Introduction
The rights debate in India has been mostly centered around women, children, and weaker sections empowerment. As necessary and commendable as it is, the legal discussion has generally overlooked one fundamental aspect — men’s rights. In recent years, there is an increasing body of opinion foregrounding the issues of abused gender-biased laws as well as denial of judicial recourse to men. This essay shall critically examine Indian law from the perspective of the men’s rights and assess whether the law is a real watchdog for men in the modern world or not.
Historical Context and Gendered Law making India’s legal system, inherited to a large extent from colonial institutions, was premised on a patriarchal vision of society where men were presumed to be the offenders and women, the victims. Laws were therefore passed to safeguard women from structural violence and discrimination. Various womancentered laws have been passed over time — Section 498A IPC (cruelty of husband or his relatives), Protection of Women from Domestic Violence Act, 2005, and sexual harassment laws, etc. Though these legislative acts dealt with valid social concerns, they were both written under the assumption of male culpability and hence effectively eliminated the possibility of male victimization or female aggression by default. Challenges Faced by Men under Indian Law
Section 498A of the IPC: Though designed to protect women from cruelty by in-laws, it has been criticized for being misused in matrimonial disputes. The Supreme Court of India in Rajesh Sharma v. State of U.P. (2017) acknowledged this misuse and called for safeguards against arbitrary arrests.
Domestic Violence Act, 2005: This Act only protects women and offers no legal recourse to men who are abused in domestic relationships. Men’s rights activists have been demanding a gender-neutral domestic violence legislation for quite some time.
Sexual Harassment and Rape Laws: The Section 375 IPC definition of rape is male-focused. While there has also been reported occurrence of rape against men, male rape victims are not defined by law under the Indian Penal Code.
Child Custody and Alimony: There is a strong predisposition in the direction of mothers in divorce and custody of children. Children are removed from their fathers and sustained at his expense even if the accusations against them are unsubstantiated.
Lack of Institutional Support: In contrast to the National Commission for Women (NCW), there is no statutory organization in India that is legally obligated to address men’s issues. Groupings such as the Save Indian Family Foundation (SIFF) have filled the gap to some extent, but without the official patronage or endorsement of the state.
Judicial Recognition and Emerging Discourse Indian courts have gradually started acknowledging men’s issues. Remarks in cases like K. Prema S. Rao v. Yadla Srinivasa Rao show a demand for equality. Some judges have pointed out gender-neutral laws, particularly in domestic violence and sexual harassment. Judicial sympathy is not a replacement for statutory protection,
however. Need for Legal Reforms Gender-Neutral Legislation: Domestic violence, sexual harassment, and rape laws need to be gender-neutralized to capture male victims. Penalties on False Allegations: Adequate provisions and implementation measures should be robust enough to penalize false allegations. Statutory Bodies for Men: Constituting a National Commission for Men to settle complaints and policy issues.
Sensitization and Awareness: Judicial education needs to incorporate modules related to men’s rights and gender-neutral justice. Conclusion Although Indian law has proved to be an effective weapon in safeguarding and empowering women, its reluctance to take into account issues concerning men is doubtful, considering the fairness and equality of our judicial system. An absolutely egalitarian society cannot but recognize that gender-based protection cannot be interpreted as a request for gender-based discrimination. The Indian legal system must undergo a change to cater to the real needs of men so that justice is not a right, but an entitlement — regardless of gender.
