News Articles

India has recently enacted a new set of criminal laws – the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA) – aimed at modernizing its criminal justice system by replacing the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act, respectively. The introduction of these new laws marks a significant transition in the legal landscape of the country, prompting a necessary re-evaluation of the existing legal protections and recourse mechanisms available to all individuals, including those who may not traditionally be considered the primary victims of certain crimes. This challenges the long-held societal and legal understanding of domestic violence as an issue predominantly affecting women and necessitates a thorough examination of the new laws from a perspective that considers the possibility of men also experiencing abuse within domestic relationships.

This study will analyse the relevant provisions of the BNS, BNSS, and BSA to determine the legal avenues available for men claiming domestic violence, considering the ongoing debates surrounding gender neutrality in such laws and the practical challenges that male victims may face. The structure of this study will encompass an examination of the definition of cruelty under the BNS, the broader discussion on gender neutrality in domestic violence legislation, the specific legal recourse available to men under the new laws and other relevant legislation, the procedural aspects of filing a complaint under the BNSS, the role of evidence under the BSA, the challenges and existing legal interpretations related to this issue, and finally, recommendations for potential legal reforms and support mechanisms.

1. Defining Cruelty and Domestic Violence under the Bharatiya Nyaya Sanhita (BNS):

Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS) are central to understanding the legal definition of cruelty within a domestic context, and these sections directly correspond to the erstwhile Section 498A of the Indian Penal Code (IPC). This direct lineage indicates a continuation in the legal approach to 'cruelty' within matrimonial relationships, with a primary focus on the wife as the aggrieved party. Section 86 of the BNS provides the definition of "cruelty" for the purposes of Section 85. It includes any wilful conduct that is of such a nature as is likely to drive a woman to commit suicide or to cause grave injury or danger to her life, limb, or health, whether mental or physical.

The explicit mention of "woman" in this definition inherently limits its direct applicability as a primary recourse for male victims who might experience similar conduct from their spouses or relatives. This highlights a fundamental aspect of the gendered nature of this provision within the BNS. While men can theoretically be subjected to unlawful demands, the specific formulation of this section caters to the more commonly reported experiences of female victims.

Section 85 of the BNS prescribes the punishment for whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty, which includes imprisonment for a term that may extend to three years and a liability to fine. The punishment is triggered by the act of subjecting a woman to cruelty, reinforcing the gendered application of this legal provision.

It is also pertinent to note that these sections are placed within Chapter V of the BNS, which is titled "Offences Against Women and Children". This placement within the BNS further underscores the legislative intent to primarily safeguard women under these specific provisions, potentially overlooking or marginalizing the experiences of male victims of domestic violence.

2. The Question of Gender Neutrality in Domestic Violence Laws

There is an ongoing and significant debate in India regarding the necessity of gender-neutral domestic violence laws. This discussion reflects a growing awareness that domestic violence is not an issue exclusive to any one gender and that a legal framework that primarily protects women might be inadequate and potentially discriminatory. The Protection of Women from Domestic Violence Act, 2005 (PWDV Act), is a key piece of legislation in this context, and its primary focus is on providing protection to women as victims of domestic violence.

The Supreme Court has acknowledged the potential for misuse of dowry harassment laws like Section 498A IPC (now BNS Section 85) but has maintained its stance on the legislation being primarily for the protection of women. However, in the case of Mohammed Zakir V. Shabana, the Supreme Court held that the Domestic Violence Act, 2005, could protect domestic partners irrespective of their gender. This judgment suggests a potential avenue for male victims under the existing PWDV Act, although its primary focus and language remain cantered on women.

3. Legal Recourse for Men under the Bharatiya Nyaya Sanhita (BNS) and other Criminal Laws

Other sections within the BNS might offer some legal recourse for men who are victims of abuse in domestic settings. These could include sections related to assault (Chapter IV of BNS), hurt (Chapter IV of BNS), criminal intimidation (Chapter IV of BNS), or other relevant offences against the human body.

For instance, Section 319 of the IPC (now likely mirrored in the BNS) defines "Hurt" as any bodily pain, disease, or infirmity caused to any person. Similarly, provisions exist for grievous hurt, wrongful restraint, confinement, criminal force, and assault, which could technically be invoked by male victims of domestic abuse.

However, these general criminal law provisions might have limitations in adequately addressing the specific dynamics and patterns of domestic violence, which often involves a continuous course of abuse and control within a domestic relationship. The unique challenges faced by male victims, such as societal stigma, reluctance to report, and the lack of specific support systems, can further limit the effectiveness of these general laws in providing meaningful remedies.

