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{{short description|none}} | |||
{{Use dmy dates|date=July 2015}} | {{Use dmy dates|date=July 2015}} | ||
{{Use Indian English|date=August 2015}} | |||
] about ].]] | |||
{{Masculism sidebar |bycountry}} | {{Masculism sidebar |bycountry}} | ||
The '''men's rights movement in India''' is |
The '''men's rights movement in India''' is composed of various independent ] organisations in ]. Proponents of the movement support the introduction of ] ] and repeal of laws that are ] against men.<ref name="newmalestudies.com">{{Cite journal|title=A DEMAND FOR A NATIONAL COMMISSION FOR MEN IN INDIA {{!}} New Male Studies|url=http://www.newmalestudies.com/OJS/index.php/nms/article/view/275|language=en-US}}</ref> | ||
Indian men's rights activists are organised around legal issues such as ], ], and ], which they believe are biased against men.<ref name="Chowdhury 2014 pp. 27–53">{{cite journal | last=Chowdhury | first=Romit | title=Conditions of Emergence: The Formation of Men's Rights Groups in Contemporary India | journal=Indian Journal of Gender Studies | publisher=SAGE Publications | volume=21 | issue=1 | year=2014 | issn=0971-5215 | doi=10.1177/0971521513511199 | pages=27–53| s2cid=144978025 }}</ref> They also assert that the frequency of domestic violence against men has increased over time with many cases going unreported as men are shamed into not reporting abuse or fear false accusations against them in reprisal. Some men's rights activists also consider India's rape reporting laws and sexual harassment laws in India to be biased against men. | |||
==History== | ==History== | ||
===1990s and early 2000s=== | |||
The first men's rights organisations in India sprouted in the 1990s in Kolkata, Mumbai, and Lucknow, with the cities respectively being home to the groups Pirito Purush (The Persecuted Man), Purush Hakka Samrakshan Samiti (Committee for the Protection of Men's Rights), and Patni Atyachar Virodhi Morcha (Protesting Torture by Wives). These groups demanded rights for men, in particular husbands, and shared the view that they needed to undo some of the reforms achieved by feminists. The three groups were formed in response to alleged abuse of ] of the Indian Penal Code.<ref name="Chowdhury 2014 pp. 27–53"/> | |||
Subsequently, a helpline for battered men was started.<ref name=marry>{{cite news|title=Marry shades of grey!|url=http://www.deccanherald.com/content/2615/marry-shades-grey.html|accessdate=6 April 2014|newspaper=]|date=6 April 2014}}</ref><ref name=hope>{{cite news|title=Hope for victimised husbands|url=http://www.rediff.com/news/2003/dec/24spec.htm|accessdate=6 April 2014|newspaper=]|date=26 December 2003}}</ref> "Save Indian Family" was founded on 9 March 2005 by the unification of a number of family's rights organisations across India.<ref name=hist>{{cite web|title=History of Save Indian Family|url=http://www.saveindianfamily.in/index.php?option=com_content&view=article&id=129&Itemid=429|website=Save Indian Family|accessdate=5 June 2014}}</ref> On 19 November 2007, the ] celebrated ] for the first time in India.<ref name="mens day">{{cite news|title=International Men's Day on Nov. 19|url=http://www.hindu.com/2007/11/17/stories/2007111763090300.htm|archive-url=https://web.archive.org/web/20071119132905/http://www.hindu.com/2007/11/17/stories/2007111763090300.htm|url-status=dead|archive-date=19 November 2007|accessdate=6 April 2014|newspaper=]|date=17 November 2007}}</ref><ref name="Thompson2010">{{cite book|author=Jason Thompson|title=International Men's Day: The Making of a Movement|url=https://books.google.com/books?id=Sf2Jw0kccP8C&pg=PA28|accessdate=6 April 2014|year=2010|publisher=Soul Books|isbn=978-0-646-54972-9|page=28}}</ref> | |||
===1988–2005=== | |||
The Indian men's rights movement was started by Ram Prakash Chugh, a ] advocate, in ] in 1988 to handle false cases of dowry and torture. It was called Crime against Man Cell also known as Society for Prevention of Cruelty to Husbands.<ref name="wife beats">{{cite news|title=Help! My wife beats me|url=http://www.telegraphindia.com/1051213/asp/atleisure/story_5592050.asp|accessdate=6 April 2014|newspaper=]|date=13 December 2005}}</ref><ref name="nagging wife">{{cite news|title=Nagging wife? Help is at hand!|url=http://expressindia.indianexpress.com/news/fullstory.php?newsid=58141|accessdate=6 April 2014|newspaper=]|date=11 November 2005|agency=]}}</ref> Chugh himself faced problems in his marriage.<ref name="pro-men law">{{cite news|title=Harassed husbands seek a pro-men law|url=http://gulfnews.com/news/world/india/harassed-husbands-seek-a-pro-men-law-1.265832|accessdate=6 April 2014|newspaper=]|date=16 November 2006}}</ref> In 1996, the ''Purush Hakka Sanrakshan Samiti'' (Men's Rights Preservation Society) was formed by Patil to help husbands falsely imprisoned in dowry cases and to help avoid divorces by counseling couples.