INTRODUCTION
Domestic
violence is widely seen as a heinous crime that breaches human rights. It is an
emotionally, physically, and mentally devastating event for anybody who goes
through it. The Protection of Women from Domestic Violence Act of 2005[1] was passed to protect
women from domestic violence. Domestic violence affects about 30% of Indian
women, according to the "National Family Health Survey" (NFHS), which
includes not only physical but also emotional and sexual assault.[2]
In today's
scenario, the majority of people may find it offensive and politically
irrational. However, we all know that there are two sides to every coin. To put
it another way, when it comes to domestic violence, the Indian psyche is still
fixated on the concept that it only happens to women, and the idea that it may
happen to men is not that common. People hold the misconception that a man
cannot be a victim of a woman.
In a study of
1000 married men among the various age groups from 21-49 years of age in the rural
villages of Haryana, 52.4% of males[3] experience gender-based
violence in India. 51.5% of males have experienced some sort of torture or
violence at the hands of their wives or their intimate partners in their
lifetime. 10.5% of males[4] have experienced
gender-based violence at the hands of their wives or intimate partners in the
last 12 months. The most common spousal or domestic violence against men is
emotional and physical is the second most common domestic violence against
men.
1 in 9 men in the United States of America[5] experiences some sort of domestic violence from their Intimate partner or from their wives. 1 in 7 men has been the victim of some sort of physical violence by their wives or by their intimate partner.[6] In the United Kingdom, two out of five victims of domestic violence are men. This discards the popular belief that only women can be the victim of domestic violence. According to men’s rights campaign group parity domestic violence against men often go unnoticed and most of the time their attackers are not punished by the police. According to the British crime survey[7], in the year between 2004-2005 and 2008-2009, 40% of the domestic violence victims were men. In recent years it has reduced to 37.7%.
Understanding
the nature of domestic violence. Domestic violence occurs when this brutality
occurs between two members of the same family. Since it occurs within the
family; the victim is unwilling to disclose the crime or seek legal assistance
from any legal authorities or nongovernmental organisations.
Domestic violence has an impact not only on the victim, but also on children who see domestic violence in their homes or between their parents. Children who experience domestic violence acquire violent tendencies later in life or in future relationships.
Men who suffer silently
Today, more
than one-third of marriages end in divorce. Domestic abuse is the most common
reason. We believe that the man and his family are mostly to blame when a
marriage falls apart owing to this cause. A guy can be charged with domestic
violence if he screams at his wife, but there is nothing that can be done if a
woman shouts at her husband.
It is difficult to comprehend that a man can suffer such abuse and that a girl may be the perpetrator in our male-dominated world.[8] Despite the fact that women constitute the majority of domestic violence victims should not be used as a justification to dismiss male victims. There are a number of reasons why a male victim may be unwilling to come out about such an issue, but the most common one is fear of what society would think. Fear of dowry, domestic abuse case, or Section 498A case[9] are all possible causes. For males, the most horrifying fear is being wrongly accused of domestic violence or getting involved in a dowry case, which can last years and is typically in the wife's favour.
For the sake of the children
Knowing that such an event would impair the kid's mental health, as well as the fact that obtaining custody of a child is difficult. A man is taught from an early age that he is not meant to be sensitive. When a man complains about being harassed or assaulted by his wife, people begin to doubt his manliness. These prejudices prevent not only men but also women from standing up for themselves.
Discrimination in institutions
There are no such suitable remedies available to male victims due to the common belief that men cannot be exposed to domestic violence. Domestic abuse laws are overwhelmingly geared towards women, leaving male perpetrators with little recourse. When a male victim visits the police to report domestic abuse, he is frequently mocked, intimidated, or assaulted.[10]
The legal implications of Domestic abuse
The Act was
designed to address the needs of solely female victims, not male victims. Laws
intended to safeguard women are increasingly being misused and used to harass
males and their families.
"Aggrieved
individual" and "respondent" definitions: -
According to
Section 2 of the domestic violence legislation, the aggrieved person must be a
woman, and the respondent must be a man.[11] The omission of a guy as
a victim from these rules is unjust to men who are victims of their female
spouses. There has always been an "innocent unless proven
guilty" presumption of innocence that applies internationally and is the
foundation of criminal law.
