Violence is a kind of word, from which everyone would refrain themselves to
experience the violent situation. It includes bloodshed, deaths of innocent,
ruckus and hatred among people. This happens when large amount of people and
involved and it's organized at a large place. But it's not necessary that it can
only happen in this format only. Violence could also happen in husband wife,
living couples when they are living together, share everything.
does take place in this format, then it's called what is it addressed as-
Domestic Violence. India has been the male dominant society, and it's still the
one, but proportion may be less now, because women are also the role player in
building the structure of society. Now, many people has this conception and pre
determined concept that, women are the most vulnerable being which is subjected
to these form of cruelty. But no being arrogant and after giving attention to
present situation, we have learnt that situation is also not good for the men
now. There are no laws regarding domestic violence against male members, and
thus it could be very difficult for them to have justice in their hands.
this study is conducted, and this could be eye opener for everyone. Many men by
now would be unaware, about the laws which could protect them, if they living in
this kind of situation. There has been recorded many cases, in men are going
through depression, anxiety attack, and worst mental illness conditions. This is
only happening because things are not going in their favor. For the readers,
many would be men and many would be women and its become imperative for both to
be in this discussion and know the ground reality without any flaws. And this is
not only confined to India only, but this is very evident in foreign countries
There also change has happened and the situation is execrable now for both
the genders. The researcher has tried to reap out all the material facts in this
study and to present this in front of you all. Also one more motive is that,
people should be educated about this prevalent problem which is now spreading in
the male domain also. We are not saying that there is no cases of domestic
violence against women, but know its attacking in every aspect.
The form of
research conducted in this study, is doctrinal research, which includes study of
laws, statutes, bills, ordinances. Also article, journals and little essence of
non doctrinal research would be showing in this study. The laws, amendments and
various ongoing activities in the legal fraternity, regarding issue of Domestic
Violence shall be perused. It becomes very important for us that how judiciary
is focusing on this issue, the role played by lawyers to get the justice for the
client in the matters where there are no defined laws. Thus every person in the
society should augment their knowledge in regards to their own available rights
Motive of the research- this research focuses on the epicenter of the problem
arising out in the society between married or unmarried couples which is known
as Domestic Violence. The causes, engenders, remedies, various landmark
judgments, how this problem is extending is domain in various aspects of the
society had been discussed.
Also objective to make awake the people who don't
know what domestic violence is, and what are the procedure shall be followed
through which they can get a free and fair trial. The minutest details,
technicalities during the ongoing probe and the cases which are under trial, how
they are being adjudged, and role of judiciary or arbitration and meditation to
eradicate this problem within lesser time, is the motive of this research.
Methodology- In this research the researcher has primarily focused on Doctrinal
research and the elements included in this kind of research. Also, some essence
of non- doctrinal research would be playing its role to make understanding for
the reader more clear and prices and to the point.
Scope of the research- the scope of the research is mainly limited to Indian
context but, it can surpass it and showing little about international status of
Research Questions: The questions are given as follows:
- How the matter is being taken up if there is no fundamental and codified
law in respect to that situation?
- In this time where modernity is augmenting day by day, is this problem
seriously a threat to structural foundation of the society?
- Is it difficult to differentiate between men and women that who is more
vulnerable and at the edge of problem?
it is expected that some of the problem may be faced by the
researcher are search of the provision in respect to problem against men. The
literature on this aspect of the problem may create hindrance to conduct smooth
Domestic violence may include physical or verbal abuse towards another and among
the family members and between the couple either married or unmarried. The
perpetrator may be mostly Men and victim is women. Have to go through tough
times and have to face throes. But now situation has changed. Now, the
perpetrator may be Women and victims will be men. Thus now it's revolving around
different- different aspects.
The implications and consequences are unwarranted
and untoward. Nobody wants to face this kind of violence as they traumatize and
dampens the health conditions of the person or victim. India being a patriarchal
or male dominated society, included mainly the women victims, and they are being
suppressed, subjected to cruelty and humiliation, and not a case of stunning,
may also includes sexual abuse.