<ref name=hakka>{{cite news|title=This Pune samiti fights for the rights of men|url=http://www.dnaindia.com/mumbai/report-this-pune-samiti-fights-for-the-rights-of-men-1766791|accessdate=6 April 2014|newspaper=]|date=20 November 2012}}</ref> Sangyabalya, a helpline for husbands and families harassed by anti-dowry laws, was started in June 2003 by Arun Murthy in ]. He started the helpline after his sister-in-law filed a dowry harassment case against his younger brother and his entire family was implicated.<ref name=marry>{{cite news|title=Marry shades of grey!|url=http://www.deccanherald.com/content/2615/marry-shades-grey.html|accessdate=6 April 2014|newspaper=]|date=6 April 2014}}</ref><ref name=hope>{{cite news|title=Hope for victimised husbands|url=http://www.rediff.com/news/2003/dec/24spec.htm|accessdate=6 April 2014|newspaper=]|date=26 December 2003}}</ref> Save Indian Family was founded on 9 March 2005 by the unification of a number of family's rights organizations across India.<ref name=hist>{{cite web|title=History of Save Indian Family|url=http://www.saveindianfamily.in/index.php?option=com_content&view=article&id=129&Itemid=429|website=Save Indian Family|accessdate=5 June 2014}}</ref> On 19 November 2007, the ] (SIFF) celebrated ] for the first time in India.<ref name="mens day">{{cite news|title=International Men's Day on Nov. 19|url=http://www.hindu.com/2007/11/17/stories/2007111763090300.htm|accessdate=6 April 2014|newspaper=]|date=17 November 2007}}</ref><ref name="Thompson2010">{{cite book|author=Jason Thompson|title=International Men's Day: The Making of a Movement|url=http://books.google.com/books?id=Sf2Jw0kccP8C&pg=PA28|accessdate=6 April 2014|year=2010|publisher=Soul Books|isbn=978-0-646-54972-9|page=28}}</ref> | |||
===2006–2010=== | ===2006–2010=== | ||
In 2009, the ] agreed to meet men's rights activists to listen to their plea that the dowry and domestic violence laws were biased against them. On 25 June 2009, the activists were invited to discussion possible changes to these laws. The agenda of the meeting was changed a day before to exhort men to stand up against exploitation of women. The activists criticized the last minute agenda change. A week later, the ministry said that they had received a large number of complaints, many of which appeared to be legitimate. They said that they may consider reviewing the marital laws, but were reluctant to change them in a way that would weaken their implementation for women.<ref name="review forced">{{cite news|title=Men force review of 'biased' dowry law|url=http://www.telegraphindia.com//1080707/jsp/nation/story_9514141.jsp|accessdate=22 April 2014|newspaper=]|date=6 July 2008}}</ref> | |||
In September 2008, Save Family Foundation sent a complaint against a Kitply plywood commercial to the ]. The ad showed a wife slapping her husband on her wedding day because of a creaking bed. The complaint alleged that the ad promoted violence against men by portraying it as funny. In the same month, Chennai-based organization Indiya Kudumba Pathukappu Iyaakam, complained against a ] ad which portrayed men as wife-beaters and an ] commercial which allegedly portrayed verbal and economical abuse against men.<ref name="kitply ad">{{cite news|title=Men's groups want 'offensive' ad off air|url=http://www.dnaindia.com/india/report-men-s-groups-want-offensive-ad-off-air-1190494|accessdate=22 April 2014|newspaper=]|date=16 September 2008}}</ref> | |||
In September 2008, ] filed a complaint against a Kitply ] commercial to the ], for portraying a wife slapping her husband on her wedding day because of a creaking bed, alleging that the ad promoted domestic violence against men by portraying it as humorous. In the same month, Chennai-based organisation ''Indiya Kudumba Pathukappu Iyaakam'', complained against a ] ad which labelled men as wife-beaters and an ] commercial which allegedly portrayed verbal and economical abuse against men.<ref name="kitply ad">{{cite news|title=Men's groups want 'offensive' ad off air|url=http://www.dnaindia.com/india/report-men-s-groups-want-offensive-ad-off-air-1190494|accessdate=22 April 2014|newspaper=]|date=16 September 2008}}</ref> | |||
In 2009, Child's Right and Family Welfare was formed to demand fairer laws for men, including better child custody and access laws.<ref name=biwi/> In April 2010, when Pakistani cricketer ] was accused of cheating by a woman from ], Ayesha Siddiqui, just prior to his marriage to tennis player ], SIFF released a statement in support of Malik and demanding that his passport be returned. It added its concerns over such misuses of Section 498A of the Indian Penal Code.<ref name=malik1>{{cite news|title=Now a Men's Rights Organisation Supports Shoaib|url=http://news.outlookindia.com/items.aspx?artid=678707|accessdate=8 April 2014|newspaper=]|date=5 April 2010}}</ref><ref name=malik2>{{cite news|title=Shoaib Malik finds support from an NGO|url=http://archive.indianexpress.com/news/shoaib-malik-finds-support-from-an-ngo/600910/|accessdate=8 April 2014|newspaper=]|date=6 April 2010}}</ref> | |||
