TITLE: Lack of Legal Protection for Men in India against Marital Cruelty
ABSTRACT
Marital cruelty directed at men is a growing concern in discussions about justice.
This research thoroughly looks at the lack of legal protection for men in India when they face cruelty in marriage. Unlike women, who have specific protections under Section 498A of the Indian Penal Code, 1860, men do not have similar legal provisions. This male-focused issue leads to biased justice, leaving men without support or recognition for their pain. This study highlights the rise in marital abuse and misuse of laws that protect women only. It calls for fair and balanced laws that treat both genders equally in marital relationships. This research concludes that justice should not depend on gender when it comes to domestic cruelty.
KEYWORDS
Marital Cruelty against Men, Domestic Violence, Section 498A of the IPC, Gender-Neutral Laws, Judicial Discrimination, Gender-biased, Male Victims.
INTRODUCTION
Traditionally, domestic violence has been viewed as something that only affects women, with men seen as the ones who commit it.
Marital cruelty against men is often ignored by society and the legal system. It is important to recognize that men can also be victims of abuse in marriage. Although women can benefit from Section 498A of the Indian Penal Code, men have no legal protection even though they are entitled to Fundamental Rights outlined in the Indian Constitution, such as the Right to Equality (Article 14) and the Right to Life and Personal Liberty (Article 21).
In recent years, the Indian legal system has concentrated on protecting women from domestic violence and marital cruelty.
Laws like Section 498A of the Indian Penal Code and the Protection of Women from Domestic Violence Act, 2005, offer critical support to women who face abuse. However, these laws are specifically designed for women, leaving men out, even though they can be victims too.
Marital cruelty typically focuses on protecting women.
There is a common belief that men are not victims because they are seen as stronger and capable of protecting themselves.
Objective: The main goal of this study is to look into the legal aspects of marital cruelty against men and the available remedies for them.
The research aims to examine the absence of legal protections for men and to suggest necessary legal reforms and support. By reviewing reports, case studies, and laws, we assess the problems men face when trying to seek justice or support after experiencing abuse, which can include physical, emotional, and sexual harm from their spouse or her family. The specific objectives of this study are:
- To examine existing Indian laws related to marital cruelty and domestic violence, especially Section 498A of the Indian Penal Code.
- To identify and analyze the gaps in the current system that leave men without protection.
- To look into real-life cases and experiences of men who have faced emotional, psychological, financial, or physical abuse.
- To evaluate the social stigma and difficulties male victims face when seeking help or justice.
- To compare the Indian legal system with international laws that are gender-neutral in their approach to marital cruelty.
- To assess how existing laws are misused and their effects on men and their families.
- To suggest legal, policy, and institutional reforms to ensure equal protection and justice for all victims, regardless of gender.
By conducting this detailed analysis, we aim to raise awareness and encourage more research.
We will now look at some important terms mentioned in this report for better understanding.
Cruelty: Under the Hindu Marriage Act, 1955, Section 13(1) (ia): This is a ground for divorce.
It means “the respondent has treated the petitioner with cruelty. ” Cruelty includes any behaviour that is inhuman, harsh, or abusive and causes mental or physical suffering. It may also involve false accusations.
Domestic Violence: This is harmful behavior within a relationship aimed at controlling the partner through physical harm, emotional manipulation, sexual abuse, or financial exploitation.
Gender-Biased: This means showing unfair preference for one gender over another, leading to unequal treatment.
Gender-Neutral: This means treating people equally without favoring any gender.
Through the evaluation of case studies, existing laws, and articles from various websites that discuss gender inequality and marital cruelty against men, this report highlights the gaps in India’s legal system and the societal stereotypes that affect male victims.
RESEARCH METHODOLOGY
This research report uses a qualitative and analytical method to assess the lack of legal protection for men facing marital cruelty. It looks at legal gaps and the societal views that male victims suffer from. It also compares the legal protection women receive under Section 498A with the absence of such protection for men.
The main aim of this study is to examine the lack of legal support and systems in place for men who experience marital cruelty. The study aims to:
- Investigate current legal provisions related to marital cruelty.
- Check whether men are adequately protected by these laws.
- Identify legal gaps, social attitudes, and suggest reforms.
- This report is descriptive in nature, focusing on the lack of legal protections and societal norms that affect male victims.
