INTRODUCTION
We see numerous sorts of separation exist in our country—ambiguity based on sex, religion, color, sex, etc. Gender-based confusion drawback is ladies have risen to conceivable outcomes or openings as compared to men. But in a few cases, like in our country, we have conversations about correspondence or comparability. Comparability treatment for everybody in our nation, we see some articles in our CONSTITUTION OF INDIA article 14,15,16 talk about equality. We see or listen to the words of Professor Beth Richie: ‘is the key to understanding better and retort of women as offenders analyzing the status of crime victims.’ We overlook the wrongdoing done by the ladies. The judges have the approaches to men and the ladies denounced of wrongdoing. They are considered stricter than men as compared to women. There is an exceptionally strong need to understand that males or females are the casualties or guilty parties. We don’t require any type of sex discrimination in this. We require correspondence in our law, and we don’t require any sexual orientation predisposition law in criminology.
INDIAN LAWS ARE BIASED FOR MEN
We see that so numerous laws are beneath THE INDIAN PENAL CODE,1860 [ BHARTIYA NYAYA SANHITA,2023]. FAMILY LAW, MARRIAGE LAWS, CUSTODY OF A CHILD LAWS, CRIMINAL LAWS, WORKPLACE AND SOCIAL BENEFIT LAWS. These laws are biased toward men. According to the criminal laws, a boy or man cannot be sexually assaulted, Harassed, Raped, or cruelty because they think that a boy is very strong and they are born a criminal, but they also think that women by birth are victims. Sections of BNS that show the clear biasedness towards men, Section-63 rape, Section- 85 and 86 of cruelty, and Section-75 sexual harassment.
According to INDIAN LAW, when married men commit suicide within the 7 years of their marriage, if they also write a suicide note in which they write their wife and in-laws are responsible for it. The law will not punish them, and because we don’t have any law for women for that also. According to them, men are never the victims in any situation, and they ignore the crimes against men, according to the data from the National Crime Record Bureau [2021]. Total suicide was 1,64,033. According to this data, the suicide rate of a married man is 81,063 as compared to married women’s suicide rate of 28,680. The reason for the increase in married men’s suicide rate is that they are sexually abused, harassed at the workplace, live in relationships, and adultery. But there is no law to feel or say that men are also secure and safe. Rape is the 6th biggest crime in our country, but our law thinks or tells us that rape of men is never committed and Rape against men is impossible.
CASE LAWS RELATED TO THE CRIME AGAINST MEN ARE HAPPENING AND THE MEN ARE ALSO NOT PROTECTED OR SAFE
- Case law related to domestic violence against men is also happening
CASE – SUSHIL KUMAR V. UNION OF INDIA [2005]
BENCH: JUSTICE ARIJIT PASAYAT AND JUSTICE S.H. KAPADIA
In this case, the Supreme Court of India observed that misuse of law, and the court acknowledged that some women’s misuse of section 498A of IPC was considered as a tool for fulfilling their demands and leading to the wrongful prosecution of men and their families.
Supreme Court gives the significance of the validity of Section 498A of IPC while recognizing the problem of false cases. Laid down the foundation of the subsequent ruling and addressed the issue of false accusations of marital disputes.
- Case law related to sexual harassment and rape against men
CASE- NAVTEJ SINGH JOHAR V. UNION OF INDIA [2018]
BENCH: CHIEF JUSTICE DIPAK MISHRA, JUSTICE R.F. NARIMAN, JUSTICE A.M. KHANWILKAR, JUSTICE D.Y. CHADRACHUD, JUSTICE INDU MALHOTRA
In this case, the Supreme Court of India said that the decriminalized homosexuality Section 377 of IPC but emphasized the importance of protecting men from sexual offenses and stressed the fair trial procedures.
- Case Law related to workplace harassment against men
CASE: VISHAKHA V. STATE OF RAJASTHAN [1997]
In this case, the workplace harassment guidelines are for women, but the courts have also noticed that men can also be victims of workplace harassment and should have legal resources.
- Case Law related to the custody and the parental rights of the men
CASE: GITA HARIHARAN V. RESERVE BANK OF INDIA [1999]
BENCH: JUSTICE SUJATA V. MANOHAR, JUSTICE D.P. WADHWA
In this case, the Supreme Court ruled that fathers also have equal parental rights and should not be discriminated against in custody matters.
CONCLUSION
Gender disparity in the justice system is mainly because of the society. Society doesn’t accept that crime against men is also a serious issue because we live in a country that gives equal rights to everyone, but why don’t they offer equal rights to men and a crime against men? The low criminality rate of women is not an issue, but the issue of sex-based behavior is very big. Both males and females should be treated equally in the criminal justice system, but they aren’t given an equal footing, and because of this, their families also suffer. More female judges are required to better understand the circumstances.
Also Read:
Rights of undertrial prisoners in India
How To Send A Legal Notice In India
