Domestic violence is often viewed as a women’s issue, overshadowing the painful reality that men, too, suffer in silence. In India, societal stereotypes and historical legal frameworks have marginalised male victims, leaving them without adequate support or recognition.
This underrepresentation not only intensifies their trauma but also hinders the creation of a robust support system that can provide essential legal and emotional assistance.
It’s crucial to acknowledge that domestic violence affects both genders and addressing male victims is essential to building a more inclusive, equitable society.
Understanding the legal provisions available for men is key to empowering them to seek justice and support.
Harassment Faced by Husbands and Their Families in India
In India, a growing number of men and their families face harassment due to the misuse of domestic violence laws.
Some women file false complaints driven by personal motives such as revenge, financial gain, or child custody battles. These baseless allegations tarnish the husband’s reputation and drag their entire family into long, stressful legal battles.
Often, without proper investigation, husbands, parents, and even elderly family members are wrongfully arrested, leading to the loss of respect, jobs, and social standing.
The situation can be emotionally and financially overwhelming, with many men experiencing mental health deterioration. Tragically, some resort to extreme measures, including suicide, as they feel helpless in the face of unfair accusations.
This societal bias, which presumes guilt by accusation, completely ignores the legal principle of innocent until proven guilty, further aggravating the injustice.
This misuse of legal provisions not only punishes innocent men but also damages their mental well-being and the stability of their families.
Acknowledging Male Victims of Domestic Violence in India
For many years, society expected that men should always be strong and never show vulnerability, which led many men experiencing abuse to suffer in silence without seeking help.
Unfortunately, very few services are specifically designed to support men in such situations. While there are laws in place that men can use to defend themselves, they are often difficult to access and insufficient for their needs.
In recent years, NGOs and support groups have raised awareness about the issue of domestic violence against men. These organisations are advocating for legal reforms and support systems that ensure equal treatment for both men and women, aiming to provide a fair and inclusive approach to addressing domestic violence.
Power of Police Restricted by Supreme Court in Dowry Harassment Cases
In a landmark ruling, the Supreme Court of India addressed the misuse of dowry harassment laws that had unfairly targeted men and their families.
In the case of Arnesh Kumar vs. State of Bihar (2014), the Court acknowledged that Section 498A of the Indian Penal Code (IPC) was frequently being exploited by women to harass husbands and their in-laws.
The Court’s judgment was a game-changer. It mandated that the police should not arrest individuals immediately in dowry harassment cases without conducting a thorough investigation.
The Court emphasised that an arrest should not be made merely because the offence was non-bailable or cognisable. Instead, the police were directed to provide valid reasons for the arrest and submit these reasons to a magistrate within 24 hours.
This ruling effectively limited the misuse of Section 498A, ensuring that innocent families are protected from unnecessary trauma. By ensuring that arrests are made based on concrete evidence instead of mere assumptions, the Supreme Court sought to balance the protection of genuine victims with the prevention of the abuse of legal provisions.
Domestic Violence on Male Victims and Its Impact
Male victims of domestic violence often endure their suffering in silence, and the consequences on their physical and mental health are severe. The following are some of the significant issues they face:
- Physical Health Problems: Research shows that men who deal with domestic violence are more likely to engage in substance abuse, including smoking, alcohol, and drug use.
They also have higher rates of chronic illnesses such as asthma, sexually transmitted diseases (STDs), and immune system deficiencies. The constant stress and trauma they face can lead to long-term physical disabilities and other health complications.
- Mental Health Struggles: The psychological toll of domestic violence on men is profound. Anxiety, depression, and low self-esteem are common, and many victims report experiencing suicidal thoughts.
This mental strain also affects their work performance and leads to increased social isolation as they withdraw from family and friends.
Although some victims seek psychological support, the lack of adequate legal protection often makes therapy ineffective in the absence of a strong support system.
- Societal Stigma: Indian society often discourages men from admitting they are victims of domestic violence. The stigma related to being a male victim makes men feel ashamed and vulnerable, causing them to suffer in silence.
The lack of societal support, compounded by the absence of adequate legal provisions, leaves men in a position where they feel they have no option but to endure the abuse without seeking help.
Legal Protection for Men Against Domestic Violence in India
India’s legal framework has traditionally focused on protecting female victims of domestic violence through the Protection of Women from Domestic Violence Act of 2005. Unfortunately, this Act doesn’t specifically cater to male victims, leaving men with limited legal recourse.
While men can seek protection under general sections of the Indian Penal Code (IPC) related to assault or criminal intimidation, these provisions are not tailored to the unique circumstances of domestic abuse against men.
There remains a significant gap in India’s legal system when it comes to protecting male victims of domestic violence, which often leaves them vulnerable and without clear avenues for justice.
Role of NGOs and Support Organisations for Male Victims
In the absence of robust legal protections, NGOs and advocacy groups are pivotal in supporting male victims of domestic violence.
Organisations such as the Save Indian Family Foundation (SIFF) and Men Welfare Trust provide a range of services, including helplines, legal assistance, and counselling services which are formulated to meet the specific needs of men facing abuse.
These organisations also work tirelessly to raise awareness about male victimisation, challenge damaging societal stereotypes, and push for policy reforms that would provide equal protection and support for all victims of domestic violence, regardless of gender.
How To Address Domestic Violence Against Men: A Multifaceted Approach
Addressing domestic violence against men requires a comprehensive strategy that incorporates legal, social, and institutional reforms. Below are some key steps to creating a more equitable response:
- Legal Reforms: It is essential to introduce gender-neutral laws that recognise all victims of domestic violence, ensuring that men, like women, receive equal protection and support.
- Awareness Campaigns: Public awareness campaigns are vital to educate society about the reality of male victimisation. These campaigns would help challenge long-standing gender stereotypes and encourage men to report abuse without fear of judgment.
- Support Services for Men: Establish dedicated shelters, counselling centres, and helplines for male victims. These services must be easily accessible and provide tailored support to men facing abuse.
- Training for Law Enforcement: Police and judicial officers must be sensitised to handle cases involving male victims with empathy and seriousness. Proper training would help ensure that male victims receive the same level of attention and support as female victims in cases of domestic violence.
Conclusion
Domestic violence is a pervasive issue that affects both men and women. Recognising and addressing the experiences of male victims is pivotal to building a just and inclusive society.
While significant progress has been made through the efforts of NGOs and growing public awareness, systemic changes are still needed to provide adequate legal protections and support services for men.
At Kaleeyantay Law Firm, our family lawyers in Mumbai are committed to supporting male victims, helping them fight for their rights, and ensuring they receive the justice they deserve.
