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Unheard Victims - Understanding And Addressing Domestic Violence Against Men

Author: LawSphereX

Category: General Law

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UNHEARD VICTIMS: UNDERSTANDING AND

ADDRESSING DOMESTIC VIOLENCE AGAINST MEN

Yogita, LLM (Cri. Law), Amity Law School, Amity University, Lucknow Dr. Mudra Singh, Assistant Professor of Law, Amity University

ABSTRACT

Domestic violence is widely recognized as a gendered issue, often focusing exclusively on female victims. However, a growing body of evidence highlights that men, too, are vulnerable to domestic abuse—physically, psychologically, and emotionally. This paper challenges prevailing societal stereotypes and legal frameworks that largely ignore male victimization. Through an exploration of real-life cases, national and international statistics, legal analysis, and judicial trends, the study aims to illuminate the silent suffering of men who endure domestic violence. It critically examines the limitations of India's existing legal protections, especially the gendered nature of the domestic violence laws, and emphasizes the need for genderneutral reforms.

By drawing attention to the psychological toll on male victims, societal disbelief, and legislative inertia, the paper underscores the urgency of inclusive, equitable legal mechanisms. The research advocates for legislative amendments, increased public awareness, and robust support systems to ensure that justice and protection are not denied based on gender. Ultimately, this study argues for a human rights-based approach to domestic violence—one that sees every victim, hears every voice, and delivers justice without bias.

INTRODUCTION

Violence against women has become a common problem nowadays. In every matrimonial matter, it has become a fashion and standard to file a case for domestic violence against women too. In many scenarios, the complaint for domestic violence against women is filed merely for extracting high maintenance or alimony from husband even when no domestic violence has actually been caused to them. On the other hand, domestic violence against men is highly unnoticed. The clamour for recognizing domestic violence against men had been going for quite a few years. However, the suicide of a 34-year old man on 9th Dec 2024 has brought the issue of domestic violence against man to the forefront once again. The suicide of Atul Subhash has caused an outrage and demand for making domestic violence laws and dowry laws gender neutral in letter and spirit.

Not only recognizing domestic violence against man but also recognizing the harassment caused to the man / husband’s family due to false and frivolous cases filed against them which leads to “legal terrorism”. Atul Subhash left a detailed 24-page suicide note and an 81-minute video in which he blamed the trouble in his marriage and divorce proceedings. 1 The need to recognise domestic violence is even more imperative as the society is seeing the rise of gay community. Therein the same sex couple, the existing legal framework lacks adequate protection to afford them against domestic violence. Domestic violence against men goes highly unrecognised due to the so called male chauvinism. Here, the male has to always present himself as the strong person who can handle and control the people in his house.

The patriarchal structure of the society has to largely contribute to this unrecognition which is eventually hurting the men themselves. The country like ours believes in the concept of damsel in distress and is not sensitised enough to believe that men can be a victim of domestic violence as well. Even the men who are going through it cannot publicly accept that they have been subjected to domestic violence as it would bring down their male ego. Due to all these reasons, the reporting of domestic violence against men is very low.

1 A Man’s Suicide Leads to Clamour Around India’s Dowry Law, BBC News (Dec. 23, 2024),

https://www.bbc.com/news/articles/c33d6161z3yo.

This paper analyses the forms of domestic violence against men, the statistical scenario of it, limitations of existing legal framework dealing with it and the jurisprudence developed so far regarding domestic violence against men.

FORMS OF DOMESTIC VIOLENCE AGAINST MEN

Men are susceptible to the same forms and strategies of abuse as women, including stalking, harassment, and physical, psychological, or sexual violence. However, their experience or interpretation of abuse may differ. For instance, some men may not view physical abuse as a means of control, as they continue to feel strong and capable of defending themselves. Psychological abuse, a prevalent form of domestic violence against men, often attacks their sense of masculinity. Men are frequently belittled for not being "manly" enough, earning insufficient income, showing weakness, or expressing emotions like crying when mistreated. According to critical literature, while many men might not fear physical harm, they often dread the shame and humiliation associated with psychological abuse, particularly when it occurs in public.2

REASONS FOR DOMESTIC VIOLENCE AGAINST MEN

There are several reasons for domestic violence against men. One reason can be societal stereotype and perspective towards it which renders it impossible for men to see that they are at the receiving end of domestic violence while experiencing it. Other reasons are hurdles in reporting the case, lack of legal protection, lack of awareness and education. In India, domestic violence against men largely goes unreported due to prevailing societal norms, ingrained stereotypes, and a lack of awareness. Men frequently encounter obstacles when attempting to seek help or speak about their experiences, which only reinforces the ongoing silence around the issue. 2 Scott-Storey, K. , O’Donnell, S. , Ford-Gilboe, M. , Varcoe, C. , Wathen, N. , Malcolm, J. , & Vincent, C. (2022). What About the Men? A Critical Review of Men's Experiences of Intimate Partner Violence. Trauma, Violence, & Abuse.

