The feminists are demanding workplace equality. Why should a man take the sole burden of finances after divorce when the earning women are also getting divorced?
India has made significant strides regarding laws that protect women from these historical injustices of domestic violence, dowry harassment, sexual exploitation, etc. However, the loopholes in these gender-sensitive laws have been misused to a great extent, which has left so many men and their family members vulnerable to false charges.
Important Gender-Discriminatory Laws and its Impact
1. Sec. 375 & 376 IPC (Rape laws)
These chapters of the criminal code define rape as an offense committed by a male against a female, and the sentences range from 7 years to life imprisonment.
Loophole:
No protection for males who are raped.
Section 377 deals with “unnatural offenses,” which include male rape, but is applied in an inconsistent manner.
The male victims of sexual assault are usually unheard and unprotected.
International Statistics: Some 14% of the rapes reported involve men or boys, but the law hardly protects them.
Misuse of Law
Rape allegations for ransom money or personal revenge.
Consensual relationships sometimes end in harassment complaints due to misunderstandings.
Case study on False Rape Allegation in India
2. IPC 498A (Dowry Harassment)
The law is gender-specific, targeting only men and their families. There is no equivalent provision for men facing similar harassment or cruelty from wives or in-laws. This has led to concerns about the law being misused in certain cases. Read more
Loop Holes:
There are no legal provisions available to men who are being harassed by wives or the wives’ families. False complaints against husbands and their families.
Often, arrests take place without much investigation since they are concerned with the elders and elder relatives. Read more
3. Protection of Women from Domestic Violence Act, 2005
This act aims to protect women from domestic violence, including physical, emotional, sexual, and economic abuse.
The act is exclusively applicable to women, leaving men who may be victims of domestic violence without legal recourse. Studies indicate that men can also suffer from abuse in relationships, but the PWDVA does not recognize men as potential victims.
False cases victims:
On Dec 8, Mr. Atul Subhash, 34, deputy manager in an Indian conglomerate in Bengaluru, uploaded an 80-minute video accusing his estranged wife, Nikita Singhania, and her family of filing false reports of cruelty and dowry harassment against him to extort money.
4. Section 125 of CrPC (Maintenance Law)
This section allows women to claim maintenance from their husbands after separation or divorce.
The law is gender-specific, and men cannot claim maintenance from their wives, even if they are financially dependent. This has been criticized for not providing financial support to men who may be in need after separation.
Loophole:
The financially dependent husband/abettor cannot enforce recovery of any maintenance from the wife. Independent women misuse the legislation to harass ex-husbands or gain undue economic advantage.
5. Sexual Harassment of Women at Workplace Act, 2013
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly known as the POSH Act, was enacted to provide a safe and secure working environment for women in India. It defines sexual harassment at the workplace and establishes mechanisms for redressal of complaints.
According to critics, its gender-specific nature has left some gaps in providing a secure place for all genders of working people who may get harassed sexually at the workplaces.
International Perspective:
This recognition has also been noted in other countries like the United Kingdom, where it is becoming increasingly recognized that there is a need to adopt gender-neutral policies towards sexual harassment. New legislation forces employers to take active measures against sexual harassment and promotes a harassment-free culture in the workplace for all genders.
Loophole:
Men cannot raise complaints under this law, though they are also the harassed victims at the workplace.
“All other countries are moving towards the gender-neutral harassment law that would ensure protection for each one at work.“
What consequences result from making false complaints?
The sanctions imposed should be in line with the service standards if it is established that someone filed a fraudulent complaint. If there are no such service regulations, the offending party may be subject to any of the following sanctions, depending on the seriousness of the complaint:
- Apologies in writing
- Caution
- An admonition or rebuke
- Refusing to promote
- Refusing to give raises or increases
- removing the guilty from their position
- Attending a therapy session or
- Performing community service
Gender-Neutral Laws Needed
Equality in Protection: Laws must protect all, irrespective of gender.
Misuse Addressed: Misuse of gender-based laws discredits actual cases, which in turn decreases the credibility of the courts.
Countries like Australia and Canada have adopted gender-neutral laws, emphasizing justice for all victims.
Legal reforms should be made so that the system of justice becomes balanced. A crime is committed against an individual, and it is not related to the gender of the individual.
Final Message:
The introduction of gender-specific laws has aimed to bridge societal inequalities. However, their misappropriation and lack of male victims have become the basis for a change. It is through these changes that all people will receive justice without discrimination or stigma in reporting crime, be it between the sexes.
Feminists are in favor of workplace equality. But why must men be held liable financially after divorce while the women are earning?