The NGO 'Child's Right and Family Welfare' was formed in 2009 to demand fairer laws for men, including better child custody and access laws.<ref name=biwi>{{cite news|title=Mujhe Meri Biwi Se Bachao...|url=http://www.mumbaimirror.com/mumbai/others/Mujhe-Meri-Biwi-Se-Bachao--/articleshow/15982102.cms|accessdate=6 April 2014|newspaper=]|date=6 January 2010}}</ref> In April 2010, when ] ]er ] was accused of ] by a woman from ], Ayesha Siddiqui, just prior to his marriage to tennis player ], SIFF released a statement in support of Malik demanding that his ] be returned. It added its concerns over such misuses of Section 498A of the Indian Penal Code.<ref name=malik1>{{cite news|title=Now a Men's Rights Organisation Supports Shoaib|url=http://news.outlookindia.com/items.aspx?artid=678707|accessdate=8 April 2014|newspaper=]|date=5 April 2010|archive-url=https://web.archive.org/web/20140408214358/http://news.outlookindia.com/items.aspx?artid=678707|archive-date=8 April 2014|url-status=dead}}</ref><ref name=malik2>{{cite news|title=Shoaib Malik finds support from an NGO|url=http://archive.indianexpress.com/news/shoaib-malik-finds-support-from-an-ngo/600910/|accessdate=8 April 2014|newspaper=]|date=6 April 2010}}</ref> In 2009, the head of the ], ], agreed to meet men's rights activists to listen to their concerns about biased legislation. On 25 June 2009, the activists were invited to discuss possible changes to these laws. However, the ministry changed the agenda of the meeting on 24 June, and ministry officials announced they were "unwilling to accept any flaws in current laws." This angered the activists and resulted in a large number of complaints to the ]. A week later, government officials indicated they would indeed review the current laws.<ref name="review forced">{{cite news|title=Men force review of 'biased' dowry law|url=http://www.telegraphindia.com//1080707/jsp/nation/story_9514141.jsp|archive-url=https://web.archive.org/web/20080801181259/http://www.telegraphindia.com/1080707/jsp/nation/story_9514141.jsp|url-status=dead|archive-date=1 August 2008|accessdate=22 April 2014|newspaper=]|date=6 July 2008}}</ref> | |||
In late 2012, the men's rights activists criticised actor Aamir Khan's television show, ]. In December 2012, about 15,000 men pledged to boycott ]'s film ]. According to Anil Kumar, co-founder of SIFF, Aamir Khan had portrayed men negatively on the show and had projected only one side of the domestic violence issue.<ref name=boycott>{{cite news|title=15,000 men to boycott all Aamir's films until he apologises!|url=http://timesofindia.indiatimes.com/entertainment/hindi/bollywood/news-interviews/15000-men-to-boycott-all-Aamirs-films-until-he-apologises/articleshow/17441365.cms|accessdate=7 April 2014|newspaper=]|date=2 December 2012}}</ref> | |||
===2010–2013=== | ===2010–2013=== | ||
In September 2012, ] ] proposed a bill that would make it mandatory for husbands to pay a salary to their wives.<ref name=PayHousewives>{{cite news|title=Soon, husbands to pay salary to their housewives!|url=http://zeenews.india.com/news/nation/soon-husbands-to-pay-salary-to-their-housewives_797633.html|accessdate=26 July 2015|work=]|date=4 September 2012}}</ref><ref name=HomemakerSalary>{{cite news|title=Homemakers to get salaries according to new govt proposal|url=http://indiatoday.intoday.in/story/homemakers-to-get-salaries-according-to-new-govt-proposal/1/216645.html|accessdate=26 July 2015|work=]|date=9 September 2012}}</ref><ref name=TirathSalary>{{cite news|title=Don't consider monthly income to housewives as salary: Krishna Tirath|url=http://articles.economictimes.indiatimes.com/2012-09-11/news/33763302_1_krishna-tirath-child-development-minister-housewives|accessdate=26 July 2015|work=]|date=11 September 2012}}</ref> This move was criticized by men's rights groups and they sought Prime Minister ]'s intervention in the matter.<ref name="wife salary">{{cite news|title=Housewives in India may receive salaries from husbands|url=http://www.thenational.ae/news/world/south-asia/housewives-in-india-may-receive-salaries-from-husbands|accessdate=21 April 2014|newspaper=The National (Abu Dhabi)|date=20 September 2012}}</ref><ref name=SalaryRediff>{{cite news|title=Salary to the wife? Men's groups fume over proposed law|url=http://www.rediff.com/news/report/salary-to-the-wife-men-s-groups-fume-over-proposed-law/20120910.htm|accessdate=26 July 2015|work=]|date=10 September 2012}}</ref> | |||