- It also compares the level of legal protection for women with the lack of laws for men in cases of marital cruelty.
- The primary data for this report comes from interviews with legal experts, psychologists, and men who have experienced marital cruelty.
- Some real-life case studies were also analyzed to show the impact of marital cruelty on men, along with related legal judgments and their outcomes. Secondary data was gathered from laws and relevant Indian statutes.
REVIEW OF LITERATURE
The Literature Review is focused on the marital cruelty against males and the absence of legal protection for them, which has drawn increasing attention over the past two decades. Where Women’s protection is rightly emphasized, this literature reveals a legal vacuum, societal stereotypes, and gender-biased laws when men become the victims of spouse abuse.
Section 498A of the Indian Penal Code, 1860, specifically focuses on the Protection of Women against Cruelty by their husbands or in-laws. In the Study of Mr. Gaurav Kumar, School of Legal Studies, CMR University, Bangalore, Karnataka, India, on the misuse of Section 498A of the Indian Penal Code, 1860, it was found that this section is gender-biased and non-gender neutral. The Law Commission of India (2003) and the Malimath Committee Report (2003) also highlighted the abuse of Section 498A of the Indian Penal Code, 1860, and recommended a gender-neutral approach.
One of the most famous cases of Chef Kunal Kapur shed light on the Cruelty against men as victims of domestic violence & emotional Cruelty. The most recent case of Bangalore Nikita Singhania and three Others vs State of Uttar Pradesh and another on 16 December, 2024, where a man named Atul Subhash died by suicide due to domestic issues, emotional and physical abuse from her spouse. This shows the absence of Government support to male victims, which results in systematic invisibility & no gender neutrality in legal frameworks.
There is a complete absence of governmental policies for male victims of marital abuse. Men’s Rights Activists (MRAs) have addressed the Gender-Neutral Domestic Violence Laws, but their demands are often dismissed.
The Societal Stereotypes of men as dominant make it difficult for male victims to raise their voice against marital abuse. NGOs are primarily targeted towards women, leaving male victims without adequate support.
The literature review indicates a legal imbalance and gender inequality that must be rectified using systemic change and gender-neutral laws. The issue of marital cruelty against men in India has remained underexplored in legal studies and policy frameworks. While women’s rights regarding domestic violence have gained crucial legal and social attention, the absence of legal recognition for male victims continues to raise concerns about gender bias and legal inequality.
The review of literature reveals an understandable legal and social gap in addressing marital cruelty against men in India. Whereas women’s protection remains a crucial point of concern, the lack of legal remedies for male victims represents a form of gender discrimination.
METHOD
The research engages a multidimensional & qualitative approach in analysing the rights of men against Marital Cruelty. The core analysis said that our social stereotypes make it difficult for men to speak out against marital abuse by their spouse and her family. This eases the mapping of legal frameworks, contradictions, and gaps in how criminal law treats marital cruelty against males.
The study focuses on analysing the legal frameworks, live case studies, and interviews. The main objective of this research is to examine the legal protection and provisions for men against marital cruelty in India.
Secondly, a detailed examination of the recent case of Bangalore Nikita Singhania and 3 Others vs State of U.P. and Another on 16 December, 2024, where a man named Atul Subhash died by suicide due to domestic issues, emotional and physical abuse from her spouse, was conducted to understand patterns and legal outcomes.
A Legal Analysis was conducted of relevant laws such as the Indian Penal Code, Sections 498A, 1860, the Hindu Marriage Act, 1955, Section 13(1) (ia).
Lastly, also analyzed news reports, interviews, and documentaries highlighting cases of alleged marital cruelty against men. Studied reports published by men’s rights organizations and NGOs such as Save Indian Family Foundation (SIFF) and Men Welfare Trust. This research report avoided bias, as the report has a sensitive and potentially controversial nature.
SUGGESTIONS
To evolve a fair criminal justice system, some important suggestions may be made, which are more equitable and efficient to protect male victims:
- Gender Neutral Laws: The recent legal framework, specifically Section 498A of the Indian Penal Code, 1860, only gives protection to women from their husbands and in-laws. Laws such as Section 498A of the IPC and the Protection of Women from Domestic Violence Act, 2005, provide protection only to women; they exclude men from the definition of victims. There is no legal provision in Indian family law or criminal law that recognizes marital cruelty against men. So, it is necessary to amend existing laws or introduce gender-neutral laws that recognize that both men and women can be victims of spousal abuse.
