ABSTRACT
Domestic violence is traditionally perceived through a gendered lens, often overlooking the possibility of male victimhood. While protective legal frameworks exist for women, there is a glaring gap when it comes to safeguards for men. This paper explores the legal, social, and psychological challenges faced by male victims of domestic violence in India. Citing landmark judgments, NCRB data, media cases, and international comparisons, the study argues for the need to reframe domestic violence laws as gender-neutral. This research draws attention to the systemic denial of male victimhood and the urgent need for constitutional parity and legal reform in India’s domestic violence jurisprudence.
KEYWORDS
Domestic Violence, Male Victims, Gender-Neutral Laws, Section 498A, Legal Reform, Patriarchy
INTRODUCTION
“Marriage is often seen as a dream of companionship and shared goals, but it can sometimes end on a negative note.”, domestic violence as we heard this term we start imagining a male fiercely beating his wife or inflicting pain through mental or emotional ways, a woman whose face has scars of beating and a pale skin, a weak body, despair evident.
In this patriarchal society we never try to imagine or understand that domestic violence could be also the other way around, men can also be the victim of this. Women have become the face of this problem while men are largely ignored having the precognition that men can never be the victim.
In 2022 the court of Virginia had decided the infamous trail between “Johnny Depp and Amber Heard” for the case of defamation and abuse filed by both the parties, the court ruled in favor of Johnny deep and awarded him 10 million dollar in compensatory damages and 5 million in punitive damages. Before the trail even started many people started to believe that deep is the culprit and like always woman was given the face of victim because of which deep suffered in his career and his reputation was tarnished.
In the society men are seen as invincible they cannot be hurt by anything and nevertheless by a women, domestic violence is denoted by a gender that is female, men even if they suffer stay silent as the societal pressure never allows them to speak their masculinity questioned and ridiculed for not being able to control a women or to stand against her and many men do not report violence and abuse due to the absence of gender-neutral laws.
On ground even if some men muster up the courage to come forward and speak about their suffering to the authorities they face mockery, in a report published by “The Quint” the victim speaks about their experiences when they tried to reach out to the police they were threatened or thrashed or ridiculed 33-year-old Jitesh Sachdev said that while he and his wife both approached the police, the cops registered her case but not his. Lokesh Yadav, 33, also narrated a smilar story claimed he was misled into marrying a woman falsely presented as educated. Soon after the wedding, she accused him of abuse and dowry demands, which he denies. When he approached the police, they assumed he was guilty, with one officer even slapping and threatening him to stay with her.[1]
RESEARCH METHODOLOGY
In this research paper, the author has used a doctrinal method by analyzing various legislative provisions of the Protection of Women from Domestic Violence Act, 2005, and relevant sections of the Indian Penal Code, such as Section 498A. Other than that, case studies, case laws, and judicial decisions are also examined to evaluate the systemic biases and legal gaps in addressing male victimhood in domestic violence cases. This study also involves a comparative analysis with international jurisprudence from countries like the USA, UK, and Australia to understand global approaches to gender neutrality in domestic violence laws.
Secondary sources such as academic literature, research papers, statistical reports, articles, books, media cases, and industry surveys are used to analyze the societal, legal, and psychological impacts of domestic violence laws on male victims and the broader implications for constitutional parity.
REVIEW OF LITERATURE
The existing body of literature on domestic violence in India predominantly adopts a gender-specific framework that perceives women as victims and men as perpetrators. While this view aligns with the realities of systemic patriarchy, it fails to address the experiences of male victims, creating a critical gap in legal and social discourse. Although some scholars and legal experts have begun critiquing this imbalance, the understanding of male victimhood remains fragmented and underexplored.
