Reassessing Gender Justice - The Need For Equitable Legal Frameworks In India
Author: LawSphereX
Category: General Law
Published:
Updated:
REASSESSING GENDER JUSTICE: THE NEED FOR
EQUITABLE LEGAL FRAMEWORKS IN INDIA Sumit Gupta, Institute of Legal Studies and Research, GLA University, Mathura Devdutt Sharma, Institute of Legal Studies and Research, GLA University, Mathura
ABSTRACT
The development of gender justice in India has largely concerned itself with addressing the historical injustices perpetrated against women, resulting in a legal framework that focuses primarily on protection. Although such legal remedies have been crucial to the protection of women's rights, they have also, if unintentionally, played a part in gender differences in legal recourse, particularly in instances of abuse. This paper critically examines the genderspecific laws, specifically those related to domestic violence, maintenance, and sexual offenses, and analyzes their implications for men. Based on data, case studies, and comparative legal frameworks from nations such as the United States of America, China, and Russia, the paper identifies the growing need for gender-neutral laws.
The paper also illustrates the manner in which the absence of such legislation in India has exposed men to legal manipulation, false charges, and social boycott. It further argues that real gender justice cannot be achieved through one-way protection but has to emerge out of an equitable legal system that recognizes the rights and challenges of both genders. The paper calls for a re-evaluation of existing legislations and urges lawmakers to create fair legal frameworks that aims to promote the principles of fairness, justice, and equality for all. Keywords: Gender justice, women’s rights, domestic violence, genderneutral laws, false charges.
The Evolution of Gender-Neutral Laws: A Historical Perspective Throughout ancient times, all around the globe, women faced a lot of distress and exploitation by men. Historically, considering women as a weak gender has been the social stigma and tradition of almost all societies in different nations. Women were exploited based on employment, opportunities, freedom, unequal wages, voting rights, and many more. All these factors were the main reason behind the exploitation of women for centuries. But in 1848, the first ever step was taken for equality and empowerment of women by Elizabeth Cady Stanton, who came up with her friends to make some demands. However, demands were not met through this one. But later in 1894, New Zealand became the first country to give women voting rights.
Similarly, many more movements from different parts of the world started emerging for the upliftment of women’s condition. Feminism & Role of the United Nations in Addressing Gender Equality One of the major movements that encouraged and improved conditions for a huge number of women around the globe was feminism. Feminism is a positive word that was first used as the definition of a woman and her qualities. But from 1848 to 1920 feminism term was used for bringing change and movement in favor of women around the globe. In India, Savitribai Phule was the first woman to strive toward women empowerment. She started a school solely meant for the purpose of education of girls in 18481. In the modern era, we have united nations to maintain peace and good relations between all countries.
The United Nations started one of the most popular entities in favor of women in 2010, which is also known as the United Nations Women. This entity not only sets conventions for women empowerment but also verifies and keeps an eye on the fulfillment of women-related schemes. The Unintended Consequences: Protection Turning Prejudice Various movements for women empowerment have been proving good for women's upliftment. Not only that, but several laws have also been imposed in favor of women to protect them from all kinds of possible exploitation that they have faced in history. Specifically, in India, there have been times when women died in the practice of sati, dowry, and domestic violence.
Therefore, the laws, such as the Sati Prevention Act 1987, the Dowry Prohibition Act 1961, and the Protection of Women from Domestic Violence Act, had been enacted for the protection THE MOOKNAYAK, https://en. themooknayak. com/india/bhide-wada-indias-first-girls-school-to-betransformed-into-a-national-memorial (last visited 25th April, 2025). of women. However, these acts have been proven to go against men in many cases. Women do create fake cases with false allegations against men to extort money or trap men in lieu of personal grudges. Although women in many parts of the country are still exploited but the wrongful use of these laws has led to the exploitation of men. It is started with the question of whether women can have equal rights as that of men, but at this point, with so many femalefavored laws, society now tends to treat women as the only gender that can be exploited.
Ensuring Fairness: The Requirement for Legal Protections for Men We have so many provisions under which women can be entitled to maintenance under certain circumstances, such as domestic violence, cruelty, and for many other reasons, which could result in the separation of the spouses. Provisions individually made for providing maintenance to women are governed by laws such as the HAMA (Hindu Adoption and Marriage Act), the Protection of Women from Domestic Violence Act, 2005, the Special Marriage Act 1954, and many more. The issue raised is whether we have any provision that specifically targets men for getting maintenance under certain circumstances. It is not necessary that the problems faced by men are the same as those faced by women. It is essential to establish provisions explicitly for males.