Advance online publication. https://doi. org/10. 1177/15248380211043827.

Further, India’s legal framework predominantly centers on safeguarding women from domestic violence, offering minimal legal support or remedies for men. The lack of dedicated laws and policies for male victims reinforces the misconception that men cannot be subjected to abuse.

PSYCHOLOGICAL IMPACT OF VIOLENCE ON MEN

While violence against men can result in physical harm such as injuries, severe assaults, or— though rarely—fatal outcomes, the psychological consequences are often more profound. Research has highlighted a wide range of mental health effects experienced by male victims, including feelings of anger, a desire for revenge, shame, fear, emotional pain, rejection, and helplessness.3 The intensity of these psychological impacts tends to increase with the severity of the violence. Moreover, studies indicate that men who have experienced violence are facing immensely intense levels of psychological distress and depression compared to those who have not, and such trauma may also elevate the risk of suicide.4

INTERNATIONAL SCENARIO

“Tell the world, Johnny, tell them, ‘I Johnny Depp, a man, I’m a victim too of domestic violence.’ See how many people believe or side with you.”5 This is the recording of Amber Heard in the famous Depp vs. Heard6 matter. The statement alone speaks a bigger story of the prevalence of the subjection of men to domestic violence. According to data from 2022–2023 published by the Office for National Statistics, the UK’s primary source of official statistics, approximately one in three victims of domestic abuse is male.7 The United States of America (hereafter referred to as the USA), a global leader in many domains, also faces a significant prevalence of domestic abuse. According to data from the National Intimate Partner and Sexual Violence Survey (2016–2017)8, nearly 44% of men in the

3 Denise A. Hines & Kathleen Malley-Morrison, Psychological Effects of Partner Abuse Against Men: A

Neglected Research Area, 2 Psychol. Men & Masculinity 75 (2001).

4 “Avinash De Sousa, Domestic Violence Against Men: A Lesser Explored Phenomenon, 6 Annals Indian

Psychiatry 1 (2022), https://doi.org/10.4103/aip.aip_48_22.” “Depp v. Heard – Male Sufferers of Domestic Abuse, Pepperells Solicitors (n.d.), https://www.pepperells.com/pepptalk/depp-v-heard-male-sufferers-of-domestic-abuse.”

6 Depp v. Heard, No. CL-2019-2911 (Va. Cir. Ct. 2022).

7 “Office for National Statistics, Domestic Abuse in England and Wales Overview: November 2023, ONS (Nov. 24, 2023), https://www.ons.gov.uk/releases/domesticabuseinenglandandwalesoverviewnovember2023.” 8 “Centers for Disease Control and Prevention, The National Intimate Partner and Sexual Violence Survey

(NISVS):

Report on Sexual Violence, https://www.cdc.gov/nisvs/documentation/nisvsReportonSexualViolence.pdf.”

USA have experienced Intimate Partner Violence at some point in their lives.9 Despite being ranked the happiest country in the world for seven10 consecutive years, Finland—a Nordic nation—also grapples with the harsh reality of domestic violence. According to a decade-long survey conducted from 2012 to 2022, a total of 11,819 domestic violence cases were reported in 2022 alone.11 While the majority of victims were women, 3,669 were men, accounting for roughly 31% of all reported cases.12

STATISTICAL ANALYSIS

Denying the existence of something does not necessarily mean it is absent. This is particularly true in Indian scenario where the data shows the existence of domestic violence against men, however, there still remains a belief that it is impossible for men to face it and only women are subjected to domestic violence. As per the study sponsored by the Indian Council of Medical Research conducted in Rohtak, Delhi, it was discovered that out of a sample of 1000 men, 515 i. e. more than half of them have faced abuse at the hands of their spouse. 13 While most of these men (49. 6%) reported emotional abuse, 0. 6% faced physical violence and 0. 4% experienced sexual violence. Additionally, the National Family Health Survey (2005-2006) revealed that around “60 lakh women have perpetrated physical violence against their husbands without provocation”.

14 However, men are more susceptible to suffer violence from their wife’s relatives and family members, and when this violence is included, it amounts to a staggering 3 crore cases of domestic violence 9 “Centers for Disease Control and Prevention, National Intimate Partner and Sexual Violence Survey (NISVS):

2022 Report on Intimate Partner Violence, National Center for Injury Prevention and Control,

https://www.cdc.gov/nisvs/documentation/NISVSReportonIPV_2022.pdf.”

