Do family laws protect rights of men? Gender bias in legal remedies

Welfare of women has been one of the major goals to be achieved by any nation and the parity with men in all spheres where there is a discrepancy has been a welcome move.

Several laws conducive to women have been enacted to make sure that women are not suppressed. Section 498 A of the Indian Penal Code, Protection of Women from Domestic Violence Act, Section 125 of the Code of Criminal Procedure are some such provisions that have been enacted to give effect to this cause.

The sacred institution of marriage brings with it the fair share of troubles and traumas, but are they only for the wife?

The existing laws seem to provide protection only to the women. Where are the innocent and aggrieved husbands supposed to go when they are entrapped in false cases instituted by the wives?

On asking if family laws protect the rights of men, Advocate Anant Malik said: "Giving complete power can often backfire. As put forward by a British historian i.e. Lord Acton “Power corrupts but absolute power corrupts absolutely", adding that for the past several decades, numerous cases of misuse of such provisions against the husband and his family members have come up.

The remedies available to a man/husband and his family members are limited, whereas there is an ocean of legal provisions that have been introduced by the legislature to further the rights of women.

"Often men find themselves handicapped to approach a Court of Law to raise their grievances. The only option available to them is to file a Petition for Divorce on grounds of cruelty amongst other ground," Advocate Vediccaa Ramdanee said.

While these provisions do help some women who are aggrieved, others have decided to weaponise them and get monetary gains and the proceedings as initiated are most of the times extortive as monetary gains are the sole motive behind these proceedings.

"The provisions are usually resorted to together as a package, against the husband in the form of a three-pronged attack. It has become an easy way to burden the man with multiple proceedings against him and his family, so that ultimately, he gives in to the extortive monetary demands," said Malik.

Nobody wants to go to court and in a society like ours, such matters are of a delicate nature and the majority of the people think about societal judgement.

The Domestic Violence Act assumes that an aggrieved person is always a woman.

On the other hand, it talks about a shared household and domestic relationship as a relationship between two persons who at any time have lived together when they are related by consanguinity, marriage, through a relationship in nature of marriage, adoption or family members living together as a joint family.

In fact, "Section 498 A has been described by the Supreme Court as a form of legal terrorism," Malik said.

Referring to Arnesh Kumar vs. State of Bihar & Anr. case, Malik said: "The Supreme Court rendered a historic decision to stop the abuse of anti-dowry laws and laid down certain guidelines. It emphasised the importance of striking a balance between individual liberty and society order while exercising arrest power which must be done cautiously."

Despite the same, the courts are still seeing flagrant violations and misuse of these women-centric provisions wherein false allegations are being levelled against the husband and his family members.

"Instances of men committing suicide due to societal pressures have also come to the fore. The culpability of the same ought to also be attributed to these women, who for easy money tend to resort to the extent of torturing a man and his family by such barbaric acts," Ramdanee said.

One must not lose sight of the fact which looms large, more than ever now, that avenues and legal remedies for a man are confined and limited.

"They too are victims of cruelty and mental torture. The unconscious notion that the woman is always the one who is vulnerable and needs protection has to be done away with and stringent provisions in the form of punitive measures must be enacted against unscrupulous women who have taken not only the law but the courts as well for a ride, creating a mockery of the system and the provisions which were once meant to protect and serve them," Malik opined.

More so in the modern day and age, young working couples in metropolitan cities who share the equal burden of shared household, we often see the man being at the struggling end of the litigation and in some cases his access to his own house and belongings stands restricted due to the vengeful attitude of the partner and sometimes his in-laws.

"The laws need to be revised so that a married man can find some solace in the courts of law if need be," said Malik.

It is essential that the judicial system sets an example by taking fierce steps against the women who are abusing the laws meant for their benefit and upliftment.

"The need of the hour calls for the enactment of a Protection of Men from Domestic Violence Act or the gender neutralisation of the existing Act which will be the summum bonum of our society," Ramdanee concluded.