This blog explores how men are impacted by gender biased laws, the consequences they face, and why India needs to consider a shift towards gender-neutral legislation.
The idea of navigating the gender bias in Indian law is to explore the men’ hidden struggle due to the bias. India’s legal system includes gender-specific laws which has lead to discrimination against men.
Gender equality is vital for any society both men and women are equal. To ensure gender equality in true sense, it’s important to address the biases that exist within India’s legal framework—particularly when these biases affect men.
Legal Biases and Their Impact on Men
Misuse of the Dowry Prohibition Act (Section 498A of the IPC): Section 498A of the IPC and Section 85 and 86 of BNS, is one of the most frequently misused laws in India. Many cases filed under this provision involve false accusations, leading to severe repercussions for the men accused. A large number of these cases are dismissed, but only after causing significant social and mental trauma to the men involved. Careers are often disrupted, family relationships strained, and men find themselves trapped in an unending legal battle with limited recourse for clearing their names.
Gender-Biased Domestic Violence Act (PWDVA): The Domestic Violence Act, or PWDVA, does not recognize men as potential victims of domestic abuse, even though studies indicate that men can also suffer from abuse in relationships. Men who experience harassment or abuse from their partners have no legal protections under this act and are often met with skepticism when they attempt to report such cases. This lack of support drives many men to remain silent, fearing ridicule or disbelief from society, leading to a cycle of suffering that goes unaddressed.
Custody and Divorce Proceedings: In custody disputes, the courts often favor mothers as primary caretakers, assuming this is always in the best interest of the child. As a result, fathers are often marginalized in decisions regarding their children’s lives, even when they have a close bond. In divorce proceedings, men may also face undue financial burdens, as they are often expected to provide alimony and financial support, sometimes even in situations where the split in financial responsibility could be more equitable.
Men’s Mental Health Consequences
Men who face false accusations or legal harassment often experience severe mental health challenges. Social stigma around these issues can lead men to suppress their feelings, as they are pressured to conform to societal expectations that view men as inherently strong or “resilient.” The inability to openly discuss emotional distress contributes to depression, anxiety, and in extreme cases, suicide.
Data from the National Crime Records Bureau (NCRB) reveals that married men’s suicide rates are alarmingly high compared to women. While this is a complex issue with multiple contributing factors, legal and social challenges play a significant role. Without proper legal protections or support systems, men facing harassment or false accusations find themselves isolated, with few options for help or advocacy.
Need for Gender-Neutral Legal Reform
To create a fair legal system, India must adopt gender-neutral laws that allow for an unbiased assessment of cases, regardless of the gender of the victim or accused. Gender-neutral reforms would provide balanced protection for everyone, addressing each case based on its individual merits. Countries such as the UK and Canada have already adopted gender-neutral legislation, ensuring all victims and accused individuals receive fair treatment under the law.
Creating a gender-neutral approach in laws like the Domestic Violence Act would allow male victims of domestic abuse to access protections without impacting anyone’s rights. Instead, it would bring a sense of equity to the legal system, ensuring that justice is not skewed in favor of one gender at the expense of the other.
India’s legal system has made significant strides in addressing issues, but biases in the law continue to cause harm to innocent men. By embracing gender-neutral legislation, India can ensure that everyone has equal access to justice and protection.