Khurana & Khurana Advocates, in their article “Gender Neutral Laws for Domestic Violence: Need of the Hour,” offer a legal critique of the Protection of Women from Domestic Violence Act, 2005 (PWDVA). They argue that its exclusion of male victims contravenes Articles 14 and 15 of the Indian Constitution, which guarantee equality and prohibit gender-based discrimination. However, their work primarily focuses on doctrinal analysis, lacking engagement with the lived experiences of abused men or real-world case studies.[2]
A blog on Legal Service India highlights the constitutional conflict posed by Section 498A of the Indian Penal Code (IPC) and its potential misuse in marital disputes. While it effectively critiques the absence of remedies for falsely accused men, it does not explore the social, psychological, and institutional barriers male victims encounter when seeking justice. [3]
Similarly, The Amikus Qriae examines judicial activism in domestic violence cases, citing landmark judgments like Arnesh Kumar v. State of Bihar and Rajesh Sharma v. State of UP, which implemented procedural safeguards to prevent misuse of Section 498A. However, even this discussion fails to address the systemic humiliation male complainants face in police stations and courtrooms.[4]
Internationally, nations like the United States, the United Kingdom, and Australia have embraced more gender-neutral approaches to domestic violence. Reports from the UK’s Office for National Statistics, the US Centers for Disease Control and Prevention, and Australia’s Bureau of Statistics reveal that a substantial percentage of men suffer from domestic abuse. Despite this, Indian legal scholarship rarely integrates these comparative insights to advocate for legislative reforms. Although the Supreme Court in Hiral P. Harsora v. Kusum Narottamdas Harsora removed the term “adult male” from Section 2(q) of the DV Act, signaling progress toward gender neutrality, this judgment has not translated into meaningful relief for male victims due to institutional and societal biases.[5]
Media accounts, such as those by The Quint and India Today, have documented cases like Manav Sharma and Atul Subhash, where prolonged legal harassment and emotional abuse led to tragic suicides. While these cases generated public attention, they have not spurred significant academic inquiry into male mental health or institutional failures.
This paper aims to fill this gap by combining legal analysis with real-life narratives, NCRB data, and insights from NGOs like Men Welfare Trust and Daaman Welfare Foundation. By bridging theory and practice, this research provides a multidimensional perspective, expanding the discourse to include male victims of domestic violence—an issue long ignored in both law and society.
A Constitutional Perspective
The protection of women from domestic violence act, 2005 also known as (PWDVA) was introduces to address the issue against women.
Domestic violence, as defined by the Act, refers to any action or behavior that harms a person’s physical or mental health, safety, or well-being. It includes physical, sexual, emotional, verbal, and economic abuse, as well as harassment or threats to demand dowry or property. Essentially, any act that causes harm, endangers, or intimidates an individual or their loved ones can be considered domestic violence under this law.[6]
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.
Article 14 of the Indian constitution guarantees that the state shall not deny any person equality before the law or equal protection of the laws means that all are equal in the eyes of law.
Article 15 states the prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Article 21 states the protection of life and personal liberty , means that no person shall be deprived of his life or personal liberty expect according to the procedure established by law.
Article 15 (3) allows positive discrimination as the State have full authority to make any special provision for women and children, because of this many authorities overlook other articles related to men and overlook the active aggression of women against men , violating the spirit of the constitution .
In the landmark Maneka Gandhi v. Union of India case, the Supreme Court highlighted that the right to life under Article 21 isn’t just about survival but about living with dignity. However, many laws addressing issues like sexual harassment, stalking, and domestic violence remain gender-specific. While much-needed attention has been given to protecting women, deep-rooted patriarchal views have made it difficult for society and the justice system to recognize that men can be victims too.[7]
Landmark Cases on Gender-Neutrality and Misuse
Arnesh Kumar v. State of Bihar (2014)[8]
In the case of Arnesh Kumar, the petitioner faced allegations from his wife under Section 498A of the Indian Penal Code (IPC), which addresses cruelty by a husband or his relatives, and Section 4 of the Dowry Prohibition Act, 1961. Following these accusations, the petitioner was arrested under both provisions. The Supreme Court examined the issue of misuse of Section 498A, noting that arrests were often made based solely on allegations without substantial evidence. The Court emphasized that arrests should not be routine and directed that police officers must establish reasonable satisfaction through proper investigation before detaining any individual.
Rajesh Sharma v. State of Uttar Pradesh (2017)[9]
Rajesh Sharma and his family faced accusations from his wife under Section 498A of the Indian Penal Code (IPC), addressing cruelty by a husband or his relatives, and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The petitioner argued that the allegations were false and driven by malice, highlighting the frequent misuse of Section 498A. Recognizing these concerns, the Supreme Court of India introduced important procedural safeguards to prevent the unwarranted harassment of innocent individuals. The Court’s ruling aimed to ensure a more balanced application of the law.
1. Family Welfare Committees (FWCs):
- Each district should set up a Family Welfare Committee comprising three members, such as paralegal volunteers, social workers, or retired persons.