Marital rape is one of the domestic abuses
against the men or women either, on which there are no prescribed laws and
regulations due to which this is not even illegal and criminal act. Think when
someone is humiliating you sexually without your consent even after being the
closest family members. This will create a unforgettable scenario in one's mind.
Thus, we have laws against domestic violence, for women as victims, in Indian
laws and had been recognized in 'Indian Penal Code
' [IPC] also there are
various acts like 'Protection of Women from Domestic Violence Act, 2005. Also
it is not the case like where this type of violence takes place only in family,
but also children can also be subjected to domestic violence. The term domestic
violence has the wider ambit and put many wider aspects under its aegis.
Children are abused by their guardians, relatives and parents for to make them
work in that direction in which they want. Also the punishment and the form of
reformative ways adopted by the parents and guardians mostly time may full under
the category of Domestic Violence. In the study conducted by the world health
organization [ WHO ] it has been stated that women from the region of South East
Asia which defined as India, Africa, Maldives, Sri Lanka, Thailand and other
countries falling under this region.
Women are more vulnerable to Domestic
Violence, in the aforementioned countries than European countries, America, and
Western Pacific. Severe and life taking diseases and health consequences are
linked to Domestic Violence like HIV- AIDS, Depression, and Post violence
Trauma, Anemia, chronic fatigue. Not using protections before sexual
intercourse, it may also conclude to domestic violence, and it may lead to more
serious sexual infections, which may deteriorate and dampens the health
conditions in the serious manner. Main motive behind promoting or using the
method of domestic violence is that to prove the male dominant and supremacy in
Generally, when DV takes place the major reasons are being stated
that, because of the things we're not going as per desires and admirations of
the male member of the relationship, the relation got worsened. The females and
girls are being denied their rights, they are not allowed to what they want to
be and to achieve their all life ascertained goals. Domestic violence, could
also occur because of the dowry issues, where girl has been asked by in laws and
husband to deliver more and more dowry after marriage, and if she refuted to do
so, the repercussions could go against her followed by mental torture, use of
battery and criminal force against her.
Same can happen with men also, but dowry
demand could not be the cause behind it. But other factors are responsible for
this, like unemployed husband, not having good job, can't earn up to the
expectations due to which women can't fulfill her needs and desires. Thus in
these situations, women is at the stage of dominating over him, and DV takes
place. There could be many form of DV which can occur which may be referred to
as, control, physical abuse, sexual abuse, emotional abuse and intimidation,
isolate, using male privilege and economic abuse.
Thus understanding what
Domestic Violence is is not a piece of cake. It's more like growing tree and
waiting for the fruits to erupt out of this. Addition to it, many judicial
members, officials and apex court had worked hard to make everything clearer and
ratified. In India we know judgments of Supreme Court of India, works as a
precedent and thus, judicial pronouncements are given more weigh and they had
furiously worked in the legal fraternity and to clear the perplexing concept of
Some of the terminologies should be discussed and we should know what it means,
so we can get the crystal clear clarity on topic of Domestic Violence. 
Feticide: killing baby in the womb of the mother, due to social gender
bias in favor of the male, without the consent on the mother before executing
the plan. Even if mother wants to bear the child, the patriarchal format of our
society, keep it in abeyance. Out of 8000 abortions made, it has been observed
that 7999 cases were of female fetus, means there was female baby in the womb.
Infanticide: in the primitive areas, people can't ascertain about the
sex of the person developing and growing in the womb. If the baby is girl or
female and as soon as she takes birth, she is being dined to live in this world,
and thus, they are killed by intoxicating high doses of opium, or are left alone
on the corner of a road, on which they are being eaten by the wild animals.
According to official reports, there is 10% higher mortality rate in girl baby
Physical rapes/ molestation/ gang rapes: The aforementioned crimes are
violence which is seriously and highly persistent in the Indian society. The
women safety is at threat, whenever they are stepping outside their home, they
feel insecure and even the barbarous ideologies of the people lead to commission
of these type f crime against women NCRB National Crime Records Bureau says that
every 10 minutes and women is being raped in any corner of the nations, which is
highly disgracing and highly shameless thing.
