PROTECTION OF MEN AGAINST DOMESTIC VIOLENCE

Before we delve into the issue of domestic violence faced by men in India, we need to keep in mind that Men & Women are physiologically different, thus, requiring different levels and remedies in terms of protection of their rights and self.

The remedies provided in the Domestic Violence Act, 2005 are to provide for a more effective protection of the rights of women guaranteed under the Constitution of India. Relief, remedy or compensation under the Act is by way of monetary relief, counselling, medical assistance, custody of children and a right to reside in the shared household. These problems are highly women centric and thus were included specifically in the Act to provide relief. These remedies though would’ve been available under the general course of law but enacting the act ensured the dispersal of these remedies to the women facing the issue of Domestic Violence.

In terms of Domestic Violence issues faced by men in India, remedies can be availed under the Indian Penal Code, 1860 which will be inclusive of both punishments in form of imprisonment as well as a fine and/or damages as determined by the court. Further, there are various judgements determining maintenance payable and even

Section 319 deals with the offence of Hurt, it is defined as whoever causes bodily pain, disease or infirmity to any person. Whereas Section 320 deals with grievous hurt which includes any permanent damage, fractures, permanent damage to powers of any member or joint or any hurt that endangers life. Section 321 & 322 deals with the intention in terms of causing hurt voluntarily. Further, the punishment for the voluntarily causing hurt (Section 323) is imprisonment which may extend to one year or fine which may extend up to Rs. 1000/- or with both. In terms of grievous hurt (Section 324) is imprisonment which may extend to seven years and shall also be liable to fine.

Section 339 to 348, also deal with the aspects of Wrongful restraint and confinement with a maximum punishment of 3 years.

It is pertinent to note that the aspects of hurt, restraint and confinement are often ingredients of domestic violence thus, a person aggrieved from any of the above can find shelter under these Sections of the Indian Penal Code, 1860.

Section 349 to 352, 355 & 357, deals with the offences of Criminal Force and Assault. They provide for remedies for any intention of causing bodily harm to a person or having the intention of using criminal force to harm a person. The maximum punishment prescribed is up to five years or fine or both.

The major difference in remedies available under the Domestic Violence Act and the Indian Penal Code is that IPC is punitive in nature and could lead to imprisonment in most cases.

Though we might not have a separate legislation for men facing domestic violence the option of enforcing IPC is always a good idea to safeguard ones rights guaranteed by the legal system. The legal system is constantly evolving by way of various judgements that have enforced the rights of a man facing hardships, violence or any misgivings in his marital home.

It is also necessary to acknowledge the fact that domestic violence faced by men is not always at the hands of the wife or partner; but also through the relatives of the wife or partner. Domestic violence, isn’t limited to just physical violence, its psychological and emotional as well. As per the Save Family Foundation (Delhi) at least 85% of the men that had participated in the study acknowledged having undergone psychological violence. [1]

The acts of violence, whether emotional, physical or sexual aren’t gendered, it is only the remedies that differ due to different patterns of lifestyle, traditions, culture and opportunity. Women have Section 498A as an umbrella that safely guards them and leaves a chance for their rights to be upheld whereas the same umbrella does not extend to men who face violence.

Section 24 of The Hindu Marriage Act, 1955 extends the right of maintenance to both men and women during the pendency of the case at hand. The court, in such matters, takes into account the income of both the parties, i.e. the husband and the wife to determine maintenance. But, the same right is not extended to a man under the Special Marriage Act.

An exception under Section 125, Criminal Procedure Code, has established that if a woman has left the matrimonial home without any reason then the husband can refuse to pay maintenance.

Any man who is aggrieved by way of any sort of violence can always file a Writ Petition for safeguarding his right to life and liberty or by registering an FIR under any of the Sections of IPC that are applicable to his situation.

The law pertaining to Men’s rights is evolving in India and the courts have been granting appropriate legal remedies to the aggrieved men in instances of domestic violence.

A separate legislation might not be available in the near future, but why of amendments and precedents, a definite outline of a system of protection of rights will evolve.

It can never be discounted that violence is faced by everyone regardless of gender but the number of instances vary. This does not diminish the troubles of any gender, it just address the problem that is causing serious irreparable harm. Gender Neutral Laws are the way forward only when equality is achieved in the society. Redressal is available to men through various channels. Till the time any mechanism exists to safeguard the rights of men a remedy shall always lie in course.

Helpline Numbers:

SIFF For Men’s Rights, All India: +91 9278978978

How to File a Complaint:

1. At any instance of violence, please notify the National Police Helpline at Number 100 and report your incident.
2. In case of injuries, assault, etc., it is important to get a thorough medical examination done.
3. Register your FIR at the nearest police station with exact details of the incident and keep a copy of the same with you.

People generally get confused in above three concepts. But all three are different concepts. Custody implies the living of the child with one parent. Guardianship implies the rights of parent or guardian over the child’s person and property. It involves the authority to dispose the property of minor child. While visitation or access rights are provided to the non- custodial parent to visit the child or to interact or have communication with child or to have the child stay with him or her for certain limited period to share his love and support with child when the child is in continuous custody of other parent. Visitation rights are generally treated as the rights of child to have love and support of both parents. Guardianship and custody rights are the rights of parents.

Another concept which we generally see during child custody cases is child support or maintenance and the both parents are responsible to provide for it. Usually the non- custodial parent deposits the maintenance to the Court or pay directly into an account which is paid to, or accessed by the custodial parent afterwards. Court can order both parents to deposit amount in the name of child too which can be withdrawn by the custodian parent or guardian for the needs of the child.

The orders of custody, visitation rights and guardianship rights are never final as they are interlocutory in nature and can be modified, or cancelled by the Court for the welfare of the child upon the proof of changed facts and circumstances of the case as held by Supreme Court in Jai Prakash Khadria vs. Shyam Sunder Agarwalla & Anr on 12 May, 2000.

Hindu Marriage Act, 1955, Domestic Violence Act, 2005, Hindu Minority and Guardianship Act, 1956 and Guardian and Ward Act, 1890 are the Acts under which the specific orders regarding these rights and duties are granted by the Court.