By Shivalika Midha


India has been a male-dominated society for ages and continues to be the same as a result of it is hard to accept the fact that men can also be the victims of domestic violence whereas women are the perpetrators. In our country, there are various laws for women because they are mostly the victims of violence in general.


However, even though it is hard to believe that men can also be the victims, it is true and accordingly, there are no existing laws that protect men under the purview of domestic violence.


Moreover, it is extremely difficult to recognise that a person is being abused because a lot of domestic abuse takes place behind closed doors, especially when the victims are men because they are less likely to report such incidents in comparison to women.


This is because they have this fear of being embarrassed, ridiculed by society, the fear of not being believed and most importantly due to gender-biased laws and lack of available support services. Both men and women can be the victims or the perpetrators but male victimisation is hardly recognised in society. 


The social, cultural and emotional barriers in society blind us to see men being victimised at the hands of women. 


What Is Domestic Violence?


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. There are numerous definitions of the term ‘domestic violence’, some of which may describe other kinds of violent relationships such as a child or elderly abuse, however, it is most commonly applied to violence within an intimate relationship wherein the threatening, abusive or violent behaviour is exercised by one intimate partner to establish power and control over the other partner through fear and intimidation. 


Domestic violence is important in many areas of legal doctrine such as family law and tort, but 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 seen as the perpetrators of violence. It is extremely important to realise that domestic violence does not include female victimisation only, it also includes male victimisation wherein men are also abused by their wives/partners who are equally violent as men. 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. 


Although the number of male offenders of domestic violence is higher in comparison to female offenders and domestic violence usually involves men victimising women intimate partner violence can take a turn wherein women also perpetrate violence against men. 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


Various existing laws in India deal directly with Domestic Violence granting protection to women against domestic violence. The existing laws are as follows: 



  • The Protection of Women from Domestic Violence Act, 2005 – This Act was brought into force by the Indian Government and the Ministry of Women and Child Development on 26th October 2006. It was enacted to protect women from domestic violence and provide protection to women in a household from the men in their household. It not only protects women who are married but also to women who are in live-in relationships as well as their mothers, grandmothers, etc. This Act enables women to seek protection from domestic violence, and financial compensation and gives them the right to live in their shared household. 

  • The Dowry Prohibition Act, 1961 - This Act defines Dowry as any property or valuable security given or agreed to be given concerning the marriage. It provides a penalty under section 3 if any person gives, takes or abets the giving or receiving of dowry.

  • 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 willful conduct which 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 to coerce 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.

  • 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 her 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, such person shall be punishable under the said law. 


Gender-Biased Laws


The above-mentioned existing laws only consider women as the victims of domestic violence and men as the perpetrators and hence grant protection to women for the same. There are no existing laws that consider men as the victims of domestic violence and women as the perpetrators. No law protects men from being victimised at the hands of female perpetrators.


All the above-mentioned Acts are in favor of women and none recognise men as the victims of domestic violence. There does not exist any law that enables male victims to complain about their wives or in-laws. Even in the divorce proceedings, the law directs a husband to maintain his wife who is unable to maintain herself but there is no existing law that directs a self-employed wife, to maintain her husband who is unable to maintain himself.


The existing laws are gender biased as there is no acknowledgement of men as the victims of domestic violence and only women are protected under the law. 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 male victims the kind of support services that are available for female victims of domestic violence.


There is no doubt about the fact that women are abused by men at a higher rate but in no way does that imply that men cannot be the victims of domestic violence and accordingly laws must be made or amended in their favor as well. 


Harassment Faced By Husbands And Their Families


The existing laws that are made for the protection of women from domestic violence are very often misused by women as there are increasing numbers of inaccurate and false claims of domestic violence made by them. Such false and unsubstantiated claims of abuse are made by women to fool the system and to fulfill their desired outcome which includes minting money and the 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 society, and their relatives and 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 and despite the increasing number of false cases men will always be found guilty by the society and under the law until they are proven innocent.


It is the general perception of society to see men as the prime accused of domestic violence and our society will continue to fail to give recognition to the male victims of domestic abuse. 


