ACKNOWLEDGEMENT
I am extremely grateful for the kind, authentic and immense support and thoughtful
finding which I received from my supervisor Dr. Karma D. Denzongpa, Assistant Professor,
Sikkim Government Law College. His knowledge and experience in legal studies and his
constant encouragement was the true motivation to complete this term paper. He is my
mentor and whose inspiration guided me to reach my goal and as a result I got the final
outcome.
I further acknowledge the kind cooperation from our College Library for providing
me the required books and materials.
Lastly, I would like to put forward my gratitude to my parents without whose
tremendous support and encouragement this term paper would not have been possible.
i
ABSTRACT
We all are well aware of the causes and the effects women have to face when they
become a substitute for punching bags for people around them. The notion of ‘Domestic
Violence’ very well comes into conversations because of the injustice women have to survive.
But that doesn't negate the fact that men, at times, are the survivors of domestic violence too.
The preconceived stigma that considers men being strong enough and not having the liberty
to show their grief, tears, and pain has destroyed many minds, broken many hearts, and
tormented the souls of countless men in the world. Even if men have tried to express their
grief, they have been shunned for acting as perfeminine characteristics. Why? Aren't males,
humans? Why don't men have the freedom to talk about their pain and fight for justice
against somebody of another gender? Domestic violence is defined as violent or aggressive
behaviour that occurs within the house, usually involving the abuse of a spouse or partner.
It's when someone commits violence against someone in his or her immediate family. In
India, domestic violence became a criminal offence in 1983. The offence is punishable under
the Penal Code, 1860 section 498A.
This term paper aims to highlight the unseen, untold, unreported, and untouched
matters in Indian Society. This article is trying to focus on the violence against men in our
county and the fact that there are no legal rights or laws made in the name of a man. It also
aims to explore and identify the probable reasons and effects of under reported violence
against them. The appeal to have gender equal laws in India, besides developing the mindset
of the people around while bringing awareness that men have been facing violence too and
have been gone unnoticed, with no justice to them in hand.
KEYWORDS: violence, society, awareness, domestic violence, abuser, emotional
vulnerability, social stigma.
ii
TABLE OF CONTENTS
Acknowledgement………………………………………………………………...…....i
Abstract………………………………………………………………...….... ………...ii
Table of Contents………………………………………………………………...….... iii
Chapter-1: INTRODUCTION………...………………………………………….…...1
Chapter-2: STATISTICS OF INCREASE IN VIOLENCE…...….…….......................2
Chapter-3: TYPES OF VIOLENCE …………………….............................................3
Chapter-4: VIOLENCE AGAINST MEN IN MODERN INDIA …………….………4
Chapter-5: FACET OF VIOLENCE AGAINST MEN…………………….................5-6
Chapter-6: CAUSES OF FOR UNDERREPORTING …………….……...................7-8
Chapter-7: THE REPERCUSSIONS OF VIOLENCE AGAINST MEN …………….9
Chapter-8: LEGAL ISSUES MEN FACE AND OTHER LAWS IN FAVOR OF
WOMEN………………………………………………………………………………10
Chapter-9: LAWS AT THE DISADVANTAGE OF MEN…………………….............11
Chapter-10: NECESSITY OF GENDER-NEUTRAL LAWS…………….…………..12
Chapter-11: CONCLUSION……………………………………………………...……13
REFRENCE………………………………………………………………….....……...14
iii
CHAPTER-1
INTRODUCTION
The term violence cannot describe what several people have been through. The term
“violence” does not have a one end description, violence in the Indian society and the Indian
legal society only focuses on a woman, but has rather stopped thinking that the society is
changing and so are the people living in it. Women and men for a long time have changed.
The violence that has been stuck in the minds of many is “domestic violence” which if you
look around; you will agree that women are not the only victims of crimes like these. In fact,
there are various women who commit these crimes who are involved in them and do nothing.
Physical, mental, sexual, emotional, and domestic abuses happen with men as well and go
unnoticed due to the famous stereotype, that only men are the dominant ones, the ones who
hurt, which stops them to report it, yet there too it is not taken seriously and is made fun off.
It has been served and it has come to notice the increase in domestic violence against men.
Courts and legal authorities deny this fact and the courts predict that it's a false allegation,
that this has been yet setup against women. This article aims to explore the recent scenarios,
underrated reports, legal provisions, and reasoning for the cause of the unreported cases and
the cause of unresolved cases.
