The word “Domestic violence” is mostly heard from the side of women but men are and have been a victim of this too but due to societal issues they either remain silent or do not bring out the issue thinking they will be a subject to mockery or in many cases due to fear or embarrassment . Male victims quote that“no one would ever believe me”. In a society where domestic violence on men is seen as
a laughter issue for us and they are treated as “second class victims”.
DEFINITION: According to the Centre for family justice, “domestic violence” is defined as a domestic abuse a pattern of course controlling behaviour that is a pervasive or life threatening .
Arizona coalition defines domestic violence as any behaviour, the purpose of
which is to gain power and control over his spouse, partner, girl or boy friend
or family member. Thus domestic violence is an
abuse whose jurisdiction though varies but which may arise in any form of marriage or cohabitation either against men or women.
VIOLENCE IN INDIAN JUDICIARY:
Domestic violence happens to men as well as women. Anyone can be an abuser and a victim but the assault on man is neither considered nor taken as any issue by police as there are no laws to protect them. Domestic violence may be in any form like verbal abuse, stalking, emotional abuse, sexual abuse. Even male victims deal with
emotional violence in form of pain, fear, depression, anxiety, loss of reputation and loss of job. Indian Laws related to domestic violence against women became effective for girls and their families but there is no particular law stating any protection for men
as they are usually considered a wrongdoer. Supreme Court has made necessary changes in the Indian Laws to stop “legal terrorism “in the form of misusing of Section 498A of Indian Penal Code. The legal remedies that can be undergone by a man facing violence by through the court. Under Family Law, he can approach the court and get divorce on ground of Domestic violence, adultery of wife, desertion by wife, and misuse of sec 498 of IPC.
Legal provisions have to be made keeping the following points in mind:
1. Provisions should be made for men in the same way as
they are made for women.
2. Educating the youth about domestic violence and that it
is faced by men as well .
3. Making the laws easily available for everyone so that
whenever faced with any type of discrimination can avail legal remedies .
CASE - LAWS:
BALKRISHNA BHOIR V. SAULEENA MANGESH BHOIR : The Court provided some relief to husbands in the case where false complaints made by the wife is proved. If a wife makes any false complaints against husband and in laws and the same proves to be not guilty
then the act of wife constitutes cruelty and thus husband can file petition for divorce from her wife.
SACHIA ZINGADE -v- SACHI RAMESHRAO ZINGADERI: Wife
filed a complaint against husband for having extramarital affairs which later
proved to be false complaint, thus the act of wife was considered as cruelty against her husband is considered
COMPARING THE INTERNATIONAL SCENARIO:
An international study
conducted in 2006 in which, nearly 13, 601 students(both male and female) in thirty two nations participated had experienced domestic violence in that year.
It reported 24.4% of males had undergone minor violence and 7.6% had severe assault.
In 2012, two Swedish studies
showed that men experienced domestic violence at equal rate compared to women. 8% in one year and 11% in another year which is constantly increasing.
In the Republic of Ireland, a
report on 2005 by National Crime Council found that nearly six per cent of men
suffer domestic violence in their lifetime equating to 88000 and fifteen percent of women equating to 213,000.
American centres for disease
control and prevention, 2013, a sample of 16000 US adult, 26%of homosexual men, 37.3% of bisexual men and 29% of heterosexual men had been affected by domestic violence against them.
by R. Sruthi
BCom.LL.B. III Year.