- Creation of NGOs for male victims: Male victims facing marital cruelty are not getting the societal support due to societal stereotypes. There is a lack of support groups and legal aid for men like the one woman gets. Government-funded legal aid services and NGOs would help male victims to come forward & raise their voice.
- Publication of Gender-Neutral Data: Government bodies should collect data on domestic violence against men, which is almost absent in recent days. And publish that data in Journals.
- Judicial Sensitization: Parliament has not yet taken steps to introduce gender-neutral domestic violence laws for the protection of male victims. The necessary steps should be taken by the Parliament to introduce gender-neutral domestic violence laws. Also, there should be judicial workshops as well for gender sensitivity, not just for protecting women but also for preventing men from reporting cruelty.
- Media and Public Awareness Campaigns: The Government should launch Public Awareness Campaigns that highlight that men are the potential victims of marital abuse. There is an urgent need for awareness campaigns to sensitize the public, police, and judiciary about male victimhood and to challenge the harmful stereotype that only women can be abused in marriages.
- Penalties for Misuse of Law: A strict penalty should be imposed on the false allegation of Section 498A of the Indian Penal Code, 1860, to maintain the legal integrity and avoid the misuse of law.
- Judicial Reforms: There should be the establishment of family courts with gender neutrality that consider men’s grievances equally. Also, mandate speedy trials in domestic cruelty cases, ensuring justice without prolonged harassment.
- Counselors & Mediation: There should be mandatory pre-litigation counseling for both spouses in marital disputes to encourage resolution before going for legal aid. Engage neutral counselors or mediators to assess situations of cruelty or abuse fairly and give their fair opinion to both spouses.
- False Allegations Safeguards: Ensure strict action against filing false cases under Section 498A or other family laws, including penalties and fast-track review. Also, implement a preliminary investigation mechanism before arrests are made in domestic abuse cases, protecting both parties’ rights. No illegal detention for male victims; there should be equal law for both parties.
To prove cruelty against men in court requires solid evidence.
- Documentary Evidence:
Texts and emails showing threats or abusive behavior. False complaints or police reports were filed against the husband, which were later dismissed.
- Witness Testimonies:
Family, friends, or colleagues who witnessed the wife’s abusive behavior or threats. Counselors who treated the husband for mental depression.
- Audio/Video Recordings:
Recordings of verbal abuse, threats, or blackmail can serve as strong evidence.
- Medical or Psychological Records:
Doctor or therapist reports showing the husband’s mental health issues caused by the wife’s actions.
These can be concrete evidence for proving the cruelty against men.
CASE LAWS: There is a list of some highlighted landmark judgments where courts have recognized cruelty as a valid ground for divorce. It shows that the justice system is not biased towards women. Comparatively, it admits that men can also be the victims of marital abuse and cruelty.
- K. Srinivas Rao vs D.A. Deepa, (2013): The Supreme Court granted a divorce in favor of the husband after concluding that filing a false criminal complaint under Section 498A amounted to mental cruelty.
- Samar Ghosh vs Jaya Ghosh, (2007) 4: A landmark judgment where the Supreme Court gave the guidelines on what constitutes mental cruelty in matrimonial disputes.
- Suman Kapur vs Sudhir Kapur (2009): The wife’s continuous insults and accusations of infidelity were found to have caused mental cruelty, leading the court to grant the husband a divorce.
- Raj Talreja vs Kavita Talreja (2017): In this case, the wife’s baseless accusations of adultery led to the dissolution of the marriage. The court ruled that false allegations without evidence constitute mental cruelty.
- Narendra vs K. Meena, (2016): The court found that constant threats of suicide and demands that the husband separate from his family amounted to mental cruelty.
- Vinita Saxena vs Pankaj Pandit, (2006): In this case, the court held that the wife’s refusal to cohabit with her husband without any justifiable reason amounted to mental cruelty.
- Mayadevi vs Jagdish Prasad (2007): Persistent abusive behavior, derogatory remarks, and false accusations were recognized as forms of mental cruelty justifying divorce.
- V. Bhagat vs D. Bhagat, (1994): The wife’s false allegations of adultery and mental illness against the husband were considered to be acts of mental cruelty by the court.
