Rights of Men in India - Understanding Crimes Against Men
Introduction
The term “domestic violence” includes a broad range of violent acts committed by one member of a family or household against another. It often refers to the mistreatment of a child or spouse, and includes not only physical harm but also threats and verbal, psychological, and sexual abuse.[1] The relationship of the victimizer to the casualty is the key qualification between other attack wrongdoings and aggressive behavior at home. In India, abusive behavior at home is constantly accepted to be caused on ladies. Notwithstanding, during individual collaborations with numerous guys in the public arena and in the sorted out arrangements, for example, ventures and workplaces, it was seen that men likewise experience the ill effects of aggressive behavior at home. Because of generalized sex jobs, it is barely accepted by society that a lady can cause brutality on men. Numerous courts likewise remarked on bogus claims of aggressive behavior at home by ladies. Men are as yet not prepared to discuss this savagery against them and they are uninformed about any legitimate assistance to maintain a strategic distance from this.
At home or
at the working environment to keep away from disciplines or to get a few
prizes, men also can be engaged with sexual movement forcibly. In numerous
conditions of India, a youngster with great capabilities and salary is stole
and compelled to wed without his assent. Bogus assault and different charges,
for example, attack are likewise normal. Since law and society in every case
customarily favor females as the more fragile sex, numerous a period, bogus
grumblings of sexual maltreatment/assault are held up against men. This is
genuine with respect to arguments against men under 498A (aggressive behavior
at home) and bogus share cases, and the equivalent was communicated by
different courts during their procedures.
Sociocultural and Psychological
Dimensions of Violence against Men
There can be various reasons for violence against men in a domestic environment.
Ø Sociocultural
It has been seen in an investigation that less pay, training up to working class, family unit arrangement, and the impact of liquor were hazard factors for viciousness against men. A winning mate with training up to graduation was discovered to be the danger factor for bidirectional physical savagery. Rank and financial status were not found essentially connected with brutality against men. It was seen that the couples where the existence accomplice is securing and educated up to graduation, the physical violence can be presented by both the partners against each other.[2]
Ø Psychological
Various women have veritable anger the board issues and because of this they become strong, and a verbal or physical abuse occurs. Women standing up to stress at workplace have disappointment and shock in light of deficiency of wants and thusly can appreciate savage lead. Financial requirements because of spouse's helpless salary and additionally more pay by wife may likewise be one of the variables prompting savagery.
Social and Legal Reasons for Underreporting
In a male-overwhelmed society, men feel that it is dishonorable to be beaten by a lady and they don't report the savagery. The weight from family moreover shields them from making any genuine move and they are furthermore unnerved by getting trapped in false arraignment under 498A. At the point when men report homegrown maltreatment and viciousness, individuals don't trust them. Likewise, when these men attempt to gripe about these issues, inside marriage and family, nobody pays attention to them. Numerous men are embarrassed about discussing and sharing that they are beaten by their spouses.[3]
The likely explanations behind underreporting incorporate conviction and expectation that things would improve, dread of losing social regard and position, security, love toward their kids and family, and dread of getting accused. Whining by men likewise can be seen as "ladylike conduct" in the male-ruled Indian culture.[4]
Any viciousness influences life truly, intellectually, inwardly, and mentally. It is additionally an infringement of essential basic freedoms. Unreported and unnoticed viciousness against men may prompt refusal in tolerating the family, separation, misery, or self destruction in extraordinary cases. It has been seen that suicides were more in wedded men when contrasted with isolated/unmarried men. As indicated by WHO (2002), ladies contemplate ending it all, though men kick the bucket by self destruction all the more habitually. This is otherwise called a sex mystery in the public arena.
As shown by WHO, introduction to mercilessness can fabricate the risk of smoking, alcohol dependence, and drug abuse; mental maladjustment and suicidality; wearisome sicknesses, for instance, coronary disease, diabetes, and threatening development; overpowering contaminations, for instance, HIV, and social issues, for instance, bad behavior and further violence.[5]
Legal Issues
In spite of the information accessible, proposing
savagery against men, no law to secure men is yet to be shaped by the governing
body. All laws for controlling aggressive behavior at home think about ladies
as casualties. Anti dowry laws Dowry Prohibition Act, 1961, and later Section
498A passed by the Supreme Court of India as of now show the worry and
requested to stop the "Lawful Terrorism" as abuse of 498A and the
essential changes to be made by the Parliament.
Need for Gender Neutral Laws
In cases where men are falsely accused of violence or dowry, a law which can address these false allegations is the need of the hour. Human rights and sex correspondence ought to incorporate the two people. Abusive behavior at home ought to be considered as spousal brutality and must not be separated because of sex.
Domestic violence act in India is for women only. Studies show that men are also the victims of violence at the hand of women. Hence, necessary amendments addressing violence against men are suggested.[6]
Remedies available in favor of Husband
- Section 9 HMA: Restitution of conjugal rights. When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
- Right to file Divorce petition: The husband has the right to file a divorce petition on the following grounds:
ü Cruelty: The husband has a right to live with dignity and self-respect and if the wife inflicts him with cruelty, the husband can file for divorce on grounds of cruelty.
ü Desertion: If the wife deserts the husband for a period of at least two consecutive years.
ü Adultery: If the wife is indulged in an extramarital and sexual relationship with another man.
ü Conversion: If the wife converts to another religion.
ü Mental Disorder: If the wife is suffering from any mental disease or insanity, and is incapable of performing the normal duties required in a marriage.
