ABSTRACT
Domestic violence in India has traditionally been viewed through a gendered lens, with the legal framework primarily designed to protect women. While this focus has been crucial in addressing systemic violence against women, it has inadvertently sidelined a growing concern—the rights and recognition of male victims of domestic abuse. Indian law, particularly the Protection of Women from Domestic Violence Act, 2005, does not provide equal protection or remedies for men facing abuse within intimate or familial relationships. This paper explores the legal, social, and psychological dimensions of male victimization in domestic settings, analysing the absence of gender-neutral provisions in Indian legislation. It also examines societal stigma, under-reporting, and the lack of institutional support that further marginalizes male victims. Through comparative legal analysis and case studies, the paper argues for a more inclusive, gender-neutral approach to domestic violence laws to ensure justice and protection for all victims, regardless of gender.
Keywords: Gender, Violence, Abuse, Male, Gender-neutral, Equality, Victimization, Gender bias, Stigma, Indian law, Masculinity stereotypes
- INTRODUCTION
There has been a plethora of judicial pronouncements on dowry deaths cases ever since the enactment of the dowry prohibition law, but even the Domestic Violence Act and drastic changes introduced by the amending Acts have not been able to contain this menace, on the contrary, it is on a constant increase. In protecting the men, women, and transgender, the Indian judiciary has removed all the procedural shackles and has completely revolutionized constitutional litigations. The judiciary has encouraged widest possible coverage of the legislation by liberally interpreting the terms. The judiciary by its landmark judgments has filled up the gap created by the legislative machinery. The judiciary had extended helping hands to men, women, and transgender. The vibrant judiciary has recently exalted the dignity of men, women, and transgender by its golden judgments.
Spousal abuse is not something that is faced by only one gender. The general presumption or preconceived notions deeply rooted in society suggest that men are supposed to be strong, unemotional, and resilient. When they expose their vulnerabilities or speak out against abuse, they are often labeled with derogatory terms such as “sissy” or “effeminate.” This social conditioning discourages men from reporting domestic violence and contributes to widespread underreporting and psychological trauma.
The present research attempts to shed light on this neglected narrative. It critically examines the limitations of Indian law, particularly the Protection of Women from Domestic Violence Act, 2005, which does not extend its benefits to male victims.