We regularly hear about instances of injustice or sexual harassment against women in the workplace. It’s a common misconception that injustice only affects women when it occurs. People rarely consider the fact that men might experience harassment as well. But recently, reports of male harassment have surfaced. In many cases, the harassed males have not received justice since the belief is that the woman is entitled to her preference and that the man is at fault. When it comes to dowries, sexual harassment at work, Section 498 of the IPC, maintenance payments to spouses and children following divorce, and a host of other instances, women are given preference in society while males are oppressed. Bias against males because of their gender does exist sometimes. Men are the victims of society because women are protected by a plethora of laws, while men are not. The rights of men are the focus of numerous social groups and non-governmental organizations. In addition, harassment may also have psychological undertones. It goes beyond just sexual.
Men who suffer and remain mute about it
Given the rise in baseless allegations and the mishandling of laws meant to safeguard women, many people ask themselves, “Are men vulnerable?” Guys are prone to vulnerability. They have feelings because they are human. They go through highs and lows in their life. People are unable to openly express themselves because of their mindsets. The concept of patriarchy is still commonly acknowledged in modern society. With the rise of patriarchy, toxic masculinity has undergone significant evolution. Toxic masculinity is the term used to describe traditional cultural norms.
These are a group of characteristics, behaviors, duties, and societal mores that are commonly connected to boys and men and have the potential to be harmful to both men and women as well as society.
To offer a general notion, phrases such as “Be a man,” “Only women cry,” “Men cannot wear makeup,” and so on are examples of toxic masculinity. Because toxic masculinity has become so embedded in our system, it is currently slowly consuming it.
Males experience physical, psychological, emotional, and body harassment abuse in addition to sexual assault. They are also victims of domestic violence. They often find it difficult to express their suppressed emotions in public because they feel ashamed and worried about looking weak. Consequently, cases with male victims go unreported. All of these have led to a decline in men’s mental health and an increase in the incidence of suicide and self-harm cases among them.
Dowry and cruelty laws
Dowry is prohibited by the Dowry Prohibition Act of 1961. According to Section 304 B of the IPC, it is illegal to demand a dowry or to cause the death of a dowry. These days, wives take advantage of dowry laws to agitate and harass their husbands. The primary reason behind men’s high suicide rates is the persistent pestering from their wives. Dower laws are a tool that wives can use to protect themselves from their husbands and their families. But what should happen if wives make use of these laws to torment and abuse their husbands mentally? The Bombay High Court decided in Sanjay v. Anita [1]that a false accusation made by a wife against her husband and his relative is grounds for divorce because it is considered mental cruelty to the spouse.
A married woman who commits suicide within seven years of her marriage is likely to have had assistance from her husband or family, according to Section 113B of the India Evidence Act, 1879. If this happens, she would be tried under Section 304 B of the IPC. Because it is presumed—in the lack of any evidence—that the spouse or members of his family are to blame for the death, this section discriminates against men.
Before July 2014, Section 498A of the IPC allowed for the immediate arrest of the husband or any family member whose name was mentioned in the complaint, without the requirement for an arrest warrant or an investigation. The relevant parties are imprisoned based on a Section 498A complaint alone, without any investigation. Bail is not required for violations of Section 498A. On July 2, 2014, the Supreme Court struck down this discriminatory clause against men, ending the practice of instantly initiating an arrest without a warrant or investigating a complaint lodged under Section 498A of the IPC. The Hon’ble Supreme Court gave the government instructions in August 2010 to change Section 498A of the IPC to make it a crime that is subject to bail because of a rise in the number of false accusations made by women against their husbands and family members.
Married women cannot be punished for encouraging. In Yusuf Abdul Aziz v. the State of Bombay[2], the plaintiffs argued that section 497 of the IPC improperly discriminated against the masculine segment of society, casting doubt on the lawfulness of the section. Nonetheless, a court decision has determined that women are not responsible for promoting adultery.
Divorce
A divorce occurs when one or both parties decide to end their marriage. Divorce may be sparked by any arguments or misunderstandings between the partners. Wives were formerly pressured to apply for divorce due to dowry demands, dowry deaths, cruelty, an illicit relationship between the husband and other women, and a host of other issues. But things change over time, and these days, husbands have to deal with their wives’ harassment and numerous court filings. Some wives even harass and mistreat their husbands in public. The wife in Dastane v. Dastane [3]mistreated her husband and put him through a lot of pain. She insulted him in front of his friends and screamed at him, declaring the Dastane family unfit to live forever. The spouse initiated the divorce procedure because of these acts, which amount to mental abuse directed at him.
Male sexual harassment is becoming more common.
The prevalence of male sexual harassment at work is rising. In addition to female employees, male employees also face harassment at work from their supervisors or coworkers. Since it’s not a huge deal for everyone, nobody wants to accept it. However, it is a big issue for the male sufferer. This is because guys are unable to point out their figures due to their inflated egos. A common misconception is that harassment just impacts women and doesn’t happen in other situations. Not just women, but men can also become victims of sexual harassment.