There are so many different gangs that operate in India, which are functioning to trap men and use them for monetary benefits. Common provisions such as sections 242 and 253 of the Hindu Marriage Act and section 1254 of Cr. P. C. are made for both genders to claim maintenance. But still, no provisions are made expressly for men. If a husband has committed domestic violence against her wife, the wife can sue him and may get him punished under section 855 of Bharatiya Nyaya Sanhita, which extends to a punishment of 3 years imprisonment and fine. Therefore, women are also subject to protection under the Protection of Women for Domestic Violence Act 2005, which states that women cannot be dispossessed of their marital home if they have faced domestic violence.
Meanwhile, there isn't even a single provision that gives protection to a man when he faces domestic violence or any harassment by his wife. There is no express provision made for a man’s possession in the marital home, which is registered absolutely in the name of his wife. According to the Indian Journal of Community Medicine, in a survey conducted by them on 1000 married men, 51. 5% of men
2 Hindu Marriage Act 1955, s. 24
3 Hindu Marriage Act 1955, s. 25
4 Code of Criminal Procedure 1973, s. 125
5 Bhartiya Nyaya Sanhita 2023, s. 85
faced violence by their wives, of which 51.6% was emotional and 6% was physical violence6. All these numbers portray that domestic violence is not a gender-based offense. These numbers are too good to be true and do indicate a dire need for laws to be made in favor of men. Why do Women have a stronger hold in their favor when it comes to Laws? There were times in the 19th and 20th centuries during British rule when women faced a lot of distress through various customs like sati and dowry. In response to such types of offenses, laws such as the Sati Prevention Act, 1929, and the Dowry Prevention Act,1961 were enacted. Laws were formulated and commenced when there was a need to restrict violations of their fundamental right to life and liberty as enshrined under Article 217 of the Constitution of India,
1950. The initial exploitation of women’s rights gave a notion to society that only women can
be exploited. The fact that only a male is dominant so only he could do domestic violence gave birth to such concepts, including marital rape. But with the growing time, there have been reversal effects since women started taking advantage of their rights to use them against men. Gender Bias in Sexual Offense Laws: Examining Legal Gaps and Challenges for Men in India Recall the first-ever landmark rape case which happened against a girl named Mathura in 1972 where the accused were acquitted. On recalling the first-ever male rape case, we do not have one. Is it not reasonable to consider non-consensual sexual intercourse with a male as constituting rape? The law in India defines rape as “penetration” which indicates that a male can only do this offense himself, but he cannot be a victim of this offense.
In some of the reported cases of male rape where he is a victim, the accused is also a male. In the end, if a woman does forceful sexual intercourse without the male's consent or will then, she cannot be held liable for rape. In India, there have been many cases of fake domestic violence and fake rape cases against men. In cases involving allegations of rape where the prosecutrix is a minor girl (below 18 years of age), the law presumes lack of consent due to statutory provisions, thereby relieving the minor of the burden to prove non-consent. However, concerns have been raised about the 6 Malik, Jagbir Singh; Nadda, Anuradha, A Cross-sectional Study of Gender-Based Violence against Men in the Rural Area of Haryana, India. Indian Journal of Community Medicine 44(1): p 35-38, Jan–Mar 2019. | DOI: 10. 4103/ijcm. IJCM_222_18
7 Constitution of India 1950, Art. 21
potential misuse of such provisions in certain instances, including those arising from past consensual relationships. In contrast, adult complainants are generally required to substantiate their allegations with supporting evidence such as medical reports or corroborative testimony. Nonetheless, in situations involving close or live-in relationships, such evidence may be more readily available, often strengthening the prosecutrix's position. In India, according to reports of NCRB, in 2020, less than 8% of cases were false. 8. The situation may get worse with time and is alarming for men’s reputation, mental health, and many other factors. The fact that fake cases against men are extremely common in live-in relationships has various reasons. The major of which is not having a specific law regarding it.