Dowry Death: This is also the one of the major issue prevalent in
Indian subculture. Marriage in ruler India and even also in urban areas is like
exchanging the daughter in terms of the price. High amount of dowry is being
asked by the Groom's side to just embarrass the other people, to make it show
off thing that how big community and honor they have in the community.
Victims of materialistic culture: The more and frequent use of
materialistic things, is one of the engender behind the increasing fatalities
and atrocities against women.
Domestic violence in Female DomainThe Preparatory At Home-
DV depicts the violence occurring domestically or within the family. Spousal
domestic violence is the more widely reported type of violence throughout the
India. It has been learnt through surveys that marriage women have been the main
victim for the acts of her husband. And unmarried victims had been subjected to
violence, marooned by fathers or step father, mother or step mother, and
teachers in schools.
But this is not reported or seen in majority as comparison
to spousal violence. As per the survey, all those married women who had been
through throes of domestic violence since the age of 15 years, 83% of them have
said their husband is the main perpetrator behind these acts. More worryingly,
it has recorded as per the data available that, women who have experienced
spousal violence, 8% percent of them had experienced mauling during the
violence, severe eye injuries, sprains and dislocation and 6% experienced deep
wounds, broken bones, broken teeth or any other serious injuries.
Factors responsible behind the violence
Physiology and Neurophysiology: Across the studies conducted it has been stated that, presence of hormones
in the male body like, testorone,
neurotransmitter, serotonins, dopamine. These are some of the hormones or
physiological factors, which could augment the aggression in husband's mind
leading to violence.
Alcohol or alcoholism: The relationship of alcohol to intimate partner
violence could be spurious and vexatious , but the relationship of men's
drinking to intimate partner violence remains even after statistically
controlling for sociodemographic variables, hostility, and marital satisfaction.
Also, consuming patterns also matters in the rate of violence occurring, because
every men ahs different pattern of consuming alcohol and not every men drinking
is abuser or batterer.
Attitude, gender roles and culture: sometime, personality traits tends
to be the factor behind the occurrence of violence against women. Attitude may
not deem fix to one person in certain atmosphere and situations, it may release
some hormones or neurological factors may come into play for ascertaining the
same. Also gender roles are one of the troublesome reasons behind the frequent
cases of DV. Because there are some fixed roles determined by the society as per
the gender of the person, it doesn't mean that, that person if fully capable and
fulfill those roles. And when person is not in the state of to fulfill that, the
conflict may arise over those particulars roles, which may turn into DV. Thus
some persons have different- different possession of skills and it keeps varying
from individual to individual.
Poor financial support: economical matters and paucity of earnings in
the family may lead to worsening situation between the existing relations.
Obviously, whatever we have to do, money is required every times, and this is
the needful things in the course of life. No one can deny behind the money as
the supreme force behind ones hardwork. Thus if there are no earnings, or spouse
of the women, rather than being a bread earner, he is involved in luxuriousness
overlooking the family demands and needs, there must be quarrelsome, it tends to
transfer into act of DV.
Sexual needs and Infidelity: sexual desires is one of the major
desires of the human body, in both the sex whether it is male or female. The
force is irresistible and no one can satisfy her life, without being in the
sexual relations with the opposite gender. Marriage is the socially approved
ceremony which grants the right to both to have the relations of consummation
with each other.
But sometimes, the needs get unfulfilled, mainly in men and
they get into other illegal and hidden relations with some other woman for
fulfilling some needs. Women also suffer this problem, but they are confined by
the societal forces and cultural prejudices. Also there could be some natural
disability relating to sexual organs in either sex, which can create hindrance
in sexual intercourse and reaching to the point of satisfaction. This converts
into the problem, frustration, and men dominant and can't resist them, creates
the bitter situation between the two, leading to stiff, violence and abuse by
either side at great amount.