- Vishwanath Agrawal vs Sarla Vishwanath Agrawal, (2012): The court found that continuous accusations of infidelity and harassment towards the husband amounted to mental cruelty. (Para 40)
- Geeta Mehrotra vs State of UP, (2012): False complaints of dowry harassment were viewed as mental cruelty inflicted on the husband and his family.
- Ravi Kumar vs Julmidevi (2010): The Supreme Court ruled that false accusations of dowry harassment by the wife caused mental cruelty and granted divorce..
CONCLUSION
The research report on Rights for Men in India against Marital Cruelty concludes that this topic is very critical yet often overlooked within the Indian legal system. There are several laws for protecting women against abuse and domestic violence. Indian laws have been gender-specific from historic times, which leaves male victims without any legal protection.
The findings from the legal journal, interviews, and articles show that a growing number of men experience emotional, psychological, financial, and even physical abuse in marriage. The recent legal framework, specifically Section 498A of the Indian Penal Code, 1860, only gives protection to women and fails to protect men from marital cruelty.
The present gender-biased approach in India’s domestic violence laws raises critical questions about gender equality, human rights, and fairness in justice delivery. Many countries have already moved towards gender-neutral domestic violence legislation, recognizing that marital cruelty and abuse are not exclusive to any one gender.
The more findings from legal analysis, expert opinions, and case reviews are that the men who face cruelty in marriage are often ignored or disbelieved. With no legal or institutional support, such men are left vulnerable, and their suffering goes generally unacknowledged and unaddressed. Additionally, the misuse of protective laws by women has added another layer of injustice, leading to false accusations, mental harassment, and legal battles for innocent men.
This gender inequality, imbalance & non-gender neutrality in the law creates injustice for male victims. Addressing this issue does not mean hurting women’s rights and sentiments; it’s only a means for highlighting the constitutional principles of Equality before the Law and a path forward for the creation of gender-neutral laws.
Thus, there is a crucial need for policy reforms, legal amendments, and social awareness to ensure that male victims of marital cruelty are not neglected by law in their right to justice. India must work towards creating a balanced, structured, and gender-neutral legal framework that justifies the constitutional principles of equality, dignity, and non-discrimination for all citizens, irrespective of gender.
References
- [Vaishnavi Parashar][Cruelty against men: Laws that protect men’s rights in a marriage][India Today], [2024] https://www.indiatoday.in/information/story/cruelty-against-men-laws-that-protect-mens-rights-in-a-marriage-2522726-2024-04-03
- [Men’s Welfare Trust][Men Too Are Entitled To Same Protection From Cruelty And Violence As Women: Delhi High Court], [2025] https://www.menwelfare.in/judgements/men-too-are-entitled-to-same-protection-from-cruelty-and-violence-as-women-delhi-high-court/
- [Nadini][Gender Neutrality in Domestic Violence Laws of India: The Neglected Male Side][TSCLD], [2025] https://www.tscld.com/domestic-violence-against-men-india
- [Gourav Kumar][A Study on Misuse of Section 498A of the Indian Penal Code, 1860,][International Journal of Law Management & Humanities], (2025) [URL]
- INDIA CONST. Art. 14 & 21, amended by The Constitution (Twenty-Fourth Amendment) Act, 2000.
- The Indian Penal Code, 1860, Section 498A, Ins. by Act No. 46 of 1983 s.2.
- K. Srinivas Rao vs D.A. Deepa, (2013) 5 SCC 226
- Samar Ghosh vs Jaya Ghosh, (2007) 4 SCC 511
- Suman Kapur vs Sudhir Kapur, (2009) 1 SCC 422
- Raj Talreja vs Kavita Talreja, (2017) 14 SCC 194
- Narendra vs K. Meena, (2016) 9 SCC 455
- Vinita Saxena vs Pankaj Pandit, (2006) 3 SCC 778
- Mayadevi vs Jagdish Prasad, (2007) 3 SCC 136
- V. Bhagat vs D. Bhagat, (1994) 1 SCC 337
- Vishwanath Agrawal vs Sarla Vishwanath Agrawal, (2012) 7 SCC 288
- Geeta Mehrotra vs State of UP, (2012) 10 SCC 741
- Ravi Kumar vs Julmidevi, (2010) 4 SCC 476
Himanshi Gupta