Justice for All: Why India Needs Gender-Neutral Domestic Violence Laws

Justice for All: Why India Needs Gender-Neutral Domestic Violence Laws

I’m beyond frustrated with India’s domestic violence laws. They claim to be progressive and protective, but they’re nothing short of a joke when it comes to fairness. Instead of building a system that protects every victim, regardless of gender, we have one that seems perfectly fine with institutionalizing bias. It’s disheartening to see how the system continues to ignore the reality that domestic abuse affects men as much as it affects women. The laws are failing too many victims. Domestic abuse knows no gender boundaries, and yet our legal system continues to prioritize women’s experiences while sidelining others.

Atul’s Story: A Tragic Reflection of a Broken System

Atul’s story is a heart-wrenching example of how India’s flawed system can fail. After enduring alleged abuse from his wife and encountering a judiciary marred by corruption, Atul tragically took his own life. Yes, his wife and the judge might have been corrupt and abusive. Yes, he might have been truthful in his claims. But let’s not forget that we only have heard one side of the story. Atul was clearly in a distressed state and it’s hard to rely solely on his perspective. That said, if his wife and the judge are as evil as described, they deserve to face the consequences. Cases like this should force the government to reform these broken laws. But until we know for sure, let’s hold off on pitchforks. Emotions override logic too often and that’s a part of the problem here.

The Misuse of 498A

Section 498A of the Indian Penal Code was introduced to protect women from domestic violence, but it has increasingly become a tool for exploitation. False accusations under 498A are becoming alarmingly common, turning the law into a weapon rather than a shield. Genuine victims of domestic violence are overshadowed by this misuse, while innocent men and their families face harassment, financial ruin and social stigma.

This doesn’t mean women shouldn’t be protected, they absolutely must. But we need a system that differentiates between legitimate claims and malicious misuse. The current framework does neither. It’s time to scrap laws like 498A in their present form and replace them with legislation that safeguards victims of all genders.

Addressing the Real Problem

Consider this: A man commits suicide after being falsely accused, and his wife faces minimal consequences. She might spend a few weeks in jail before being released on bail, while the judge who allegedly took a bribe remains untouchable. In a civilized society, such a judge would be impeached, and their past cases would be thoroughly reviewed. Yet, in India, this kind of accountability is almost non-existent.

Spend a few minutes in a family court, and you’ll see how deeply flawed the system is. Men are routinely subjected to unfair judgments, including lifetime alimony to abusive spouses. Imagine being legally obligated to fund the lifestyle of someone who has abused you. This isn’t just unfair, it’s inhumane.

This is not about vilifying women. It’s about holding the judiciary and government accountable for perpetuating a flawed system. Male victims of abuse are the most marginalized group because they have no legal protection, no societal support, and no one willing to listen. This must change, NOW!

Resistance to Gender-Neutral Laws

Shockingly, women’s commissions and some pseudo-feminist groups are actively opposing gender-neutral laws. Yes, you heard that correctly. You can read more about it in the article below:

Controversy over Karnataka government’s proposal on gender neutral rape laws
The Karnataka unit of the National Federation of Indian Women (NFIW) strongly condemns the proposed gender neutral rape laws by an expert committee. Read more about the concerns and demands raised by NFIW in this article.

If these groups truly cared about equality, they’d advocate laws that protect everyone. Why would anyone fight against protecting victims of all genders? It’s almost as if these groups benefit from perpetuating the narrative of men as perpetual villains. Equality doesn’t mean anything if we’re not willing to protect everyone. These groups claim to fight for justice, but their actions show otherwise.

Moving Towards Inclusive Laws

If we want real justice, the legal system must evolve. First and foremost, gender-neutral laws are a must. The current system is so biased it’s almost laughable. Rape, domestic violence and sexual harassment should be addressed with the same standard, regardless of whether the victim is a man, woman, or transgender individual. Abuse is abuse, and the law must recognize that.The idea that only women can be victims is outdated and frankly ridiculous. It’s almost 2025, gender should not decide who gets to seek justice. Society must move beyond outdated gender stereotypes and recognize that anyone can be a victim of abuse.

The Way Forward

After reading stories like Atul’s, it’s easy to feel anger and hatred. But let’s channel that frustration in the right direction.This issue is not a battle between men and women, it’s about fixing a broken system that harms everyone. Blaming women or spreading hate achieves nothing. Instead, we must demand better laws, greater accountability, and protections for all victims. Only then can we build a truly fair and inclusive society, a society where no victim is left behind.