- Complaints under Section 498A IPC should be referred to these committees for scrutiny before any legal action, including arrests.
- The committee’s report was to be submitted within one month, and no action should be taken by the police until the report was reviewed.
Hiral P. Harsora v. Kusum Narottamdas Harsora (2016)[10]
The Hon’ble Court declared a part of Section 2(a) of the Domestic Violence Act unconstitutional, deeming it violative of Article 14 of the Constitution. Consequently, the phrase “adult male” in Section 2(q) was removed. The High Court noted that with this deletion, the Act now allows any aggrieved person, irrespective of gender, to seek protection under its provisions. However, this also created a loophole, enabling female or non-adult perpetrators of domestic violence to evade accountability, as no legal action could be brought against them. This judgment sought to address and rectify this imbalance.
News Cases of Male Victims
The tragic case of Manav Sharma, a 25-year-old manager at Tata Consultancy Services (TCS), gained widespread attention on social media. On February 24, Sharma died by suicide in Agra, leaving behind a heartfelt video message. In the video, which later went viral, he pleaded for society to acknowledge the struggles of men in abusive relationships. “Please, someone should talk about men. They get extremely lonely,” he urged, highlighting the often-overlooked plight of male victims.[11]
On December 9, 2024, 34-year-old software engineer Atul Subhash tragically died by suicide in his Bengaluru apartment. He left a 24-page suicide note and a detailed video accusing his estranged wife and her family of relentless harassment. Subhash alleged that his wife, mother-in-law, brother-in-law, and uncle filed false charges against him, including murder, domestic violence, dowry harassment, and unnatural sex, while demanding ₹3 crore as a settlement. Following his death, authorities filed an abetment of suicide case under Section 108 of the Bharatiya Nyaya Sanhita (BNS) against the accused. The incident prompted the Supreme Court to raise concerns over the growing misuse of Section 498A IPC in marital disputes. Karnataka’s Home Minister and various opinion pieces also highlighted this case, exposing significant systemic gaps in the legal framework and protections available for men in marital conflicts.[12]
Sachin Shinde, a 36-year-old resident of Pune, faced false allegations of molestation under Section 354 of the Indian Penal Code (IPC) and Section 74 of the Bharatiya Nyaya Sanhita (BNS), filed by his sister-in-law. It took Shinde four years to prove his innocence and have his name cleared. Reflecting on his ordeal, he stated, “Who will give me back my dignity? I lost four years of my life fighting this false case.” Shinde’s case is one among many where men face significant struggles in clearing their names in domestic violence-related legal disputes.[13]
Bolem Srinivasa Rao, a mentally unwell man from Vijayawada, Andhra Pradesh, suffered sustained physical abuse at the hands of his wife. The wife allegedly subjected him to repeated acts of violence, including beating him on sensitive parts of his body. The abuse was reportedly motivated by her desire to claim his pension.[14]
Societal, Psychological, and Legal Challenges Faced by Male Victims
Domestic violence against men remains a largely overlooked issue, with societal and legal frameworks often failing to recognize their plight. Male victims frequently face societal discrimination and stigma, which severely impacts their mental health. Proven innocent or not, many cannot recover damages, and the societal expectation of men as family providers exacerbates their struggles. False complaints, often demanding alimony, have been used to exploit laws like the PWDVA, leaving men with limited legal options.
The justice system often appears biased, with men hesitant to file cases due to the fear of being ridiculed or losing custody of their children, an area predominantly favoring women. Section 498A of the IPC, introduced in 1983 to protect married women from cruelty, does not include provisions for male victims of similar abuse. Furthermore, Section 12 of the PWDVA offers relief such as protection orders and monetary support exclusively for women, reinforcing a legal imbalance.
Society’s perception of men as invulnerable perpetuates stereotypes, labeling women as weak and men as dominant aggressors. While empowering women is essential, neglecting male victims violates their basic rights and fosters inequality.
With societal dynamics shifting and women gaining greater financial independence, instances of legal misuse against men have surfaced. These challenges emphasize the urgent need for reforms to address male victimhood and create an equitable legal framework that acknowledges and protects victims of all genders, ensuring justice and dignity for everyone.
NCRB and Survey Data on Domestic Violence against Men
NCRB “Crime India Report” 2012 :-
- 93.6% of cases filed under Section 498A of the IPC resulted in chargesheets, but only 15% led to convictions.