It is very uncommon in India and the world to hear from a man about the abuse he has
faced. It is highly likely that men hardly face any abuse but it doesn't mean that they don't
face it all. In a world where every day the news reports are flooded with women having to
suffer from domestic violence, certain other sufferers who have been the victim of the same
and are men, sideline themselves with the fear of being a topic of either ridicule or with the
fear of being the limelight of a controversial case. Before throwing light on the reasons men
hesitate in reporting abuse.
1
CHAPTER-2
STATISTICS OF INCREASE IN VIOLENCE
The general spousal and intimate partner violence has increased up to 51.5% in the
latest Indian study, which was acknowledged to be the highest of domestic abuse in Pakistan,
the USA, Canada, and the UK. Which has comparatively very less than India. Within the last
12 months 10.5% at least once in a lifetime. According to the National Family Health Survey,
2004 violence is not always imposed by women on men but also by the spouses' relatives on
the man. Taking into consideration that an estimate of almost 3 crore men are dealing with the
issue of domestic violence, emotional, and mental violence in India. In a study, it was
concluded by the survey mentioned earlier and by the Save Family Foundation (Delhi), that
1650 men who were interviewed stated that the women have been more abusive and
dominating. The upper middle class and middle class have been surveyed to be facing
violence more than once in their lives. 98% of the surveyed defendants have suffered through
the various forms of domestic violence. Though, physically aggressive behavior has always
been higher among women; gender symmetry has no take in India for physical violence.1
1
Dr. Navpreet Kaur, Dr. Shobha Gulati, DOMESTIC VIOLENCE AGAINST MEN IN INDIA: A CRITICAL
ANALYSIS WITH SPECIAL REFERENCE TO INDIAN LAWS, South India Journal of Social Sciences,
March'24, Vol. 22 - No. 1
2
CHAPTER-3
TYPES OF VIOLENCE
Violence can be defined in various ways. There is physical violence, domestic
violence, psychological violence, and sexual violence/abuse.2
1. Domestic Voilence: The most famous type of violence heard from every other
person due to the extinction of seriousness of this crime is domestic violence. Most
commonly recognized, has a genuinely concerning effect on one's life. In every way possible
it creates a barrier for the person suffering it, including physical, mental, emotional, and
psychological. This is a basic violation of human rights.
2. Sexual violence/Abuse: This has unrecognizably been happening and yet nobody
knows or validates it. Situations, where women have been forcing their selves upon men or
men, have been forcing themselves upon other men, not sexually every time, but also
sexually harassed have always been gone unreported.
3. Physical Violence: This term actually speaks mostly for itself, the physically
hurting here in this case to a man by his spouse or his parents, relatives by the way of action
and intention of harming him bodily. There have been cases seen where these men are being
thrown objects at. The most basic and general form of physical violence is slapping which
has been at 98.3%, rating it the highest and making it the most common form of physical
violence, while the least common at 3.3% by weaponry injury. While one in the tenth of the
cases, physical assaults were severe.
4. Psychological Violence: The emotional, and mental abuse as giving constant
threats to the man for false allegations, and threatening him to report it to the police and her
parents and them further taking an unwanted action for a crime he did not commit. The
Indian Constitution support women and have no specific laws for a man, which has them
even more stressed to a point that they cannot share it with anyone or report it as people don't
tend to trust these men, even while filing a report.
The report according to a survey shows 85% were critics based, 29.7% were the ones
who were morally let down and insulted by the public at large, and 3.5% were actually
threatened or hurt.
2
Indira Jaising, Monica Sakhrani, Law of Domestic Violence 14-15 (Universal Law Publishing, Delhi, Second
Edition-2007).
3
CHAPTER-4
VIOLENCE AGAINST MEN IN MODERN INDIA
Be it at home or workplace pressure is a stagnant part of a man's life. The pressure
men face, of serving their parents, relatives, and siblings, providing the basic necessities of
life with extra luxurious items, and using that man as an ATM card the pressure of having his
own future life settled, having his wife be given a good life ahead, even if she is working,
without thinking twice shows the amount of work he does for his loved ones and all we see is
the negative parts. Men too have to do things where they have to do things to avoid
punishments or get a promotion and get involved in sexual activities by the way of force.
False accusations of rape, demanding dowry, violence, harassment, molestation, and abuse.
False complaints against men have been reported by women. While women's victimization
has come to a mid of a game now and should be looked upon as earlier as possible, for the
equal gender rights promised by our constitution and so that the constitution is not violated.
