Abstract
Domestic Violence has been a major problem of the society since its inception. It is also against society and specifically against the marriage institution. India has noticed more such cases as compared to other countries. Mostly cases of domestic violence have been reported against women in the household, but domestic violence against men has become a noticeable fact in last few years.
This research will highlight that less importance is given to men in case of domestic violence, how men are facing the violence in the household and the era of false allegation on men and his relatives. It will further highlight the less recognition of legal system for safeguarding the men’s interest, Gender biased provision of Indian Penal code, No provision for men even for maintenance in Hindu law and this research will also try to state that how men can take defence against false allegation and various statistics of studies conducted by NGOs and WHO.
Keywords
Domestic Violence, False Allegation, Abuse, Dowry, Provisions
Introduction
Domestic Violence means the violence by one family member over the other family member. It covers a wider range of acts, including physical, mental and sexual acts against other member of the household. It not only includes bodily threat but also the mental abuse. Domestic violence does not mean only the violence by husband over the wife, but also the violence by wife over the husband. In recent years, many cases have been reported of domestic violence on the husbands by their wives or intimate partner.
Section 3 of The Protection of Women from Domestic Violence Act, 2005 broadly includes mental injuries, physical injuries,physical abuse, sexual abuse, verbal, emotional abuse, economic abuse, insults, ridicule, humiliation and deprivation of any financial or economic resource.
Society has always been a male dominating one, but it is a major myth that only women is the sufferer of domestic violence because the data of National Coalition Against Domestic Violence states that 1 out of 4 men, in comparison to 1 out 3 women have experienced any kind of bodily injury from their partner. Mostly people don’t give much attention to domestic violence against men, although the law is providing the opportunity to both of them for seeking the remedy for the injury caused to them. Cases of domestic violence against men are increasing year by year, but majority of them go non reported or non supported. It is because of the perception that men who suffer due to women are considered to be weak. Laws are majorly protecting the women in regards to domestic violence, there is no such specific provision for the interest of men and they also often feel restraint to come forward and stand against violence caused to them in the household.
There is not any officially reported data which can state the domestic violence against men. The study by an NGO Save Family Foundation states that during an interview, they came to the conclusion that economic violence of 32.8% is common,` emotional violence of 22.2%, physical violence of 25.2% and sexual violence of 17.7% against men is prevailing.
The NCRB suicide report[1] states that 70.9% suicides have done by males, further it states that 73093 married males have done suicides in comparison to 28085 married females. Family problems have been the reason of suicides in 33.6% cases.
Section 498A of IPC States thatif any Husband or any relative of the husband will be found under the ambit of cruelty against the wife, then being the husband or the relative of the husband of that wife, such person will be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means any voluntarily act which is of such a nature as is likely to encourage the woman to commit suicide or to cause grievous injury or danger to life, limb or mental/physical health of the woman. Cruelty also includes harassment of the woman where such harassment is with an aim to forcing her or any person related to her to meet any unlawful illegal demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.”
This provision of Indian Penal Code is not gender neutral here; it is not protecting the women who are facing the problem of domestic violence. The wives or intimate partners are not included in this penal provision, but the husbands as well as their relatives are subjected to this provision.
In case of Arnesh Kumar v. State of Bihar[2] and Manju Ram Kalita v. State of Assam[3], It was found that this provision of the IPC is a cognizable and a non-bailable offence which is often used as a threat rather than for the reasonable protection of the women. It is noticed that husbands, relatives and even the old parents of the husband gets arrested that too without the presence of any strong evidence of cruelty being done to the women. It was also stated that women must have faced cruelty on a regular basis, small quarrels cannot come under the ambit of this section.
Dowry Prohibition Act was passed in 1961 for the prohibition on the giving and taking of dowry. If someone is found demanding his wife anything in the form of dowry then he or his relatives can be imprisoned for 6 months time period or fined up to Rs 5000 under this act. But in the present time, Courts are noticing various false allegations on the husbands as well as their parents from the wives or the intimate partners to extort money. In cases of false allegations, majority of the accused husbands are victims under this law which was made for the protection of women, but not to be used as a tool to threaten the husband or their parents and relatives.
Research Methodology
This research is based on the doctrinal method or secondary sources for the critical analysis of Men’s Rights in today’s legal system of domestic violence. Secondary Sources of information includes newspapers, journals and websites.
