ABSTRACT
“Men are not the enemy here, but the fellow victims”.
-BETTY FRIEDAN
Generally, men ought to be criminals against women, but somehow this is only one side of the coin. Crime against men increased nowadays across the nation. Consistently many men face crimes such as sexual harassment, domestic violence, false charges of molestation, a false allegation of dowry on him or his family, rape, etc. Men are always seen as the offenders against women but there were certain laws to protect women from these crimes, what about men, do we have any laws in support of men? Crimes against the men were consistently standing out as truly newsworthy around the world, regardless of whether sexual abuse, molestation by the office female employee, raped or even the wrong dowry chargers were on him and his family, etc. What about their right to equality? what about their life and personal liberty? All the offenses committed against women can also happen to men, which are also crimes against society. However, crimes against the men were hardly reported it is often said that India has been a male-dominated or patriarchal society in nature. society always thinks that men are the perpetrators and should be punished, we have always raised our voices for women’s rights and equality, and now it’s high time to stand for men for their rights and equality.
INTRODUCTION
We discuss victimization, and the focus often centers on women as victims. we never thought that men could also be victims of sexual assault, domestic violence, false charges of dowry, and wrong requests. Men were always seen as the offenders of women, but we have never seen women as their offenders. While this attention is critical, it is equally essential to acknowledge that men can also be victims of various forms of abuse. Male victims often were minimized as compared to women but they also have the right to be recognized as the victims.
Our society’s culture is based on the masculine manner, where men are treated as leaders with strength, courage assertiveness, and independently managing the state matters, but they can’t be seen as the victims.
Men were victims of various offences of violence abuse etc., but our society only recognized men as the offenders. It’s essential to identify victimhood is not based on gender, both men and women can face the same kind of abuse, harm, or violence, regardless of their gender identification as male or female.
- Domestic violence: nowadays men are victims of domestic violence, including physical, emotional, and mental from their intimate partner or wives. This can affect anyone regardless their gender.
- Sexual assault: men were always seen as the criminals of sexual assault, harassment, and rape but we never thought that they can experience same from the men as well as women. In today’s world men also face all these types of assault in the relationship or acts done by any stranger, men are also not as safe in this world as women
- Child abuse: boys and male children are the victims of child abuse and maltreatment. which creates physical and mental effects on them and affects the future
- Human trafficking: men can be the victims of human trafficking, including both forced labor and sexual exploitation. They can be trafficked domestically or internationally.
- Stalking men can also experience stalking, which involves unwanted and persistent attention from individuals who may pose a threat to their safety and well-being.
- Cyberbullying and online harassment men can be victims of cyberbullying and online harassment, which can have serious emotional and psychological consequences
- Workplace harassment and discrimination Men can experience parament or online harassment, in the workplace, including sexual harassment or bias based on gender, race, or other factors
It’s important to promote awareness of the fact that men can be the victims same as women, they also need support and resources for male victims and make sure that laws and policies protect all individuals ignoring their gender. We need to recognize the diverse experiences of the victims, not their gender, it’s crucial for addressing and preventing violence and abuse in society. Support services and organizations that specialize in helping male victims of violence and addressing and preventing violence and abuse in society. some services and organizations that specialize in helping male victims of violence and abuse are available to provide assistance and resources.
RESEARCH AIM –
The purpose of this study is to give the idea that men are not only offenders, but they can also be victims too and in the same proportions as women, and about the gender-based rules that only favor women, No person should be deprived of law because of gender.
Scope of research
The scope of this research paper is limited to the offenses against the men. And about the hoe, the Indian penal laws were biased towards women factors which prevent them from reporting such offenses, and how they can be improved.
Research Methodology
The sources of collection of data are secondary. It mainly includes online websites articles blogs and sections on Indian laws.
Domestic violence
As defined under section 3 of the Domestic Violence Act,2005 -domestic violence is any act that causes bodily pain or endangers, injures, or causes harm, whether physical or mental, to the aggrieved person assault, unlawful force whether physical abuse, sexual abuse, verbal abuse economical abuse. It is a heinous act to violate human rights. any person who goes through this faces emotional, physical, and psychological trauma
Domestic violence often comes with the Indian mentality that it only happens to women. there was a misconception that men couldn’t face domestic violence because they were men, just like the movie dialogue ‘MARD KO DARD NAHI HOTA’ but that’s not true men often face domestic violence by their wives or intimate partners. According to research, one out of nine men has faced domestic violence but didn’t report it because of society aadmi ho kaebiwi se pit gaya because there aren’t many remedies available for them. Men reported being perpetrators of domestic violence with 22% reporting some form of physical domestic abuse, 17% sexual, 59% psychological, and 59.5% any form of domestic abuse[1].