Real-World Examples
- One incident had a Mumbai girl called Maryanna Abdo claiming, after sharing a picture of the man on social media, that he had masturbated in front of her in public. She begged the public to assist her in finding that person so that she could take appropriate action against him. But after the investigation, it was found that the girl had made up her account. Her sole goal was to annoy the man.[4]
- There was a similar incident in New Delhi in August 2015. A man on a royal Enfield motorbike was included in a photo posted by St Stephens College student Jasleen Kaur, who claimed that the man had made derogatory or abusive comments about her. She added further that he harassed her in public. Jasleen was found guilty of abusing her legal authority after the investigation. These real-life incidents clearly show how harassing women can be to males. Virtual harassment is another possibility. Mental harassment can affect men as well.[5]
- Immediately after, a man shared his horrifying experience of being harassed sexually at work. The man worked at a company that provided job advice. He was one of the company’s more senior employees. The girl was always drawn to him, no matter who else worked for him or was employed by him. The girl used to regularly review his work as a supervisor and correct any mistakes that she found. One day, while working late, she informed him she liked him. But the man said, quite nicely, that he was not interested. After this incident, the girl gave the guy terrible treatment. But a few days later, they were working through the night together. When the woman approached him in her undies, the man didn’t know how to react. She went to him and told him she was paying him when he was no longer needed. He felt unqualified for the job, so the next day he resigned from that office.
Suggestions
Some suggestions that could help create gender-neutral laws if they were put into legislation are listed below.
By replacing the word “husband” with “spouse,” Section 498A of the Indian Penal Code, 1860 shields women against abuse at the hands of their husbands and their families. It could be more gender-neutral as well as happier and more auspicious.
In parallel, the Indian Penal Code, 1860’s Section 498 A may require some adjustments and updates to the Protection of Women from Domestic Violence Act, 2005. Alternatively, a similar provision might be included to protect men.
While there are regulations that protect women from sexual harassment in the workplace, there aren’t any particular guidelines that could help men. Therefore, enacting such laws could represent a step towards gender parity. In 2000, the Law Commission of India proposed, in response to the Supreme Court’s landmark Sakshi v. Union of India, 2004 decision, to replace the term “rape” with the term “sexual assault,” encompassing all genders within its scope.
A few years later, the Justice Verma Committee of 2012 advocated for gender-neutral laws in its report. It suggested calling all victims of sexual assault “persons” as opposed to “women.” The Criminal Law (Amendment) Ordinance 2013, published in The Gazette of India, supports the position of the Committee. The Indian Evidence Act, the Code of Criminal Procedure, and the Indian Penal Code were altered or removed, while sexual harassment, voyeurism, and stalking were added to the Indian Penal Code by the spirit of gender-neutral law.
The Criminal Law (Amendment) Act 2013, however, repealed and replaced the gender-neutrality ordinance after a mere 58 days of operation, therefore restoring gender-specific prohibitions.
Conclusion
In conclusion, Article 14 of the Constitution guarantees the right to equality to all Indians. Women are prioritized and given preference over men in some circumstances, nevertheless. There are several reported cases of males being abused physically, sexually, or mentally. Men are not exempt from prejudice; they too may be subjected to comparable forms of tyranny. A lot of women misuse the privileges that are given to them. dishonestly abuse the power bestowed upon them and fabricate allegations against the partner and his family. Men are sexually abused at work. Every day, the amount increases. They are hesitant to accept the societal belief that men are incapable of abusing women. Nonetheless, many men have come forward to talk about the worst instances of sexual abuse they had at work. Both the judicial system and society penalize male society unfairly. In our country, everyone should be entitled to a dignified level of living and equitable treatment. Therefore, it is wrong to treat one group of people unfairly while treating others equally in a country like India. For this reason, it’s critical to eradicate injustice in our country and speak out against gender-based sexual assault.
As part of the progressive growth of the socio-legal framework, it is necessary to acknowledge the rights of men and the LGBTQ+ community due to the decriminalization of Section 377 of the Indian Penal Code and the gender-neutral nature of violence. Women can mistreat men or other women financially, verbally, physically, emotionally, or otherwise. Furthermore, a woman may abuse a guy sexually and vice versa.
For this reason, it is crucial to enact laws and policies that are gender-neutral and prohibit all forms of violence, regardless of who is to blame for their incitement—men, women, or other individuals. Laws ultimately need to be drastically changed so that they protect criminal victims rather than specific genders.
[1] AIR 2007 P-H 136, (2007) 147 PLR 594
[2] 1954 SCR 930
[3] 1975 AIR 1534, 1975 SCR (3) 967
[4] Gayatri Jayaraman, Social media naming and shaming: Is it really justice?, (Aug. 25, 2015), https://www.dailyo.in/politics/delhi-molester-jasleen-kaur-mumbai-pervert-maryanna-abdo-media-dimapur-lynching-social-media-police-5865.
[5] Stela Dey, Delhi Biker, Accused Of Molestation In 2015 At Signal, Gets Clean Chit, https://www.ndtv.com/delhi-news/sarvjeet-singh-bedi-accused-of-molestation-in-2015-by-jasleen-kaur-at-traffic-signal-acquitted-2124784.
Author: Meghavi Jindal
Juris Centre 