- 6% of all arrests under the IPC were related to Section 498A.
- One-fourth of the individuals arrested under Section 498A were women.
A survey of 1,000 married men aged 21 to 49 in rural Haryana and NCR found that 52.4% experienced gender-based violence. Among them, 51.5% reported abuse or torture by their spouses or intimate partners. In 2018, the NCRB highlighted that over 100 children were sexually abused daily in India, though crimes against men, including male sexual abuse, are often ignored. Emotional abuse was the most common form of domestic violence against men (51.6%), followed by physical abuse (6%).[15]
International Comparisons
Domestic violence affects men across the globe, yet its recognition and legal frameworks vary significantly between countries. In the United States, one in nine men experiences domestic abuse from their spouse or intimate partner, and one in seven has been physically abused. Statutory provisions such as the Violence Against Women Act (VAWA) include protections for male victims through gender-neutral language, though the focus often remains on women.
In the United Kingdom, men represent two out of every five domestic abuse victims. The Domestic Abuse Act 2021 explicitly recognizes abuse against all genders, offering support and legal recourse for male victims. This statute marks a significant step in creating inclusive protections and addressing the often-overlooked issue of male victimhood.
In Australia, one in sixteen men aged 15 and above has suffered domestic violence, including physical or sexual abuse, by a partner or cohabitant. The Family Law Act 1975 and amendments to domestic violence laws have incorporated gender-neutral terminology, enabling men to access protective measures. Support systems like Men’s Referral Service provide targeted resources for male survivors. The report 2002 by World Health Organization, women think of committing suicide more often than men while men die of suicides more frequently. [16]
NGO Interventions and Support Systems
Organizations like the Save Indian Family Movement, Daaman Welfare Trust, Men Welfare Trust, and Vaastav Foundation play a vital role in supporting men who are victims of domestic violence or falsely accused in such cases. These NGOs provide legal aid, counseling, and advocacy for affected men.[17]
Under Sections 200 and 153(3) of the Criminal Procedure Code (CrPC), husbands can approach district magistrates to file complaints. The Indian Penal Code (IPC) also offers remedies for male victims through various provisions: Section 319 addresses bodily harm, Section 320 covers grievous hurt, Section 323 pertains to voluntarily causing hurt, and Section 193 deals with false evidence. Additionally, Sections 167 and 182 allow action against police officers who refuse to register complaints or support false allegations. Section 120B enables husbands to claim criminal conspiracy, implicating others involved in filing false accusations. These provisions, alongside NGO support, aim to address the challenges faced by male victims of domestic violence.[18]
SUGGESTIONS
- Amend Gender-Specific Laws: The Protection of Women from Domestic Violence Act, 2005 should be revisited to make it gender-neutral. The exclusion of men as victims creates legal asymmetry and ignores the lived experiences of many male sufferers.
- Recognize Male Victimhood in Policy and Policing: Law enforcement must be sensitized to treat complaints by men with equal seriousness. Incidents where men are mocked, dismissed, or even assaulted at police stations need to be addressed through accountability and training.
- Institutionalize Relief for Men: Legal provisions for shelter homes, protection orders, and compensation—currently reserved for women—must be extended to male victims of domestic violence.
- Prevent Misuse of Legal Provisions: Section 498A IPC has often been misused, as shown in cases like Arnesh Kumar and Rajesh Sharma. Mandatory pre-investigation mechanisms such as Family Welfare Committees should be revived and strengthened to avoid false arrests.
- Create Dedicated Support Systems: NGOs like Men Welfare Trust and Daaman Welfare Foundation play a critical role. The government should fund and promote such initiatives to provide counseling, legal aid, and crisis intervention services to men.
CONCLUSION
Domestic violence laws in India have played a vital role in protecting vulnerable women from abuse, but they now need to evolve with the times. In a rapidly changing society where economic and social roles are shifting, it is imperative to acknowledge that men too can be victims of domestic abuse. The existing legal framework, however, does not provide them with equal protection or relief, often leading to false accusations, mental trauma, and irreversible reputational damage.
Cases like those of Manav Sharma, Atul Subhash, and Sachin Shinde demonstrate the devastating impact of gender-biased laws and the lack of institutional empathy for male victims. Despite their innocence, many men endure social stigma, legal harassment, and emotional suffering without recourse to justice. Laws like PWDVA, 2005 and Section 498A IPC, although necessary in their inception, must now be reformed to reflect gender-neutral protections. Without constitutional balance, the justice system risks violating Articles 14, 15, and 21—thereby perpetuates inequality under the guise of protection.