Gender bias rules
When it comes to the protection of men our laws show discriminatory behavior towards men and favor women at large. It is never regarded that domestic violence can be faced by anyone regardless of their gender. According to section 498A of IPC, only a man can be liable for domestic violence to his wife. This section does not even provide any provision that makes women liable for the same, they even have the women’s protection laws, Domestic Violence Act which mainly deals with the violence against women by their husbands or their family members and punishes them, but these remedies often misused by the women falsely accusing their husband or his relative for the domestic violence which destroy their life and social status.
Because of these gender bias laws and social pressure men didn’t file domestic violence cases against their wives.
Sexual offence
Crime against women is common in today’s world and the reason for this increment is men, but have you ever thought about the crime which was taking place against men nowadays? But they were buried by the society as it never happens. Domestic violence and sexual harassment were the crimes which were mostly happened against women but as the evolution was taking place, these crimes not only happened to women but also men, this is most shocking because the ones who are considered criminals are known to become the victims, not only this but they were rapidly increasing in the past few years. But some specified laws only deal with women’s laws such as the Women’s Protection, domestic violence act, dowery act rape provision act which provide them justice and punished the wrongdoer. But when it comes to providing justice to men there were no such laws mentioned, even some sections of IPC provided the provision related to men but not specific to them.
Recently in 2023 news come from Jalandhar, Punjab, about a man being gang raped by four women who were in their 20s, they kept him hostage for 11 hours and repeatedly raped and drugged him. His wife pressured him not to file a case against it. Incidents like this are not common in today’s generation here male children face sexual assault in their childhood same as girls, it is just that our society is based on masculine culture. In this generation, men were equally unsafe as women, but there were penal laws that came to the protection of women, but men didn’t have many.
Indian law on rape
Rape; Section 375 of the IPC defines rape as sexual intercourse with a woman against her will, without her consent, by coercion, or misrepresentation. or fraud or at a time when she has been intoxicated or drugged which is of unsound mental health and in any case, if she is under 18 years of age. Acc. to this definition, it is assumed that only men can rape women, they can’t be raped by women, and when women rape them it’s not a rape but a perpetrator.
Penetrative sexual assault: Section 377 of IPC defines that whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. This section talks about the protection for man but it’s not sufficient for them.
Sexual harassment section 354A of Pick covers sexual harassment which involves unwelcome sexual advances, making sexually colored remarks, or any other unwelcome conduct of a sexual nature, this protects both men and women victims
Sexual assault section 354 of Pick deals with offenses like molestation and assault with intent to outrage modesty, it applies to both male and female victims.
Child sexual abuse [POCSO Act]: The Protection of children from sexual offenses act 2012, is gender-neutral and it provides protection to boys and girls from sexual offenses.
Vishakha guidelines: laws and regulations of sexual harassment at the workplace were established by the Vishakha case, which are applicable regardless of gender.
It’s essential to recognize male as survivors of sexual offenses may face unique challenges, which involves societal pressure and underreporting due to fear of shame. Encouraging awareness, providing support services, and creating a safe and nondiscriminatory environment for them are critical steps to be taken against sexual offenses done to them in India.
The legal framework continues to evolve for better protection of all victims, irrespective of their gender, and provides the specific needs
False allegations about males in India
False charges against males: false charges against men in India have been increasing nowadays, such allegation destroys the life of innocent men in seconds, they are humiliated in society, and lose their goodwill, honor, jobs, etc. just because of false accusation, this not only affects them but their families too. It’s important to note that not all accusations are false, each case is evaluated individually based on the available evidence and circumstances.
Here are some common types of false charges that can be filed against males in India
- False Dowry harassment case False dowry harassment or dowry-related charges are brought against husbands and their families by women as the result of disputes within a marriage. These charges can include Section 498A of the Indian Penal Code (IPC), which deals with cruelty by husbands or relatives
- False accusation of dowry: Accusations of domestic violence, including physical abuse, emotional abuse, or harassment within a family, can be falsely made against men, particularly in cases involving marital discord or property disputes and even because of the difference in the marriage.
