ABSTRACT
The “Rights of Man” theory has developed in the Enlightenment revolutions and then found a place in the contemporary constitutional democracies, such as India. The Indian Constitution promises a wide range of fundamental rights with the ethos of liberty, equality, justice, and dignity the very values constituting the substance of the Rights of Man. 1But with India developing in the 21st century, it is even more evident now that there is a significant gulf between the constitutional promises of these rights and their practical implementation on the ground.
This paper critically reviews the situation regarding the Rights of Man in India today based on constitutional provisions, judicial interpretations, and current trends. It refers to ongoing problems regarding civil liberties, socio-economic equality, computer rights, gender-based legal discrimination (namely against men), and access to justice. It also questions whether state policies and social practices constitute an application of constitutional promise of equality and dignity for all citizens.
By doctrinal legal analysis augmented by case laws, official reports, and scholarly commentary, the paper reveals gaps in implementation that still haunt the Indian rights regime. The goal is to measure to what extent India has moved toward fulfilling its constitutional obligations and what structural changes must be made in order to overcome the gap between ideals and reality. Doing so, the paper relocates the Rights of Man from a frozen set of principles to a living breathing constitutional vision that requires constant vigilance, reformation, and self-scrutiny.
KEYWORDS
Fundamental Rights, Human Dignity, Indian Constitution, Civil Liberties, Social Justice, Gender Discrimination
INTRODUCTION
1India Const. pmbl. https://legislative.gov.in/constitution-of-india
The concept of the “Rights of Man” is its Enlightenment roots, a representation of the universal recognition of essential human dignity and equality. Historically enshrined in foundational texts like the Magna Carta (1215), the English Bill of Rights (1689), the Declaration of the Rights of Man and of the Citizen (France, 1789), and then the Universal Declaration of Human Rights (UDHR, 1948), 2they have been the cornerstone of contemporary democratic states. These ideals were strongly ensconced in India’s Constitution of India, 1950, under Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy), symbolizing the dedication to liberty, equality, fraternity, and justice.
The Constitution ensures a plethora of civil, political, and socio-economic rights to individuals regardless of religion, caste, gender, and class. Yet, the practicalities of these rights in the 21st century came into doubt. Instances of custodial violence, unlawful arrests, internet shutdowns, caste domination, gender-biased laws, and electronic surveillance reflect the widening gap between constitutional principles and reality on the ground. Further, some sections of society men facing matrimonial disputes, weaker economic sections, and religious minorities have complained about discriminatory legal systems and institutional insensitivity.
The judiciary, which traditionally identified itself with guardian of constitutional rights, has had progressive as well as passive roles at times depending on social and political situations. Traditional cases like Maneka Gandhi v. Union of India, Justice K.S. Puttaswamy v. Union of India, and Navtej Singh Johar v. Union of India 3have reiterated basic rights, but there have been instances of restraint or deafening silence from the judiciary on matters of impending civil liberties.
The current paper aims to analyze the extent to which India has made progress in transposing its constitutional guarantees into human rights promises for every citizen. The paper addresses systemic, legal, and social obstacles hindering full implementation of the Rights of Man in modern India, particularly civil liberties, gender equality (and anti-male biases), socio-economic inequalities, and access to justice. The analysis offers suggestions for legal reform and structural reform to make Indian legal reality converge towards its constitutional ideals.
RESEARCH METHODOLOGY
2 Universal Declaration of Human Rights, G.A. Res. 217A (III), U.N. Doc. A/RES/3/217A (Dec. 10, 1948) https://www.un.org/en/about-us/universal-declaration-of-human-rights
3 Navtej Singh Johar v. Union of India, (2018) 10 SCC 1 https://indiankanoon.org/doc/168671544/
The research paper follows a qualitative, doctrinal, and analytical legal research approach in arguing the evolution, status, and challenges to the rights of men in 21st century India. The paper specifically tackles issues of imbalance between constitutional assurances and application of such rights, testing whether Indian men in the contemporary era are really secure in law or vulnerable revealed beneath the show of gender-neutral or gender-specific legislation. The research design also includes new developments, namely the 2023 newly enacted criminal laws, to assess their effect on men’s freedom and rights.