Laws revolving around for protection [Female Domain]
The legal definition of the Domestic Violence has been provided in section 3 of
the Domestic Violence Act, 2005, which says, DV includes:
- Any form of abuse, whether physically, emotionally, mentally, sexual or
verbal abuse, and economic abuse, or
- Any kind of harassment, sustaining injuries to the aggrieved person, or
using any coercive action or by the help of any third person, for demanding
of any valuable security, or for dowry,
- Or otherwise, causing injuries or harms, unlawfully to the aggrieved
So above we discussed that, in the legal sense how DV has been defined, and what
were the tings and components which has been sprouted in the act.
Women have been seen as the equal human being to that of men in our Indian
constitution. In the ancient past of India, like pre Vedic and post Vedic
period, the status of women has always been considered inferior o\and
subordinate to the superiority of the men. Domestic violence is not a recent or
the modern concept, the difference is only it has been recognized by the law,
has been given name, and it has been acknowledged as the criminal act.
ancient writers like Manu, yagnavalkya, has always asserted that women should
always keep herself subordinate to the men, and all the men should have command
over their women in the family, there should be no freedom or leeway granted and
should always be confined to the boundaries set by the male member.
always been in the game for only fluffing the sexual desires of men and nothing
else. Thus as we have step into the modern world where every life matters, and
everyone is being treated equal and hence the abovementioned act herein has been
drafted and enacted in the year 2005, after observing the alarming spiraling the DV cases against women.
Protection laws [female]
There are various statutes and acts in Indian legal system which provides proper
and demanding protection to the victim and aggrieved person to that of DV. There
provisions, acts or statues have been given below:
Domestic Violence Act, 2005This act grants and entitles the women to have the security against such heinous
crime happening and are being committed in the Indian society. This act
prohibits and forbids any kind of violence against women, in the family by the
spouse, or any unmarried women having live-in-relationship. Economic abuse,
physical abuse, emotional abuse, emotional abuse, mental abuse, has been
thoroughly defined in the act, and the act has been drafted scrupulously.
into consideration every aspect in the terms of violence it has been broadly
dealt with various situations and laid down detailed provisions regarding
protection and safeguarding interest and right of the aggrieved. It also
contains the procedural follow up while going for taking a legal remedy, who can
file the complaint, against whom the complaint can be filled? These are the
certain questions comes into the mind of the victim while going for asking a
legal help. Thus this act is sufficed in itself mentioning everything.
India Penal Code [IPC], section 498ADowry had always been the issue in lime light after the ones marriage is
completed. This the common issue nowadays, and day by day varying situations
could be witnessed regarding dowry crimes. Husband and in laws of the married
women are the main suspect under this section. This section talks about the
offences, situation going against the women due to dowry issue, demand by
Under this section it has been covered that, any harassment against
women by husband or husband side, leading to any injury to the body, or any harm
whether it is physical or emotional is a crime. As Marital rape is not
recognized in Indian law, and its gives men a infallible right to have force sex
with his wife.
But even force sex without woman's consent can be challenged
under this section. Also any such act, which compels or induce women to take
such actions due to which she can lost her life, or have the threat on permanent
damage to her body, any limb or any other organ would also be considered as a
crime. Also harms include both bodily and mentally.
Dowry Prohibition Act, 1961This act, above mentioned two acts and provisions are totally interlinked to
each other. Somehow all these three acts have nexus among them. This act was
enacted in the year 1961, which claims the receiving of any gift, giving any
gift, for the purpose of dowry, by the either party of the couple, or any other
third party in respect to the marriage, will be punished. The motive behind
enacting and enabling this act was to eradicate the practice of dowry in the
marriages, and leash out this increasing crime.
But in the due course, the act
proved as ineffective and powerless, because even after enacting this act, there
was no improvement in the situation and the matters were still being reported.
Then this act was amended in 1984, and some more provisions were added to this,
which contained some detailed provisions which have to be and supposed to be
followed by giving gifts at the time or marriage. But still it was not a hard
hitting act, and thus provisions under IPC and Domestic Violence act was enacted
and existing rules and sections were further bolstered to treat this evil of the
society in further more stringent way.
Punishment under IPC for various related acts
- Section 304B:
This section of IPC defines the Dowry Death, or serious injuries leading the
life of the women to the serious stage, due to harassment and criminal act
used by the husband or husband side against the women. And punishment
defined for dowry death, committed by the accused, shall be punished for not
less than 7 years of imprisonment, or could be imprisoned for whole life.