It is not
used in India because if a woman makes a complaint against her husband under
Section 498A of the Indian Penal Code, he will be prosecuted as a criminal.
Since the offense is cognizable and non-bailable, the police can arrest a guy
at any moment without further investigation bailed just on the woman’s
testimony, which is sufficient to put a man behind the bars. Recently,
it has been reported that women have made repeated threats of domestic violence
and dowry against men and their families. There have been several instances in
which a wife accuses her husband of torturing and abusing her, however in some
of these situations, the wife was falsely accusing the husband for nefarious
purposes.
A situation
might arise in which the woman is verbally abusive to her husband and his
family. The husband has no other choice in this situation, and the police can
arrest him based only on his wife's statement. The police in this town will not
even question the truthfulness of the statements provided. This is only one
example; a guy might be wrongfully accused for a variety of causes or
circumstances.
Besides
criminal provisions like 498A of IPC, there are various provisions in the
Domestic Violence Act 2005 to protect women and girls from domestic harassment.
But there is no such act or provision in favour of men or boys who might be
subject to abuse by anyone in the family. Domestic violence is defined
as physical, psychological, sexual, verbal, emotional, or economic abuse
'against a woman' of a family by any other member of that family with whom the
victim is, or has been, in a domestic relationship, according to Section 3 of
The Domestic Violence Act 2005.
This definition itself ignores a man's status as a victim of domestic violence, and hence it violates the Constitutional mandates of Article 14, Article 15(1) and 21. Because the Act excludes domestic violence against males, men are unable to seek legal assistance in the event of abuse by women or other family members.
Role of gender biased laws in making the situation worse
Gender is a social construction and it is often influenced by race, caste, country, class, culture, sexual preference, ability, rituals, etc. In many south Asian countries such as India, gender roles are very rigid. This rigidity gives rise to gender biases and stereotypical notions. Men who face domestic violence at the hands of their wives or their intimate partners, these attackers who are usually women are immune to the provisions related to gender violence that is given in the penal provisions i.e., Indian Penal Code of the country.
According to Section 498A[12] of the Indian Penal Code 1860[13], only a man can be held liable for cruelty to his wife. There is not any subsection or any provisions given in the statute that will make a woman liable for domestic violence. When men try to open up and to report about the torture and physical violence that they are facing, no one listens to them, not even the police. Complaining about domestic violence by a man can often label a man as ‘effeminate’ or ‘feeble’ by the Indian society.
Many
men think that situation will get better shortly because of this reason too
they do not report about the domestic violence that they face. Any type of
violence whether physical or mental is the gross violation of human rights.
Unreported and unsaid cases of domestic violence can ultimately lead to
separations, bitter fights, divorces, depression, and even suicides.
Because
of the biased laws in the Indian Penal Statute which favour women, there are a
plethora of false cases where women falsely alleged a man for rape or for
domestic violence and the sad thing is that these biased laws automatically
assume that a man can never be the victim. Women do not need to give any sort
of evidence to prove their authenticity. They are presumed to be true creatures
by the biased laws.
Kimmel M. (2001) in his book on ‘Male Victims of Domestic Violence’ said that domestic violence is one of the major problems and men also suffer from domestic violence at the hands of their wives or intimate partners. Lorber. J. (1991) in his book, ‘The Social Construction of Gender’ explained that gender is socially constructed and is influenced by many factors. People often misunderstand the term gender and sex.
What can we
learn from the United States’ Gender-Neutral Law?
Section 922(g)[14] makes it a federal criminal to possess a weapon and/or ammunition after being convicted of a "qualifying" domestic violence offence. In general, a misdemeanour conviction will "qualify" if the offence was committed by the victim's intimate partner, parent, or guardian and involved the use of attempted physical force or the threat of use of a dangerous weapon. The US Attorney's Office will look at your case to see if your previous domestic violence misdemeanour conviction qualifies under the law. A spouse, a previous spouse, a person who shares a child in common with the victim, or a person who cohabits or has cohabited with the victim are all considered intimate partners under federal law.
