India’s Legal and Social Bias Against Men: An Unaddressed Crisis

Dr. Akheen Pal

In recent years, India's socio-legal framework has increasingly come under scrutiny for its inherent biases against men. While the global discourse often focuses on empowering women, the challenges faced by men are rarely acknowledged, let alone addressed. A closer look at data from the National Crime Records Bureau (NCRB), National Family Health Survey (NFHS-5), judicial verdicts, and real-world examples paints a troubling picture of systemic neglect and discrimination against men. These biases undermine the principles of natural justice, which are meant to ensure fairness and equity for all, regardless of gender.

Alarming Suicide Rates Among Indian Men

One of the most stark indicators of the mental and social burden on Indian men is the disproportionately high suicide rate. According to NCRB data (2021):

- 70% of all suicides in India are committed by men.

- This translates to over 100,000 male suicides annually.

The most commonly cited reasons include financial stress, familial disputes, and societal expectations. The stigma surrounding male vulnerability further exacerbates the situation, as men are less likely to seek mental health support due to fears of being ridiculed or labeled as weak.

The World Health Organization (WHO) also recognizes that suicide is a leading cause of death among men worldwide, and India reflects this trend alarmingly. Without social support mechanisms or legal protections, many Indian men silently shoulder immense psychological pressure until it becomes unbearable.

Misuse of Section 498A: A Case of Legal Terrorism

One of the most controversial sections in Indian law is Section 498A of the Indian Penal Code (IPC), introduced to protect women from dowry harassment and domestic cruelty. While its intent is commendable, the misuse of this provision has been acknowledged by multiple courts, including the Supreme Court of India.

- In the landmark case of Arnesh Kumar v. State of Bihar (2014), the Supreme Court termed the misuse of Section 498A as "legal terrorism" and directed the police to refrain from automatically arresting accused persons without proper investigation.

- The NCRB (2021) data highlights that over 85% of cases filed under Section 498A end in acquittals, indicating a significant abuse of the provision.

False allegations not only tarnish the reputation of innocent men but also waste judicial resources and undermine the credibility of genuine cases. Men accused under 498A often face immediate arrests, loss of employment, and irreparable emotional distress, even before the case reaches trial.

Example: A businessman from Delhi was falsely accused of dowry harassment by his estranged wife. Despite proving his innocence after a prolonged legal battle, he faced financial ruin and emotional trauma that disrupted his personal and professional life.

Family Laws and Alimony: A One-Sided System

India’s family laws, especially those governing divorce and maintenance, are heavily skewed against men.

1. Alimony and Maintenance:

- Courts often order men to pay alimony or maintenance to their wives, irrespective of the circumstances leading to the divorce.

- There are instances where financially independent or professionally qualified women have been awarded hefty maintenance amounts, leaving men financially drained.

2. Child Custody Bias:

- Child custody laws in India heavily favor mothers, with fathers being reduced to mere visitors in their children's lives.

- Under Section 6 of the Hindu Minority and Guardianship Act, the mother is the natural guardian of a child under the age of 5, depriving fathers of equal rights during critical early years.

- Even in cases where the father is more capable of providing a stable upbringing, custody is seldom granted to him.

Example: In a 2020 case from Maharashtra, a father fought for custody of his daughter after his wife abandoned the family. Despite clear evidence that the mother was negligent and disinterested, the court granted her custody, allowing only limited visitation rights to the father.

Domestic Violence Against Men: An Ignored Reality

While women are legally protected under the Protection of Women from Domestic Violence Act (2005), there is no corresponding legislation to address domestic violence against men. Surveys and reports suggest that men, too, face physical, emotional, and financial abuse from their spouses, but their experiences are often trivialized.

- A study conducted by Save Indian Family Foundation (SIFF) revealed that over 50% of men surveyed reported facing domestic abuse.

- Men hesitate to report such abuse due to fear of mockery, lack of legal recourse, and social stigma.

Legal Vacuum: Indian laws refuse to acknowledge that men can be victims of domestic violence, depriving them of any legal remedy. This stands in violation of the principles of equality and natural justice enshrined in the Indian Constitution.

Male Vulnerability in Workplace Sexual Harassment Laws

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 aims to protect women from harassment at the workplace. However, the law fails to provide similar safeguards for men who may face harassment.

- Men accused of harassment are often presumed guilty without proper investigation, while their complaints of harassment are seldom taken seriously.

- The absence of gender-neutral workplace laws leaves men vulnerable to false accusations or exploitation by malicious colleagues.

Male Sexual Abuse: A Taboo Subject

Another area of systemic neglect is male sexual abuse. Indian laws, including those under the IPC, do not recognize men as potential victims of sexual assault or rape. Section 375 of the IPC defines rape in a way that excludes male victims entirely.

- Studies have shown that male sexual abuse occurs in both childhood and adulthood, but societal stigma prevents victims from coming forward.

- The lack of legal acknowledgment forces male victims to suffer in silence, further perpetuating their trauma.

Bribery, Corruption, and Institutional Bias

The legal and governmental systems in India are often riddled with bribery and corruption, which compound the challenges men face when seeking justice. Legislative bodies and administrative institutions frequently fail to provide timely or fair redressal of grievances.

- Men falsely accused of crimes like dowry harassment or domestic violence often encounter corrupt officials demanding bribes to conduct proper investigations.

- Fathers fighting for child custody or maintenance adjustments face bureaucratic delays that unfairly burden them both financially and emotionally.

Mental Health and Societal Stigma

Men’s mental health is another area that remains woefully neglected in India. Societal expectations of masculinity force men to suppress their emotions and avoid seeking help.

- A study published by Lancet Psychiatry found that Indian men are far less likely to access mental health services compared to women.

- The absence of support systems, coupled with societal ridicule, exacerbates issues like depression, anxiety, and suicidal tendencies among men.

Conclusion: Toward Gender-Neutral Legal and Social Reforms

The systemic biases against men in India’s family laws, criminal laws, and societal norms highlight a glaring violation of the principles of natural justice. Men are disproportionately burdened with alimony, denied custody of their children, and left defenseless against false accusations and domestic abuse. At the same time, their struggles with mental health and sexual abuse remain unacknowledged.

Recommendations for Reform:

1. Gender-Neutral Laws: Amend laws like Section 498A, domestic violence provisions, and workplace harassment laws to ensure gender neutrality and prevent misuse.

2. Recognition of Male Victimhood: Introduce legal protections for male victims of domestic violence, sexual abuse, and harassment.

3. Judicial Oversight: Implement stricter guidelines to prevent arbitrary arrests and ensure fair investigations in cases of dowry harassment or similar accusations.

4. Support Systems: Establish mental health programs and support groups specifically tailored to address men’s issues and encourage help-seeking behavior.

5. Child Custody Reform: Ensure custody laws prioritize the child’s welfare while giving fathers equal opportunities for guardianship.

Addressing these issues requires a shift in both societal perceptions and legal frameworks. Men’s challenges are real and deserve the same attention and action that women’s rights movements have rightfully garnered. True gender equality can only be achieved when both men and women are treated fairly under the law, ensuring justice, dignity, and support for all individuals in society.