In September 2012, ] ] proposed a bill that would make it mandatory for husbands to pay a salary to their wives.<ref name="PayHousewives">{{cite news|date=4 September 2012|title=Soon, husbands to pay salary to their housewives!|work=]|url=http://zeenews.india.com/news/nation/soon-husbands-to-pay-salary-to-their-housewives_797633.html|accessdate=26 July 2015}}</ref><ref name="HomemakerSalary">{{cite news|date=9 September 2012|title=Homemakers to get salaries according to new govt proposal|work=]|url=http://indiatoday.intoday.in/story/homemakers-to-get-salaries-according-to-new-govt-proposal/1/216645.html|accessdate=26 July 2015}}</ref><ref name="TirathSalary">{{cite news|date=11 September 2012|title=Don't consider monthly income to housewives as salary: Krishna Tirath|work=]|url=http://articles.economictimes.indiatimes.com/2012-09-11/news/33763302_1_krishna-tirath-child-development-minister-housewives|archive-url=https://web.archive.org/web/20151017153035/http://articles.economictimes.indiatimes.com/2012-09-11/news/33763302_1_krishna-tirath-child-development-minister-housewives|url-status=dead|archive-date=17 October 2015|accessdate=26 July 2015}}</ref> This move was criticised by men's rights groups and they sought Prime Minister ]'s intervention in the matter.<ref name="wife salary">{{cite news|date=20 September 2012|title=Housewives in India may receive salaries from husbands|newspaper=The National (Abu Dhabi)|url=http://www.thenational.ae/news/world/south-asia/housewives-in-india-may-receive-salaries-from-husbands|accessdate=21 April 2014}}</ref><ref name="SalaryRediff">{{cite news|date=10 September 2012|title=Salary to the wife? Men's groups fume over proposed law|work=]|url=http://www.rediff.com/news/report/salary-to-the-wife-men-s-groups-fume-over-proposed-law/20120910.htm|accessdate=26 July 2015}}</ref> | |||
Phanisai Bhardwaj, a ] candidate in Karnataka assembly polls, was found out to be a member of Centre for Men's Rights, against the Section 498a of IPC and ]s in jobs or education, after he made a post on Facebook in April 2013. He faced a protest campaign against him on the ], which called the Lok Satta Party "anti-women" and "anti SC/ST". ], founder of Lok Satta Party, called Bhardwaj's position on women "unacceptable". Later, Bhardwaj was asked to withdraw his nomination.<ref name="facebook row">{{cite news|title=Facebook posts trigger row|url=http://www.thehindu.com/news/national/karnataka/facebook-posts-trigger-row/article4637358.ece|accessdate=8 April 2014|newspaper=]|date=21 April 2013}}</ref> | |||
In late 2012, ], an Indian TV show hosted by actor ], was criticized by men's rights activists. According to Anil Kumar, co-founder of SIFF, Khan had portrayed men negatively on the show and had projected only one side of the ] issue.<ref name="boycott">{{cite news|title=15,000 men to boycott all Aamir's films until he apologises!|url=http://timesofindia.indiatimes.com/entertainment/hindi/bollywood/news-interviews/15000-men-to-boycott-all-Aamirs-films-until-he-apologises/articleshow/17441365.cms|accessdate=7 April 2014|newspaper=]|date=2 December 2012}}</ref> In December 2012, about 15,000 men pledged to boycott Khan's film '']''. Phanisai Bhardwaj, a ] candidate in Karnataka assembly polls, was found out to be a member of Centre for Men's Rights, against the Section 498a of IPC and ]s in jobs or education, after he made a post on Facebook in April 2013. He faced a protest campaign against him on the ], which called the Lok Satta Party 'anti-women' and 'casteist.' ], founder of Lok Satta Party, called Bhardwaj's position on women "unacceptable, and he was subsequently asked to withdraw his nomination.<ref name="facebook row">{{cite news|title=Facebook posts trigger row|url=http://www.thehindu.com/news/national/karnataka/facebook-posts-trigger-row/article4637358.ece|accessdate=8 April 2014|newspaper=]|date=21 April 2013}}</ref> In August that same year, Hridaya, a Kolkata-based NGO raised concerns about the proposed Marriage Laws (Amendment Bill), 2010<ref>{{Cite web|url = http://www.prsindia.org/uploads/media/Marriage%20Laws/Marriage%20Laws%20Bill%202010.pdf|title = THE MARRIAGE LAWS (AMENDMENT) BILL, 2010|website = PRS Legislative Research|publisher = PRS India}}</ref> which has been approved by the cabinet and cleared by Group of Ministers (GoM) headed by defence minister ]. According to Amartya Talukdar, the bill, which introduces the concept of ] and marital property is not fair for men. It will put the institution of marriage in jeopardy.<ref>{{Cite web|url=http://www.thestatesman.net/news/11962-protest-against-marriage-bill.html |title=Protest against Marriage Bill |date=26 August 2013 |website=The Statesman |url-status=dead |archive-url=https://web.archive.org/web/20141023064248/http://www.thestatesman.net/news/11962-protest-against-marriage-bill.html |archive-date=23 October 2014 }}</ref> | |||
