It is hard to accept the fact that men can also be the victims of domestic violence and women can be the perpetrators. There are no existing laws that protect men under the purview of domestic violence.
Recognising that a person is being abused is extremely difficult, as a lot of domestic abuse takes place behind closed doors. The four main reasons for the underreporting of domestic violence cases against Indian men are general stereotypes against males, fear of fake cases, societal and family pressure, and denial.
The social, cultural, and emotional barriers in society prevent us from recognising the victimisation of men by women.
What is the definition of domestic violence as per Indian laws?
Domestic violence can be defined as spousal abuse, family violence, domestic abuse, intimate partner violence, or intimate partner abuse, wherein the partner being abused is called the victim and the partner abusing is called the perpetrator, or the aggressor or in legal terms, the accused.
Domestic violence is important in many areas of legal doctrine, such as family law and the law of torts. However, the criminal justice system places maximum pressure on the cultural images of victimised women, making it a completely gender-biased issue wherein men are only considered the perpetrators of violence. The major causes of such violent behaviour of women include various factors like low income of the family, disparity in the education/income of the partners, jealousy, anger, gaining control and dominance in a relationship, or addiction of any kind.
A recent study conducted in India reveals that more than 50% of men experience domestic violence, be it emotional or physical, at the hands of their spouse/partners. However, this hidden aspect of domestic violence continues to be unrecognised.
Laws relating to domestic violence in India
There are several laws in India that deal directly with domestic violence, providing protection to women against such acts. The existing laws are as follows:
1. Section 80 of the Bharatiya Nyaya Sanhita (BNS) - Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage, and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for or in connection with any demand for dowry, such death shall be called dowry death, and such husband or relative shall be deemed to have caused her death, and whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
2. The Protection of Women from Domestic Violence Act, 2005 - Effective from October 26, 2006, this Act enables women to seek protection from domestic violence and financial compensation and gives them the right to live in their shared household. It not only provides protection to a woman who is married but also to a female who is in a live-in relationship from her husband/male live-in partner or relatives.
3. The Dowry Prohibition Act, 1961 - This Act defines dowry as any property or valuable security given or agreed upon for the marriage. It provides a penalty of imprisonment for a term that should not be less than five years and with a fine that should not be less than Rs 15,000 under section 3 if any person gives, takes, or abets the giving or receiving of dowry.
4. Section 498A of the Indian Penal Code - This Act provides punishment to the husband or any relative of the husband of a woman for performing cruelty on her. The term cruelty under the Act has been defined as any wilful conduct that is likely to drive a woman to commit suicide or cause grave injury or danger to life. It is further defined as harassment of a woman with a view to coercing her or any person related to her to meet any unlawful 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 and it is punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.
5. Section 125 in the Code of Criminal Procedure, 1973 - This section contains provisions regarding the maintenance of wives, children, and parents. It states that if any person having sufficient means refuses to maintain his wife or legitimate children or their parents who are unable to maintain themselves, such person shall be liable to make a monthly allowance for the maintenance of his wife, children, or her parents. It further states that if such a person fails to make the monthly allowance or does not comply with the order of the court, he shall be punished with imprisonment for a term that may extend to one month or until payment is made.
Gender-biased laws
These existing above-mentioned laws only consider women as the victims of domestic violence and men as the perpetrators. There are no existing laws that consider men as the victims of domestic violence and women as the perpetrators. Even in the divorce proceedings, the law directs a wife who is self-employed to maintain her husband who is unable to maintain himself. Such gender-biased laws must be amended, or new laws must be legislated to protect male victims from domestic violence. There must also be made available to the male victims the kind of support services that are available for the female victims of domestic violence.
Harassment faced by husbands and their families
The existing laws are often misused by women. Such false and unsubstantiated claims of abuse are made by women to fool the system and to fulfil their desired outcomes, which include minting money and taking legal custody of their children.
Such frivolous claims end up ruining the reputation of the men/husbands and their families. They are ridiculed by society, they lose their jobs, their reputation is hampered, and they are immediately taken into custody, including their parents, without carrying out any investigation. In many cases the husbands tend to commit suicide as a result of the false allegations made by their wives because they are unable to handle the pressure and shame that they get from the society because they are simply unable to deal with the procedure under the existing laws that are designed only for the protection of women.
A person is supposed to be proven innocent until guilty, but in our country a man is immediately held guilty if he is booked under a domestic violence case because men are only seen as the perpetrators.
Power of police restored by the SC in dowry harassment cases
In a judgment, namely, Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273, the Supreme Court (SC) upheld the right of the husband or in-laws to seek bail. The police were directed not to make arrests without verifying the allegations and carrying out a proper investigation. The judgment was passed expressing concern over the abuse of section 498A of the Indian Penal Code, 1860, which results in harassing the husband and his relatives by getting them arrested, including the grandfathers and grandmothers being arrested without a prima facie case.
The SC held that no arrests should be made on the basis of the offence being non-bailable and cognisable and should not be made on a mere allegation made against any person. The arrest must not be made casually, and necessary facts and reasons should be presented before the magistrate within 24 hours of making the arrest by the police officer. It was further directed that the magistrate has to be satisfied that the condition under section 41 of the Code of Criminal Procedure, 1973, precedent for making the arrest, has been satisfied, and only then the magistrate shall direct for the detention of the accused.
Effects of domestic violence on male victims
1. Health issues - Partner violence victimisation imposes certain health issues among men, whereas other health issues may result from coping with the same. According to various studies, male victims of domestic abuse have higher rates of smoking, alcohol abuse, STDs, drug abuse, anxiety, functional disabilities, depressive symptoms, asthma, and deteriorated health overall.
2. Mental Issues - Male victims of domestic violence go through low self-esteem, as a result of which their performance at the workplace suffers and which often leads to suicidal tendencies among them. Many male victims may consider seeking help from a psychiatrist, but this approach might not be effective unless laws are in place to protect men and restrain female perpetrators, similar to those already in place for women.
3. Fear of reporting - Male victims of domestic violence often hesitate to report their case to the police due to the societal perceptions that deem it unmanly for men to be assaulted by women. Consequently, many continue to suffer in silence. The reasons for the same are described in detail below.
CONCLUSION
Domestic violence against men continues to be less acknowledged and addressed compared to that against women, despite various studies indicating that men are also subject to it and both wives and husbands abuse each other in equal proportions.
The existing laws, the police, and society are biased towards the female victims of domestic violence, thereby giving no recognition to the male victims.
Domestic violence is a human issue, and it must not be treated as a gender-biased issue because every victim, irrespective of their gender, must be treated equally in society and under the law. There is no doubt that in comparison to men, women are more likely to be the victims of domestic violence, but it is not right to ignore or not acknowledge the male victims that continue to suffer in silence because of inadequate support services available for them and because of gender-biased laws.The most recent example is the hotly contested litigation between John C. Depp, II v. Amber Laura Heard (CL-2019-2911), which was a defamation litigation filed by Johnny Depp against his wife, Amber Heard, maligning his reputation and causing financial loss to him.
(The article is written by Shivalika Midha, Associate Advocate at Jotwani Associates. Views are personal.)
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