Introduction
India is a country with a rich history and a deeply rooted culture which has also been reflected in the Indian legal framework. This legal framework also has long been scrutinized for the role it plays in perpetuating gender dynamics. It's often seen that the focus of gender inequality often revolves around the challenges that have been historically faced by women, while it is also crucial to acknowledge and address the challenges faced by men in the current society. The legal framework which is shaped by socio-cultural norms and historical context has left men at a disadvantage in areas such as - family law, domestic violence cases, and workplace harassment, due to the lack of safety nets to protect men from the misuse of these legal provisions. This article examines the psychological impacts of these divides, highlights cases and discusses pathways for reform.
Gender Biases in The Legal System
Gender disparities have evidently been noticed in the legal system. Various gender specific laws are enacted based on historical injustice among which few of these laws create an unequal environment for men. Some of these laws include -
Section 498A of the IPC which is enacted to protect women from dowry harassment and cruelty but this law also has faced criticism as it has been misused in some cases and false accusations under this section can lead to various psychological distress among men which include anxiety, depression and social isolation. One such case is Kahkashan Kausar @ Sonam vs The State Of Bihar on 8 February, 2022 where the court mentions concerns over the misuse of this law and also observes the increased tendency of implicating husband's relatives over matrimonial disputes. The court thus rejected the FIR filed and also underlines the importance of preventing the misuse of such legal provisions in matrimonial disputes and protecting individuals from prosecution.
The Domestic Violence Act 2005 is another such act which primarily aims to protect women from domestic abuse. The biggest drawback of this act is that it overlooks the domestic abuse faced by men, creating an imbalance in addressing the broader spectrum of domestic violence. According to a recent study, around 52.4% of men experience gender based violence, while out of 1000 males 51.5% of men experienced violence from their wives or intimate partner at least once in their lifetime. The most common among them were emotional abuse which was about 51.6% followed by physical violence at 6%. Which shows the psychological distress men are going through but are not being addressed and represented by the media and the legal system.
In Hiral P. Harsora vs Kusum Narottamdas Harsora (2016) case court removed the term “adult male” and replaced it with “respondent” as it shall include everyone without discrimination on gender or age and the court also expressed the need for a more gender neutral approach in addressing cases related to family disputes.
The Maintenance Laws under section 125 of CrPC wherein men are obligated to provide financial assistance to their estranged wives regardless of the circumstances. This law has recently been in the limelight with the recent case of Atul Subhash, a 34 year old senior executive at a private firm in Bengaluru, India. In december 2024 he committed suicide leaving behind a 24 page note and a video message which went viral across social media platforms. In the over an hour long video, he accused his wife and her family of harassment and financial coercion. With evidence, he claimed that they demanded around ₹ 3 crore to settle the divorce case and ₹ 30 lakh for access to his son while paying ₹40,000 in maintenance– additionally, they demanded ₹ 2 lakhs per month. Following Atul’s death, the accused were arrested on charges of abetment to suicide. His family further expressed concerns over the well being of their grandson. This case highlights the need to prevent the misuse of these laws to ensure justice is served to all parties. Cases like these also highlight the impact of the pressures of financial responsibility, that is disproportionately attributed to men in the society.
Psychological impact on Men
The aforementioned gender divides in the legal system result in various psychological consequences in men with the stigma surrounding an offender even without concrete evidence. The idea of “Guilty until proven innocent” is often applied to men, and the interpretation of various media houses further worsens the situation and leads to various signs of psychological distress in men. some being -
Mental health issues as a result of false allegation and gender biased legal proceedings can lead to severe mental health problems in men like depression, anxiety and even suicidal tendencies as a results of social isolation, prolongled legal battles, social judgements and helplessness. As per NCRB data around 33.2% of men ended their lives because of family problems and 4.8% due to marriage related issues in 2021. In 2021 1,18,979 men committed suicide which is about 72% where as a total of 45,026 women committed suicide which is about 27%. Despite the staggering numbers, mental health of men is less talked about and overlooked.
Social Stigma and loss of reputation of men due to societal judgements leaving irreparable damage to their personal and professional reputation even after they are proven innocent. This stigma can often lead to lack of social support and social isolation which can lead these men to develop severe psychological disturbances.
Emotional Isolation as a result of poor legal representation for men as victims of abuse. There's a constant stigma surrounding men and abuse– often the man is seen as the abuser and any claim of the man being the abused is usually brushed off. This leads to serious psychological conflict in men who have been a victim of sexual, emotional or physical abuse. Such stigma makes seeking legal or medical help more difficult for men, as they are less likely to seek help from society due to expectations of masculinity, which discourages them from expressing their emotions and being vulnerable.
Financial strain can be a by-product of prolonged legal battles and lack of legal provisions particularly in those cases which involve maintenance and alimony. This further adds additional psychological distress and anxiety in men.
What Is The Way Forward?
This gender divide in the legal system is long talked about, but only a few changes in the system are seen as of now. This does show us a ray of hope but the bigger scheme of issues are yet to be addressed proactively. Achieving a fair legal system requires a shift towards gender neutral laws to recognize the vulnerabilities of every individual regardless of their gender. It can be achieved by -
Legal reforms by amending laws to safeguard them from being misused. Additionally, including provisions for male victims of domestic violence or sexual violence. Moreover, maintenance laws should account for a thorough financial check of both the parties before settlement and should not automatically be relegated based on gender.
Education and providing public awareness are the way forward to challenge stereotypes around masculinity. This will encourage men to seek help in times of distress, which in turn, will promote overall emotional and psychological well-being in men.
To create support systems via the establishment of counseling centres and helplines dedicated for helping men who are dealing with psychological distress as well as the implementation of bias-free provisions of legal assistance.
Providing training programs for legal professionals like judges and lawyers to uphold a more balanced approach to these gendered nature of legal issues in the justice system. While keeping in mind the psychological consequences of biased ruling and gender divides.
References
Nadda, A., & Malik, J. (2019). A cross-sectional study of gender-based violence against men in the rural area of Haryana, India. Indian Journal of Community Medicine, 44(1), 35. https://doi.org/10.4103/ijcm.ijcm_222_18