On 21 December 2013, members of National Coalition for Men held a demonstration outside the offices of West Bengal Human Rights Commission (WBHRC) in ], stating that former Supreme Court judge ], and then chairman of WBHRC, was innocent until proven guilty. Ganguly had been accused of sexual harassment by a law intern. Amit Gupta, General Secretary of National Coalition for Men, said that even if the legal system of India and the ] states that an accused is to be treated as innocent until proven guilty, Ganguly was being held as guilty and subjected to a ].<ref name=pro-Ganguly>{{cite news|title=Men's rights group holds pro-Ganguly rally|url=http://www.thehindu.com/todays-paper/tp-national/mens-rights-group-holds-proganguly-rally/article5488518.ece|accessdate=8 April 2014|newspaper=]|date=22 December 2013}}</ref> | On 21 December 2013, members of National Coalition for Men held a demonstration outside the offices of West Bengal Human Rights Commission (WBHRC) in ], stating that former Supreme Court judge ], and then chairman of WBHRC, was innocent until proven guilty. Ganguly had been accused of sexual harassment by a law intern. Amit Gupta, General Secretary of National Coalition for Men, said that even if the legal system of India and the ] states that an accused is to be treated as innocent until proven guilty, Ganguly was being held as guilty and subjected to a ].<ref name=pro-Ganguly>{{cite news|title=Men's rights group holds pro-Ganguly rally|url=http://www.thehindu.com/todays-paper/tp-national/mens-rights-group-holds-proganguly-rally/article5488518.ece|accessdate=8 April 2014|newspaper=]|date=22 December 2013}}</ref> | ||
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===2014=== | ===2014=== | ||
On 16 February 2014, the members of Hridaya organised another protest against the ] that would introduce ] in the ] by wearing ]s. Amartya Talukdar voiced concern and said |
On 16 February 2014, the members of Hridaya organised another protest against the ] that would introduce ] in the ] by wearing ]s. Amartya Talukdar voiced concern and said that if the government really intends to empower women, then the law should be made applicable to all communities by bringing ] instead of being applicable only to ].<ref name=wearsarees>{{Cite news|url = http://indiatoday.intoday.in/story/men-wear-sarees-in-kolkata-to-protest-marital-amendment-bill/1/343851.html|title = Men wear sarees in Kolkata to protest against Marital Amendment Bill|date =16 February 2014|accessdate = 8 January 2014|work=]}}</ref> In March 2014, men's rights activists also criticised the second season of Aamir Khan's TV show, ]. SIFF said that the Aamir Khan quoted the domestic violence data from the National Family Health Survey, which surveyed only women from 15 to 49 age. They said the show gave the perception that men do not suffer from domestic violence.<ref name="AamirKhanMalign">{{cite news|title=Aamir Khan is maligning Men by telling lies, says Save Indian Family Foundation|url=http://timesofindia.indiatimes.com/tv/news/hindi/Aamir-Khan-through-Satyamev-Jayate-is-maligning-Men-by-telling-lies-says-Save-Indian-Family-Foundation/articleshow/32423311.cms?|accessdate=28 March 2015|work=]|date=21 March 2015}}</ref> | ||
In May 2014, Save Indian Family Foundation (SIFF) launched a mobile app called SIF One to reach out to men in distress.<ref name=app>{{cite news|title=A mobile app to save 'men in distress'|url=http://www.business-standard.com/article/news-ians/a-mobile-app-to-save-men-in-distress-114060600989_1.html|accessdate=8 June 2014|work=]|date=6 June 2014}}</ref> In the same month, an all India telephone helpline was launched.<ref name=helplineJune14>{{cite news|title=Helpline for men launched|url=http://www.thehindu.com/todays-paper/tp-national/tp-andhrapradesh/helpline-for-men-launched/article5974797.ece|accessdate=10 June 2014|work=]|date=4 May 2014}}</ref> | |||
In March 2014, men's rights activists also criticised the second season of Aamir Khan's TV show, ]. SIFF said that the Aamir Khan quoted the domestic violence data from the National Family Health Survey, which surveyed only women from 15 to 49 age. They said the show gave the perception that men do not suffer from domestic violence.<ref name=AamirKhanMalign>{{cite news|title=Aamir Khan is maligning Men by telling lies, says Save Indian Family Foundation|url=http://timesofindia.indiatimes.com/tv/news/hindi/Aamir-Khan-through-Satyamev-Jayate-is-maligning-Men-by-telling-lies-says-Save-Indian-Family-Foundation/articleshow/32423311.cms?|accessdate=28 March 2015|work=]|date=21 March 2015}}</ref> | |||
In May 2014, Save Indian Family Foundation (SIFF) launched a mobile app called SIF One to reach out to men in distress.<ref name=app>{{cite news|title=A mobile app to save 'men in distress'|url=http://www.business-standard.com/article/news-ians/a-mobile-app-to-save-men-in-distress-114060600989_1.html|accessdate=8 June 2014|work=]|date=6 June 2014}}</ref> In the same month, an all India telephone helpline was launched.<ref name=helpline>{{cite news|title=Helpline for men launched|url=http://www.thehindu.com/todays-paper/tp-national/tp-andhrapradesh/helpline-for-men-launched/article5974797.ece|accessdate=10 June 2014|work=]|date=4 May 2014}}</ref> | |||
====Indian general election, 2014==== | ====Indian general election, 2014==== | ||
