Q. Men’s rights in India often receive less attention in the broader discourse on gender equality. Critically examine the legal, social and institutional challenges faced by men especially in areas such as domestic violence, mental health and paternal rights. Suggest policy reforms and institutional measures to ensure a balanced approach to gender justice. (15 M, 250 words)

Core Demand of the Question

  • Discuss how men’s rights in India often receive less attention in the broader discourse on gender equality.
  • Critically examine the legal, social and institutional challenges faced by men especially in areas such as domestic violence, mental health and paternal rights. 
  • Suggest policy reforms and institutional measures to ensure a balanced approach to gender justice. 

Answer

Men’s rights refer to the legal and social entitlements specifically addressing issues faced by men. In India, while the focus on women’s empowerment is essential, men’s challenges often go unaddressed, such as false accusations in domestic violence cases under Section 498A IPC, lack of mental health support, and limited paternal rights. Recent debates around shared parenting laws highlight the need for a balanced approach to gender justice.

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Men’s rights in India often receive less attention in the broader discourse on gender equality.

  • Limited Recognition of Men as Victims of Domestic Violence: Men lack legal recognition as victims of domestic abuse, making it challenging to seek protection or report instances of abuse.
    For instance: Men subjected to emotional, financial, or physical abuse by spouses face societal stigmas and lack legal recourse under existing frameworks like Protection of Women from Domestic Violence Act, 2005
  • Underrepresentation in Mental Health Discourse: Societal expectations for men to suppress emotions neglect their mental health, contributing to higher suicide rates and untreated psychological issues.
    For example: NCRB data for 2022 shows men accounted for 72.5% of suicides, emphasizing the need for gender-sensitive mental health policies.
  • Bias in Family Laws and Paternal Rights: Divorce or separation laws favor maternal custody, marginalizing fathers’ roles and denying them equal rights in the child’s upbringing.
    For example: The Guardians and Wards Act, 1890, prioritizes maternal custody unless the mother is deemed unfit, limiting fathers’ opportunities for parental involvement.
  • Misuse of Gender-Specific Laws: Gender-specific laws like Section 498A (dowry harassment) are sometimes misused, causing reputational, financial, and emotional harm to innocent men.
    For example: In Rajesh Sharma vs State of UP (2017), the Supreme Court noted the misuse of Section 498A and introduced safeguards against false accusations.
  • Institutional Neglect and Lack of Redressal Mechanisms: Men lack dedicated institutions or helplines for addressing grievances, leaving their issues unrecognized and unsupported in the legal and social framework.
    For example: Unlike the National Commission for Women, no equivalent institution exists to address grievances or advocate for men’s rights.
  • Stereotypes Reinforcing Gender Bias: Societal stereotypes paint men as perpetrators, influencing institutional attitudes and limiting fair treatment in cases like workplace abuse or sexual harassment.
    For example: The Vishaka Guidelines cover workplace harassment exclusively for women, leaving male victims without similar protections under Indian law.
  • Lack of Support for Male Survivors of Sexual Abuse: Adult male survivors of sexual abuse remain unrecognized in the legal framework, denying them statutory remedies or institutional support.
    For example: IPC Section 375 defines rape solely from a woman’s perspective, leaving male survivors of sexual assault without recourse.

Challenges faced by men especially in areas such as domestic violence, mental health and paternal rights. 