Women have been threatening men to falsely accuse them as they for a while now have been
portrayed as the weaker section in the society and having all the legal authorities lined up to
their rescue.
Since, it is a legal and societal tradition to favor women, which is now hampering the
men who are innocent. There have been cases under section 498A that which false dowry
cases have been filed and the courts have too expressed this during proceedings.
4
CHAPTER-5
FACET OF VIOLENCE AGAINST MEN
The domiciliary environment can be one of the reasons for violence against men 3
1. Anthropological
Studies show that the causes of violence against men can include the domestic
nature of the environment too. Less income, nuclear family setup or a joint family
setup, not much education, and alcohol influence can increase the risks too. Two-way,
physical violence between both the earning spouses has also come into notice. It has
been observed that both the spouses with an equal amount of education or either less
amount of education lead to a differential conflict of minds and both the spouses get
physically violent against each other.
2. Subliminal
It is nothing new that we have working, educated, literate women in the modern
world. Women too go to workplaces and have their own stress to deal with, which
includes the pressure of getting to a position at work and not being able to achieve it,
and the amount of work load the financial restrictions due to husbands' low income
lead to having an abusive and violent relationship with the husband. What women
have seen since childhood may be a traumatic experience, leading them to be in the
same mindset and have the same possible thinking as she has experienced and thus
causing an unnecessary negative environment. Even we see in the other context the
women who have had a really flourishing, luxurious lifestyle and end up even at a
little bit different position than earlier leads them to have irrational thinking and
behavior to the person they believe is the reason behind the unnatural cause.
The foremost reason for an abuser using his potential power for abusing his/her
spouse is the identification of the person as an object in his/her mindset. The person
being abused is no longer a ‘human’ to him/her and even if he/she is, they deserve to
be a punching bag for the relief of the anger of the abuser. Reasons for the cause of
abuse:
3
N, S. S. (2022). A CRITICAL ANALYSIS OF DOMESTIC VIOLENCE AGAINST MEN IN INDIA AND
THE ROLE OF GENDER BIASED LAWS IN IT. INTERNATIONAL JOURNAL FOR LEGAL RESEARCH
AND ANALYSIS, 1-15.
5
• Emotional Vulnerability: Many people are not well versed in the way they need
to express their thoughts to their husband or wife. The feeling of being afraid and not
being considered ‘weak’ haunts them and thus they use force to express their pain and
sorrow.
• Low Self-Esteem: A lot of people are sensitive to criticism and insecure about
the bond their spouse shares with other people. This very trait suffocates them with
the fear of being left out and fills them with frustration that results in anger towards
the other spouse.
• Monetary requirements: This could be related to the criminal offence of dowry.
People usually marry the other person for monetary benefits they would be able to
avail of and later live on with the benefit of their spouse's status symbol. When this
desire doesn't seem to be fulfilled after the onset of marriage, they abuse either
verbally or through acts of violence.
There are many more reasons that instigate anger and provoke a person towards
abusing their better half; the one they have vowed to take the best care of. Ironic but
that's how the situation becomes when the level of frustration and insecurities has an
increment. These reasons aren't gender specific, they can be inculcated within
anybody and everybody; Men or Women.
6
CHAPTER-6
CAUSES OF FOR UNDERREPORTING
Apart from the infamous reason of ‘I am strong enough to gulp the pain and not let
anybody know’, there are various many that society has nourished in the mind of a man.
Social Stigma - The stereotype of not giving emotional support to a man and him
being unable to ask for it plays a crucial role in harming the condition of a victim that is man.
They fear being trapped in a ‘taboo’ and hesitate to report the injustice due to ‘what the
society would say, forgetting that they themselves are a part of the society and what they
think would eventually be what the ones around them believe.
Being Titled - Nobody dislikes being accoladed with a title that would bring them
fame but who would like being titled ‘fake’ and being called out for doing something that
society does not consider ‘probable’. Men fear being titled differently for the worse. They
fear being titled for something they couldn't control and eventually had to become a victim
of.
Lack of empathy - The world has men's power in dominance but the dominance of
crime is unfortunately in regards to women. Men victims of domestic violence fear the lack
of support and empathy. They believe that they will have to ask for it and not have it
unconditionally. The fright of speaking out the truth and then taking the responsibility of
constantly proving it right burdens men down from revealing the absurdity they face.
