Men vs. Biased Laws: The Forgotten Victims of Abuse

Author: Khushi Bhilala, Jagran Lakecity University, Bhopal (M.P.)

Abstract

Consider this, a man sits in silence, burdened by the weight of an incident he cannot narrate to anyone. His basic human right of dignity is violated, leaving him injured and helpless. It is hard to imagine the state of his mind at the moment he realizes there is no remedy for his injury, neither in society nor in law. While his female counterparts are treated with utmost care and provided with great support, his grievances are met with disbelief or ridicule.

In India, laws addressing sexual offences and domestic abuse are severely biased, excluding male victims from their ambit. This neglect originates from the stereotypes that view men as the aggressors and women as the sole victims of social evils like rape, and domestic violence. As a result of this, a number of male victims in the country suffer in silence, afraid to address the issue or seek justice.

This article aims to highlight the quiet struggle of male victims of rape and domestic abuse, analyzing how the unfair laws contribute to their sufferings. By studying real life examples, case studies, and comparative legal perspectives, this discussion focuses upon the urgent need of reformation in laws to ensure justice is inclusive and accessible to all.

Keywords

Men, Sexual offences, Domestic abuse, Biased laws, Inclusive justice.

Introduction

Laws addressing offences such as rape and domestic violence have transformed the justice system of the country and safeguarding the victims of abuse. In India, rape was formally penalized under the Indian Penal Code, 1860. These provisions were aimed at creating a safer environment for women by employing the deterrent theory of punishment, I.e., by inflicting harsh punishment upon wrongdoers and setting up an example for the society. Similarly, the Protection of Women from Domestic Violence Act,2005, is another such statute that protects women offences like domestic abuse. These laws provide a safety mechanism against serious offences, however, while the law has been a significant development in terms of creating a safer environment and effective punishment mechanism, it has failed to establish similar provisions for the safety of males in the society. Heinous offences against men such as rape and domestic abuse have been left untouched, resulting in victims being left without any sufficient support or solutions.

Despite progress in certain laws and gender equality, society at large lives under the assumption that men are the perpetrators of crime and women are on the receiving end. This rigid mentality is reflected in the laws prevailing in the society. The existing laws that address and punish sexual offences and domestic violence clearly exclude men from their ambit, leaving their sufferings unaddressed. Male victims are not only denied justice explicitly, but also face social stigma and ridicule, which further prevents them from standing up for themselves. The negative social perception contributes to the injustice men face and enables abuse to continue unchecked.

This article delves into the problem of gender bias in the legal system, specifically in the context of sexual and domestic abuse. The lack of legal recognition for male victims is, or at least should be, alarming for a country with a constitution that rests upon the principles of equality, justice and fair treatment for all. Where statues like Indian Penal Code, 1860, serve a necessary purpose of protection of women, their gender-based approach exclude almost half of their population I.e., 51.59 %, namely men, A law that neglects a huge chunk of population, falls short of being truly beneficial for the entire society.

A number of provisions in different laws needs to be revised in such a way that they are able to protect everyone regardless of age, gender and other attributes that divide people. Let us look at it in this way: suppose someone is being abused, does it really matter what gender they are? Is it the first question the legal framework should ask?

Literature Review

1. As per Nihit Nagpal and Lakshit RajdevThe Bharatiya Nyay Sanhita,2023 (BNS), which replaces the Indian penal Code,1860, has also taken away section 377 from criminal law. This provision had a crucial role in safeguarding men from sexual offences, however there is no such provision in the criminal law anymore. The newly enacted law fails to protect men from sexual offences, as there are no provisions to that effect, also the one provision that exists, namely section 63 defines rape as an offence that can only be committed by a man against a woman. The removal of proper laws to protect males from sexual assault is a step backwards in terms on gender equality. This unequal treatment is against the principles of equality and fairness in the justice system of the country. In Navtej Singh Johar v Union of India, the Hon’ble Supreme Court upheld the provisions contained in section 377, of IPC,1860, that criminalise sexual acts without consent as well as those performed on animals. However, section 377 is not in force anymore, which implies that the new provision does not provide protection against abuse, when it comes to adult males.

2. As per Aayush Akar and Shubhank Suman, in the recent years, criminal laws have been amended several times to align with the growing crime rate and societal concern, especially laws that deal with sexual offences. Landmark cases such as the Nirbhaya case, caused the lawmakers to improvise laws meant for the safety of women. However, these changes focus on women, neglecting men altogether.

The legal framework, specifically section 375 of IPC, 1860, defines rape as an offence that can only be committed against women. There are no gender neutral laws that serve the same purpose in the existing body of laws.

3. According to NandiniArticle 14 and Article 21 exist in the constitution of India for protection of right to equality and protection of life and liberty, yet there is no equality in terms of laws addressing domestic violence ignoring male victims. Studies reveal an alarming picture; 515 out of 1000 men in Rohtak, Delhi, experience domestic violence. Globally, laws penalizing domestic abuse against men exist in countries such as the UK, USA, Finland, etc . However, India laws fail to establish any concrete provisions against this evil and a large number of men continue to suffer the burden of social stigma and a negligent system of laws.