Conclusion
It is fair to
state that gender neutral domestic abuse legislation is urgently needed. This
misapplication of gender bias rules is not just unfair to men, but also, to
women. Anyone may be a victim and anyone can abuse anyone else.
These attacks
against males might be less prevalent than domestic violence against women, but
these victims require some protection too. There has always been the assumption
that if a woman slaps a guy, he must have done something wrong or that she was
provoked to do so. The same logic applies to men but violence against anybody,
whether a man or a woman, is absolutely unacceptable and wicked.[15] Though the majority of
the victims are women, it is shocking to learn that men are also victims of
similar crimes.
This part of
domestic abuse is often disregarded and underreported, but it is past time for
individuals and the government to confront it and create laws that control it
as well. Every person, regardless of gender has the right to justice.
[1] Indiacode.nic.in. 2022. [online] Available at: <https://www.indiacode.nic.in/bitstream/123456789/15436/1/protection_of_women_from_domestic_violence_act%2C_2005.pdf>
[Accessed 1 June 2022].
[2] Rchiips.org. 2022. National Family Health
Survey. [online] Available at: <http://rchiips.org/nfhs/> [Accessed 3
May 2022].
[3] Malik, J. and Nadda, A., 2022. A
cross-sectional study of gender-based violence against men in the rural area of
Haryana, India. [online] Ijcm.org.in. Available at:
<http://www.ijcm.org.in/article.asp?issn=0970-0218%3Byear%3D2019%3Bvolume%3D44%3Bissue%3D1%3Bspage%3D35%3Bepage%3D38%3Baulast%3DMalik>
[Accessed 5 June 2022].
[4] Malik, J. and Nadda, A., 2022. A
cross-sectional study of gender-based violence against men in the rural area of
Haryana, India. [online] Ijcm.org.in. Available at:
<http://www.ijcm.org.in/article.asp?issn=0970-0218%3Byear%3D2019%3Bvolume%3D44%3Bissue%3D1%3Bspage%3D35%3Bepage%3D38%3Baulast%3DMalik>
[Accessed 5 June 2022].
[5] Ncadv.org. 2022. NCADV | National
Coalition Against Domestic Violence. [online] Available at:
<https://ncadv.org/statistics> [Accessed 5 June 2022].
[6] Ncadv.org. 2022. NCADV | National
Coalition Against Domestic Violence. [online] Available at:
<https://ncadv.org/statistics> [Accessed 5 June 2022].
[7] the Guardian. 2022. More than 40% of
domestic violence victims are male, report reveals. [online] Available at:
<https://www.theguardian.com/society/2010/sep/05/men-victims-domestic-violence>
[Accessed 5 June 2022].
[8] (Abused Men: The Hidden Side of Domestic Violence
| Office of Justice Programs, 2022)
[9] Indiacode.nic.in. 2022. India Code:
Section Details. [online] Available at: <https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688§ionId=46286§ionno=498A&orderno=562#:~:text=%5BWhoever%2C%20being%20the%20husband%20or,also%20be%20liable%20to%20fine.>
[Accessed 2 May 2022].
[10] (Abused Men: The Hidden Side of Domestic Violence
| Office of Justice Programs, 2022)
[11] Indiankanoon.org. 2022. Section 2 in The Protection of Women from Domestic Violence Act, 2005. [online] Available at: <https://indiankanoon.org/doc/1413588/> [Accessed 9 May 2022].
[12] Indiankanoon.org. 2022. Section 498A in
The Indian Penal Code. [online] Available at:
<https://indiankanoon.org/doc/538436/> [Accessed 5 June 2022].
[13] Indiankanoon.org. 2022. The Indian Penal
Code. [online] Available at: <https://indiankanoon.org/doc/1569253/>
[Accessed 5 June 2022].
[14]
https://www.justice.gov/usao-wdtn/victim-witness-program/federal-domestic-violence-laws
[15] Zavala, E., 2018. Target Congruence Theory and
the Victim-Offender Overlap Among Male Youths. Victims &
Offenders, 13(7), pp.1013-1032.
About the Author: This post is prepared by Advait Sharma, Law Student from The National University of Advanced Legal Studies, Kochi. He can be reached at advaitsharmaclat@gmail.com
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