After effects - In cases of crime, before reporting the case, the victim is made to pre-
assess all the effects that would eventually unfold. The societal pressure and the denial haunt
men and they live in dread with the fear of being labelled as someone who had to bear the
anger of a woman (mostly). The thought of after effects are so huge that they diminish the
minuscule power of reporting a case.
There are social as well as legal reasons for the under reporting of violence against
men. In a male dominant society, men have been thought that they are the strong ones, may it
be emotionally or physically, or mentally, which makes it obvious why men feel ashamed to
be beaten up by a woman and think it is going to harm their family's reputation, hence
making it obvious for them to not report the violence. The coercion and persuasion used by
the family also prevent them from taking any action. While this is the reason the main reason
here highlights that the family and the men who have been a victim of violence also get
7
scared of false accusations under section 498A. Men who report domestic abuse, face this
standard issue that any man would face if he said it, people do not believe them of being the
victim of violence.
Men are ashamed of talking this out and sharing their experiences. It is a foreseeable
reason for under reporting that could also include those men who keep utmost believe and
trust that things might actually end up well for them with their situation or with their spouses.
The predictable cause yet could be the fear of losing one's self-respect, position, love, and
protection with the fear of getting blamed and being the false accused. Also, there is the very
nature of the Indian society to call out other men's feminine nature in the perceived male
dominant society.
These reasons indicate the societal conditioning of men. Strength doesn't lie in how
bravely we gulp the pain, it lies in how we deal with the pain and the considered way out
through pain lies in speaking about it, accepting it, making people aware of it, and helping the
ones who are unable to process it.
8
CHAPTER-7
THE REPERCUSSIONS OF VIOLENCE AGAINST MEN
Violence affects any person's life negatively. The person does not remain the same
and hasa very different state be it emotionally, mentally, or physically. This has adverse
effects in the Indian society leading to non-acceptance of the relations with your family and
close ones, denial in acceptance of life, depression, stress, anxiety, fear, and suicide in
extreme cases.
According to the research by WHO, exposure to violence increases the chance of men
indulging in smoking, alcoholism, drugs, mental illness, suicidal thoughts, and chronic
disease and social problems. The men who get harassed at the workplace have no one to talk
to about their situation and who they are being forced into, causing them anxiety and other
mental and self-doubtable issues. Gender paradox, which is the women who think of
committing suicide more often by actually the men die out of suicide more frequently known
in the society. Making it very undesirable to work anywhere and give up on life or relations.
Men are harassing men when they should be the ones helping each other.4
4
Shalini Shivajirao Ghumare, D. P. (2021). Domestic Violence - A curse to a Man in a maledominated society.
International Journal of Creative Research Thoughts , 754- 760.
9
CHAPTER-8
LEGAL ISSUES MEN FACE AND OTHER LAWS IN FAVOR OF
WOMEN
In the face of the knowledge gained, there are no laws governing men and nothing as
such is yet to be formed by the legislation. Take for instance domestic violence, this law also
is stated for the control of domestic violence with women as victims. Adultery as legal
legislation considers man as the offender and the wrongdoer. Noticing bluntly one could
notice there are no laws in the name of men or gender-neutral laws we talk about them here.
In fact, there is no law in which a man who has been a victim of violence can complain about
his in-laws or his wife.5
Looking forth at Divorce and Child Custody laws, a woman is looked upon more
willingly and empathetically while also being considered the victim. Times have changed and
so do the laws have to be. Some fathers love their children but, lose them solely to their
mother because the law states so. Moving on, if your eye on the Maintenance laws, where
numerous false allegations are put up against men of marital rape and sexual harassment.
Anti-dowry Laws, Dowry Prohibition Act, and section 498A6 passed by the Supreme Court
of India already show the concern relating to Legal Terrorism in the way that there are
misuses of section 498A and thus therefore the necessary changes that are to be made by the
parliament.
There is no doubt that what society believes becomes a custom and the custom
transforms into a law. Society since time immemorial has believed that men only have the
power of dominating and not being dominated. Sadly, this belief has been taken up as a
challenge by many men and they have successfully harmed many people with the same belief.
5
Thakur, M. S. (2020, Ocotober 22). Domestic Violence Against Men and Women in India: Why Blame Only
Us If You Can Do It Too? ,available at: https:// www.legalbites.in/domestic-violence-against-men/, (Last visited
on April 29, 2024 at 6:30 pm)
6
The Indian Penal Code, 1860, s. 498A
10
CHAPTER-9
LAWS AT THE DISADVANTAGE OF MEN
Adultery: A mishap is done by both men and women but the blame solely goes on to
the man. This is wrong on many levels as a woman is seen as an object and a man as an
abuser when whatever happened, did so with consent.
