By Mohammad Ibrahim Raza
The author is a graduate and a civil services aspirant.
Discussions on gender justice in India have, for long, rightly centred on the empowerment and protection of women — a critical objective given entrenched social and historical inequities. However, a more nuanced conversation is now emerging around the lived experiences of men within the same legal and social frameworks. Recent incidents and a growing body of evidence from 2024–2025 underscore the urgency of examining not only the efficacy of existing gender-protective laws but also their potential misuse and the absence of corresponding support systems for men.
The Question of Legal Misuse
While statutes such as Section 498A of the Indian Penal Code (IPC), designed to address cruelty by husbands or in-laws, play a vital role in combating domestic abuse, there have been increasing concerns regarding their misuse. In its May 2025 ruling, the Supreme Court granted relief to a man after a 26-year legal battle under 498A, explicitly citing the “malicious misuse” of dowry laws. The non-bailable and cognizable nature of such provisions — while well-intentioned — can lead to immediate arrests and long-term social, financial, and emotional damage, even in cases that eventually prove baseless.
Similar trends have been observed in sexual assault cases. District court data from Delhi (2021–2024) reveal low conviction rates in many rape cases, with a substantial proportion of complainants turning hostile. While these outcomes are shaped by a range of socio-legal complexities, they nonetheless fuel broader discussions about the fairness and balance of existing frameworks.
The tragic case of Atul Subhash, a Bengaluru-based software engineer who died by suicide in December 2024, brought this issue into sharp public focus. In his note and video, Subhash accused his estranged wife and in-laws of harassment and financial extortion (allegedly ₹3 crore), including the filing of false cases under Section 498A. The incident triggered a national outcry and a plea to the Supreme Court seeking clearer guidelines to curb the misuse of protective laws.
The Missing Support Structures
Alongside legal vulnerability is the stark absence of institutional support for men. While commissions and helplines exist for women, no equivalent mechanisms are available to address
male grievances. Cultural expectations of stoicism often prevent men from expressing distress
or seeking help, further deepening their isolation.
According to the State of Emotional Wellbeing Report 2024, there has been a 7% rise in the
number of men seeking counselling. Yet, these efforts remain insufficient without a formal
framework. Civil society groups like the Save Indian Family Movement report receiving
thousands of monthly calls related to domestic violence against men and legal harassment,
underscoring the magnitude of the issue.
Even criminal cases, such as the May–June 2025 Meghalaya honeymoon incident — where a
man was allegedly murdered by his wife and her partner — highlight the potential dangers men
may face, reinforcing the need for gender-neutral justice mechanisms.
Towards a More Equitable Legal Framework
To move toward a genuinely inclusive model of justice, a multi-pronged legal and policy
response is essential:
Amendments for Gender Neutrality: Sections such as 498A IPC and the Domestic Violence Act
should be made gender-neutral, enabling men and transgender individuals to seek protection
under the same legal provisions. Likewise, laws on sexual assault should be reformed to
recognise all genders as potential victims.
Safeguards Against False Cases: Provisions mandating preliminary inquiries before arrest in
non-bailable offences, and stricter penalties for proven false allegations, can serve as critical
safeguards without undermining the protection of genuine victims.
Institutional Support for Men: A National Commission for Men, government-funded legal aid,
helplines, and counselling centres are urgently required to assist male victims and those falsely
implicated in legal proceedings.
Family Law Reforms: Alimony, maintenance, and child custody laws must be re-evaluated
through a gender-neutral lens, ensuring that decisions are based solely on economic and
caregiving capacity.
Judicial and Law Enforcement Sensitisation: Regular training for the judiciary and police
personnel can help address unconscious biases and improve understanding of male
victimisation.
Conclusion
Safeguarding women’s rights must remain a central tenet of our justice system. Yet, a truly just
and equitable society must also acknowledge and address the vulnerabilities of men. As we
move forward in reshaping gender discourse, the focus should shift from protection rooted solely in identity, to protection grounded in fairness, need, and humanity.
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