- Section 305 and 306:
this section of IPC defines the offence of
abetment to suicide, against the deceased person. Former section defines the
offence committed by the child, insane, delirious, or has committed suicide
under the influence of intoxication or any person has abetted the suicide
against such mentioned person herein. Latter section defines the act committed
by any person, which compels other person to commit suicide shall be punished
for not less than described imprisonment or could extend up to 10 years of
imprisonment. Thus if any harassing means, use by the husband or the husband
side, against the women, which influenced her to commit suicide, can be punished
under the aegis of this section.
- Section 340 and 349:
both the sections are of IPC. Former section
talks about the wrongful confinement with criminal intention. So if any male
spouse, whether married or living in live- in- relationship, wrongfully confines
her female spouse, with the motive to extort or use any coercive action or to
torture her physically shall be punished under this section. Latter section
talks about the, force used by anyone against other which is criminal in nature,
which causes motions, or disrupts the motion, or cessation to motion to other or
by use of any other substance against someone.
- Section 314 and 315 :
these both the sections, defines the punishment
and indirectly states the feticide and infanticide. Section 314 states that if
any person commits such act which intends to cause miscarriage of women, or
causing to death to that women with criminal intentions or without any helpful
cause, the person shall be punished for imprisonment which could extend till 10
years. Latter section i.e. 315 of IPC defines the act committed by any person
against the women, with intention to prevent the child of being born, or does
such act that kills the child before being born, or kills the child
instantly after being born shall be punished with same punishment defined
under section 314 of the IPC.
In the matter name S.R. Batra .V/Smt. Taruna Batra
 the apex court decided the
clarified and ratified the definition of Shared Household given under section 2
[s] of the Domestic Violence act, 2005. Supreme Court said, that the definition
is bleary and not very clear, and it clumsy to be clearly interpretated.
Supreme Court defined Shared Household, as the house taken on rent or bought
personally by the husband of the women and then only, that women will only be
entitle to demand for the right to residence. And if in the property, if husband
is not a member or does not have any involvement, the woman has no right to
entitle any claim.
In the matter, D. Veluswamy /s D. Patchaiammal
the question raised about that
if any couple residing in same residence in live-in-relationship and are not
married, so does that girl oe women has right to claim and maintain action under
Domestic Violence Act 2005? The apex court contended five imperative ingredients
which will make the matter to be under this act, which were
- Both person in the relationship should act as a husband and wife, and
thus should be recognized as husband and wife by the society
- That, both the person in the relationship should be of legal age,
- That, both the person in the present live in relationship should not be
having any other spouse at that time of point,
- That, they must have lived together for shared household.
Above mentioned points were considered as the essential at the time of
ascertaining the maintainability of the matter under the concerned act. Also
asserted that, not all live-in- relationships should be considered under the
concerned act. Also similar principle has been lad down in another case decided
by the Bombay High Court in the matter named, Reshma Begum v/s State of
Maharashtra & anr.
in the case named Sanjeev wankhede v/s Sandhaya wankhede
, the issue raised
that against whom the complaint can be filed? As the issue has always remained
contentious given under section 2[q] of the concerned act. The given provision
is ambiguous in nature, and does not clearly states the person, against whom the
complaint can be legally filed. Thus judiciary has confronted this many times,
and finally Supreme court has come into the play and decided that, in the above
mentioned provision, male member, husband and any female member could be the
person against whom the complaint could be filed easily, but all aforementioned
members should be of husband side, and must had done something against the
In the matter named, Krishna Bhatacharjee v. Sarathi Choudhury and Another
, Supreme court examined whether the this court is the duty of court in
ascertaining these kinds of method, and in the judgment they had laid down some
obligations, which have to be followed by every court of law while deciding
these cases and which are:
- That every court should examine the facts thoroughly from all the
possible angels, and whether the plea filed by responded to nullify claims
of the aggrieved are whether correct?