ü Communicable disease: If the wife is suffering from any venereal disease of communicable forms such as HIV/AIDS syphilis, gonorrhoea or a virulent and incurable form of leprosy.
ü Renunciation of the world: If the wife has renunciated the world and opted for sanyasa.
ü Presumption of death: If the wife is not heard of being alive for a continuous period of 7 years and is presumed dead under the law.
ü If the wife threatens to commit suicide it is also mental cruelty for the husband.
ü If the wife makes false allegations against the husband of having an illicit relationship and extramarital affairs outside wedlock.
· Right to refuse maintenance: The husband can refuse to pay maintenance to the wife and defend the maintenance petition with consultation from the best divorce advocate in India in the following cases:
ü If the wife has deserted her husband.
ü If the wife is guilty of adultery or cruelty.
ü If the wife has sufficient means to maintain herself, for instance, if she earns more than her husband.
ü If she gets remarried after the divorce.
ü In case of interim maintenance as well, the husband is not liable to pay interim maintenance if the wife is completely capable of maintaining herself. Additionally, if the husband is unable to pay the legal proceedings of divorce or maintenance and the wife can self-sustain, the court may direct her to bear these expenses as well.
ü Alimony is also granted to wife only if she is not able to support herself. If she is earning or has enough financial stability, the Court will not pass any order for alimony. The wife may get permanent alimony while seeking divorce and maintenance of a fixed sum only if she is not able to maintain herself.
ü If the wife claims maintenance under Section 18 and 20 of the Domestic Violence Act, 2005, she has to prove the same in court. If the husband can prove that there was no domestic violence against the wife or kids, he is not obliged to pay maintenance.
· Right to get Child Custody: The man has an equal right to claim for the custody of the child born out of the marriage being dissolved in court. The child’s welfare is always important and the husband can step into court to show that the wife is not competent to uphold the welfare of the child.
The husband can consult top divorce attorneys in India to file a petition under GWC cases for shared child custody/visitations. The husband can apply for full custody of the child under GWC case if the wife is cruel to or neglects the child, or has committed adultery.
The law lays down different rights of a husband apart from the right to file or defend a divorce petition, refuse to pay maintenance to the wife and file for custody of the child. It becomes important for the husband to consult top divorce lawyers to know about the rights given to a husband during divorce and choose the correct legal path in defending or filing a divorce matter.[7]
Case Laws
· Anusha Kumari vs Rohan on 5 December 2017, Patna High Court
The husband alleged that his wife gave birth to a child during a period when he was away from home and had no physical relationship with her. The trial court directed them to undergo D.N.A. test. The Patna High court upheld it.
· M.Chinna Karuppasamy vs Kanimozhi on 16 July 2015, Madras High Court
The husband alleged that even prior to the marriage, his wife was living a wayward life, which she continued even after her marriage. The court ruled that if the wife, without any sufficient reason, refuses to live with her husband, then, she is not entitled for maintenance. But, the court said even after the decree of divorce, the divorced wife carries the obligation not to live in relationship with any other man.
· Rajee vs Baburao on 11 August 1995, Madras High Court
The husband alleged that he saw his wife talking with another person on three occasions. The lower court convicted the accused in this case. However, the Madras High Court set aside the lower court judgment, saying all three meetings were during day-time and at a time when all the three grown-up children were in the house.[8]
Conclusion
The family structure and society are changing, and the same is true with the norms and values regarding gender violence. Men also are physically and mentally harassed by their spouses and in-laws. Hence, their problems must be recognized as a social and public health issue, and appropriate strategies and interventions should be implemented. They also need assistance in emergency and family brutality, particularly by mate. Indeed, even the laws and enactment must incorporate abusive behavior at home against men as a culpable offense. Men and women are the pillars of society and a family. Hence, laws are needed to offer protection to both from spousal violence.
Written by:
Aarjav Jain
Legal Intern At Advicebiz
Founder And Publisher at International Journal Of Advanced Legal Research (IJALR)
Student of B.A.LL.B (Hons.) from Himachal Pradesh National Law University, Shimla
Linkedin: https://www.linkedin.com/in/aarjav-jain-7448a8195/
[1] FindLaw . Domestic violence against men. Retrieved from https://family.findlaw.com/domestic-violence/domestic-violence-against-men.html
[2] Malik, JS, Nadda, A. A cross-sectional study of gender-based violence against men in the rural area of Haryana, India. Indian J Commu Med. 2019; 44(1):35.
[3] Sarkar, S, Dsouza, R, Dasgupta, A. Domestic Violence against Men: A Study Report by Save Family Foundation. New Delhi: Save Family Foundation; 2007. Retrieved from https://ipc498a.files.wordpress.com/2007/10/domestic-violence-against-men.pdf
[4] Kumar, A. Domestic violence against men in India: A perspective. J Hum Behav Soc Environ. 2012;22(3):290-296
[5]World Health Organization. Violence prevention; 2019. Retrieved from https://www.who.int/violence_injury_prevention/violence/en/
[6] Malik, JS, Nadda, A. A cross-sectional study of gender-based violence against men in the rural area of Haryana, India. Indian J Commu Med. 2019; 44(1):35.
[7]
https://www.legistify.com/blogs/view_detail/rights-of-a-husband-in-divorce-matter/#:~:text=The%20husband%20can%20apply%20for,for%20custody%20of%20the%20child.
[8] https://www.outlookindia.com/website/story/how-husbands-accused-wives-of-adultery-five-cases-from-the-past/317276
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