In the realm of legal research, the issue of domestic violence and its implications on gender justice remains a topic of critical importance. Here, we delve into the complexities surrounding the legal framework and its impact on different genders.
Law and society are intertwined, shaping each other's norms and regulations. In many jurisdictions, laws have been enacted primarily to protect women from societal and domestic harms, reflecting entrenched gender roles. However, this approach often overlooks the need for similar protections for men, highlighting discrepancies in legal equality.
This article aims to address several key issues:
Equality and Domestic Violence Laws: The disparity in legal protections afforded to men and women under current domestic violence legislation.
Challenges of Gender-Specific Legislation: An analysis of the hurdles in replacing gender-specific laws with gender-neutral alternatives.
Advocacy for Comprehensive Legal Protection: The call for extending legal safeguards against domestic violence to men on equal footing with women.
The Constitution of India guarantees equality before the law (Article 14), prohibits discrimination based on sex (Article 15(1)), and guarantees the right to life and personal liberty (Article 21). Despite these constitutional provisions, the legislative landscape often fails to provide adequate protections for men facing domestic abuse.
Research indicates that men too experience domestic violence, yet they lack legislative remedies to address such situations effectively. Studies have highlighted instances where men are victims of economic, emotional, physical, and sexual abuse within marriages, often perpetrated not only by spouses but also by extended family members.
The existing legal framework, such as Section 498A of the Indian Penal Code and the Protection of Women from Domestic Violence Act, predominantly addresses violence against women. This gender-specific approach excludes men from legal protections, thereby violating constitutional mandates of equality and non-discrimination.
The argument against gender-neutral laws often revolves around concerns of obscuring power dynamics and historical marginalization of women. However, it is essential to recognize that different victims have unique vulnerabilities and deserve tailored legal remedies.
Judicial precedents, such as in Anupama Ashok Aher v. Ashok Bajirao Aher and other cases, have acknowledged instances of domestic abuse against men. However, legal remedies primarily focus on divorce rather than addressing the broader issue of domestic violence against men.
Advocates argue for gender-neutral domestic violence laws akin to those in countries like Bhutan, which recognize and protect all victims regardless of gender. Such laws would ensure that men facing domestic abuse have legal recourse and societal acknowledgment.
Leave a comment