1. Nature and Type of Research
The study is analytical and doctrinal as well as being highly dependent on a close reading of legal principles, constitutional provisions, and recent legislation. It is devoid of empirical activity such as interviews or surveys but performs thematic legal analysis of provisions of statutes as well as court judgments.
The paper also employs a comparative method by referencing foreign human rights instruments and recognized legal norms in other democracies for purposes of comparison on the extent to which India does protect men’s rights under the Constitution and newly enacted criminal laws.
2. Sources of Information
The research applies primary as well as secondary legal materials:
Primary Sources:
● The Indian Constitution, i.e. Articles 14, 15(3), 19, and 21.4
● New Criminal Laws, i.e.
o Bharatiya Nyaya Sanhita, 2023 (BNS) 5– in place of the Indian Penal Code; o Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) 6– in place of the Code of Criminal Procedure;
4India Const. art. 14, 15, 19 and 21https://legislative.gov.in/constitution-of-india
5 Bharatiya Nyaya Sanhita, No. 45 of 2023, India Code (2023)
https://www.indiacode.nic.in/handle/123456789/20062?view_type=search&col=123456789/1362 6 Bharatiya Nagarik Suraksha Sanhita, No. 46 of 2023, India Code (2023)
o Bharatiya Sakshya Adhiniyam, 2023 (BSA) 7– in place of the Indian Evidence Act. ● Earlier criminal codes (IPC, CrPC, and IEA) for comparison purposes. ● Other gendered laws including:
● Protection of Women from Domestic Violence Act, 2005;
o Dowry Prohibition Act, 1961;
o Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013;
o Section 498A IPC is now enshrined in Section 85, BNS.
● Notable Supreme Court and High Courts judgments are as follows: o Rajesh Sharma v. State of UP, (2017) 11 SCC 202;8
o Joseph Shine v. Union of India, (2018) 2 SCC 1899;
o K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1;10
o Maneka Gandhi v. Union of India, (1978) 1 SCC 24811.
● Secondary Sources:
o Commentaries on the Constitution by H.M. Seervai, D.D. Basu, and Granville Austin; o Law Commission reports, namely abuse of gender-based law (i.e., Law Commission of India Report No. 243);
o Parliamentary Committee Reports of criminal law amendments of 2023; o Trustworthy online legal websites such as LiveLaw, Bar & Bench, and SCC Online; o International conventions such as the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (ICCPR).
3. Analytical Framework
The book is thematically organized in a critical-legal approach, examining:
7 Bharatiya Sakshya Adhiniyam, No. 47 of 2023, India Code (2023)
https://www.indiacode.nic.in/handle/123456789/20063?view_type=search&col=123456789/13628 Rajesh Sharma v. State of U.P., (2017) 11 SCC 202
9Joseph Shine v. Union of India, (2019) 2 SCC 189
https://www.sci.gov.in/view-pdf/?diary_no=325502017&type=j&order_date=2018-09-27&from=latest_judgem ents_order
10 K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1
https://www.sci.gov.in/view-pdf/?diary_no=350712012&type=j&order_date=2017-08-24&from=latest_judgem ents_order
11 Maneka Gandhi v. Union of India, (1978) 1 SCC 248 https://api.sci.gov.in/jonew/judis/5154.pdf
● Constitutional Promises: How rights in Part III of the Constitution are (or aren’t) being made available to men;
● Statutory Contradictions: How particular legislation passed under the guise of protection has operated to reverse discriminate against men;
● Impact of Recent Criminal Laws: Exposition of particular provisions of the BNS, BNSS, and BSA likely to reinforce or dilute legal protection available to men. For example:
o Section 85 of BNS (cruelty by wife and relatives) and its modus operandi12; o Changes in evidence under BSA likely to impact men in dowry cases; o Changes in procedure under BNSS impacting arrest, bail, and investigation in gender crime.
● Judicial Intervention: Investigating whether the courts have protected men’s rights from abuse of gender-related laws;
● Social Perception and Legal Reality: Investigating how public stereotypes, media representation, and institutional absence influence men’s rights in reality.
