against men in legal matters. With this article MEN Helpline trying to bring attention of lawmakers the treatment of men in legal matters.
The current situation of men in the law and legal system is violating the Human rights principles of the Universal Declaration of Human Rights (UDHR).
Human rights are the cornerstone of a just and equitable society, and their protection is essential to maintain the dignity, freedom, equality and fairness of all persons, regardless of gender. With the unwavering commitment to human rights we can only build a more inclusive and balanced society.
Men face significant challenges in our legal system, particularly in cases of false accusations under IPC 498A or rape laws. In these instances, men often lack protection and face severe societal judgment and legal repercussions. Additionally, under CrPC 125, husbands are compelled to pay maintenance to estranged wives without ensuring that the wives fulfill their responsibilities. This one-sided approach leads to considerable harassment, with men facing societal scorn, lengthy court proceedings, and even imprisonment for crimes they did not commit. Such treatment clearly constitutes torture or cruel, inhuman, or degrading treatment, in violation of Article 5 of the UDHR.
In legal matters concerning women, the law frequently treats women as innocent while viewing men as guilty. A mere statement can lead to a prima facie case and the subsequent arrest of a man, reflecting an unjust bias that undermines the principle of equality before the law. This imbalance violates Article 7 of the UDHR, which guarantees equal protection of the law for all individuals.
Arrests which is solely based on statements that establishes a prima facie case without any substantive evidence are a common occurrence in women matters. This practice constitutes arbitrary arrest and detention, which violates the Article 9 of the UDHR. Men should not be arrested without sufficient reason, and a mere statement should not be considered adequate grounds for arrest.
We strongly condemn that “arresting men on mere statement of women is unjust”
In Cr.P.C. 125 cases, the focus is disproportionately on awarding maintenance to women, courts are awarding the interim maintenance without proper consideration of evidences. Many women who voluntarily leaves their matrimonial homes receives maintenance orders, which is passing a message that women can secure “marriage pensions” simply by filing cases. This practice violates Article 10 of the UDHR, which guarantees the right to a fair and public hearing.
The burden of proof in cases of rape, dowry harassment, domestic violence, and maintenance often falls unjustly on the accused men. Courts often require men to prove their innocence, giving the impression that they are presumed guilty from the beginning. Even when acquitted, men are often released due to a “lack of evidence” rather than a clear declaration of innocence. This practice violates Article 11 of the UDHR, which upholds the presumption of innocence until proven guilty.
The issues outlined above highlight significant violations of principle of human rights against men in legal matters as prescribed in UDHR. It is imperative that these concerns needs to be addressed to ensure that the principles of equality, fairness, and justice are upheld for all individuals, regardless of gender.
We urge law makers to review these practices and take appropriate measures to rectify the biases and injustices present in the current law and legal framework.