During the pre-election campaign period for the ], on 11 January 2014, National Coalition for Men in ] present their demand of the formation of a men's ministry and a men's rights panel to all political parties in India. They also released their own manifesto called "Men-ifesto" which dealt with the issues of men and the need of provisions from the government to address those issues. The other demands raised were gender neutral laws, rehabilitation of men who were acquitted, speedy trials of the accused languishing in custody, and equal rights in child custody. The National Coalition for Men met with political parties across India to urge them to include men's rights in their manifestos.<ref name="now a menifesto">{{cite news|title=Now, a 'men-ifesto' for male rights|url=http://www.business-standard.com/article/news-ians/now-a-men-ifesto-for-male-rights-114011100678_1.html|accessdate=8 April 2014|date=11 January 2014}}</ref> Amit Gupta said that they may start their own political party if their demands are ignored.<ref name="float party">{{cite news|title=Men's rights organisation set to float a political party|url=http://www.dnaindia.com/india/report-men-s-rights-organisation-set-to-float-a-political-party-1958987|accessdate=8 April 2014|newspaper=]|date=2 February 2014}}</ref> | During the pre-election campaign period for the ], on 11 January 2014, National Coalition for Men in ] present their demand of the formation of a men's ministry and a men's rights panel to all political parties in India. They also released their own manifesto called ''"Men-ifesto"'' which dealt with the issues of men and the need of provisions from the government to address those issues. The other demands raised were gender neutral laws, rehabilitation of men who were acquitted, speedy trials of the accused languishing in custody, and equal rights in child custody. The National Coalition for Men met with political parties across India to urge them to include men's rights in their manifestos.<ref name="now a menifesto">{{cite news|title=Now, a 'men-ifesto' for male rights|url=http://www.business-standard.com/article/news-ians/now-a-men-ifesto-for-male-rights-114011100678_1.html|accessdate=8 April 2014|date=11 January 2014}}</ref> Amit Gupta said that they may start their own political party if their demands are ignored.<ref name="float party">{{cite news|title=Men's rights organisation set to float a political party|url=http://www.dnaindia.com/india/report-men-s-rights-organisation-set-to-float-a-political-party-1958987|accessdate=8 April 2014|newspaper=]|date=2 February 2014}}</ref> On 28 March 2014, Amit Gupta urged voters across the country to exercise the "]" (NOTA) in the ]. According to him, no political party was paying heed to their demands of gender neutral laws and a Ministry of Men's Welfare.<ref name="NOTA">{{cite news|title=Men's rights group urges citizens to use NOTA|url=http://www.thehindu.com/todays-paper/tp-national/tp-otherstates/mens-rights-group-urges-citizens-to-use-nota/article5847139.ece|accessdate=8 April 2014|newspaper=]|date=29 March 2014}}</ref> | ||
On 28 March 2014, Amit Gupta urged voters across the country to exercise the "]" (NOTA) in the ]. According to him, no political party was paying heed to their demands of gender neutral laws and a Ministry of Men's Welfare.<ref name="NOTA">{{cite news|title=Men's rights group urges citizens to use NOTA|url=http://www.thehindu.com/todays-paper/tp-national/tp-otherstates/mens-rights-group-urges-citizens-to-use-nota/article5847139.ece|accessdate=8 April 2014|newspaper=]|date=29 March 2014}}</ref> | |||
In early April 2014, Save Indian Family Foundation (SIFF) sent out four queries regarding men's issues to various political leaders. Anil Kumar of SIFF said that they would decide which party to vote for in the 2014 election based on the responses. He added that a survey of SIFF members had indicated a lack of support for the ] party and the ]. The four questions that were posed are whether the party would introduce a bill to protect men against domestic violence, whether biological fathers should be given partial custody in a shared parenting arrangement in divorces, whether consensual sex with the false promise of marriage should be considered rape and if a man should be considered a rapist for breaking up with his girlfriend, and whether the party would introduce men studies courses in universities similar to other gender studies courses.<ref name=4questions>{{cite news|title=Men's rights activists put condition for their vote|url=http://timesofindia.indiatimes.com/Home/Lok-Sabha-Elections-2014/News/Mens-rights-activists-put-condition-for-their-vote/articleshow/33194416.cms|accessdate=21 April 2014|newspaper=]|date=4 April 2014}}</ref> | In early April 2014, Save Indian Family Foundation (SIFF) sent out four queries regarding men's issues to various political leaders. Anil Kumar of SIFF said that they would decide which party to vote for in the 2014 election based on the responses. He added that a survey of SIFF members had indicated a lack of support for the ] party and the ]. The four questions that were posed are whether the party would introduce a bill to protect men against domestic violence, whether biological fathers should be given partial custody in a shared parenting arrangement in divorces, whether consensual sex with the false promise of marriage should be considered rape and if a man should be considered a rapist for breaking up with his girlfriend, and whether the party would introduce men studies courses in universities similar to other gender studies courses.<ref name=4questions>{{cite news|title=Men's rights activists put condition for their vote|url=http://timesofindia.indiatimes.com/Home/Lok-Sabha-Elections-2014/News/Mens-rights-activists-put-condition-for-their-vote/articleshow/33194416.cms|accessdate=21 April 2014|newspaper=]|date=4 April 2014}}</ref> | ||
