What are Gender-Biased Laws in India?

'Innocent until proven guilty'- but does it really apply when the accused is a Man?

While the Constitution of India provides every citizen with equal rights, if you closely look at India's population and the Criminal Laws, you'll see a clear bias. The law appears well-prepared when it comes to protecting women from men but pulls back when dealing with crimes committed by women against men.

A recent incident is the suicide case of Bangalore techie Atul Subhash. It might be surprising, but NCRB 2021 data highlights out of 1,64,033 suicides in India that year, 81,000+ were married men, compared to 28,000+ married women. This shows that men often endure greater mental stress, especially related to family and marriage issues. 

Men's legal rights in these situations appear significantly limited compared to women. Consider examples like male rape, men's harassment at workplaces, and even adultery (until recently). Through this blog, we will understand what gender-biased laws are against men.

1. False Promise to Marry

The issue of false promises to marry continues to highlight gender bias in Indian laws, even under the newly introduced Bharatiya Nagarik Suraksha Sanhita, 2023 (BNS), which replaces the Indian Penal Code (IPC). Here's how:-

1.1. Women Are Assumed as Victims

Under the BNS, the concept of rape (Section 69) mirrors its predecessor under IPC Section 375 r/w Section 90. If a man engages in sexual relations with a woman under a false promise of marriage, it is considered rape, as the woman's consent is deemed invalid.

• No Provision for Men as Victims: The law does not recognize that men can also be victims of deceitful promises of marriage, leaving them without any remedy in similar circumstances.

1.2. Gender-Specific Interpretation of Consent

The BNS continues to treat women as the more vulnerable party in relationships, emphasizing that a woman's consent obtained through deceit is invalid. However:

• If a man's consent is similarly obtained under false pretences, it does not hold the same legal weight.
• There is no accountability for women who use false promises to emotionally or socially manipulate men into relationships.

1.3. Misuse of False Promise to Marry

There are growing cases where laws about false promises of marriage are being misused.

• False Allegations: When a relationship ends badly, men are sometimes wrongly accused of making false promises, even if they had no intention of deceiving. 
• Pressure to Comply: Men often fear being accused and charged, which forces them to meet unfair demands and puts them in an unjust position.

2. Sexual Harassment at the Workplace

Sexual harassment in the workplace in India is a significant issue, but the way it is perceived and dealt with often reflects a gender-biased approach. While the law has made efforts to address harassment, it largely focuses on women as the victims and tends to overlook men. Here's how sexual harassment at work in India is often gender-biased:

Read the full blog on Laws against Sexual Harassment & Acts outraging the modesty of a woman.

2.1. Women Seen as the Primary Victims

In India, sexual harassment laws are predominantly designed with women as the primary victims. This view stems from historical gender inequality, where women have been seen as more vulnerable to harassment in the workplace. However, this assumption excludes male victims and those from non-binary or LGBTQ+ communities, who also face harassment but lack adequate legal recourse.

While laws like the POSH Act (the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013) are aimed at protecting women from harassment, the general societal understanding is that only women can be victims of such crimes. This gendered view neglects the fact that men, too, can experience sexual harassment.

2.2. Lack of Recognition for Men as Victims

Most laws and workplace policies in India don't consider men as victims of sexual harassment. If a man is harassed by a woman, it is often ignored or not treated as seriously. There is no clear law that protects men in these situations.

However, Section 14 (Punishment for false or malicious complaint and false evidence) of the POSH Act has provisions to deal with false complaints and protect the reputation of wrongfully accused individuals. 

Also read- History of Women's Protection Laws in India

3. Rape & Sexual Assault 

Rape is the 6th biggest crime in India. When it comes to crimes like rape, social perception strongly leans towards women being the victims. Due to this bias, it is almost impossible to acknowledge male victims of rape. 

Section 375 of IPC 1860 (now Section 63 of BNS 2023) defines rape in a way that only recognizes men as perpetrators and women as victims. According to this law, a man can only be considered a rapist, and a woman can only be considered a victim of rape.