10 BBC Reel, Why Is Finland the Happiest Country in the World?, BBC (Mar. 28, 2024),

https://www.bbc.com/reel/video/p0hmcc91/why-is-finland-the-happiest-country-in-the-world-. 11 Statistics Finland, Number of Victims of Domestic Violence in Finland from 2013 to 2023, by Gender, Statista, June 10, 2024, https://www.statista.com/statistics/1238947/number-of-victims-of-domestic-violence-by-genderfinland/.

12 Id.

13 “Jagbir Singh Malik & Anuradha Nadda, A Cross-sectional Study of Gender-Based Violence Against Men in the Rural Area of Haryana, India, 44(1) Indian J.

Community Med. (2019), https://journals.lww.com/ijcm/fulltext/2019/44010/a_cross_sectional_study_of_gender_based_violence.9.aspx.” 14 “Domestic Violence Against Men: High Time Government Addressed the Problem, News18 (July 15, 2015), https://www.news18.com/news/india/domestic-violence-against-men-high-time-government-addressed-theproblem-1004785.html.”

against men in India.15 It has also been reported that “working women, who are earning cash and having access to mobile phones, perpetrate more spousal violence on husbands in India”.16 It is deeply disheartening that despite the Preamble—recognized as basic structure and intrinsic part of our Constitution in “Kesavananda Bharati v. State of Kerala”17—guaranteeing justice and equality, men in society have long faced discrimination solely on the basis of their gender and have often been denied access to justice. While domestic violence against women is criminalized and addressed through the enactment of the “Protection of Women from Domestic Violence Act, 2005” (PWDVA), there is no equivalent legal framework in place to protect male victims.

EXISTING LEGAL PROVISIONS FOR PROTECTING MEN AGAINST DOMESTIC

VIOLENCE

Though there is not any specific or gender neutral legislation for the protection of men against domestic violence. However, men suffering from it can take recourse to gender neutral criminal laws in place primarily the Bhartiya Nyaya Sanhita, 2023, the erstwhile Indian Penal Code, 1860. Men suffering from domestic violence can allege Hurt18 (s. 114 BNS / s. 319 IPC), Grievous Hurt19 (s. 116 BNS / s. 320 IPC), Wrongful Restraint20 (s. 126 BNS / 339 IPC), Wrongful Confinement21 (s. 127 BNS / s. 340 IPC), Criminal Force22 (s. 129 BNS/ 350 IPC), Assault23 (s. 130 BNS / s. 351 IPC). The key distinction between the remedies provided under the Domestic Violence Act and the Indian Penal Code lies in their nature—while the IPC is primarily punitive and often results in 15 “Domestic Violence Against Men: High Time Government Addressed the Problem, News18 (July 15, 2015), https://www. news18.

com/news/india/domestic-violence-against-men-high-time-government-addressed-theproblem-1004785. html. ” 16 Aparajita Chattopadhyay et al. , Prevalence and Risk Factors of Physical Violence Against Husbands: Evidence from India, J. Biosoc. Sci. (2023), https://doi. org/10. 1017/S0021932023000196.

17 Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461.

18 Bharatiya Nyaya Sanhita, 2023, § 114 (India).

19 Bharatiya Nyaya Sanhita, 2023, § 116 (India).

20 Bharatiya Nyaya Sanhita, 2023, § 126 (India).

21 Bharatiya Nyaya Sanhita, 2023, § 127 (India).

22 Bharatiya Nyaya Sanhita, 2023, § 129 (India).

23 Bharatiya Nyaya Sanhita, 2023, § 130 (India).

imprisonment, the Domestic Violence Act focuses more on protection and civil relief. Section 2424 of the Hindu Marriage Act, 1955 grants both men and women the right to claim maintenance while a case is pending. In deciding such matters, the court considers the income of both spouses. However, this provision does not extend the same right to men under the Special Marriage Act. It is equally important to recognize that men do not always face domestic violence solely from their wife or partner; in many cases, the abuse also comes from the partner’s or wife’s relatives.

ANALYSIS OF JUDICIAL DECISIONS

In the recent times, there has been a shift in judicial approach towards domestic violence, especially in the light of false cases of domestic violence being filed by the women. The judiciary has also been taking cognizance of domestic violence against men. Though this has been in a minuscule number of cases but it is indeed an indication towards gender neutrality in judicial approach towards domestic violence. One of the landmark cases in this respect is the case of Jyoti vs. The State Govt. of NCT of Delhi25. The present case involved an incident where “a wife allegedly inflicted burn injuries on her husband by pouring boiling water mixed with chili powder on him”. She then requested a lenient approach on the grounds of being a woman and sought anticipatory bail.