On 16 April 2014, men's right groups asked supporters to vote for ] or use "None of the above" (NOTA). Amit Lakhani, an activist of Save Family Foundation based in New Delhi, expressed support for Samajwadi Party by saying that only that political party had included men's issues in their manifesto.<ref name=Samajwadi>{{cite news|title=Vote for Samajwadi Party or press Nota|url=http://timesofindia.indiatimes.com/home/lok-sabha-elections-2014/news/Vote-for-Samajwadi-Party-or-press-Nota-Mulayam/articleshow/33835972.cms|accessdate=21 April 2014|newspaper=]|date=17 April 2014}}</ref> | On 16 April 2014, men's right groups asked supporters to vote for ] or use "None of the above" (NOTA). Amit Lakhani, an activist of Save Family Foundation based in New Delhi, expressed support for Samajwadi Party by saying that only that political party had included men's issues in their manifesto.<ref name=Samajwadi>{{cite news|title=Vote for Samajwadi Party or press Nota|url=http://timesofindia.indiatimes.com/home/lok-sabha-elections-2014/news/Vote-for-Samajwadi-Party-or-press-Nota-Mulayam/articleshow/33835972.cms|accessdate=21 April 2014|newspaper=]|date=17 April 2014}}</ref> | ||
===2015–present=== | |||
In December 2015, the ]-based Vaastav Foundation released a calendar called a "Malendar" marking male-oriented days such as ] and ]. Amit Deshpande, the founder of Vaastav Foundation said that they were trying to raise awareness towards these days through positive images of men.<ref name=Malendar>{{cite news|title=Mumbai NGO Brings Out Men's Right Calendar 'Malendar'|url=http://www.newindianexpress.com/nation/Mumbai-NGO-Brings-Out-Mens-Right-Calendar-Malendar/2015/12/15/article3179018.ece|archive-url=https://web.archive.org/web/20160202112451/http://www.newindianexpress.com/nation/Mumbai-NGO-Brings-Out-Mens-Right-Calendar-Malendar/2015/12/15/article3179018.ece|url-status=dead|archive-date=2 February 2016|accessdate=26 January 2016|work=]|date=15 December 2015}}</ref> | |||
==== Mumbai Marathon ==== | |||
During the 2016 ], about 150 men from Vaastav Foundation participated dressed as ]s. Deshpande commented, "A man is forced to be an ATM for his family and if he fails to protect his wife or provide for her, he is immediately accused of mistreating her." One of the placards visible during the event read "Until men learn to express their pain, every story will always portray women as victims." The participation with men dressed as ATM, the first of its kind, received coverage by the media worldwide.<ref name="NovelWay">{{cite news|title='Husband is not an ATM': Men find novel way to demand their rights|url=http://www.firstpost.com/living/husband-is-not-an-atm-men-find-novel-way-to-demand-their-rights-2594840.html|accessdate=26 January 2016|work=]|date=22 January 2016}}</ref> | |||
Vaastav's participation in the 2017 Mumbai Marathon was grander with participation in larger numbers and with a big prop of a ] which they referred to it as the 'snake of ] that gobbles up innocent men.' The larger-than-life snake had details about misused gender-discriminative criminal laws (namely anti-dowry laws, molestation, rape, section 377 of IPC and maintenance & alimony laws) on one side and the text of most concerning social & criminal issues faced by boys & men (viz. ], boy's education, male suicides, domestic violence on men, male rape and patriarchal burdens of being default protectors & providers) on the other side. Now a new organization "Avijan Welfare And Charitable Trust" is working on men's rights in Kolkata. A magazine "Purush Kotha" is released on men's rights and problems faced by men. | |||
While displaying banners with the text "Patriarchy Enslaves Men" and shouting slogans that meant "Would you marry? Would you go to prison?" the activists equated marriage with entrapment. Their participation was widely covered by regional & national print & electronic media. | |||
In 2016, a ] called 'Martyrs of Marriage' was released by Mumbai-based filmmaker and activist ]. The film, which features real-life stories of men suffering from abuse due to anti-dowry laws, including those that have committed suicide.<ref>{{Cite web|title=I am Deepika Bhardwaj and here is why I chose to fight for men|url=https://www.thenewsminute.com/article/i-am-deepika-bhardwaj-and-here-why-i-chose-fight-men-42462|access-date=2020-06-27|website=www.thenewsminute.com|date=13 November 2014 }}</ref><ref>{{Cite news|title=Filmmaker Deepika Narayan Bhardwaj: #MenToo is as important as #MeToo - Times of India|url=https://timesofindia.indiatimes.com/entertainment/hindi/bollywood/news/documentary-filmmaker-deepika-narayan-bhardwaj-mentoo-is-as-important-as-metoo/articleshow/69293511.cms|access-date=2020-06-27|website=The Times of India|date=22 May 2019 |language=en}}</ref> | |||
