Domestic Violence Laws in India: Addressing the Silent Victimization of Men in the Criminal Justice System

Abstract

Domestic violence in India has long been addressed through gender-specific legislation, primarily the Protection of Women from Domestic Violence Act, 2005 (PWDVA), which rightly recognizes and safeguards women against abuse within the private sphere. However, the legal framework has often overlooked the silent victimization of men, who, despite being less vocal, may also be subjected to psychological, emotional, financial, and even physical abuse within domestic settings. The criminal justice system, driven by a gendered approach, frequently assumes men as perpetrators and women as victims, thereby creating systemic invisibility of male victimhood. Such exclusion not only undermines the principles of equality before law enshrined in the Indian Constitution but also perpetuates stigma for men who seek redressal. This paper explores the gaps in Indian domestic violence laws that fail to recognize men as potential victims and examines the social, cultural, and legal barriers that discourage male reporting. It critically analyzes judicial precedents, statutory provisions, and comparative international legal approaches that adopt a more gender-neutral stance. The objective is to highlight the urgent need for reforms in policy and legal structures, advocating for gender-inclusive laws that address domestic violence comprehensively. Recognizing men as victims does not dilute women’s rights but strengthens the pursuit of justice through balanced, equitable, and inclusive legal mechanisms.