The absence of specific legal provisions and support mechanisms tailored for male victims can contribute to underreporting and a lack of effective legal recourse.

It is also worth noting Sections 246 and 248 of the BNS (corresponding to previous IPC provisions) which deal with false claims in court and false charges of offence made with intent to injure. These provisions could potentially be used by men who are falsely accused of domestic violence, but they do not directly address the issue of men being victims of such abuse.

4. Absence of Specific Laws for Male Victims:

Advocacy from men's rights organizations and legal professionals has grown, pushing for a more balanced legal framework that recognizes that both men and women can be victims and perpetrators of domestic violence. Nevertheless, there are opposing viewpoints, particularly from women's rights advocates, who argue that the current laws focused on women are crucial for addressing the historically marginalized status of women and the disproportionate rates of violence they face. This continuing discourse highlights the complexities involved in reforming domestic violence legislation to ensure fairness and adequate protection for all individuals.

5. Seeking Divorce on Grounds of Cruelty:

Cruelty is a recognized ground for divorce under various personal laws in India, such as the Hindu Marriage Act. This provision is gender-neutral and can be invoked by men against their wives for both physical and mental cruelty. Mental cruelty can include a wide range of abusive behaviours that cause significant distress and harm, such as constant insults, humiliation, false accusations, threats, and emotional manipulation. While seeking divorce does not directly address the violence with immediate protective measures, it offers a legal pathway for men to end abusive marriages and seek relief from the cruelty inflicted by their wives.

6. Procedure for Filing a Complaint in Mumbai:

A man in Mumbai experiencing domestic violence or abuse can take the following legal steps to file a complaint:

1. Approaching the Police Station:

   The Bharatiya Nagarik Suraksha Sanhita (BNSS) outlines the procedure for filing complaints related to cognizable offences. Generally, any person, including a man claiming domestic violence, can file an information about a cognizable offence at a police station, which is then required to be recorded and may lead to the registration of a First Information Report (FIR).

   Section 173(3) of the BNSS introduces a provision for a preliminary inquiry in certain cognizable offences punishable with imprisonment for three to seven years, which can be conducted with the prior permission of an officer not below the rank of a Deputy Superintendent of Police.

   This provision might lead to a more cautious approach when dealing with complaints from men alleging domestic violence, particularly if the alleged offences fall within this punishment range, potentially due to prevailing societal scepticism towards such claims.

   However, Section 199(c) of the BNSS makes it punishable for the police to fail to record information on offences against women and children, suggesting that complaints by women might still be prioritized in terms of immediate registration of FIRs without a preliminary inquiry.

   The concept of a "Zero FIR" allows a complaint to be registered at any police station, regardless of the location of the crime, and subsequently transferred to the police station with the appropriate jurisdiction. This could be beneficial for male victims who might face difficulties or hesitations in reporting abuse in their local area due to stigma or fear.

   Furthermore, the BNSS enables legal proceedings to be conducted electronically, including the filing of complaints and recording of evidence. This modernization could offer more discreet and accessible ways for male victims to report abuse, potentially lowering the barrier to seeking legal recourse.

   You can use the QR Code to access the Mumbai Police complaint registration page to file Zero FIR

   

   You can use the QR Code to access the Mumbai Police complaint registration page to file Zero FIR

   Source: https://citizenmatters.in/how-to-file-fir-in-mumbai/

2. Contacting a Protection Officer:

   Protection Officers (POs) are appointed under the PWDVA to assist "aggrieved persons," which, as defined by the Act, are women. While their primary mandate is to assist female victims, a male victim in Mumbai can still attempt to contact a PO for general legal guidance and information on available support services or alternative legal avenues. Protection Officers can be located through lists maintained by the state government or through referrals from NGOs or legal aid services. While they may not be able to directly provide the remedies available under the PWDVA to a male complainant, they can offer valuable guidance on navigating the legal system and accessing other forms of legal recourse.

3. Approaching the Magistrate's Court Directly:

   Another option for a man experiencing domestic violence in Mumbai is to file a private complaint directly with the Metropolitan Magistrate or Judicial Magistrate (First Class) who has jurisdiction over the area where the incident occurred, where the man resides, or where the woman resides. This involves drafting a formal complaint that details the incidents of abuse, supported by any available evidence, and submitting it to the court. Seeking the assistance of a lawyer is highly recommended when pursuing this option to ensure the complaint is properly drafted and presented according to legal requirements.

4. Seeking Assistance from NGOs and Helplines:

   Several helplines and Non-Governmental Organizations (NGOs) in Mumbai may offer support or guidance to male victims of domestic violence. While some organizations primarily focus on assisting women, they may still provide initial support, information, or referrals to relevant resources for men. Emergency police numbers (like 100 in Mumbai) and women's helplines (like 1091) can also be contacted for immediate assistance or guidance, even if their primary focus is on female victims.