Review of Literature
Journal of Psychosexual Health- Article on Legal Aspects of Violence Against Men
Sanjay Deshpande, Published on 30th December, 2019
This article talks about the Physical Violence, Psychological Violence, Emotional Violence and Legal Issues against men in today’s legal system. It has been identified that slapping has been most common form (98.3%) of physical violence against husband by the wife or by her family members. In Psychological violence, 85% of the abuse was criticism against the men, while sexual abuse reported to be only 0.4%.[4] False cases against the husbands are increasing day by day, but still there is no specific law to protect the husband from the violence against him in the household. There is a need of gender neutral laws and also the necessity of thinking of giving equal sympathy to both the genders. There are many specific laws made for the protection of women from many aspects, but specifically there is no law protecting the husband and his family from the violence by the wife.
According to the report of the NGO Save Family Foundation and NCRB report, the suicides of married men are more in comparison to the unmarried or separated men.[5] According to WHO’s findings in 2019, it is found that violence of any kind, maybe physical or mental, may led to addiction of smoking and drinking.[6] In a society which has always been male dominating, it is quite shameful for the men to report crime against themselves by their wife. The family pressure, upbringing of the children, and lack of support led to the non reporting of various cases of violence caused to men in the household.
Annals of Indian Psychiatry- Official Publication of Indian Psychiatric Society
Study on Domestic violence against men: A lesser explored phenomenon, 29 April 2022
By Avinash De Sousa- Consultant Psychiatrist, Desousa Foundation, Mumbai, Maharashtra, India
Violence against men has been a less researched topic because that much importance is not given to men in this era of patriarchal society. Society has always believed males to be dominant and women to be under their directions. A recent study of 2019 stated that around 52 % of men have suffered violence by their wives more than one time in their life. A PAN India study reported that 98% men of India have faced violence by their wives or intimate partner more than one time in their lifetime. Domestic Violence does not only include physical or bodily injury but it is inclusive of Emotional, Psychological and Financial abuse. Domestic Violence on men is having less legal recognition so majority of the case are in the phase of being non reported. This is because of the attitude of the society and the authorities that men are looked as primary abusers, rather than victims. India is having the higher number of cases in regards to domestic violence on men, as compared to other countries.[7]
Male dominating society have laid down some reasons for several problems for men and it is affects their daily life in following ways[8];- Society has seen the concept of house wife but it is not in the case of men. Husbands have to bear the family burden and they have to primary financial manager of the household. Men are looked as emotion less in comparison to women which further affects their mental health. Men are never taught to be fully expressive for their pains and their failures. All types of violence are against humanity, but domestic violence is especially against the marriage institution. According to global reports, physical violence commonly includes slapping in 98.3% cases and minority 3.3% of the cases included involvement of weapons. In India, the most common form of false allegation has been related to dowry demand.[9]
How men are facing the problem of domestic violence?
Men are facing the problem of domestic violence in multiple ways, including the pressure by the wife to send his parents to old ages homes, delay in meals, constant yelling and also the threat by the father in law as well as brother in laws. In some cases, wife refused to take care of the husband’s parents and also blackmailed him in regards to false allegation. False allegations are majorly in relation to Dowry and Sexual Assault. This makes men feel more scared because society often shows sympathy for women, rather than men. NCRB data also tell us that around 8% of rape cases were declared as fake after investigation and acquittals were obtained in estimated 74% rape cases under section 376 Indian Penal Code. It has also been stated that 51.5% of married men of Haryana have faced violence by their partner. Indian Wives rank at 3rd positions in the world for violence against their husbands, while United Kingdom is at the 2nd position and Egypt is at the first. Emotional abuse has been the most common form of abuse in the married life, while physical abuse is at the 2nd position. According to the report of WHO, Women think more of committing the suicides but the actual suicides being committed are majorly by males.[10]
What are the laws of domestic violence against men in India?
Sometimes it is just a matter of saying that law is protecting both the genders but there is no as such any specific law which is protecting men from domestic violence. In comparison there are multiple laws which are made for the protection of women from the domestic violence.
Protection of Women against Domestic Violence Act was passed in 2005 for the protection of women against Physical, emotional, sexual and financial harassment of women in a broadly defined way. This act is made solely for women, married as well as unmarried women for protection from violence in the household. This law was enacted with the aim of providing compensation to the abused women, right to live in the husband’s home and reasonable maintenance after the divorce or judicial separation. Most of the cases of domestic violence are alleged by women so courts are generally having the presumption towards the women of being correct and then the burden come on the shoulders of the husband to prove himself innocent. This is a basic rule that an accused is innocent until proven guilty, but especially in cases of marital rape the burden is on the husband to prove that the sexual inter course between the husband and his wife was under the ambit of free consent.
What are the Provisions for men in regards to maintenance in Hindu Law?
