Can Men Be Victims Too? Understanding Gender-Neutral Domestic Violence Laws

Can Men Be Victims Too? Understanding Gender-Neutral Domestic Violence Laws

Most of us even after hearing about domestic violence in India, we all choose to think that it must necessarily involve women as being the victim since it is always considered that a woman is beaten up by a man. Getting back to the fact that most of the cases are reported by female survivors, the other side of the story is not being told all that much in society, which is men could also be victims of domestic violence.

With the article, the neglected truth about male victims of domestic abuse, the issues they deal with, and how prepared is the legal system of India to approach the domestic abuse in a gender-neutral manner, comes to light and how important for men to seek help of best domestic violence lawyer in india.

The Hidden Side of Domestic Violence in India 

Violence against women has been an aspect traditionally used to understand the concept of domestic violence in India. PWDVA or Protection of Women against Domestic Violence Act, 2005 is a statute that is specifically meant to protect women against abuse by husbands or in-laws. But this is only a one sided reason, since a growing number of men are becoming the ones who are emotionally, verbally, physically or psychologically abused by their partners.

Men may experience:

• Constant verbal abuse and humiliation

• Physical violence such as slapping or scratching

• False allegations of dowry harassment or molestation

• Restriction from seeing their children

• Financial control or blackmail

Why Don’t Men Speak Up?

There are several reasons why male victims often suffer in silence:

• Social stigma: Society does not easily accept that men can be victims.

• Fear of ridicule: Men fear being mocked for being "weak" or "unmanly."

• Lack of legal support: Existing laws largely protect women; very few legal provisions support male victims.

• Custody battles: Men often fear losing their children if they take legal action.

As a result, many men endure years of abuse without any support or legal recourse.

Are India’s Domestic Violence Laws Gender-Neutral?

Presently, the domestic violence acts in India are not gender-free. The Act was specifically directed at the women, that is the PWDVA 2005. Likewise Section 498A of the IPC deals with cruelty against women by husbands or husband family members but there is nothing about the same against men. , if it is there then no serious action has been taken .

Nevertheless, men and women rights activists and civil societies have made numerous appeals to the government to have gender-neutral domestic violence laws introduced. Other courts have recognized this discrepancy and the discussion is becoming louder however, legally male victims continue to have less options.

What Can Male Victims Do Legally?

Though India does not have any special legislation in place concerning the male victims of domestic abuse, the male victims are still able to take these legal options:

1. General provisions under the IPC: Men can file complaints under sections related to assault, defamation, extortion, or criminal intimidation.

2. File a divorce or legal separation case: Based on cruelty or abuse.

3. Child custody petitions: To regain access to children withheld by the partner.

4. File for defamation: In case of false accusations.

5. Approach NGOs or support groups: While limited, some groups in India assist men facing domestic abuse.

Why India Needs Gender-Neutral Domestic Violence Laws

To truly address domestic violence in India, laws must be inclusive and fair. Abuse should be recognized as wrong, regardless of who commits it. Gender-neutral laws would:

• Ensure justice for all victims

• Reduce misuse of laws for personal vendettas

• Encourage honest reporting by men and women

• Promote equality in the legal system

The UK, USA and Australia  have non-gender-specific legislation in this area - so India should strive to do the same to cater to the needs of all those affected by domestic abuse.

Final Thoughts

Domestic violence has nothing to with gender but rather power, control and injury. Although India has achieved a lot in this element of safeguarding its women, it is high time to appreciate the fact that males are also victims. The only way to have a legitimate society is to provide the same shelf of protection to every citizen.

An awareness is the initial step until the law transforms. In case of you or a person you are close to who is suffering silently, know that there is hope and things are starting to change in the context of domestic violence and feel free to take help of top domestic violence lawyer in India who will stand strongly with you .