- False Rape Allegations: rape is a grave crime, false rape accusations do occur in various contexts, including personal vendettas, disputes, or even cases involving consent disputes this also involves women accusing their living relationship partner of rape.
- False Allegations of Sexual Harassment: In workplaces and educational institutions, males may face false accusations of sexual harassment, which can harm their professional and personal reputation.
- False Charges of Harassment and Stalking: Allegations of harassment, stalking, or cyberbullying can be falsely made, often in the context of personal disputes or relationship issues.
- False Allegations in Child Custody Cases: In cases involving child custody disputes following divorce or separation, false allegations of child abuse or neglect may be raised as a tactic to gain custody or visitation rights.
- False Claims of Dowry Demand: In dowry-related disputes, men may face false allegations of demanding dowry, which is illegal under Indian law.
It’s essential to emphasize that false accusations can have serious consequences, including legal penalties for those who make false allegations, The ironic case of Vishnu Tiwari is fake However, it’s equally essential to approach these cases with sensitivity and to ensure that due process and a fair legal investigation are followed to determine the truth.
It is always advisable to consult with legal counsel when facing false charges to understand one’s rights and legal options. Additionally, alternative dispute resolution mechanisms, such as mediation, may be useful in resolving disputes without resorting to formal legal proceedings.
Suggestion
- We only consider women as the victims, but it is also important to recognize that men can be victims of various forms of offenses such as violence, false charges, discrimination, etc same as women. It’s crucial to promote awareness, support, and resources for male victims.
- When we talk about gender equality, it’s not only women but men too. We have laws that protect women from domestic, rape, and sexual offense, there are no such laws that protect men from such offenses so it’s important to make laws that are not based on gender.
- Strengthen legal protections for all victims, regardless of gender, by ensuring equal access to restraining orders, shelters, and support services.
- There should be awareness and education in society that men can also be victims of such offenses and it is normal, male victims should not be discriminated against because of their gender but should be supported to come forward and report such offenses
It is crucial to create a legal framework that provides equal protection and support to all victims, whether male or female
Conclusion
The account of victimhood evolves around women only overlooking the fact that men can also be victims of different kinds of violence, abuse, etc. in India. We know that it’s less discussed but they are equally valid and deserving of attention, empathy, and support.
This forum became a hot topic when multifaceted challenges faced by men who were the victims of domestic violence, sexual assault, false allegation, etc. It has stressed that male victims may encounter the same offense as women but because of the fear they didn’t report them. We need to understand that victimhood should not be based on gender.
Here are some cores that address the effect of male victimhood
- Awareness and Education: our society is not aware of the male victims. the increasing awareness about male victimization is essential to challenge standards and biases. Educational programs should emphasize that victimhood is not based on gender it’s regardless of gender and promote a more inclusive understanding of victimization.
- Legal Protection: our legal system shall make laws specified to protect the male victims same as women have the legal framework should deal sensitively in matters of male victims’ needs and ensure that their rights are protected. This includes robust mechanisms for reporting, investigation, and prosecution of crimes against males.
- Support Services: Adequate support services, such as counseling, legal aid, and shelters, should be available to male victims to help them heal and rebuild their lives.
- Research and Data Collection: Gathering data on male victimization is crucial to understanding the extent of the problem and tailoring support services to their needs. More research is needed in this area.
- Prevention: Prevention efforts should focus on changing social norms and attitudes that perpetuate violence and abuse. Educational campaigns should teach healthy relationship dynamics and promote non-violence.
- Cultural Shift: A cultural shift is necessary to move away from rigid gender roles and expectations, allowing individuals of all genders to express their vulnerabilities, seek help, and report victimization without fear of judgment.
In conclusion, acknowledging that males can be victims in India is essential to building a more equitable and just society. By recognizing and addressing the experiences and challenges faced by male victims, we contribute to a safer and more inclusive environment for all individuals, regardless of their gender. Through compassion, understanding, and collective action, we can strive for a society where all victims receive the support and justice they deserve.
[1] https://en.wikipedia.org/wiki/Domestic_violence_in_India