Introduction
The Indian Constitution under Article 14 states that all persons must be treated equally in the eyes of the law, with no discrimination based on caste, race, religion, place of birth, or gender. It also guarantees to every individual, regardless of gender, the fundamental right to life and personal liberty under Article 21, the scope of which has been expanded as needed by the Supreme Court (henceforth, SC) in plethora of cases.
In the landmark case of Maneka Gandhi v. Union of India, the Supreme Court ruled that “the right to life and personal liberty under Article 21 is not limited to mere animal existence but includes the right to live with dignity.” Despite this, gender-specific regulations, such as those pertaining to sexual harassment, voyeurism, stalking, rape, cruelty, and domestic abuse, has remained a sensitive issue leading to extensive debates and discussions for a long time. While crimes against women have been recognized and addressed by legal institutions, the persistence of profoundly ingrained patriarchy has hampered the identification of male victims by society and the criminal justice system.
Domestic Violence is a pattern of abusive behaviour by one person towards another, both sharing or having shared a domestic relationship with each-other. It can take many forms– physical, emotional, sexual, economic, psychological or technological, and can manifest itself by way of physical harm, verbal abuses, intimidation, sexual coercion, or restriction of financial resources.
This article focuses on domestic violence against men, and the infringement of their fundamental rights, as guaranteed by the Constitution. After the suicide case of Atul Subhash suicide case, there is a surge in suicides by husbands and numerous petitions have been filed in the Supreme Court in order to seek reform in Dowry and Domestic Violence Laws. It seeks to bring to light the existing lacuna in the existing domestic violence laws, which are currently women centric, advocating to make them gender-neutral, not just from the perspective of the perpetrator, but of the victim as well.
Domestic Violence Against Men- The Indian Scenario
Despite the available facts on domestic violence against men, people in India continue to believe that such crimes are gender-specific, with only women suffering. Over the course of a year in Rohtak, Delhi, a study supported by the Indian Council of Medical Research discovered that 515 of the 1000 males in the sample had experienced violence at the hands of their own spouse. They also reported physical violence (0.6%) and sexual violence (0.4%), while the majority (49.6%) reported emotional violence. Furthermore, according to the National Health Family Survey, which was carried out in 2005–2006, about 60 lakh women had physically abused their spouses without cause. However, men are more likely to face violence by the relatives and family members of their wife than the wife herself, and when such violence is taken into consideration, it accounts to an abysmal 3 crore cases of domestic violence against men in India.
Although the Preamble, which was ruled to be a part of the Constitution in Kesavananda Bharati v. State of Kerala, provides for justice and equality, it is depressing and heartbreaking that men have long been excluded from the legal system and subjected to discrimination based solely on their sex. Although the Protection of Women From Domestic Violence Act, 2005 (henceforth, PWDVA) was passed and domestic violence against women is now illegal, there is no comparable law for men.
The Constitution and the Gender-Specific Domestic Violence Laws
It is undeniably true that a victim’s sex has no bearing on domestic abuse. Although the majority of the victims are unquestionably women, it is impossible to completely deny that men are also victims of the same. That there is a legal divide, with the laws only considering males as offenders and ignoring incidents when the victim is a man, despite the fact that men suffer a similar destiny to women, is discriminatory on the part of men.
Equality to All, Discrimination Against None
Regardless of citizenship, everyone has the right to equality under Article 14 of the Constitution. Article 15(1) further forbids discrimination against any citizen on the basis of caste, religion, race, sex, place of birth, or any combination of these. A society that views men and women as equal partners is like a well-balanced chariot that is steadily advancing and prospering. In order to uphold gender equality, which is not only essential to any nation’s development but was also the goal of the Constitution’s framers, the Supreme Court has often taken significant action to eradicate the deeply embedded roots of patriarchy in Indian society.
It is important to remember that discrimination is the opposite of equality, and that recognizing equality in its purest form will uphold each person’s dignity. However, victims’ capacity to identify their own victimization has been hampered by the underrecognition of domestic violence against men.It’s true that the PWDVA and Section 498 A of the IPC were both highly required in a society where women were viewed as nothing more than property and were abused by their own husbands and families. However, the rising incidence of violence against men today necessitates a gender-neutral approach.
Article 15(3) allows the State to make special provisions for the advancement of socially and educationally disadvantaged classes of citizens, as well as for Scheduled Castes and Scheduled Tribes. However, in order to prevent discriminatory and arbitrary legislation, the State should make reasonable classifications. The non-acknowledgement of males as the victims in laws pertaining to domestic abuse clearly fails the test of Article 14. Although there exists an intelligible differentia, which is sexual orientation, they are not based on any rational nexus backed by any legitimate state purpose.
It is only sad that despite the Preamble of the Constitution embodying the principles of Equality and Social Justice, the State is focusing too much on women’s justice, while leaving the male victims with no legal mechanism to approach the courts of Justice.
Domestic Violence Laws and Article 21: The Overlooked Violations
Although domestic violence laws acknowledge violence against women, which is undoubtedly a crime against women as well as a crime against humanity and a stain on the legal system, it is regrettable that there is currently no legislation that acknowledges domestic violence against men. Enjoyment of a quality life by the people has been upheld as the “essence of the guaranteed right under Article 21 of the Constitution,” and not even recognizing that males could be the victims of domestic violence, is a clear violation of the aforementioned fundamental right.
Although nations like the United States, the United Kingdom, Canada, Australia, Sweden, and Norway have opted for a gender-neutral approach, it is imperative that India, where statistics on domestic violence against men are relatively high compared to other nations, also recognize the violation of men’s fundamental rights and make room for gender-neutral laws.
Conclusion
Although there aren’t many research or surveys on domestic violence against males, the information that is accessible is sufficient to acknowledge how common it is in society. But it is only partially recognized when a well-known case occurs. One such recent example is of ATUL SUBHASH CASE, which recently highlighted the plight of an Indian husband who is subjected to cruelty in domestic relations.
The needs and wants of people vary with society, and the law should adapt accordingly. It is important to remember that the law is for the people’s benefit, to ensure that they can live their lives without unjustified interference, to guarantee that no one, not even the State, can violate their rights (unless due process is followed), and to guarantee that justice is upheld in society—and society is not gender-specific.
It is time that the legislature and the judiciary, both identify the existing lacunae in the provisions pertaining to domestic violence, and stride harmoniously towards achieving social justice and gender equality, not merely on paper, but in reality as well.
Contributed by: Adv. Akansha Sharma