Section 18 of the Hindu Adoption and Maintenance Act states that a Hindu wife is having the right to get maintenance by her husband for her lifetime; whether married before or after the commencement of this act. It further states that wife shall be given right to live separately from her partner, without losing her claim of maintenance if the husband is guilty of desertion, Cruelty, Suffering from leprosy, Bigamy, Keeping Concubine, Changed his Religion or if there is any other reasonable reason. This provision of Maintenance in Hindu law is only giving right to the married women to claim maintenance. It is not giving importance to the fact that sometimes the husbands are not sufficient to maintain themselves and they can also be under the need to be maintained by their partner. The judicial system is lacking here in regards to the interest of the husbands. If the husband is not in position to maintain himself and the wife is capable enough to maintain herself as well as the husband, then the amount of maintenance can reasonably be fixed in the favor of the husband also.
In case of N.G. Dastane v. S. Dastane 1975[11], Supreme court first time recognized the cruelty against the husband by the wife. A test was laid down to determine that whether cruelty has been caused to the spouse or not- Alleged Act constituted must be proved by the law of evidence, Apprehension of real harm should be caused in the mind of the other person, Reasonable apprehension of harm should be caused and Petitioner should not be at the dominant position.
How Husband can take defense in case of false allegation?
Many cases came to the court in which the allegation on husband for rape and dowry were found fake. Mostly the husband and even his parents and relatives are deemed to be guilty until proven innocent; the husband is also arrested without any proper investigation by the police. The husband can take defence by showing evidence in his favour by way of electronic devices, call recordings, chats and also maybe by the statements of the neighbourhood people.
The husband can apply for an anticipatory bail immediately after the FIR has been launched against him. He can also file for the restitution of the conjugal rights which is mentioned in the section 9 of the Hindu Marriage Act. If the husband is sure that the allegation against him is false then he can file an application for the discharge under the section 277 of the Code of Criminal Procedure, 1973. He can also use the IPC Section 167 against the police officer if he wrongly helps the wife to proof false allegation against the husband. He can also state that the wife or the intimate partner is liable of criminal conspiracy against him under section 120B of the IPC and Defamation suit can also be filed against the wife under the section 500 and 504 of the IPC, it the reputation of husband has been damaged by the false statements of the wife.
Suggestions and Conclusion
Legal Rights and Protection of Life is required for both men and women. India is noticing multiple number of false cases against men in relation to rape, dowry, and cruelty. It is a myth that only women can be the victim and men is always at the wrong side. More and more awareness should be spread in the society that it is not shame for a man to come forward and raise his voice against the violence caused to him in the household. The judicial system should not reply on the old concept the males are always dominant in the household and the marriage institution.
In regards to the fact that India is noticing an increase in the number of false cases against men year by year, the domestic violence laws should and provisions of IPC should be implemented by giving equal importance to the interest of men also. Wives or intimate partners should not be considered deemed to be true in their allegation towards the men; proper investigation should be done before arresting the husband or his family members. Husbands are also sometimes in need for maintenance amount after their divorce or judicial separation, specific provision should be made for the interest of husband also in Hindu Adoption and Maintenance act 1956. Cruelty should be looked from dual aspect, because it can be inflicted by wives also on their husbands. Authorities should not be majorly sympathetic towards the interest of the wives and the case should not be considered as a prima facie case unless there is any reasonable ground.
By- Yash Jauhari
ICFAI University, Dehradun.
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[1] NCRB Suicide Report 2020
[2] (2014) 8 SCC 273
[3] (2009) 13 SCC 330
[4] Malik JS, Nadda A. A cross-sectional study of gender-based violence against men in the rural area of Haryana, India. Indian J Commu Med. 2019;44(1):35.
[5] Sarkar S, Dsouza R, Dasgupta A. Domestic Violence against Men: A Study Report by Save Family Foundation. New Delhi: Save Family Foundation; 2007
[6] World Health Organization. Violence prevention; 2019.
[7] Deshpande S. Sociocultural and legal aspects of violence against men. J Psychosexual Health 2019;1:246-9.
[8] World Health Organization. Changing Cultural and Social Norms that Support Violence. Geneva: WHO; 2009.
[9] Sarkar S, Dsouza R, Dasgupta A. Domestic Violence against Men: A Study Report by Save Family Foundation. New Delhi, India: Save Family Foundation; 2007.
[10] https://www.juscorpus.com/domestic-violence-against-men-in-india/
[11] AIR 1975 SC 1534
As far as maintenance under Hindu law is concerned, HMA is very clear on its statutory content: husband or wife, either of them may approach the concerned authority for grant of maintenance under U/S 24 and 25.
Do look into this.