Gender-biased laws often result in unintended consequences, particularly for men in India.
The gender bias in law indicates that equality is about ignoring men’s rights. This blog explores how gender bias in law has impacted men’s lives, highlighting why it’s essential for the Indian legal system to consider men’s rights.
The laws have been framed in ways that largely overlook male experiences and issues, assuming that men are typically perpetrators rather than victims.
How Gender-Biased Laws Are Affecting Men
Section 69 of the Bharatiya Nyaya Sanhita (BNS)
BNS 69 Section affects men by imposing harsh punishments in instances of alleged sexual misconduct. Women in live-in relationship filing cases of sexual harassment, many women using this law for sextortion. The law leads to arrests on mere statement of woman and without thorough investigations. In the women related issues, the accused men are treated presumed guilty until proven innocent. This provision seems intended to harass men which has led to numerous cases of misuse, where men are falsely accused, facing severe reputational and financial damage. The stringent nature of Section 69 leaves little room for defending against false claims, leading to emotional, social, and legal challenges for men who may be unjustly targeted
Domestic Violence and Limited Protections for Men
The Protection of Women from Domestic Violence Act (PWDVA), 2005 fails to recognize men as potential victims of domestic violence. This creates a situation where men facing verbal, physical, or emotional abuse have no way to seek protection. Male victims often face societal disbelief and stigma when they attempt to share their experiences, further compounding the abuse. This lack of legal recognition not only isolates male victims but also fosters a culture where their suffering is disregarded.
The Misuse of IPC Section 498A or Section 85 of BNS
Section 498A of IPC or Section 85 BNS, misuse of the said law was seen once in 98 percent of the cases. Men and their families are often subject to arrests, long lasting legal battles, and social alienation without sufficient evidence. The high rate of acquittals in 498A cases shows that many accusations lacks the merit but the husband and his kins have to run the courts for years for justice.
This misuse of process of the law in dowry harassment cases has become a tool for harassment, causing financial and emotional strain on innocent men and their families.
Bias in Divorce and Custody Cases
In family courts, fathers often face an uphill battle when seeking custody or joint parenting of their children. Indian courts traditionally view mothers as the primary caregivers, often granting them custody while allowing fathers limited visitation rights. This can severely limit a father’s role in his children’s lives, even when the father has a strong relationship with the child.
Fathers are required to pay alimony or child support without considering the emotional toll of being separated from their children or the financial imbalance that may exist in some cases.
Mental Health and Social Stigma
Gender-biased laws do more than create legal challenges for men; they also contribute to a culture where men’s mental health is ignored. Men are often expected to remain resilient, facing societal judgment if they express vulnerability. In cases of domestic violence or divorce, men are left without support networks, leading to isolation and emotional distress. The strain becomes unbearable, as seen in the high rates of suicide among men in India.
Importance of Gender-Neutral Legislation
To achieve equality in true sense, India must consider gender-neutral legislation that protects individuals based on their specific circumstances rather than generalized assumptions. Gender-neutral laws would allow both men and women to seek justice without fear of bias, ensuring that victims receive support regardless of gender.
Men’s rights in India
Men’s rights in India are often overshadowed by a legal system that presumes men as perpetrators. To move toward genuine gender equality, the Indian legal system must address these biases and create protections that serve everyone fairly. By implementing gender-neutral legislation, India can foster a more inclusive and supportive society, one where the legal system respects the rights and needs of all individuals equally.
