Are There Laws To Protect Men From Domestic Violence in India?

In India, domestic violence is often perceived as a gendered issue, with a focus on protecting women, who are most commonly victims. However, men can also be victims of domestic violence, including physical, emotional, verbal, or financial abuse. While the Protection of Women from Domestic Violence Act, 2005 (PWDVA) was enacted to provide legal recourse for women, men in India also have legal options available to protect themselves from domestic violence. The recognition of male victims of domestic violence has grown, but it is still often overlooked in legal and social discussions.

Legal Protections for Men in Domestic Violence Cases:

Gender-Neutral Provisions:

While the Protection of Women from Domestic Violence Act, 2005 (PWDVA) is primarily aimed at protecting women, the Act does not specifically exclude men from its provisions. It is important to note that the law is gender-neutral when it comes to addressing the nature of domestic violence. Therefore, men who face domestic abuse can, in theory, seek protection under the Act.

The Act defines domestic violence in a way that includes physical, sexual, verbal, emotional, and economic abuse. This definition can apply to any individual in a domestic relationship, including men.

Example: A man who faces emotional or financial abuse from his wife or partner could, in theory, approach a Protection Officer or the Magistrate to seek relief under the PWDVA.

Section 498A of the Indian Penal Code (IPC):

Section 498A of the IPC criminalizes cruelty by a husband or his family members towards the wife. This provision is often cited in cases where women are subjected to cruelty, but it has also been used in cases where men are the victims of cruelty within marriage.

While it primarily addresses female victims, a man who is being subjected to cruelty by his wife or her family members can lodge a complaint under IPC Section 498A. It is crucial to prove that the cruelty inflicted by the spouse is severe enough to fall under the provisions of the IPC.

Example: If a man is subjected to dowry-related harassment or constant physical abuse by his wife or in-laws, he may file a case under Section 498A.

Domestic Violence Act and Male Victims:

The Protection of Women from Domestic Violence Act (PWDVA) provides remedies like protection orders, residence orders, monetary relief, and custody orders for women victims. However, in cases where men are victims, the same reliefs can be sought under the law.

Example: A man who is facing physical or emotional abuse from his wife can approach the court for a protection order or residence order under the PWDVA. Although the law’s primary intent is to protect women, it does not exclude men from its ambit.

Legal Precedents and Case Law:

The Indian judiciary has acknowledged that men can also be victims of domestic violence, although cases involving male victims are often not as widely reported or discussed. Courts have granted relief to male victims under the PWDVA and Section 498A when adequate evidence is presented.

Example: In Radhika v. State of Maharashtra (2016), the Bombay High Court ruled that men can approach the courts for protection under domestic violence laws, provided they show that they are indeed victims of domestic violence.

Issues with the Application of Laws:

While there are legal provisions to protect men from domestic violence, societal and cultural factors often discourage male victims from coming forward. The stigma surrounding male victimhood in domestic abuse situations, combined with the perception that men cannot be victims, may deter them from seeking legal help.

Example: A man who faces psychological abuse or humiliation may feel ashamed or reluctant to approach the authorities, fearing that his complaint will not be taken seriously.

Male Domestic Violence Helplines and Support:

In response to the growing recognition of male victims of domestic violence, various NGOs and helplines have been set up to offer counseling, legal advice, and emotional support to men. These helplines provide a confidential space for male victims to seek help and guidance on how to deal with their situation.

Example: Men’s Helpline India is one such service that assists men in dealing with issues of domestic violence, including legal support and counseling.

Challenges for Male Victims:

Stigma and Social Perception:

Men often face significant social stigma when they report domestic violence. The stereotypical notion that men are the perpetrators of violence rather than victims can prevent them from seeking help or support.

Example: A man who is physically assaulted by his wife may not feel comfortable reporting the abuse to the police due to the societal pressure and potential embarrassment.

Lack of Awareness:

Many men are unaware of their legal rights when it comes to domestic violence. The majority of campaigns, services, and laws related to domestic violence have historically focused on women, leading to a lack of awareness about available resources for male victims.

Example: A man who faces emotional abuse or financial exploitation may not know that he is entitled to seek a protection order under the PWDVA or approach the police under Section 498A of the IPC.

Gender Bias in Legal Institutions:

Despite the legal provisions, there is often a gender bias within law enforcement and judicial systems. Male victims may find that their complaints are not taken as seriously as those of female victims, or they may face bias from police or court officials.

Example: A man may face difficulty in convincing police officers to file a complaint or take action in his case, especially if the officers hold traditional views about gender roles in relationships.

Example:

Example: A man faces constant emotional abuse from his wife, who belittles him in front of friends and family, isolates him from his loved ones, and threatens him with false accusations. He seeks help from a domestic violence helpline, which guides him on filing a complaint under the Protection of Women from Domestic Violence Act (PWDVA) and Section 498A of the IPC. The man is able to secure a protection order from the court, which prohibits his wife from approaching him or harassing him further.