Methodology

A qualitative approach has been employed to investigate the problems that male victims of rape and domestic abuse face. It starts with studying the current legal system, including Indian Legal Code and the Domestic Violence Act, to point out their lacunas, namely the apparent gender bias. To widen the scope of research, the article also takes the example of different countries that do have laws that address abuse against men, and their approach towards addressal of such offences. The study highlights actual cases taken from contemporary society to support the claims of existence of the problem of abuse against men. Further, the study also includes elements of psychology and sociology to highlight the stigma and neglect that revolves around the problem of abuse against men. The outcome of these findings is used to suggest effective solutions in the current legal system so as to make the laws more inclusive and less biased towards a particular section of the society.

Result

The Provisions of Constitution

The Constitution of India contains several provisions including equality before law under Article 14, and prohibition of discrimination on basis of sex under Article 15, however despites the unwavering importance of these provisions, the current legal system has visible loopholes in it. The laws relating to sexual and domestic abuse are limited in their operation, clearly discriminating against a particular section of the society on the basis of sex. An inclusive system of laws is undeniably an essential requirement to maintain consistency with the basic provisions of the law of land. Laws addressing heinous offences must ensure protection of all victims, regardless of gender, and other differences. The existing needs need amendments so as to bring them in conformity with the constitution.

Statistics- As per The Hindu29 per 1000 men face domestic or spousal violence. The stats vary across states, from 2 per 1000 in Sikkim to 90 per 1000 in the state of Tamil Nadu. The frequency increased during 2005-2006 and 2015-2016.

Some factors behind domestic violence are as follows, consumption of alcohol by men (51.1/1000), fear of husband (31.4/1000), exposure of parental violence in childhood (66.9/1000), and excessive marital control by husband. In Spite of alarming statistics, there are little to no measures taken by the state to address the issue.

According to Ashna Butani, Delhi reported an alarming rate of sexual violence, with 44% of men experiencing abuse. In addition, 78.9% of gay men and 44% of bisexual men have reportedly faced verbal, physical, and sexual violence. The data underscores vulnerability of men, especially men belonging to the LGBT community, in absence of proper legal mechanism.

Social Perception

In India, the social mindset regarding rape and spousal abuse is surrounded by age old stereotypes, largely due to patriarchal norms and beliefs. Men are traditionally viewed as strong, therefore society finds it hard to believe that they could ever be on the receiving end when it comes to exploitation. Societal expectations being ‘tough’ forces them to remain silent, so the victims rarely seek help. This perception is further strengthened in the absence of equal laws for men. Current laws are meant for women and children only, neglecting men and the people of LGBT community. As a result, many cases of abuse remain unreported and justice remains out of reach.

Global Perspective

In the USA, laws related to sexual offences are more inclusive and focus on the wrongful acts rather than the gender of the victim involved. It defines rape as an unwanted or forced by any person upon another person. These laws aim at protecting victims of sexual abuse regardless of their gender, a more gender-neutral definition ensures that the law is able to cater to the needs of a wider section of the society, not just women. As far as the spousal abuse laws are concerned, provisions are gender-neutral, efficiently protecting men as well.

In the UK, current laws that define sexual offences are restrictive in operation due to certain biological terms that are used. The acts committed by women against women are not covered by the laws. The definitions need to be re-written in order to be more inclusive. The domestic violence laws on the other hand, are unbiased under the Domestic Abuse Act, 2021. The provisions contained therein address physical, emotional and financial abuse. Male victims can seek legal help if at all the need arises.

Case Study

The Madras High Court recently came across a case, where a husband was forced to quit his job due to false allegations by his wife. It was observed that the wife continued to harass her husband even after the divorce was granted. The court was familiar with the scenario but could not intervene due to absence of laws to that effect. Cases like these highlight the need of equal protection for both the spouses in marital issues and abuse.

In 2023, an auto driver allegedly committed the rape of a drunk passenger after an argument over fare. He is also said to have stolen his phone and ATM card. The victim approached the police after the incident and an FIR was lodged under section 377 of IPC, 1860.

However, with the coming of new criminal laws, section 377 is no longer in effect, therefore such offences are not formally penalized under the criminal legal system.

Discussion

The laws related to sexual violence and domestic abuse in India are centered around female victim, which is not a bad thing however the flaw is that the laws are not doing much for the male victims of abuse in country, they do not have nay legal support for their problem. The existing laws fail to address the growing problem of abuse against, which is a social evil left unchecked. The statistics must be seen as a warning of the issue, but they have remained unnoticed for quite a long time now. A country where the crime rates are high, needs a more fair and equitable justice system to tackle the prevailing societal evils.

Conclusion

In conclusion, the silent suffering of the male victims of abuse needs attention and appropriate action. The societal norms and negligent laws have left the sufferers on their own, voiceless and justice deprived. While the female victims can seek legal help and even societal help to some extent, males do not have the same rights in this context. It is necessary to realize that if the existing laws only provide justice to half of the population of the country, they are somewhat incomplete and unjust.

The legal system of any state, upon which the entire crores of people rely, cannot neglect a significant chunk of it based on stereotypical societal norms. It is high time to remind ourselves that dignity and personal space are among certain rights that are inherently present within each individual, and have existed even before the creation of institutions of state. My suggestion would be to re-write provisions of laws in such a way that it is inclusive of all genders, in a way that it focuses on punishing the criminal and providing rehabilitation to the victim, regardless of their respective genders.

A crime does not cease to be a crime merely because it has been committed by or against any particular gender, a criminal is a criminal irrespective of what his or her gender is; keeping this in mind, the most logical action taken by the state crime must be to inflict the appropriate punishment on the wrong-doer. Any justice system that fails to punish serious offences against the section of the society that make up half of it, is seriously flawed and needs to be revised accordingly.