- That before putting any plaint of the aggrieved to the threshold it is
the duty of the court, to scrutinize that there should not be any abuse of
legal process with the aggrieved, and also that proper rule of law must have
been followed, because the act enacted is the affirmative and has been
enacted while considering the rights and interests of all the women
entrusted under Constitution Of India.
In the next matter named, Vimlaben Ajitbhai Patel v. Vatslaben Ashokbhai Patel
. Supreme Court was confronted with the issue that whether the
maintenance of the wife is the duty of husband under the Domestic Violence Act
2005? After coming to the conclusion court reiterated that, husband has the duty
and is obliged to maintain her wife as per the provisions of Domestic Violence
Acts, read with Hindu adoption and Maintenance act.
There is a clause in Constitution of India, which is article 20  which states
that no law which has been drafted and enacted subsequent to the offence
committed shall have retrospective effect. But Supreme Court in the case named,
V.D. Bhanot v/s Savita Bhanot
, upheld the decision given by the Delhi High
Court, in which retrospective effect was discussed regarding Domestic Violence
Acts 2005. Delhi High Court said that, if the women has shred household with her
husband before the enactment of the said act, she would be still entitled to be
entertained or claim maintenance under the concerned act.
In the case relted to dowry death defined under section of 304B of IPC, a case
named Satbir Singh v. State of Haryana the supreme court said that, the when
the prosecution is able to proof the elements of the offence and the facts has
been established clearly before the court, then the burden of proof shifts upon
the defense. Also stated that provisions given under section 304B are more
stringent to that of mentioned under section 498A of the IPC. The crime is non
bailable, and cognizable in nature.
Domestic Violence in Male Domain
While moving towards domestic violence against men, it will raise many
unanswered questions, in the mind of people. Generally, we have seen that, women
are the only subject of DV and all the crimes happening around us. We always
have believed and there have been many superstitions that, men do have
masculinity, they have power physically, they can dominate others and thus, it
would be nave of thinking that men can be ever subjected or victim of offences
such as DV or molestation, rape.
But we have forgotten one thing that society
has been developed, and every woman knows about her rights, and everyone is
being treated equally with each other. Thus, women have developed more, and it's
very eminent that these kind\d of offences could be committed against men also.
Thus it has been learned by the legal jurist in India and also in international
countries, that DV happens against men also, but the cases are being not
reported, or can't be decided because of paucity of legislations in favor of
male domain of the society. The DV could be commissioned against men in certain
- Slurring men, using slangs and abusive phrases, amounting to mental
- Scratching upon the past incidents, this can lead to emotional
stability, and called as emotional abuse.
- Showing oppressive behavior, being over possessive at every moment of
life, and getting miffed of jealousy of recognition of the male in the
- Intervening with his enjoyment and precious moments with family and
- Being an authority over controlling his finances and expenses, even if
he is earning well.
- Using physical force, slapping, minor violence at frequent intervals in
- Threaten to harm or sustain injuries to him or to his family members or
to punish him, without any lawful and valid justification.
- Unknowingly aversion because of personal reason against men
Statistics show that, 1000 men studies out of which, 52.4% men have experienced
gender base violence at their home or any other place, in India. 51.5% men, has
faced domestic violence or intimate partner violence in their homes. That
included both physical as well as emotional violence. And not forgetting, 10.5%
men have faced gender based violence through their intimate partner in homes,
which is slightly different to that of DV.
Thus it has been recorded in the
usual course that, most ubiquitous form of violence, if being committed against
men in Indian society, is physical and emotional abuse, which can be totally
co-related to the points mentioned above. There could be any reasons behind the
erupting violence matters against male and this is percolating in various organs
of the society and also at the grassroots society, with untoward pace. This
could be the factor behind the cracking of societal foundation, and could dampen
the coming generation and their life lessons.
The reasons hidden and settled for DV in male domain are:
- Gender pre determined facts and stereotypes in society:
it is usually
notices that India is seen as the male dominated society, and runs behind the
authorities of men. Thus, men being victim of this kind of violence, are silent
and not reporting the issues, because of the societal thinking and norms. It is
very much settled that women could be only sufferer of these evils, and thus all
Indian laws have been settled in favor of female domain.