Dowry: The law for dowry is in major lines towards favouring women. Rightfully so,
as in India women are beaten up and traumatized often for more and more dowry but that
doesn't mean men never face the backlash of failing to get dowry or give dowry.
Maintenance: After a divorce, even if the woman is earning, the husband is made to
pay alimony and maintenance to his wife and not the other way round (usually). Child
custody: A woman because of her being a mother, looked more sympathetically at the time of
a divorce and the father, the man has to bear with the yearning to be with his/her child.
There are many unheard disadvantages faced by men in India and around the world
due to them being unsaid and coming to the notice of the common people, the legislature, and
the judiciary. The solution to this stigma can only be resolved with acceptance, support, and
belief in the justice system which is built only on the basis of how society works and
progresses. It is also our responsibility to help men deal with the problems that we as a
society burden them with.7
7
Rakesh Choudhary, M. K. (2019). Domestic Violence Against Women's in India A Study. PANACEA
International Research Journal, 49-55.
11
CHAPTER-10
NECESSITY OF GENDER-NEUTRAL LAWS
There are cases that we have up until now have noticed, where men have been falsely
accused of violence and dowry, in these cases a law that can in script these false allegations
are the basic need. Human rights and gender equality should include both men and women,
this article is not looking forward to describing men as the sole victim but the ways where
men are being treated wrongfully and have not been given justice which has caused them tons
of damage be it emotional, economic, reputation loss. Domestic violence should be
considered spousal violence and not be differentiated if it's a man or a woman. Studies have
shown that men are also victims of violence and hence necessary amendments be made.
12
CHAPTER-11
CONCLUSION
Society has changed; we cannot expect the same old laws to apply toa society that has
changed. Various other laws have been amended time beingly but not these. Men also get
assaulted, harassed, and violated. Therefore, the change in society should lead to a change in
the legislation. The laws should further include men in the clauses they have not been
indulged in. We are the pillars of society. We which include all of us, not woman, not man,
but all of us, and hence laws are to be provided for the protection of both.
The world is constantly evolving in terms of thoughts and technology. It is time that
we pay equal amounts of adherence to the basic norms and the way these norms and beliefs
have been structuring our society. Justice to men is equally important as justice to women and
all the other genders. It is high time for us to ask for the formulation of laws in accordance
with justice for all genders. The problems faced by all the other genders must be
acknowledged as a social and public problem, with proper measures and solutions put in
place. Law is equal for all and law has the responsibility of equally paying back to all.
Henceforth, people need to come out in support of the laws being formulated in favour of all
genders and the legislature should rightfully draft the needful.
13
REFERENCES
Books Referred:
1. Indira Jaising, Monica Sakhrani, Law of Domestic Violence (Universal Law
Publishing, Delhi, Second Edition-2007).
Statutes Referred/Rules/Laws:
1. The Indian Penal Code, 1860 (Act No. 45 of 1860).
Articles Referred:
1. N, S. S. (2022). A CRITICAL ANALYSIS OF DOMESTIC VIOLENCE AGAINST
MEN IN INDIA AND THE ROLE OF GENDER BIASED LAWS IN IT.
INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS, 1-15.
2. Dr. Navpreet Kaur, Dr. Shobha Gulati, DOMESTIC VIOLENCE AGAINST MEN IN
INDIA: A CRITICAL ANALYSIS WITH SPECIAL REFERENCE TO INDIAN LAWS,
South India Journal of Social Sciences, March'24, Vol. 22 - No. 1
3. Rakesh Choudhary, M. K. (2019). Domestic Violence Against Women's in India A
Study. PANACEA International Research Journal, 49-55.
4. Shalini Shivajirao Ghumare, D. P. (2021). Domestic Violence - A curse to a Man in a
maledominated society. International Journal of Creative Research Thoughts , 754-
760.
5. Patel, M. (2022). Domestic Violence Against Men in India. Jus Corpus Law Journal.
Websites Referred:
1. Thakur, M. S. (2020, Ocotober 22). Domestic Violence Against Men and Women in
India: Why Blame Only Us If You Can Do It Too? ,available at: https://
www.legalbites.in/domestic-violence-against-men/, (Last visited on April 29, 2024
at 6:30 pm)
14