4. Scope and Limitations
This paper is concerned with Indian legal evolution between 2000 and 2025 and specifically with criminal law reforms after 2023. Comparative references have been made, but it is still national-focused. Limitations are:
● No fieldwork primary data;
● Dependence upon most recent available updated legal and public domain sources till July 2025;
● Social impacts and media reports deconstructed through legal literature and not from direct case studies.
5. Citation Style
All sources have been properly cited following the 20th Edition of the Bluebook: A Uniform System of Citation. Every effort has been made to footnote properly in order to maintain academic integrity, traceability of sources, and legal clarity.
12 Bharatiya Nyaya Sanhita, 2023 § 85
REVIEW OF LITERATURE
The Indian human rights and constitutional justice discourse has always been centered around the theme of women’s and other weaker sections’ marginalization. But a balanced analysis requires critical examination of men’s rights too within the same constitutional framework, particularly in the context of new criminal law reforms. This literature review analyzes significant scholarly, legal, and policy literature that shapes and feeds into progressive thinking on gender justice, abuse of gender-biased laws, and legal ideals versus lived experiences of Indian men.
1. Constitutional Commentaries on Equality and Non-Discrimination
Constitutional experts such as D.D. Basu in Commentary on the Constitution of India and M.P. Jain in Indian Constitutional Law elaborate on the revolutionary role of Articles 14, 15, and 21, but center mainly on safeguards for women and children. Although these texts establish the formal equality doctrine, reverse discrimination and abuse of special provisions under Article 15(3) are not dealt with, thus the gap that this research hopes to bridge.
2. Gendered Enforcement of Criminal Laws
Feminist legal scholar Flavia Agnes too argued in her work (particularly in EPW and Law & Society) that gender-neutral methods overlook structural repression of women. This is responded to by new legal thinkers such as Swarup Sarkar and Deepika Narayan Bhardwaj, who point through case studies and news reports towards the abuse of Section 498A IPC, false rape cases, and arbitrary detention, particularly under protection-of-women legislations.
Law Commission of India’s 243rd Report recognized the abuse of anti-dowry laws and suggested pre-inquiry before registration of FIRs13. Likewise, in Rajesh Sharma v. State of UP, (2017) 11 SCC 202, the Supreme Court also recognized the abuse and suggested guidelines so that innocent men and their families are not harassed.
3. New Criminal Laws: Gender Neutral or Gender Skewed?
The Bharatiya Nyaya Sanhita (2023) has maintained every gender-based provision in the IPC like rape (Section 63) and outraging modesty (Section 74) wherein the accused is assumed to
13 Law Comm’n of India, Report No. 243, Section 498A IPC – Misuse and Possible Reforms (Aug. 2012) https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022081053-3.pdf
always be a male. The BNS also maintains Section 498A 14preserved as Section 85, which is gender-based and strictly criticized for being biased.
Increased legal criticisms on platforms such as LiveLaw, Bar & Bench, and SCC Online indicate that the BNSS and BSA also do not extend sufficient protection to men from false accusations. Legal commentators such as J. Sai Deepak and Gautam Bhatia have criticized selective constitutionalism where laws assume guilt in the cause of gender justice and therefore deny male citizens their due process rights.
4. Scholarly Controversy regarding Men’s Rights and Legal Solutions
Few scholarly works address the rights of men in Indian law as such. Several articles in NLU Law Reviews, Indian Journal of Gender Studies, and independent publications contend that gender-specific legislation, lacking protective armor, has the effect of reverse discrimination and besmirches the very constitutional guarantees of equality and freedom.
5. Judicial Recognition of Misuse
Indian judiciary has slowly started realising the abuse of cover laws. In Sushil Kumar Sharma v. Union of India, (2005) 6 SCC 281, the Court has held that the Acts such as 498A were made a weapon rather than a shield sometimes. Likewise, in Lalita Kumari v. Govt. of UP, (2014) 2 SCC 1, the Court has put thrust on pre-inquiry before registration of FIRs regarding conflicts emanating from marriage.
6. International Perspective
By contrast, the UK, Canada, and Australia have shifted towards gender-neutral criminal justice law, especially with sexual offenses and domestic violence. The UN Human Rights Committee and CEDAW General Recommendations have both promoted an even-handed approach with recognition of vulnerabilities on either side of the gender divide.