- Emotional and family pressure:
in India we mostly follow the concept
of patrilocal, where married couple lives with the family of the husband only.
Thus fearing of getting insulted, and loosing the earned respect, if the
incident would be reports, is one of the major cause behind this huge
underreporting of the incidents, at such colossal level.
- Financial issues and unemployment:
not having sufficient bank balance
in their accounts, poor income means, which could miffed the women or spouse of
the person. Thus this is one of the reasons, why women commit the DV against men
because of the insufficient money, which can't help to even fulfill the basic
needs. Also the high unemployment rates amid men has been noticed from some past
months, due to which many have lost their well settled jobs, and many could find
new one. This creates mental instability in mind and disrupts the thinking
process of the individual. And thus unresponsive person in the daily course of
households would be creating the situations where DV can happen very certainly.
Effects of violence on men
Any unreported and unaccepted violent incidents may make men weaker from inside,
as managing everything from officials work to taking responsibility form pin to
car of house establishment. Being a bread earner, working as a official in
offices, being scolded by superiors, and thus again getting into the negative
atmosphere can dampen and deteriorate the health conditions in very bad manner.
WHO in 2002 has stated that denial of these incidents may lead to more plunging
of men, into drugs, smoking, alcoholism, increased sexual desires and high blood
pressure. Also it has been noted that more suicidal rates are found amid married
men, married women only thinks of committing of suicide, whereas more number
then women thinking commit the suicide.
The very saddening and dejecting issue in the Indian legal field is that,
despite of recording cases of DV and other incidents of violence against men,
doesn't make any step forward to secure the interests and rights of men. Rather
protecting the men against this crime, we can see other concept like Legal Bias
towards safeguarding only women. The laws like Dowry Prohibition Act, and
passing on of section 498A by the Supreme Court in the past years proves this
and this is the living evidences that, men are the only predators and made up of
iron, which cannot face any harm by the family or society.
Situation in International Domain
As per the data available this is not only confined to Indian society and Indian
atmosphere only. This type of recklessness at the end of Government in terms of
not drafting any descent laws in protection of men. This could be easily
witnessed in surveys conduction US, UK and AUSTRALIA. It has been recorded that
1 out of 9 men, faces the DV from their intimate partner, in house or physical
harm and 1 0ut of 7 men face only other violence related offences through their
In the UK, 2 out of 5 men faces domestic violence from their intimate partners,
which stays underreported and hidden behind the faced. This popularly reputes
that, only women are only subject to domestic violence and not men. The British
crime records represent that, in 2004-2005 and 2008-2009, approx. 40% of men
were victim of DV. But in the recent years it has slightly dipped own to 37%.
Thus these are the sufficed evidences that this evil of the society has just
step into the male domain issues, and drafting laws and swift implementation of
laws is need of the hour, otherwise the societal structure of marital
relationship and families bond would take another and unwarranted turn.
From the above mentioned information that DV is the most found and prevalent
evil of the society. The legal matters and offences related to Domestic violence
are increasing day by day. We have seen that how women, have been facing this
problems, the laws, the acts t\and the remedies available with themselves to
take shelter under justice, which will be provided by the courts of law. We also
learnt about the many factors and engenders responsible behind the offences like
Sociological issues, socio-legal issues. Mental and emotional
factors, the responsiveness of human body in these kinds of situations, also
matters behind the commission of such offences. Also some pre Vedic and post
Vedic Hindu literature, Vedas and such kind of readings, which defines the
status of women, the way they should be treated, should not be followed in these
modern times, where various new concepts had emerged which talks about the more
advanced ideologies, and way to bring tranquility and harmony in the society,
rather than following this primitive ideologies, which crated unnecessary and
unwarranted conceptions, which wholly destroys the social structure.
stereotypes against men that, this particular sex cannot face such offences and
this cannot be subjected to cruelty, has been developed because of those
primitive readings and literature, and it will need more and more upcoming years
to just weed out these conceptions from the society, because the roots of these
has been cemented by our elders, which doesn't make any sense in today's times,
where there are notions like equality, equity, gender neutrality.