In India, live-in relationships are not illegal, which makes the situation even more sensitive. A man in such type of relationships has been observed to be most vulnerable, as everything and anything may go against him if his partner decides to sue him. There are many cases where a female sues her partner due to personal grudges, marital disputes, and controversies. Neither partner is bound to perform any of his/her duties as they are not in a legally recognized marriage relationship. But here, women and men are given some privileges, including maintenance. Women in such relationships usually have an upper hand due to a lack of provisions in favor of men as far as the offenses of domestic violence and rape are concerned. The Dual Nature of Dowry Provisions: Protection or Exploitation?
The fact that in Indian history there have been a huge number of cases related to dowry, which not only puts intense pressure on women's families but also impacts the life of women after marriage. These incidents gave birth to provisions such as “The Dowry Prohibition Act, 1961" and section 304-B of IPC, read with section 4989 of IPC with the current effect through section
8010 Read with section 8411 of BNS. There are still many cases that are recorded even today,
as dowry custom is still followed in various parts of the country. As the aggrieved party exercises these provisions as their right against exploitation, there are many elements that misuse these provisions against men as a weapon to blackmail them for an amount of money. The major drawback of the dowry provision is that the burden of proof lies on the accused party, so the aggrieved party does not have to provide anything for establishing prima facie 8 Sachin Kumar Tripathi et al., Systemic Assessment of Fabricated Injury in Sexual Assault Cases: A Narrative Review, 17 J. Clinical & Diagnostic Rsch. HE01 (2023), https://doi.org/10.7860/JCDR/2023/62489.17942.
9 Indian Penal Code 1960, s. 498
10 Bhartiya Nyaya Sanhita 2023, s. 80
11 Bhartiya Nyaya Sanhita 2023, s. 84
evidence. The prima facie in these cases is established automatically as soon as a complaint is filed by women. In a recent case, Atul Subhash, a techie who died in his Bengaluru home, mentioned in his suicide note about the harassment done by his wife and in-laws who asked for an amount of 3 crore INR for withdrawing the case, he accused his wife of making fake dowry allegation which were just filed to ask for money12. The Urgent Need for Legal Reforms: Protecting Men’s Rights The Dowry Prohibition Act, 1961, Section 304-B13 and Section 498 of the IPC had been enacted to protect women for saving their lives. But using these provisions against men as a weapon is creating a reversal effect. A huge number of men die by suicide due to factors such as domestic violence, which is not recognized by Indian law, and fake dowry cases.
This sparks a need for laws for men as well as for saving their lives. The result of such incidents has just turned out to be an abetment for suicide, which has to be proved. Thus, there is a need to express laws for men just as they are made for women to protect their lives. However, domestic violence provisions have comparatively seemed to be more gender-neutral than rape in many nations because domestic violence cases are reported more than rape cases as they tend to be committed more than rape. Considering the fact that there are a good number of domestic violence cases reported, countries such as the United Kingdom, have brought neutral laws for domestic violence, starting a helpline number for males who suffer domestic violence. The male rape cases being considerably less reported do not gather attention and importance to be made laws in favor of men.
Threats and Consequences of False Dowry Cases: A Global Perspective on Gender Equality As allegations made against the wife in the case of Atul Subhash are yet to be proved, there have been many other cases where the husband's family is put under pressure and blackmailed for money in lieu of a false dowry case. Such an incident also happened in the case of Naveen v. Veena14 where the wife asked his husband and the in-laws for a separate house to live for both of them, threatening to otherwise file a case of false dowry against them. The family had to arrange a separate house somehow, which they did on rent. The issue of gender equality is 12 THE ECONOMIC TIMES, https://economictimes. indiatimes. com/news/india/wifes-rs-3-crore-demand-tosettle-false-cases-killed-atul-subhash-bengaluru-techies-brother-reveals-horrificdetails/articleshow/116194379. cms?
from=mdr (last visited 29th April, 2025).
13 Dowry Prohibition Act 1961, s. 304-B
14 Naveen v. Veena, AIRONLINE 2021 P AND H 1078
not limited to a single nation but has been and is still a global issue. Those global circumstances have led formation of organizations such as UN Women for Development and Welfare for Women all around the globe. The United Nations faced many challenges in creating harmony between females and males in terms of employment, education, wages, health, etc, which led to the creation of UN Women. UN Women keeps an eye on authentic implementations of women-related schemes in several countries to ensure the protection of women’s interests. The organization creates a room for empowering women in terms of everything from which women are deprived. The improvement in gender equality is measured by considering and calculating the percentage of the gap between both genders nationwide and countrywide. The rank 1 country with a closed gap of 93.