The Hon’ble Delhi High Court while rejecting this argument of the applicant observed that the Courts are under a duty “to remain vigilant and to ensure that their decisions are not influenced by gender biases”. The Court further held that the jurisprudence surrounding grant of bail cannot be different solely on the basis of gender. Regarding domestic violence, the Delhi High Court noted that in marital relationships, women are not the only sufferers; men can be the victims too. Further, “the empowerment of one gender and protection to it cannot come at the cost of fairness towards another. Just as women deserve protection from cruelty and violence, men too are entitled to the same safeguards under the law. To suggest otherwise would violate the very basic principles of equality and human

24 Hindu Marriage Act, 1955, § 24 (India).

25 Jyoti v. State Gov’t of NCT of Delhi, BAIL APPLN. 262/2025 (Del. HC).

dignity. ”26 The Court further called out for the elimination of societal stereotypes. It recognised that “societal disbelief and the stigma associated with being perceived as a victim” are major challenges in bringing cases of domestic violence against men to the fore. In the case of”Aruna Parmod Shah v. Union of India27, the Delhi High Court stated”“We do not rule out the possibility of a man becoming the victim of domestic violence, but such cases would be few and far between, thus, not requiring or justifying the protection of Parliament”. Thus, in this instance, the Court acknowledged that men can also be victims of domestic violence. The only gender neutrality that has been brought in the Domestic Violence Act of 2005 is through the judgment in the”case of Hiral P. Harsora v. Kusum Narottamdas Harsora28.

Herein, the Hon’ble Supreme Court removed the words “adult male” from the definition of “respondent” in Section 2(q) of the Protection of Women from Domestic Violence Act, 2005. ”Prior to this decision, the section only allowed complaints to be filed against ‘adult male relatives’ with whom the aggrieved woman had a domestic relationship. However, following the Harsora ruling, women can now also file complaints against female relatives. This decision explicitly acknowledges the existence of female perpetrators, marking a shift towards partial gender neutrality in Indian domestic violence laws. In”Rajesh Sharma v. State of UP29, the Supreme Court”while observing the menace of false s. 498A IPC and dowry cases emphasized the need for men's rights organizations to actively present their perspectives and engage directly with the legal and judicial systems.

It asserted that if women’s rights are considered human rights, then men’s rights must equally be recognized as human rights. Another landmark case in this respect is the judgment in“Arnesh Kumar vs. State of Bihar30. Though herein the Hon’ble Supreme Court”laid down the procedure for arrest but while noting

26 Jyoti v. State Gov’t of NCT of Delhi, BAIL APPLN. 262/2025 (Del. HC).

27 Aruna Parmod Shah v. Union of India, 2008 SCC OnLine Del 457.

28 (2016) 10 SCC 165.

29 Rajesh Sharma & Ors. v. State of Uttar Pradesh & Anr., (2018) 10 SCC 472.

30 “Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.”

the growing number of false harassment and dowry cases, the Court observed the need of procedural safeguards to protect men.

IMPEDIMENTS IN ACHIEVING GENDER NEUTRALITY IN DOMESTIC

VIOLENCE LAWS

Achieving equality in domestic violence laws is not going to be an easy task as there are many challenges to it. Societal disbelief and stereotypes among others are major factors in this way. Some impediments are discussed below. A. Dilution of the unique nature of violence31 - Those who oppose gender neutrality

have given contentions as to how gender neutrality in such laws is not going to be beneficial for women who are the primary recipientof domestic violence.32 They claim that it is adverse to the interests of feminism as it will treat the victimisation of both genders equally.33 The primary contention against gender neutral laws is that it will upset the power dynamics and will exacerbate the further marginalisation of women.34 B. Misuse in the form of Counter Allegation against Women – There is a growing

concern that if gender neutral laws are brought then they might be misused by men in form of using them for putting false counter allegations to the genuine petitions of women as an instrument to seek revenge. C. Societal Disbelief – It is generally rooted in the patriarchal societies that women are

weak, hence, are not capable of inflicting physical harm on men. It is also evident from small number of complaints made in this respect.35 Due to this deep seated notion of patriarchy and machoism, men face hesitation in reporting cases of abuse to them. Even in jurisdictions where there are gender neutral laws in place, there too exists the issue 31 “Anupama Sharma, Addressing the Roadblocks to Gender Neutrality in Sexual and Domestic Violence Laws: A South Asian Perspective, 11(2) J. Indian L. & Soc'y 35 (2024), https://jilsblognujs.wordpress.com/wpcontent/uploads/2025/01/anupama-sharma_112.pdf.” 32 Patricia Novotny, Rape Victims in the (Gender) Neutral Zone: The Assimilation of Resistance?, 1 Seattle J. Soc. Just. 743 (2002).