Power Of Police Restored By Supreme Court In Dowry Harassment Cases


In a recent judgment namely Arnesh Kumar vs State of Bihar (2014) 8 SCC 273, the Supreme Court upheld the right of the husband or in-laws to seek bail and the police were directed to not make arrests without verifying the allegations and carrying out proper investigation. The judgment was passed expressing concern over the abuse of section 498A of the Indian Penal Code (subjecting a married woman to cruelty) 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 Supreme Court held that no arrests should be made based on 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 arresting by the police officer. It was further directed that the Magistrate has to be satisfied that the condition under section 41 of CrPc precedent for making the arrest has been satisfied and only then the Magistrate shall direct for the detention of the accused.  


The Court restored the power of police to make sure that the police will act with caution in the said cases. The court also directed the Director General of Police in the states to ensure that investigating officers probing offences under Section 498A should be imparted rigorous training with regard to the principles stated by the top court relating to the arrest made in such cases.


Effects Of Domestic Violence On Male Victims



  • 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. 

  • 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. A lot of those male victims might consider approaching a psychiatrist which might or might not help them unless there exists a law to provide protection to men and restrain the female perpetrators exactly like existing laws for women. 

  • Fear of reporting – The male victims of domestic violence are afraid to report the same to the police because according to society it is very unmanly of them to be beaten up by women a result of which they continue to suffer in silence. The reasons for the same are described in detail below. 


Reasons Why Domestic Abuse Faced By Men Goes Underreported


There are several reasons leading to the under-reporting of domestic violence cases by men. The 4 most common reasons why domestic violence cases against Indian men go unreported are general stereotypes against males, fear of fake cases, societal and family pressure, and denial.



  • General Perception of the society - In a male-dominated society men feel that it is shameful to be beaten by women and they fail to report the violence subjected to them. The first and foremost significant reason is the general stereotypes against men which involves the common perception about men, ‘Mard ko dard nahi hota” (Men do not feel pain). In our society, men feel ashamed to open up and talk about being victims of domestic abuse/violence because of being judged by society and will be labelled as “Na-mard”. They continue to suffer in silence because it is very hard for them to open up in the kind of society we live in and for once even if they would consider telling someone about it, at the back of their mind they know that their struggle against violence might go in vain due to the gender-specific laws prevailing in our country. Various studies show that while women are more likely to consider committing ‘suicide’, however, the fact is that more men die of ‘suicide’ due to continuing domestic violence emotional/physical. 

  • Fear of fake cases/ not being unbelieved - Secondly, the male victims fear that they won’t be believed by the police because the police might think that they are reporting the violence because they might be the perpetrators and not the victims and they might themselves get arrested. Societal and Family Pressure - The pressure imposed by the families of the male victims to adjust hoping one day things might get better, leaves them with no other option but to not voice their opinion and continue to suffer in silence. This family pressure that their name will be destroyed is not just the case with male victims, it is the case with both female and male victims. The society and the families of the victims should not pressurise them to keep adjusting with their very own perpetrators, rather they should pressure them to raise their voices against the violence faced by them. 

  • Denial - Being a male-dominated society and a stigma attached to the same, men remain in denial mode while being subjected to domestic violence by their partners/spouse/family. They fear that if they come out or disclose the same, it may not only affect their reputation in society but also their families.


Less Acknowledged, Less Addressed


Domestic violence against men continues to be less acknowledged and less addressed in comparison to that against women, even though various studies have indicated that men are also subject to domestic violence and that 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 only because men are more likely to abuse women in comparison to women abusing men. 


Domestic Violence or intimate partner violence is a social and public issue as well and it is a violation of human rights wherein men are treated as the primary perpetrators and women as the primary victims. However, little recognition has been given in recent times to male victims of domestic violence who experience violence at the hands of their female partners. 


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 who continue to suffer in silence because of inadequate support services available for them and because of gender biased laws. 


Even men are emerging as the victims of domestic violence at the hands of their female partners as a result of which Gender neutral laws are the need of the hour. Male victimisation has increased in recent times which calls for immediate recognition and taking action against the female perpetrators. 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.


Therefore, gender-neutral laws are the need of today and must be addressed by the Governments urgently. Justice must be served to each and every person, irrespective of their caste, creed, religion and most importantly gender. 


(The author is an Advocate Associate at Jotwani Associates)


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