BEYOND PATRIARCHY: THE SILENT STRUGGLES OF MEN IN INDIA’S LEGAL SYSTEM
Sangita Sau, Student, The Neotia University, School of Legal Studies
Introduction: If justice is truly blind, why does it seem to wear black glasses when it comes to men?
In a patriarchal society where men are at the top of the list, then why are they continuously struggling for their rights? In India, gender justice conversations are often dominated by the visible struggles of women. We hear the loud cries for equality, protection, and rights—and rightly. But in these circumstances, men are not properly breathing in the society. As the coin has two sides, one side is always invisible to everyone. They are suffering from false accusations, biased custody battles, false dowry cases etc.
In this complex landscape, as we know, justice is not blind- it is selectively focused. Men in India, much like their female counterparts, navigate a labyrinth of laws, biases, and prejudices that often trap them in a web of silent suffering. So, is the system truly fair, or does it favour the gendered norms ingrained within it?
Uncovering the Hidden Struggle: India’s legal body offers various provisions that safeguard women’s rights, such as the domestic violence act and anti-dowry laws under section 85 of the BNS. While these laws are essential, they have crated an unwilling blind spot for men, particularly those who find themselves victims of the same system they were supposed to be protected by.
Every year, over 40,000 men in India are falsely accused under dowry laws, yet the recourse available to them is almost non-existent. In a toxic environment where men’s reputations are laying down, the countless innocent person is recognised as a victim without any guilt done, because of protecting women’s rights without hearing their voices. So alone, this can destroy every individual carer, relationship, and reputation in the society. The law built to protect one, group often dismantles the dignity of another.
The silent epidemic: In a world where strength is a man’s expected armor, what happens when he becomes the victim? The narrative of men as protectors and providers leaves no room for vulnerability; countless men are trapped in emotional turmoil and false accusations with no escape.
Take the story of a Delhi- based entrepreneur falsely accused of domestic violation. After many years of legal battles, he left his reputation in ruins, and his mental health and finances were damaged. His experience, though rarely acknowledged, is far from unique.
Imagine fighting a battle that no one can see-where your wounds are invisible, and your voice is silenced. How do you overcome this situation?
This silent epidemic festers behind closed windows, hidden beneath the societal expectations. Now it’s time to ask: how many voices will we ignore before we finally listen?
The Wind of Change: Everyone is equal before the law, but why is it always protecting one gender? The pursuit of justice demands a universal truth: equality. It’s not about protecting one or creating a boundary.
Many countries like Canada, the USA and Australia have set their limits by introducing gender- neutral laws where all citizens are equally protected under the law. It’s time for India to craft a legal system that listens every voice, without any discrimination.
Imagine a future where justice doesn’t ask, Who should we protect? But instead declares everyone deserves protection. True equality is not about taking sides; it’s all about spreading the boundaries.
Take a recent case Atul Subhas, a Bengaluru tech professional, this case points out the harsh realities men face in the Indian legal system. Falsely accused of dowry harassment and other charges, he struggles with a prolonged legal battle ultimately dying by suicide in 2022.
To reduce such violations India must follow suit by amending existing laws to reflect a more balanced approach that safeguards all victims while preventing misuse and bias. Some key reforms could include:
Dedicated support systems: Creating counselling services and a legal aid cell specifically for men, offering guidance and representation that help the innocent men to recover this situation.
Amending existing laws: Expending the scope of the domestic violence act to include male victims and ensuring that laws account for all genders in cases of abuse.
Law enforcement sensitisation: Training judicial officers and police to handle cases involving male victims with empathy, also making a guideline that follows the officers.
By adopting these changes, India can move toward a truly just legal system, one that does not favour one gender over another.
Practical implication: The legal system cannot afford to choose sides. The absence of gender inclusive legal framework not only marginalises male victims but also weakens the credibility of the entire justice system. When men lack legal resources, it creates a ripple effect- financial and mental health crises also damage reputations. Families suffer, workplaces are disrupted, and trust in the legal system erodes.
What can be done now?
Public discourse: Conversations around male victimisations must be normalised and uprooted empathy.
Legislative action: Policymakers must be introducing gender-neutral laws and reviewing the existing ones.
Judicial awareness: Courts must adopt a more inclusive approach and acknowledge the realities faced by men. A legal system that protects everyone fosters a healthier and more equitable society.
Conclusions: Justice should be the great equaliser—a beacon that offers light to all, irrespective of gender, race, or status. should be the great equalizer—a beacon that offers light to all, irrespective of gender, race, or status. men straggling India’s legal system deserve as much attention as those of women. Addressing these issues is not about creating one gender against the other; it’s all about making equality, fairness, and compassion for all. The path forward is smooth and clear: legal reforms that address the realities of all individuals, judicial sensitivity that sees beyond stereotypes, and a collective effort to break the silence surrounding men’s issues.
“True justice does not wear a blindfold-it wears an open heart and a discerning mind”.