by Khalid Altaf Sherwani
The lack of gender-neutral provisions in these laws leaves men vulnerable to false accusations. Such allegations can have life-altering consequences, with men often presumed guilty before any investigation.
The presumption of innocence is a cornerstone of criminal justice, but it is often turned on its head when a woman accuses a man of a crime. In such cases, the accused is frequently assumed guilty until proven innocent. Subash Atul, a Bangalore-based AI engineer, fell victim to this very phenomenon. His life was left in tatters after his wife levied false accusations against him. His only perceived “crime” was being a man in a society where laws can be skewed against men.
Atul’s ordeal became so unbearable that he contemplated taking his own life. He sought help from law enforcement but found himself at a dead end. It seemed the system was stacked against him solely because of his gender.
The Indian Constitution’s Article 14 guarantees equality before the law, stating: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” This provision asserts that everyone is equal before the law, regardless of religion, language, caste, or sex.
However, certain Indian laws are gender-biased, affording disproportionate protection to one gender over the other. While it is essential to safeguard vulnerable groups, such as women, children, and people with disabilities, it is equally important to acknowledge that men can also fall victim to violence and injustice.
The law should provide equal protection to all citizens, ensuring fairness for both genders. Unfortunately, laws such as the Domestic Violence Act and Dowry Prohibition Act have created an environment in which men are increasingly vulnerable to exploitation. Accusations are often accepted without scrutiny, undermining the principle of equality.
The Domestic Violence Act of 2005 is a prime example of this bias. Traditional Indian gender stereotypes portray women as gentle and modest, while men are seen as strong and commanding. This perpetuates the notion that women are incapable of committing violence against men.
A study in Haryana surveyed 1,000 married men aged 21-49, revealing startling statistics. Over 52 per cent of respondents reported experiencing gender-based violence, with 51.5 per cent having suffered violence from their intimate partners at least once. Emotional violence was common, often preceding physical violence. In one in ten cases, physical violence was severe.
Factors contributing to the violence included low family income, unemployment, alcohol abuse, anger issues, and ego problems. The study challenges the deeply ingrained assumption that men cannot be victims of domestic violence, a notion rooted in India’s patriarchal society.
A critical issue arises: where can men turn for help when they fall victim to domestic violence? While women are protected by specific laws, men often find themselves without recourse.
The tragic case of Subash Atul exemplifies this lack of support. Driven to suicide by the absence of legal protection, his story serves as a stark reminder that society has failed to safeguard men.
This issue extends beyond domestic violence. Laws such as the Dowry Prohibition Act, Domestic Violence Act, POSH Act, rape laws, and child custody laws are susceptible to misuse. The National Crime Records Bureau reported alarming figures in 2022: 9.69 per cent of rape cases and 15.23 per cent of attempted rape cases were false.
Indian courts have repeatedly acknowledged the misuse of gender-biased laws. In the case of Dara Lakshmi and Others v. State of Telangana, the Supreme Court noted that Section 498A is often exploited by wives to make unreasonable demands or settle personal scores. Similarly, in Manoj Kumar Arya v. State of Uttarakhand, the court recognized the increasing misuse of Section 376 by women in disputes with their male partners.
The lack of gender-neutral provisions in these laws leaves men vulnerable to false accusations. Such allegations can have life-altering consequences, with men often presumed guilty before any investigation.
The repercussions of false accusations can be severe. Even if the allegations are later proven false, the damage is often irreversible. This includes social stigma, financial loss, emotional distress, and damage to one’s reputation. The consequences extend beyond the individual, affecting the entire family, including children caught during legal battles.
To uphold the principles of equality and justice enshrined in the Indian Constitution, it is essential to make laws gender-neutral. Acknowledging that men, too, can be victims of domestic violence, emotional abuse, and false allegations is crucial. The time has come for justice to be served equally to all citizens, regardless of gender.
(The author is a final–year law student. Ideas are personal.)