33 Id.

34 Lillian Artz & Dee Smythe, Feminism vs. the State?: A Decade of Sexual Offences Law Reform in South Africa,

7 Empowering Women for Gender Equity 6–9, 11 (2007).

35 “Flavia Agnes, Law, Ideology and Female Sexuality: Gender Neutrality in Rape Law, 37(9) Econ. & Pol. Weekly 844 (2002), https://www.epw.in/journal/2002/09/perspectives/law-ideology-and-female-sexuality.html.”

of under reporting of domestic violence cases faced by men.36 D. Stereotypes – In a society many stereotypes relating to the masculinity of men exist.

Complaining men are perceived as weak men and are mocked in the society. This deter the men from reporting the abuse cases. Further, if a man is abused by their partner then they are advised to strike back to keep their partner in control instead of making a formal complaint with the law enforcement agencies. There is also a risk of malignment of their image if they report the abuse case. Such stereotypical portrayal of men exacerbates the issue of abuse against them by their partners. It is important to note here that though there is a possibility that gender neutral laws might be misused, however, this solely should not deter the legislators from bringing gender neutrality in the domestic violence laws. Every law possesses a risk of misuse.

Such risks can be alleviated through proper implementation, putting safeguards, high evidentiary requirement, preliminary enquiry by police before registering case, and other suitable measures. Even the gendered laws relating to protection of women is also being misused as has been pointed out by the Courts on multiple occasions, however, this does not deter the legislators, executives and the judiciary to work towards the protection of women. Same approach is needed in the case of male victims. Similarly, false counter-allegations can also be prevented by putting safeguards in place. Societal disbelief and stereotypes can be eliminated by spreading proper awareness, by sensitising kids in school, by running campaigns for not perceiving male victims as a mockery, supporting the male victims and providing them equal care and attention as that of female victims.

SUGGESTIONS

There is an urgent need to amend the “Protection of Women from Domestic Violence Act, 2005”, to make it truly gender neutral. Instead of focusing exclusively on female victims, the law must incorporate language that acknowledges male victims and same-sex partners as potential sufferers of domestic violence. 36 “Amrita Kapur & Kelli Muddell, When No One Calls It Rape: Addressing Sexual Violence Against Men and Boys in Transitional Contexts, Int'l Ctr. for Transitional Just. (2016), https://www.ictj.org/sites/default/files/ICTJ_Report_SexualViolenceMen_2016.pdf.”

Public awareness drives must be initiated to educate society about the existence of domestic violence against men. Schools, workplaces, and communities should be sensitized to identify and address abuse without bias. The judiciary should be regularly trained on issues surrounding male victimization and be encouraged to adopt a balanced approach in domestic violence cases. Guidelines should be issued to reduce judicial bias and ensure fair adjudication. Just as there are women’s commissions and helplines, dedicated support systems and helplines should be created for male victims. Family courts should be equipped with gender-neutral counseling services and legal aid. There is a severe lack of official data on domestic violence against men. Government and research organizations must invest in periodic studies and surveys to understand the scale, nature, and impact of such violence.

Shelters, therapy, and rehabilitation centers should be established for male survivors. Psychological counseling and social support systems can help address the mental trauma associated with abuse.

CONCLUSION

Domestic violence is a grave human rights violation, and limiting its legal recognition to only one gender undermines the principles of justice, equality, and dignity enshrined in the Constitution of India. While women have historically been the primary victims, it is unjust to ignore the increasing number of men who suffer in silence. The patriarchal stereotypes that frame men as always strong, invulnerable, and incapable of victimhood have led to systemic neglect of male experiences of domestic abuse. This research paper has explored the multifaceted dimensions of domestic violence against men—legal, psychological, societal, and statistical—demonstrating that male victimization is not a myth but a reality that needs urgent attention. Though a few judicial decisions reflect a progressive stance, the lack of legislative reform continues to alienate male victims from justice.

Bringing gender neutrality into domestic violence laws is not an attempt to shift focus away from women’s suffering but to create a fair, inclusive system where all victims, regardless of

gender, receive equal protection under the law. Justice, after all, must be blind—not biased by gender but guided by truth.