Are Indian laws biased against men? Yes. Everyone on this planet has been seen talking about equality, but yet there are no laws to protect and give justice to men. Indian Constitution and laws are made in the favour of women.
Yes, there was a time when women needed these laws to protect themselves. They still do, but some women take advantage of them. If a man does something wrong to a woman, several laws serve her justice. Even Indian police will make decisions in favour of women. Are Indian laws biased against men? This question arises when we see cases where men have to prove their innocence despite being victims themselves.
The accused is frequently assumed guilty until proven innocent. When a woman presses fake charges against a man, his career and reputation are destroyed. He has no option but to prove himself innocent. Not only does the man face humiliation and trauma, but his family also automatically becomes involved in these cases.
Are Indian laws biased against men? Consider the tragic case of Subash Atul, a Bangalore-based AI engineer. He became a victim of this situation. His wife imposed false accusations on him, such as domestic violence, harassment, dowry, and even murder. She didn’t stop there and asked Rs. 3 crore to settle the case. Despite seeking assistance from law enforcement, Atul was unsuccessful. He couldn’t bear it anymore and ended his life. He even left a 24-page suicide note and an 8-minute video where he mentioned all the fake allegations his wife Nikita and her family made against him. Not only Nikita and her family are responsible for his death, but also our failed justice system, which was not able to provide justice for Atul.
Injustice of the Indian Penal Code (IPC)
The Indian Penal Code is the main criminal code of India. It lists all the cases and punishments that a person committing any crime is liable to be charged with, and it covers any Indian citizen or person of Indian origin.
Under the code, every person who has committed a crime or done something wrong in the eyes of the law is liable to punishment. However, this code has provisions that often favour women, assuming men are the perpetrators. This raises the fundamental question: Are Indian laws biased against men? Women and men commit crimes, but our legal system disproportionately shields women while holding men accountable.
The IPC has plenty of injustices, but we will discuss only the major anti-male provisions of the IPC:
Section 304b: Dowry Death
Feminists have made the word ‘dowry’ automatically related to ‘death’. When we hear ‘Dowry’, most imagine a woman crying and being harassed by her in-laws and husband. It is believed that if a married Indian woman has died, an unnatural death is because of dowry.
According to this section:
- If the death of a woman is caused by burns or, bodily injury, or any other abnormal circumstances.
- If she died within seven years of her marriage
- If it has been provided that she has been subjected to cruelty or harassment by her husband, or any of his relatives, for, in connection with the demand for dowry
-such husband, or relatives, shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
This section is non-bailable, non-compoundable, and cognisable offences in India.
It has become commonplace to assert that dowry harassment has caused all women to commit suicide. Under these sections, even if the allegation is false, the husband faces trial and is presumed guilty until proven innocent. Prosecution is thoroughly unjustified in as many as 44% of these cases. These charges have serious consequences because the accused husband and usually family members are arrested.
Section 498a: Cruelty Against Women
This section stipulates that if it is proven that a married woman has been subjected to cruelty and harassment by her husband or any of his relatives, the husband or relatives will be punished with a maximum sentence of three years in prison and a fine.
For the purposes of this section, “cruelty means”—
- Any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman;
- Harassment of the woman where such harassment is intended 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
The clear intention behind these sections is to fasten guilt on the husband or in-laws, though they might not have caused the death or injury.
Each year, married men commit suicide at double the rate of women, often due to verbal, emotional, economic, and physical abuse from their wives and in-laws.
The following recommendations are put forth to reduce the misuse of these sections:
- One of the most significant questions worth discussing is whether these laws are effectively helping to reduce the issues of dowry and cruelty against women. Is legal action the solution for all women poorly?
Whether or not there is such “women-empowering” legislation, those who oppress women still do it. What we require is a social change, more than a legislative change.
- Section 304B of the Code, as mentioned above, is merely a gender-biased repetition of the earlier sections about murder and aiding and abetting suicide. Therefore, it is necessary to either repeal this section or amend it to make it gender-neutral. Specifically, the word spouse must be used instead of husband and wife.
- The burden of proof should rest with the complainant rather than the accused. This aligns with the Universal Declaration of Human Rights, which states that everyone charged with a criminal offence has the right to be presumed innocent until proven guilty. The offences could be made bailable and compoundable to support this principle further.
- Women and their families who file such false complaints must be severely penalised, either by fine, imprisonment, or both.
Section 375: Rape
A man is said to commit “rape” if he rapes a woman under any of the following seven descriptions:
- Against her will.
- Without her consent.
- With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or hurt.
- With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
- With her consent when she is incapable of understanding the nature and consequences of what she is consenting to at the time due to intoxication, mental instability, or any stupefying or unwholesome substance by him or another person.
- With or without her consent when she is under eighteen years of age.
- When she is unable to communicate consent.
According to Section 375 of the IPC, you have to be a man to rape officially and a woman to get raped officially. The current legal framework does not recognise men as victims of rape. Even in cases where a male attacker assaults a male victim, such incidents are not classified as rape. The law fails to differentiate between consensual and non-consensual sexual acts involving adult males. Additionally, when the perpetrator is female, male victims have no available options to pursue justice.
The Criminal Law (Amendment) Ordinance, 2013 originally proposed that the crimes of rape and sexual harassment be treated as gender-neutral. The term “rape” was completely removed and replaced with “sexual assault.” However, this change faced strong objections from women’s groups, leading to the eventual decision to make the offences of rape and sexual harassment gender-specific once again.
Feminists have put forward various arguments to support this distinction, such as the notion that men are not as vulnerable as women, the stereotype that men always desire sex, the belief that women are incapable of raping a man and that men are not affected by rape in the same way as women.