5 is Iceland, in comparison with India, ranked at 129th position with a percentage gap of only 64. 115. How Other Nations Approach Gender-Neutral Laws: A Comparative Analysis As mentioned earlier, the Protection of Women from Domestic Violence Act, 2005, gives protection to only females in India. In the United States, the act that governs the conduct against women is the Violence Against Women Act, 1994. The difference between these two acts is their applicability. The Domestic Violence Act, 2005, only protects women from violence in India. But the Violence Against Women Act, 1994 gives protection to both men and female irrespective of their genders as held in the case of Woods V/S Shewry. 16, 2008, which is truly gender-neutral in nature.
Meanwhile, in no case, a woman can be held liable for an offense of rape in India as section 63 of BNS mentions that this offense can be done only against a female by a male. In contradiction, the American Department of Justice defines rape as a genderneutral offense and either gender can be held liable for this offense. In China, domestic violence is not considered a gender-focused problem. Even when the law regarding domestic violence was made, it was named as Anti-Domestic Violence Law of the People's Republic of China (2016). The law protects every citizen of China, including women, men, children, elderly. In China, the offense of rape has the same meaning as is defined in the Indian scenario where only a man can be the perpetrator and a woman to be victim. Unlike other countries, Russia does not have express laws for domestic violence cases.
The offense of domestic violence is governed by the General Criminal Code. Because the law does not contain 15 DRISHTI IAS, https://www. drishtiias. com/daily-updates/daily-news-analysis/global-gender-gap-report-2024 (last visited 30th April, 2025).
16 Woods v. Shewry, 2008, No. C056072.
a mention of any gender and is a general law which it applies to every citizen irrespective of gender, age, or any other differences. Men can take the plea of domestic violence without following any distinct procedure from that of women. Article 131 of the criminal code of Russia defines rape and its consequences which includes males as only perpetrators and women as only victims. Conclusion Pursuit of gender justice shall not become synonymous with gender favoritism. While the Indian legal system has admirably addressed decades of discrimination and violence against women, it now faces a new challenge, ensuring that justice does not tilt unfairly against men.
The rise in false allegations, the lack of legal remedies for male victims of domestic violence and sexual abuse, and the absence of gender-neutral definitions in key laws such as rape and domestic violence, collectively point to significant gaps in the current legal framework. These gaps not only distort the notion of equality before the law but also erode public faith in the justice system. The paper is not trying to undermine the ongoing suffering of women, but instead wants to emphasize the need to include all citizens in the promise of justice, irrespective of gender. Legal reform will thus have to move away from a gender-protectionist to a genderequitable paradigm. India may learn from other jurisdictions that have already put genderneutral laws in place for providing protection to victims and punishing perpetrators, regardless of sex.
It is a must that legislators, jurists, and civil society act together to launch far-reaching reform. This involves redefining crimes such as rape and domestic violence in less genderbiased language, establishing legal processes for men who are victims of abuse, and making people aware that justice can never be a right of one gender over the other. Then only we can say that we have really stepped towards a society believing in equality, not in words, but in the realities of its law and practice. It is critical to appreciate that legal systems are not merely mechanisms of punishment but also vehicles that portray and create societal values. When male victims' concerns are silenced or rejected due to tired stereotypes, silence is encouraged, help-seeking behavior is deterred, and harm is normalized.
An inclusive legal response, where laws are shaped to deal with harm regardless of gender, is evidence of a more mature and democratic society. This is a sign of a commitment to equity, not as an abstract principle but as a working reality. Moreover, the psychological effect of ignoring male victims should not be discounted. Men who are abused feel isolated emotionally, depressed, and anxious, particularly in a society where vulnerability is often denigrated. By not acknowledging their hurt, society creates a harmful cycle where justice is not available and is not equal. Therefore, there should be a collective effort to reconsider our legal framework. This calls for recasting crimes in gender-neutral terminology to provide legal redress to all victims, and generating public consciousness that no gender has a monopoly of truth or pain.
Only when justice is made a mutual vow to all citizens, irrespective of their gender, we can say that we're creating a society in which equality is not only a hope but a reality.