SADIYA
ALIGARH MUSLIM UNIVERSITY
[1] The Quint, “Domestic Violence Against Men,” (Nov. 19, 2018), https://share.google/tBz7Pw0J7q7gtY4xp (last visited June 19, 2025).
[2] Khurana & Khurana Advocates, Beyond Boundaries: Forging Gender-Neutral Laws Against Domestic Violence in India, Khurana and Khurana (Oct. 15, 2022), available at https://www.khuranaandkhurana.com/beyond-boundaries-forging-gender-neutral-laws-against-domestic-violence-in-india/.(last visited June 19, 2025).
[3] Section 498A IPC: Unraveling Misuse and Relevant Case Laws, Legal Service India, available at https://www.legalserviceindia.com/legal/article-12725-section-498a-ipc-unraveling-misuse-and-relevant-case-laws.html.(last visited June 19, 2025).
[4] The Need of Rewiring the Concept of Domestic Violence with Special Emphasis on Violence Inflicted on Women, The Amikus Qriae, available at https://theamikusqriae.com/the-need-of-rewiring-the-concept-of-domestic-violence-with-special-emphasis-on-violence-inflicted-on-women/.(last visited June 19, 2025).
[5] Meher, A. & Vaidya, K., Towards Gender-Neutral Laws: Addressing Biases in the Indian Legal Framework, Int’l J.L. Legal Res. (IJLLR), available at https://www.ijllr.com/post/towards-gender-neutral-laws-addressing-biases-in-the-indian-legal-framework..(last visited June 19, 2025).
[6] Protection of Women from Domestic Violence Act, 2005, § 3, No. 43, Acts of Parliament, 2005 (India).
[7] Aarya Dubey, “Domestic Violence Against Men in India: A Constitutional Analysis,” ILE Family & Private Law Rev. 3(1), 34-42 (2025).
[8] Arnesh Kumar v. State of Bihar, AIR 2014 SC 2756
[9] Rajesh Sharma v. State of Uttar Pradesh, (2017) 10 SCC 709.
[10] Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165.
[11] “Domestic Violence Against Men: A Bengaluru Engineer’s Tragic Story,” Two Circles (Apr. 7, 2025), available at https://twocircles.net/2025apr07/451837.html.
[12] Business Standard, “SC Flags Misuse of Cruelty Laws Amid Bengaluru Techie’s Death by Suicide,” (Dec. 11, 2024), https://www.business-standard.com/india-news/sc-flags-misuse-of-cruelty-laws-amid-bengaluru-techie-s-death-by-suicide-124121100590
[13] “International Men’s Day: A Look at Male Victims of Domestic Violence in India,” The Quint (Nov. 19, 2018), available at https://share.google/tBz7Pw0J7q7gtY4xp (last visited June 19, 2025).
[14] Times of India, ‘Mentally unwell’ man dies due to wife’s assault (June 19, 2025), https://timesofindia.indiatimes.com/city/vijayawada/mentally-unwell-man-dies-due-to-wifes-assault/articleshow/121890371.cms.
[15] OneWorldNews Team, Domestic and Sexual Violence Against Men in India (Aug. 16, 2022), available at https://www.oneworldnews.com/lifestyle/domestic-sexual-violence/ (last visited June 19, 2025).
[16] Aditya Pandey, “9 Eye-Opening Statistics About Domestic Violence Against Indian Men,” MensXP (June 2, 2022; updated Nov. 30, 2023), https://www.mensxp.com/special-features/features/108932-domestic-violence-cases-on-indian-men-facts-and-statistics.html (last visited June 19, 2025).
[17] Daaman.org, The Issue of Domestic Violence Against Men in India, DAAMAN (Apr. 11, 2023), https://www.daaman.org/post/the-issue-of-domestic-violence-against-men-in-india(last visited June 19, 2025).
[18] Jusscriptum Law, The Critical Analysis on Domestic Violence Against Men in India, JUSSCRIPTUM LAW BLOG (Jun. 20, 2025, 10:30 AM), https://www.jusscriptumlaw.com/post/the-critical-analysis-on-domestic-violence-against-men-in-india.