Crimes such as rape and murder do not discriminate based on age, caste, skin, colour, nationality, gender, or sexual orientation. Rape occurs across all extremes of age, sex, and geographical boundaries.
It is essential to recognise and accept that men can also be victims of rape and physical abuse. They deserve the same level of protection from these heinous crimes as women do.
The definition of rape needs to be reevaluated, and sexual assault should be classified based on the various degrees of harm caused by each incident, with clear and comprehensive definitions for all types. Prioritising one kind of rape over others in the name of protecting women from counterproductive.
Rape Laws are one of the best example where one can question Are Indian Laws biased against men? Both women and men, along with people of other genders, must unite and speak with one voice to create a culture that actively opposes rape.
Section 354: Assault or criminal force to woman with intent to outrage her modesty
Under this section, whoever assaults or uses criminal force on any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to a fine. However, there is no law in place to protect a man’s modesty.
There are cases where women bully men and are not prosecuted because the country’s laws do not safeguard men from such actions. The laws detail various forms of unwelcome advances, pornography, sexual remarks, and favours that undermine a woman’s dignity, making these offences punishable with rigorous imprisonment and fines. It seems that men’s dignity holds little value in the eyes of the legislators. In one of the most successful provisions, stalking a woman against her will is now illegal and carries a harsh penalty of at least three years in prison.
The situation has gotten so bad that if a man in a packed bus unintentionally touches a woman and objects even a little, the man will unavoidably provoke public outrage from other passengers without even having an opportunity to defend himself.
Section 125: Order for Maintenance of Wives, Children and Parents
Maintenance in law is defined as the amount that is paid to the dependent wife, child, or parents to maintain themselves. The amount can be paid either by doing one lump sum payment or in monthly instalments. The term should not be interpreted too narrowly as just encompassing food, clothing, and shelter. It also encompasses various means of sustenance, provision of essentials, help, support, and assistance that an individual requires for their livelihood. This varies depending on the individual’s status and situation.
But why does this law provide injustice to men? Women should also be held liable to pay maintenance to their husbands in cases where they are not capable of maintaining themselves, thus demanding gender equality in all maintenance laws.
Under the Marriage Amendment Act (2000), a woman is to be paid maintenance after her divorce from her husband; at times highly educated women tend to hide that they are currently employed, nevertheless still demand maintenance. If not provided, then the husband can face criminal accusations.
It has been argued that Section 125 of the CrPC should be declared unconstitutional for violating Article 14, as it places the burden of providing maintenance solely on men.
Need for Gender-Neutral Legal Reform
There were times when women needed feminism, but now it has become cancer. Women have equal rights and opportunities, even more than men. Many women use the above-mentioned laws and more to seek revenge from men and their families. According to some people, feminism means equality.
If all the laws will protect women, are Indian laws biased against men? It is already established by some fake feminists that men don’t need laws to protect them, as they are the ones women need protection from. The image of men at present is seen as a predator, torturing and harassing women.
We need to ask ourselves and society:
- Is it justified to safeguard one gender at the expense of the other?
- Are we truly assisting women through these pro-women regulations?
- Or are we preventing both women and this nation by constantly suggesting that they are weak and therefore require these additional advantages?
- How does disadvantaging men support the empowerment of women?
We need to create a society that is equal for both men and women. Legal help should be provided to both genders. Creating a gender-neutral approach in laws like the Domestic Violence Act would allow male victims of domestic abuse to access protections without impacting anyone’s rights.
Steps to Achieve Gender-Neutrality
- Overcoming Gender Bias: We need to recognise that crimes can be committed against men, that men also experience suffering, and that women can be perpetrators as well. A change in our mindset is essential! The socialisation process in Indian society is so entrenched in sexism that it blocks our ability to accept that men can also be victims of violence. The education we provide to our children should be based on the principle of equality rather than on differences.
- Equality in Education: Education should be equally provided to both genders and they should be taught gender equality. Especially law schools and legal institutions should provide complete knowledge for a better future for all. Students will understand the importance of gender equality in laws and other aspects and will become advocates for change.
- Challenging Societal Norms: As a society, we need to cultivate gender sensitivity and foster respect and understanding towards the opposite sex. It is important to realise that uplifting one group should not come at the expense of oppressing another. It would be hypocritical to proclaim equality as a fundamental right while enacting laws that disadvantage men. The notion of ‘Abala Nari’—the idea of women as helpless victims—no longer holds true. Women have made significant progress and, in many ways, are not falling behind in today’s circumstances.
- Gender-Neutral Laws: The legal system can be compared to a balanced scale. Just as a scale must be level for fair weighing of items, laws must ensure that both genders are equally protected and treated justly. If one side becomes too heavy, it risks tipping the balance, creating unfair advantages or disadvantages. Just as we wouldn’t accept a scale that weighs one side’s concerns, we shouldn’t have laws that favour one gender over the other.
- LGBTQ+ Rights: If we really want to establish a gender-just society, we need to recognise LGBT rights as well. This will ensure both legal justice and societal inclusion of all communities.
- Understanding of Crime Has No Gender: We need to understand that crime has no gender. Both men and women commit crimes for the same reason and shall be equally liable for equal punishment. Victims of the crime, regardless of their gender, should be provided justice.
Conclusion
It is abundantly clear that significant progress remains to be made to attain genuine equality and justice for every individual. The persistence of gender biases, whether they manifest in overt ways or are subtly ingrained within societal norms, deeply undermines the foundational principles of fairness and impartiality that are crucial to the very essence of the Indian Constitution. These ingrained biases not only affect individuals on a personal level but also compromise the integrity of the legal system as a whole.
By uniting our voices and actions, we can create powerful advocacy for gender-responsive justice.
Thank you for reading my article- Are Indian laws biased against men? Legal Discrimination & Gender Bias Explained.