Cruelty against Men in India: A Focus on Partner Abuse, Divorce, and the Need for Legal Reform
Keywords:
Gender Bias, true Equality, Victimization, Inclusive Justice System, Male VictimsAbstract
The issue of cruelty against men by their partners remains a largely overlooked and major reported problem in India. Deeply entrenched in societal biases and gender stereotypes, this article explores the various dimensions of male victimization in intimate relationships, with a specific focus on divorce cases and the gaps of India legal frameworks. Despite increasing recognition of gender equality in legal and societal discourses, the existing laws including those addressing domestic violence remain overwhelmingly focused on protecting women, leaving male victims without adequate redressed mechanisms. Cruelty, encompassing emotional, physical, psychological and financial abuse are often dismissed or stigmatized when men are the victims. This gender bias is particularly evident in divorce proceedings where men frequently face challenges in disproving cruelty or are subjected to counter allegations of harassment the misuse of laws like in erstwhile section 498A IPC further exacerbate
issues often leading to emotional and financial distress for men. The article underscores the urgent need for gender neutral laws that recognizes and addresses the suffering of all victims, irrespective of gender. Drawing on international practices from countries such as UK, Canada and Australia, it highlights the benefits of inclusive legal frameworks and support system for male victims furthermore, it advocates for safeguard against the misuse of laws and the establishment of unbiased mechanism for
investigating and adjudicating cases of cruelty. The broader societal implications of ignoring male victimization including its psychological and financial impacts are to be examined. The article concludes with the call for legal reform in educational initiative and societal awareness to ensure justice and dignity of men while maintaining protection for women by addressing this critical gap. India can take a significant step towards achieving true gender equality and a more inclusive justice system.
References
Indian Journal of Community Medicine, Domestic Violence and Its Prevalence in Haryana (2024). Available at: https://www.ncbi.nlm.nih.gov/ (accessed on December 13, 2024).
Australian Bureau of Statistics, "Personal Safety Survey 2021" (ABS, 2021).
International Center for Research on Women (ICRW), Men, Masculinity, and Domestic Violence in India (2024). Available at: https://www.icrw.org/ (accessed on December 13, 2024).
Home Office UK, "Male Victims of Domestic Abuse: Annual Report 2022" (Government of UK, 2022)
Male Reproductive Health Survey, Uttar Pradesh, Patterns of Domestic Violence in India (1997). Available at: https://evaluationproject.upenn.edu/ (accessed on December 13, 2024)
Same Indian Family Foundation, Survey on Domestic Violence Against Men (2024). Available at: https://familyfoundation.org/ (accessed on December 13, 2024)
Government of India, The Protection of Women from Domestic Violence Act, 2005 (No. 43 of 2005).
Ministry of Law and Justice, Gazette of India, 14 September 2005
Ministry of Law and Justice, Gazette of India, 14 September 2005
National Crime Records Bureau (NCRB), "Crime in India 2021" (NCRB, 2022).
Government of India, Committee on Reforms of Criminal Justice System, Ministry of Home Affairs Report, 2003
Save Indian Family Foundation (SIFF), "Survey on False Allegations Under Section 498A and Domestic Violence Cases" (SIFF, 2021)
Rajesh Sharma v. State of Uttar Pradesh, (2017) 10 SCC 700
Sharma R and Gupta S, "Financial Stress and Marital Conflict: A Study of Urban Indian Households" (2022) 18 Journal of Family Psychology 90
Duvvury N and Nayak MB, "The Economic Impact of Domestic Violence on Women and Families in India" (2013) UN Women Research Report
Saini P, "Misuse of Section 498A IPC: A Critical Analysis" (2018) 60 Journal of Indian Legal Studies 34.
Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273