7. Role of Evidence under the Bharatiya Sakshya Adhiniyam (BSA)

1. The Bharatiya Sakshya Adhiniyam (BSA) brings about significant changes in the law of evidence, particularly with the inclusion of electronic and digital records as primary evidence. In cases where men are subjected to domestic violence, digital evidence such as messages, emails, recordings, or social media interactions could become crucial in substantiating their claims in court.
2. The BSA also contains provisions related to the admissibility of confessions and witness protection, which, while general in nature, could be relevant in domestic violence cases involving male victims. For example, the emphasis on ensuring fair trials and preventing the re-victimization of victims during trial under the BSA could potentially lead to a more equitable consideration of domestic violence claims, regardless of the gender of the victim.
3. The BSA also aims for gender-sensitive adjudication, which could contribute to a more just legal environment for male victims seeking recourse.

8. Evidence Necessary for Claims:

For a man to successfully support a claim of domestic violence or abuse against a woman in the Indian legal system, the gathering and presentation of compelling evidence are crucial. The types of evidence that can be valuable include:

1. Medical Reports: These are essential for documenting any physical injuries sustained as a result of the abuse, such as bruises, cuts, fractures, or other forms of harm. It is also important to seek medical attention for any psychological trauma experienced, and reports from mental health professionals can serve as crucial evidence of the emotional and mental impact of the abuse.
2. Photographs and Videos: Visual documentation of injuries, damage to property caused during violent incidents, or any recordings of abusive behaviour can be powerful evidence. Ensuring that photographs and videos have date and time stamps enhances their credibility.
3. Witness Testimony: Statements from individuals who have witnessed the abuse, heard loud arguments or threats, or observed the aftermath of violent incidents can significantly strengthen a claim. This can include supportive family members, friends, neighbours, or even colleagues who may have knowledge of the situation. Formal affidavits from witnesses may be required by the court.
4. Financial Records: In cases of economic abuse, such as the female partner controlling all finances, denying the man access to money, or exploiting his financial resources, bank statements, transaction records, and any other relevant financial documentation should be preserved and presented as evidence.
5. Communication Records: Threatening or abusive text messages, emails, social media posts, or call recordings (obtained legally) can provide direct evidence of harassment, intimidation, or emotional abuse. It is important to save and organize these records carefully.
6. Personal Diary or Journal: Maintaining a detailed, chronological record of incidents of abuse, including the dates, times, specific details of what happened, and the emotional impact on the victim, can serve as valuable corroborative evidence, especially when presented alongside other forms of proof.
7. Copies of Police Complaints: If a police complaint (FIR) has been filed regarding the incidents of domestic violence, retaining copies of the FIR and any related documents is essential for the legal process.

It is crucial to gather and preserve any potential evidence as soon as possible after an incident of abuse occurs. Maintaining the chain of custody for any physical evidence is also important to ensure its admissibility in court. Given the potential for societal biases that might question male victimhood, the credibility, consistency, and corroboration of the evidence presented are paramount for the court to take the claim seriously.

9. Support Systems for Male Victims in India:

While the support system for male victims of domestic violence in India is less extensive compared to that available for women, several dedicated organizations and initiatives offer assistance and guidance. These include:

NATIONAL ORGANIZATIONS

1. Men Welfare Trust (MWT): Operates the SIF ONE Men Helpline (8882 498 498), providing confidential support and guidance to men across India and overseas who are experiencing domestic abuse, facing false accusations, or are in distress due to marital issues.
2. Save Indian Family Foundation (SIFF): This is a prominent NGO dedicated to raising awareness about legal injustices faced by men in marital disputes, including domestic violence and false accusations. SIFF has chapters and a network of volunteers in various cities across India, including Mumbai, offering legal counselling and support to men in distress. Contact information for their Mumbai chapters (Borivali and Mulund) may be available through their website or online directories.
3. NCM India Council For Men Affairs: This non-profit organization advocates for men's rights and provides support to male victims of domestic violence and those facing false cases. They are actively working towards the establishment of a National Commission for Men and offer counselling, legal support, and emergency stay facilities in some locations.
4. All India Men's Welfare Society (AIMWS): AIMWS works for the welfare of men facing various challenges, including domestic violence. While specific contact details for Mumbai may need to be verified through their website, they are a national-level organization that men can reach out to for support.
5. ATHWA Men's Welfare Foundation: This foundation also works on issues related to men's welfare. Information regarding their presence and services in Mumbai can be sought through their website.