But these universal norms still remain in abeyance of uniform articulation in Indian policy and law. The majority of gender-protective schemes remain accessible only to women, and care for men’s experiences of legal exploitation, mental harassment, or social stigma remains limited.
14 Indian Penal Code, 1860, § 498A https://www.indiacode.nic.in/repealedfileopen?rfilename=A1860-45.pdf
METHOD
This study employs a doctrinal and analytical approach to law to map the evolution, interpretation, and contemporary application of laws against constitutional rights and gender justice in India. The method is qualitative with an emphasis on statutory interpretation, judicial rulings, constitutional provisions, and academic writings. The research seeks to investigate the degree to which men’s rights are safeguarded or eroded in present-day India, especially in light of the Constitution’s principles of freedom, equality, and justice. The research also looks at whether the newly passed criminal legislations Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), 2023 are a manifestation of a balanced perspective of gender justice or result from deep-seated biases.
1. Constitutional and Statutory Analysis
This study critically analyzes Articles 14, 15, and 21 of the Indian Constitution under equality, non-discrimination, and personal liberty. Article 15(3) is addressed, in particular, as it provides for special treatment of women and children but not men.
The research examines whether the exclusion has resulted in structural discrimination against men under the law. The research takes a look at the new criminal laws and the repealed ones to examine whether the new ones are gender-neutral or still gendered assumptions, especially for sexual offences, domestic violence, and procedural protection.
2. Case Law and Judicial Interpretation
The second substantive component of the study is an evaluative analysis of judicial interpretations, notably milestone and new jurisprudence related to men’s rights and gender-based presumptions in law. Certain milestone judgments like:
● Rajesh Sharma v. State of U.P. (2017), where the Supreme Court voiced its concerns regarding the abuse of Section 498A IPC by certain complainants;
● Sushil Kumar Sharma v. Union of India (2005), in which the Court recognized that laws intended to safeguard women were similarly used to harass the husband as well as his family; and
● Joseph Shine v. Union of India (2018), in which the Court ruled adultery no longer a criminal offence and made a comment regarding gender-neutral visions
are subject not just to critical analysis for the outcomes but also for the constitutional analysis and policy justification contained within them.
3. Critical Literature Review
This section is dependent on a scan of scholarly commentary, such as books, peer-reviewed journals, Law Commission reports, and non-governmental publication. Two-pronged strategy is followed examining feminist legal theories supporting gender-based protections along with men’s rights movement literature against the legal asymmetry. Particular focus on:
● Reports of abuse of Section 498A IPC and Dowry Prohibition Act;
● Controversy surrounding demand for gender-neutral sexual assault law ● Sociological research on male suicide in matrimonial cases:
● Law Commission proposals on equality before law and access to justice for both sexes.
Literature review places the issue in perspective in legal studies as well as policy debates, establishing that a paucity of attention to men’s rights exists in gender justice systems.
4. Comparative Legal Context
In the spirit of detailed analysis, for purposes of reference, the research quotes gender-neutral legal frameworks in the countries of the United Kingdom, Canada, Australia, and New Zealand. The states have enacted laws that safeguard all genders equally against domestic violence, sexual assault, and family law disputes. For example:
● UK’s Domestic Abuse Act, 202115, employs gender-neutral language; ● Canadian Criminal Code 16addresses all the sex offenses without presuming either a victim’s or offender’s specific gender;
● The Australian Family Law system has provisions to safeguard male victims of domestic violence17.
15 Domestic Abuse Act 2021, c. 17 (UK) https://www.legislation.gov.uk/ukpga/2021/17/enacted16 Criminal Code, RSC 1985, c C-46 (Canada) https://laws-lois.justice.gc.ca/eng/acts/c-46/ 17 Crimes Act 1900 (NSW) (Australia) https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040
The study makes comparisons to show where Indian law is lacking and international best practice what it could be employed to inform law reform for India. International human rights documents such as the ICCPR,18 CEDAW (background), and Universal Declaration of Human Rights are also drawn upon to examine India’s record on gender-equitable justice.
5. Thematic Synthesis and Gap Identification
All the findings of constitutional provisions, legislative drafting, judicial pronouncements, and academic view are brought together to consider overarching themes:
● The assumption of men’s guilt for offenses like dowry harassment or domestic violence; ● Denial of procedural safeguards to falsely accused men;
● Lack of special grievance redressal mechanisms for men;
● Social ostracism and institutional apathy with which men are treated in the quest for justice.