sidelining these things, we should work towards bringing equality in the
society. Article 14 of the Indian Constitution defines the, equality before law
for every individual, then why the laws are only advocating the interests of
women only. It very evident that cases are being surfaced against women, and
despite of this well known fact the governments are silent and no action is
being taken to consider this execrable situation. It's high time that these
issues should be drafted against these times of silent killing of men, and it
could be tackled by effective means like awareness campaigns and role of Apex
court, could play an imperative and laudable role in deciding the fate of this
Also we had gone through various judgments dictated by the apex court,
and which we have noticed one thing that everything was in the favor of women,
only and which represents the hyped gender bias roles. Also the misuse of
section 498A of IPC by women, to just take the unjust and undue advantage of
having privilege by the laws, shall also be looked into. Also we confronted
several laws and acts in which women can claim for the maintenance and under
which they can file the complaint against the predator.
There is not only one
law, but several other laws are implemented, which helps to clarify and make
things more sharper if something seems to be bleary. Thus focusing on every
aspect of the society, we should consider everything's, proper scrutiny of facts
shall take place, proper rule of laws shall be followed, and matters should not
only be adjudicated only on the merits of gender of the aggrieved person.
- With respect to the unavailability of laws, proper guidelines and
framework should be prepared for the situations arising out and there are no
particular laws to entertain them.
- Surveys, interviews, case studies, and non doctrinal method could be
used to know the present situation in the society, and as per the collected
data and analyzing it, the final decisions could be taken and then the
particular regulations or provisions or acts could be enacted.
- If the laws are available, then swift and careful implementation should
be done, and court and the legal jurist should be very attentively
scrutinize the facts, and then only the rational of the judgment shall be
- If the existing laws, depicts some flaws or doesn't deem fit as per the
recent trend in these kinds of matters, those provisions could be amended
with, and also, new explanations and provisions could be inserted into those
- Police officials should be clear while preparing the charge sheet in
such criminal matters, and because it could be the base of whole case and
one wrong charge against the accused could make the case trickier and will
consume more time. Thus from the primary level, detailed investigation of
facts and situation should be taken into consideration and then only,
charges should be framed against the victim.
- Accurate and detailed mechanism should be drafted to report the cases,
as in the recent trends it has been seen that, the cases of DV against men are
underreported and this may create further obstacles and hindrances in drafting
the provisions and laws. thus there should be guidelines dictated and formulated
by the Supreme Court only, which will be followed as next to law because, the
judgments of apex court in India is referred as the precedents.
- Prarthna Kumari, Laws Against Domestic Violence In India, Soo Legal, Dop-
3 September 2020
- Important Judgments on Domestic Violence Act, 2005, Vakilno.1.com, Dop-
11 February 2019 [ https://www.vakilno1.com/legalviews/important-judgments-on-domestic-violence-act-2005.html
- Find's lawteam, Domestic Violence Against Men, Find law. Dop- 15 October
- What is domestic Violence, ywca Yakima, [https://www.ywcayakima.org/connect-with-us/introduction-to-domestic-violence]
- By- Dr. Prescila Sheron, Domestic Violence Against Women In India: A
Family Menace, Volume-4, Indian Journal of applied research, Pg. 147
- By- Sumedha Kirti, Every Third Woman in India Suffers Sexual, Physical
Violence at Home, NEWS 18, Dop- February 8 2018, Top- 9.41 pm.
[ https://www.news18.com/news/india/the-elephant-in-the-room-every-third-woman-in-india-faces-domestic-violence-1654193.html ]
- Section 304B, IPC,1860
- Section 305 and 306, IPC, 1860
- Section 340 and 349, IPC 1860
- Section 314 and 315, IPC, 1860
- S.R. BATRA SMT.v/s TARUNA BATRA, Appeal [ civil] 5837 of 2006
- D. Veluswamy /s D. Patchaiammal, 1991 2 SCC 375
- Sanjeev wankhede v/s Sandhaya wankhede, Crmnl. Appeal, 271 of 2011
- V.D. BHANOT v/s Savita Bhanot, 2012 3 SCC 183