Male rape victims, however, are not acknowledged in this law. For male victims of sexual offences where the perpetrator is male, Section 377 (Unnatural Offence) was the only legal recourse. But, with the introduction of the New Criminal Laws, this section has been completely removed. However, even in cases where a man is sexually assaulted by another man, it isn't categorized as "rape" under any law. Additionally, the law doesn't differentiate between consensual and non-consensual sex between adult men. Moreover, when the female perpetrator is involved, male victims have no legal path to seek justice.

3.1. But can a Woman Commit Rape?

Some experts doubt whether a woman can commit rape, arguing that a man must be sexually aroused to have sex, and a woman's coercion wouldn't work because the man would be too frightened or disoriented. However, research contradicts this view.

A 1982 study by Sarrel and Masters showed that 11 men who had been sexually assaulted by women experienced feelings of anxiety, humiliation, and fear but still responded sexually. Some men even reported ejaculation, suggesting that anxiety can increase sexual arousal. 

3.2. Problems with Current Rape Laws

There are several inconsistencies in how rape laws are applied, especially regarding male victims. For instance:

• Protection for Women in Authority: Under Section 376C of the IPC (now Section 68 of the BNS), public servants and higher-ups who exploit their position to seduce and have sex with women are liable to imprisonment. However, no such punishment exists for women who seek sexual favours from men.

• False Allegations: A woman can accuse a man of rape even if the sex was consensual, driven by a vengeful attitude. Men have no legal protection against false and malicious allegations made by women with bad intentions. 

3.3. The Age of Consent Issue

In India, the age of consent laws are also gender-biased. If a boy aged 16 engages in consensual sex with a girl of the same age, the boy can be charged with rape. However, there is no equivalent law that protects young boys in such situations, revealing a significant gap in the legal system when it comes to male victims of sexual offences.

Also read- Top 10 Constitutional Law Cases of 2024 (Yearly Roundup)

4. Cruelty & Maintenance

4.1. Cruelty Under Section 498A of IPC (Now Section 85 of BNS)

The provision addressing cruelty in marriage has historically focused on protecting women from harassment or violence by their husbands or in-laws. However, the BNS retains the gender-specific nature of the law, which leads to:

• No Protections for Men: Under the revised Section 85, men cannot seek redressal for cruelty their wives or in-laws face.

• False Allegations: Instances of misuse continue to rise, where some men are falsely accused of leverage in marital disputes, creating a significant legal burden.

• Criminal Conspiracy u/ 120-A & B, IPC (now S. 61 BNS): A husband who feels threatened and has evidence against his wife about the criminal conspiracy against him can file a case. This can be a valid ground of divorce and the husband could be granted divorce if the evidence is substantiated. Section 13(1) (ia) of the Hindu Marriage Act,1955, also a legal recourse in such cases.

4.2. Maintenance Under Section 125 of CrPC (Now Section 144 of Bharatiya Nagarik Suraksha Sanhita (BNSS))

Maintenance laws have been updated in the BNSS, 2023, but still primarily favor women and children, with provisions for dependent parents.

• Gender Bias Remains: Under Section 144 of the BNSS, the law assumes men as sole breadwinners, requiring them to provide financial support regardless of the wife’s financial independence.

• Lack of Reciprocal Rights: If men facing financial hardship or unemployment have no corresponding rights to seek maintenance, even in genuine cases of need. However, Sections 24 and 25 of the Hindu Marriage Act 1955 allow men temporary maintenance and alimony if a man is without independent income. 

4.3. Child Custody and Gender Bias

When it comes to child custody, the law usually favors mothers, making it hard for fathers to get custody or even regular visitation. There's a common belief that mothers are naturally better caregivers, but this isn't always true in every situation. This bias often leaves fathers at a disadvantage in family courts.

Author's Remark:

Gender equality should ensure fairness for all, but in practice, the law often overlooks the struggles men face. From being victims of false accusations, such as those involving promises of marriage, to enduring workplace harassment or domestic violence, men face societal stigma and legal neglect. 

Tragically, cases like Atul Subhash's highlight the devastating impact of these biases. Despite contributing to family and society, male victims of abuse and harassment rarely find acknowledgement in legal frameworks. Through this blog, I aim to bring attention to these overlooked issues and advocate for balanced, gender-neutral laws that champion justice for all.