This thematic analysis is employed to chart prevailing policy inconsistencies and legislational loopholes.
SUGGESTIONS AND RECOMMENDATIONS
Even in the presence of the strong constitutional model of equality and non-discrimination, ideals’ enforcement in the area of men’s rights in India is discriminatory and unequal at times. The following are suggested recommendations towards bridging the gap between the ideals of the constitution and the social reality:
1. Identification of Male-Centric Issues within the Law Framework
There is an compulsive need to acknowledge that men also can be victims of gender violence, harassment, and false cases. Male victimhood needs the law to be gender-neutral in matrimonial disputes, domestic violence, and sexual harassment. Laws like Section 498A IPC (now amended under BNS) and the Protection of Women from Domestic Violence Act, 2005, need to be re-checked for probable misuse and re-framed so as to offer gender-neutral protection tools.
18 International Covenant on Civil and Political Rights, Dec. 16, 1966, 999 U.N.T.S. 171 https://treaties.un.org/PAGES/ViewDetails.aspx?chapter=4&clang=_en&mtdsg_no=IV-4&src=TREATY
2. Implementation of Gender-Neutral Law
Some developed countries have embraced gender-neutral criminal law, domestic violence, and sexual offences. India needs to follow the same pattern by making changes under the new Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and Bharatiya Sakshya Adhiniyam (BSA), 2023, so that both genders, such as men and the LGBTQ+ community, are protected.
3. Setting Up Men’s Rights Commission
Whereas India has a National Commission for Women, there is every justification for creating a National Commission for Men or a Gender Justice Commission to address cases of discrimination, abuse, or judicial injustice against men. The organization can also conduct research, advocacy, and legislative reform.
4. Strict Rules to Avoid Misuse of Gender-Protective Law
The courts have also recognized the misuse of statutes such as Section 498A. Rhetoric from the courts is not sufficient. Such provisions in the law have to be legislatively changed to incorporate the sort of protection such as pre-inquiry,conciliation, or prior scrutiny by a magistrate prior to arrest or charging under the provision.
5. Male Victims of Domestic Violence: Legal Aid and Counseling
Legal aid, counseling, and access to crisis centers must also be provided to male victims, where there is domestic violence or a spurious case. DLSA must be compelled to do the same without excluding women and children on discriminatory grounds as the norm.
6. Data Collection and Research
There remains a basic lacuna in Indian male victimhood data at present. Institutions such as the National Crime Records Bureau (NCRB) should keep disaggregated by gender crime data for all crimes, including domestic violence, sexual offenses, and dowry abuse charges. This would enable evidence-based policymaking.
7. Judicial Sensitization and Balanced Interpretation
Judicial orientation courses should have modules of sensitization gender-neutral so that the judiciary is not subliminally biased against one gender. Protection of women is needed, but overcorrection must not result in system injustice against men.
8. Reform in Family Laws and Custody Rights
The current norm supporting women in custody and maintenance cases must be reversed. Custody legislation should have provisions for shared parenting or best interest of the child approaches instead of invariably defaulting to maternal custody. Maintenance law should be means-tested and not sexist.
CONCLUSION
The Indian Constitution promises justice, equality, and dignity for everyone, but there is nevertheless a staggering imbalance with regard to men’s rights. Although historical and societal reasoning justified positive discrimination in favor of women, the increasing coming of gender-protective legislation has instigated institutionalized injustice against men.
This research acknowledges the increasing disparity between the constitutional ideal of gender equality and a justice system that too frequently denies men victimization, redress, and institutional protection. Men continue to be stigmatized, unjustly accused, and structurally discriminated against from the family to the courts.
The study is not contrary to women’s protection but advocates for a balanced, non-discriminatory approach justice that is gender-neutral, and not based on assumptions of victimization or privilege. Since India is rising, legal reforms have to adopt men’s rights as well as women’s so that there can be equality, dignity, and justice for all
SUBMITTED BY: –
NAME- SOURABH CHAND
COLLEGE NAME- HIMACHAL PRADESH UNIVERSITY, SHIMLA