Abstract
Though often seen as a crime against women, domestic violence exists beyond gender lines – India’s response, centres on the 2005 Protection of Women from Domestic Violence Act, built to shield female survivors inside homes turned hostile. Yet this law draws boundaries: it sees only one half of pain. Men enduring similar suffering find little space under its shelter. Not every abuser wears a man’s face; not every wounded person identifies as woman. So why does justice wear blinders? Courtrooms follow statutes that assume victimhood based on identity rather than experience. Testimonies from male sufferers reveal neglect, disbelief, even mockery when seeking help. Legal doors stay closed because wording excludes. Reforms meant to empower have, unintentionally, narrowed who counts as hurt. Can fairness grow while some stories are erased before they’re told? The system stands tested – not just by intent but impact. When protection depends on gender, equality falters.
The analysis takes aim at how current laws on domestic violence treat genders differently, measuring them against constitutional promises of equal treatment found in India’s founding document. Looking beyond wording alone, it weighs court rulings alongside expert commentary to question if reserving safeguards only for women opens up blind spots – where men facing harm find little support. Assumptions about masculinity, combined with scepticism from authorities, frequently block pathways for males seeking help. What emerges is less a balanced shield than a framework tilted by tradition.
The argument unfolds through both doctrine and constitution, suggesting safeguards for women still matter given long-standing imbalances. Yet silence on men in these laws creates tension with fairness under statutes. When protections ignore one group, even unintentionally, questions emerge about uniformity in rights.[1] A system meant to shield can unintentionally exclude – this imbalance calls for reflection. Legal design might shift toward broader inclusion without weakening support for women. What stands clear is that equity demands attention to all who suffer behind closed doors.
INTRODUCTION
Domestic violence is widely acknowledged in India as a critical social and legal concern, primarily governed by the Protection of Women from Domestic Violence Act, 2005[2]. This law was introduced to offer effective safeguards to women subjected to abuse within domestic settings. While it marks a significant advancement in protecting women’s rights, its exclusive focus on female victims prompts concerns about the legal recognition and support available to others who experience similar abuse, particularly men. This paper investigates the legal standing of male victims of domestic violence in India and assesses whether the current legal structure sufficiently responds to cases of abuse irrespective of gender.
The analysis scrutinizes the gender-specific design of existing laws in relation to constitutional principles of equality enshrined in the Indian Constitution. By reviewing statutory provisions, court rulings, and academic perspectives, the study considers whether restricting legal remedies solely to women results in a gap that leaves male victims without proper resource. It also highlights the societal stigma and institutional challenges that often prevent men from coming forward with their experiences of domestic abuse.
Using a constitutional and doctrinal approach, the paper contends that while targeted protection for women remains necessary due to longstanding structural disparities, the lack of legal acknowledgment for male victims poses valid questions about equal treatment under the law. The study concludes by exploring the possibility of a more inclusive legal framework—one that upholds the goal of protecting women while also fulfilling the constitutional requirement of equal protection for all individuals affected by domestic violence.
[2] Protection of women from Domestic violence Act, 2005