Aspects Domestic violence Mental health Paternal rights
Legal Provisions Section 498A of IPC provides protection for women against cruelty by husbands and in-laws. Mental Healthcare Act, 2017, ensures rights-based mental health support for all citizens. The Guardian and Wards Act, 1890, and Hindu Minority and Guardianship Act, 1956, prioritize maternal custody for children.
Legal challenge Absence of explicit provisions addressing male victims of domestic violence. For example: Men face difficulty in filing complaints under existing laws. Lack of gender-sensitive implementation focusing on men’s unique issues.
For example: Rising suicide rates among men due to untreated mental health concerns.
Courts often favor mothers in custody cases, even when fathers are more capable.
For example: Limited joint custody verdicts.
Social Provisions Social norms discourage men from reporting abuse due to the stigma of appearing weak.
For example: Fear of ridicule deters men.
Cultural conditioning discourages men from seeking help. For example: Phrases like “man up” trivialize mental struggles. Fathers face societal expectations to be financial providers rather than caregivers.
For example: Stereotyping diminishes their role in child-rearing.
Social challenge Societal focus often assumes men as perpetrators, overlooking them as potential victims.
For example: Media narratives rarely address male victims.
Mental health awareness campaigns predominantly target women and children. For example: Initiatives under CSR often neglect adult male demographics. Lack of recognition for paternal attachment leads to emotional struggles. For example: Alienation from children post-divorce.
Institutional Provisions Some helplines for men exist.
For example: Men’s Rights Association
The government and NGOs run mental health programs.
For example: NIMHANS.
Emerging cases have begun granting joint custody or visitation rights under judicial discretion.
Institutional challenge Limited infrastructure or services exclusively for male victims.
For example: Few shelters exist for men compared to women.
Inadequate mental health facilities tailored for men.
For example: Therapy services may not address male-specific stigmas effectively.
Family courts are overloaded, delaying resolution of custody disputes.
For example: Custody battles often

Policy Reforms to Ensure a Balanced Approach to Gender Justice

  • Gender-Neutral Laws: Amend existing laws like the Domestic Violence Act and Section 498A of IPC to make them gender-neutral, ensuring equal protection for men against domestic violence and false allegations.
    For example: In countries like Canada and the UK, domestic violence laws are gender-neutral, protecting individuals irrespective of gender.
  • Paternal Rights in Child Custody: Introduce shared parenting laws, ensuring fathers have equal rights in child custody and visitation after separation or divorce. This promotes the best interests of the child while addressing paternal grievances.
    For example: The concept of shared parenting is well-established in Australia, which mandates equal consideration for both parents in custody decisions.
  • Provision for Men’s Mental Health Support: Establish dedicated policies focusing on men’s mental health by integrating mental health services into workplace wellness programs and creating awareness campaigns.
    For example: Japan has initiated workplace mental health programs targeting stress reduction, which could be adapted to include gender-specific concerns.
  • Addressing False Allegations: Implement stringent mechanisms to deter and penalize false allegations in cases of domestic violence, dowry harassment, and sexual harassment to prevent misuse of laws.

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Institutional Measures to Ensure a Balanced Approach to Gender Justice

  • Establishment of Men’s Welfare Commissions: Create statutory bodies at the national and state levels similar to women’s commissions to address issues specific to men, including legal aid and counseling.
    For example: The United Kingdom has a “Men and Boys Coalition” that advocates for issues like mental health and paternal rights.
  • Specialized Helplines and Shelters: Set up gender-neutral helplines and shelters for male victims of domestic violence or abuse to ensure access to immediate support and assistance.
    For example: The MAVA (Men Against Violence and Abuse) initiative in India provides support to male survivors of abuse.
  • Judicial Training and Sensitization: Train judiciary and law enforcement officials on gender-neutral perspectives and the challenges faced by men to ensure fair treatment in cases involving domestic violence, custody, and abuse.
    For example: Regular sensitization workshops for police in Kerala have resulted in more balanced handling of gender-based complaints.
  • Inclusive Workplace Policies: Mandate organizations to adopt inclusive workplace policies that address issues like paternity leave, sexual harassment faced by men, and mental health support.
    For example: Sweden’s parental leave policy offers equal leave to fathers, promoting shared parenting and gender parity at home.

Ensuring a balanced approach to gender justice requires addressing men’s rights with equal sincerity. Gender-neutral laws, enhanced mental health support, and awareness campaigns to dismantle societal stereotypes are critical steps forward. As Martin Luther King Jr. said, “Injustice anywhere is a threat to justice everywhere.” A truly inclusive system uplifts all genders, promoting fairness and harmony in society.

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Comprehensive coverage with a concise format
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Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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