This article informs of the loopholes, misuses and urgency of gender neutral laws by covering 11 Indian legislations that are perceived to have been introduced and even operated with a biased gender.
Law 1: Section 497 of the IPC – Adultery
Adultery happens when a married man has sex with a woman who isn’t his wife. The law says the man is guilty, but the woman isn’t punished.
Back in 2011, the Supreme Court pointed out that this law favored one gender over the other. In 2018, things changed. Adultery is no longer a crime, but it can still be a reason for divorce, though without alimony. This legal change shows how society’s values and what we think is fair have changed over time.
Law 2: The Sexual Harassment of Women at Workplace Act (POSH) of 2013
-This law is meant to keep women safe from sexual harassment on the job.
-Right now, it only sees women as victims and only lets men be arrested.
-There’s no legal solution if men are harassed by women, or if women harass other women.
-Surveys show that many men face workplace harassment, too.
-This shows that the law only considers one gender, and might need to be changed.
Law 3:- Section 80 of Hindu Adoption and Maintenance Act
-The husbands are mandated to maintain their wives throughout their lives.
-The scope and quantity of the maintenance is vague and is thus misused on men.
-Maintenance has been strictly provided by the courts as in the case of Shiv Kumar.
-In cases where a husband separates against the will of the spouse, he is still on the hook of maintaining.
-This law is one of the key causes of big financial pressure on men after a divorce or separation.
Law 4: Section 498A of IPC Crimes of Creulty by Husband
-But this law is considered one of the most abused in India with a gender bias produced against the men and family.
-Husband and relatives are also criminally liable of cruelty, with a penalty term of up to 3 years imprisonment.
-Even elderly relatives got or falsely accused and Supreme Court recognized the emergence of false cases.
-Cruelty as defined is unspecific and too broad that it encompasses mental and physical injuries.
-Abuse or conflict through verbal communication may result in accusation without good reasons.
-False cases taking place is very high which affects the mental health and the legal position of men.
Law 5: Domestic Violence Act 2005 – Economic Abuse
-Covers denial of access or control over movable or immovable property by the husband.
-The husband can be forced to sell the jointly owned property by the orders of the courts in case he refuses to consent to selling it.
-This is a weapon that can be used in family conflicts.
-Economic abuse is characterized by the destruction of reproductive organs or control of the property.
Law 6: 375 (4)- Consent and Marriage Promise
-Gives a definition of rape where consent has been given in lieu of forthcoming marriage.
-In case the man fails to marry, then the act could be viewed as a rape.
-This law does not have any specific aspects to establish the promise of marriage.
-False rape cases and misuse have been as a result of the ambiguity.
Law 7: Gang Rape (Section 376D)
-With this law, the only people who can be accused are men; women are not perpetrators.
-There are instances of gang-rapes of men by women but they are not discussed.
-Sexual crimes on men committed by women have legal loopholes.
Law 8 354B- Molestation
-Covers forced strip or molesting of women.
-Only men are accused; there is no similar law on women offenders.
-Molestation registered cases were found to be false at 75 percent.
-A large proportion of false cases is extremely harmful to the mental health status of men.
-The rate of suicide among men associated with false molestation is very scary.
Law 9: Section 354 -Outraging Modesty
-Consists of verbal abuse and small disputes, as crimes.
-It is abused in personal conflicts; girlfriends file lawsuits to torment their boyfriends.
-Women are the only ones who enjoy protection, men are not able to bring the same claims of abuse.
-Cases that are false can be countered under the defamation law but only when the initial case has been proved false.
Law 10- Section 354c- Voyeurism
-Targets men that take secret or naked videos of women without their permission.
-There is no legislation that deals with women taping men without their permission and blackmailing them.
-There is no legal consequence of the harm being committed by the female perpetrators perpetrating the legal gap.
Law 11: 354 D. Stalking
-Helps save women who refuse to be stalked by men who disregard the signs of lack of interest.There is lack of clarity as to what constitutes clear indications as it has not been defined by the law.
-Addresses internet surveillance and multiple contact.
-Men who are the victims of stalking by women do not have a legal defense.
-To achieve justice, law experts propose that laws become gender-neutral.
Possible Solutions and Awareness:
1. Legal services and journals promote the rewrite of languages in gender-non-neutral words.
2. Use words such as person as opposed to man and husband/ wife as opposed to spouse in statutes.
3. Create awareness on women rights with that of men since early school years.
4. Propose the specially designed chapters of the curriculum dealing with the rights as the individuals, and both sides of the aisle on Men and Women Day.
5. Put stress on equal education to create real equality in society.
SUMMARY:
This analysis looks closely at Indian laws about marriage, sexual offenses, and harassment. It points out that these laws have gender issues that tend to prefer women, which then men could use against them. Real stories and stats show how wrong claims and unclear law definitions hurt men’s lives and mental health.