10. Recent Court Judgments and Interpretations:

1. Recent judgments by various Indian High Courts and the Supreme Court indicate a growing recognition of the complexities surrounding domestic violence, with an increasing acknowledgment that men can also be victims and that laws intended for the protection of women can sometimes be misused. Several courts have explicitly stated that men are entitled to the same protection from cruelty and violence as women. For instance, a recent ruling by the Delhi High Court emphasized the need for a gender-neutral approach in cases of violence, stating that empowering one gender cannot come at the expense of fairness towards another, especially when it concerns acts of violence. The court further noted the societal challenges faced by men who are victims of violence at the hands of their wives, including disbelief and stigma, and stressed the importance of recognizing that men can indeed suffer violence in domestic relationships.
2. Simultaneously, the Supreme Court and various High Courts have addressed the issue of misuse of Section 498A IPC now covered under BNS, often granting relief to husbands and their families who have been subjected to false allegations of domestic violence or cruelty by their wives. In several cases, the courts have quashed "vague" or "generalized" domestic violence complaints filed by wives, deeming them an abuse of the legal process, especially in situations where the allegations appear to be a counterblast to divorce proceedings or lack specific details and supporting evidence. These judgments highlight a growing concern within the judiciary about the potential for misuse of laws intended to protect women, and a willingness to scrutinize such complaints carefully to ensure that innocent individuals, including men, are not unfairly targeted.
3. Some judgments have explicitly called for a more gender-neutral approach to domestic violence laws, recognizing that cruelty and violence are not exclusive to one gender. While the primary focus of the existing legal framework remains the protection of women, these judicial pronouncements signal a gradual shift towards a more balanced perspective, acknowledging the reality of male victimhood and the need for fairness in the application of the law.

Table 1: Select Recent Indian Court Judgments on Domestic Violence Involving Men

11. The Role of the National Commission for Men (and Similar Bodies):

Currently, there is no officially established National Commission for Men by the Indian government. However, various men's rights organizations and advocacy groups have been actively demanding the creation of such a commission to address a range of issues faced by men, including domestic violence, false accusations in marital disputes, and gender bias in existing laws. These groups argue that a dedicated commission is necessary to study the specific problems faced by men, provide recommendations for legal reforms to ensure gender neutrality, and offer support to male victims of abuse and those facing false charges.

The government, in response to such demands, has stated that there is no proposal to set up a National Commission for Men, citing the availability of general criminal laws and constitutional remedies that are applicable to all citizens, irrespective of gender. However, men's rights organizations continue to advocate for a dedicated body, arguing that the unique challenges and societal stigma faced by male victims necessitate a specialized institutional response.

In the absence of a formal government body, existing men's rights organizations play a crucial role in addressing the issue of domestic violence against men in India. Organizations like the Men Welfare Trust and the Save Indian Family Foundation provide helplines, counselling services, legal aid, and support networks for male victims of domestic violence and those facing false accusations in marital cases. They also actively engage in advocacy efforts, pushing for legal reforms and greater societal awareness of the issues faced by men in such situations. These organizations serve as a vital lifeline for male victims who may feel isolated and unsupported by the mainstream legal and social systems.

Conclusion and Way Forward:

Men can utilize general criminal laws to address specific acts of violence, harassment, or intimidation committed by their female partners or their relatives. Additionally, men can seek divorce on the grounds of cruelty, which is a gender-neutral provision under various personal laws.

However, significant challenges remain for men claiming domestic violence. These include societal stigma that discourages reporting, the lack of specific laws tailored to their experiences, and potential biases within a legal system that has historically focused on women as the primary victims. While the support system for male victims is less extensive than that for women, dedicated organizations are working to provide assistance and legal guidance.

Recent court judgments indicate a growing awareness within the Indian judiciary that has led to some courts acknowledging male victimhood and providing relief in cases of false accusations. However, there is still no officially established National Commission for Men, although various advocacy groups continue to push for its creation.

Moving forward, a more equitable and just approach to addressing domestic violence in India requires a multi-faceted strategy. This could include a reconsideration of the language and scope of the PWDVA to be more gender-inclusive, or the enactment of specific legislation addressing domestic violence against men. Strengthening public awareness campaigns is essential to destigmatize male victimhood and encourage reporting. Finally, ongoing sensitization of law enforcement and the judiciary to the realities of domestic violence against men is necessary to ensure that all victims receive fair and equitable treatment under the law.

Ultimately, a truly equitable legal system must recognize and protect all victims of domestic violence, regardless of their gender, to ensure that justice is served for everyone.