==Issues== | ==Issues== | ||
===Anti-dowry laws=== | ===Anti-dowry laws=== | ||
{{ |
{{See also|Dowry system in India}} | ||
The men's rights activists claim that the anti-dowry laws are being frequently misused to harass and extort husbands.<ref name=IssueDivided>{{cite news|title=Dowry wars: The big issue that has India divided|url=http://www.independent.co.uk/news/world/asia/dowry-wars-the-big-issue-that-has-india-divided-2229498.html|accessdate=26 July 2015|work=]|date=2 March 2011}}</ref><ref name=GuardIndiaMRA>{{cite news|title=Dowry law making us the victims, says India's men's movement|url=http://www.theguardian.com/world/2007/dec/13/india.randeepramesh1|accessdate=26 July 2015|work=]|date=13 December 2007}}</ref> The high rate of suicide among married men in India is also attributed to harassment under these laws by the activists.<ref name=highlightrise>{{cite news|title=Activists highlight rise in suicides among married men|url=http://www.thehindu.com/news/national/karnataka/activists-highlight-rise-in-suicides-among-married-men/article6056181.ece|date=28 May 2014|accessdate=29 May 2014|newspaper=The Hindu}}</ref> The practice of giving dowry was first criminalised in 1961 under the ] and later the ] of the ] was introduced in 1983.<ref name=IssueDivided/> The Section 498A of the Indian Penal Code which deals with cruelty to a wife states that: | |||
==== The Laws ==== | |||
The men's rights activists claims that the anti-dowry laws are being frequently misused to harass and extort husbands.<ref name="newmalestudies.com"/><ref name=IssueDivided>{{cite news|title=Dowry wars: The big issue that has India divided|url=https://www.independent.co.uk/news/world/asia/dowry-wars-the-big-issue-that-has-india-divided-2229498.html |archive-url=https://ghostarchive.org/archive/20220512/https://www.independent.co.uk/news/world/asia/dowry-wars-the-big-issue-that-has-india-divided-2229498.html |archive-date=12 May 2022 |url-access=subscription |url-status=live|accessdate=26 July 2015|work=]|date=2 March 2011}}</ref><ref name=GuardIndiaMRA>{{cite news|title=Dowry law making us the victims, says India's men's movement|url=https://www.theguardian.com/world/2007/dec/13/india.randeepramesh1|accessdate=26 July 2015|work=]|date=13 December 2007}}</ref> The high rate of suicide among married men in India is also attributed to harassment under these laws by the activists.<ref name=highlightrise>{{cite news|title=Activists highlight rise in suicides among married men|url=http://www.thehindu.com/news/national/karnataka/activists-highlight-rise-in-suicides-among-married-men/article6056181.ece|date=28 May 2014|accessdate=29 May 2014|newspaper=The Hindu}}</ref> The practice of giving dowry was first criminalised in 1961 under the ] and later the ] of the ] was introduced in 1983.<ref name=IssueDivided/> The Section 498A of the Indian Penal Code which deals with cruelty to a wife states that: | |||
{{ |
{{blockquote|text=Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.<br /> | ||
For the purposes of this section, "cruelty" means: | For the purposes of this section, "cruelty" means: | ||
<br/> | <br /> | ||
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or | (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or | ||
<br/> | <br /> | ||
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.<ref name=IPC498>{{cite act|title=Section 497 of Indian Penal Code|date=1860|url=http://districtcourtallahabad.up.nic.in/articles/IPC.pdf}}</ref> }} | (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.<ref name=IPC498>{{cite act|title=Section 497 of Indian Penal Code |date=1860 |url=http://districtcourtallahabad.up.nic.in/articles/IPC.pdf |url-status=dead |archiveurl=https://web.archive.org/web/20140211040454/http://districtcourtallahabad.up.nic.in/articles/IPC.pdf |archivedate=11 February 2014 }}</ref> }} | ||
The Section 113b of the Indian Evidence Act, 1879 says that if a married woman committed suicide within seven years of marriage, it must be assumed by the court that her husband and his family abetted the suicide, especially if there was evidence of prior dowry demands.<ref name="Gaur2002">{{cite book|author=Krishna Deo Gaur|title=Criminal Law and Criminology|url= |
The Section 113b of the Indian Evidence Act, 1879 says that if a married woman committed suicide within seven years of marriage, it must be assumed by the court that her husband and his family abetted the suicide, especially if there was evidence of prior dowry demands.<ref name="Gaur2002">{{cite book|author=Krishna Deo Gaur|title=Criminal Law and Criminology|url=https://books.google.com/books?id=LL4dMTWMpC4C&pg=PA617|accessdate=27 July 2015|year=2002|publisher=Deep & Deep Publications|isbn=978-81-7629-410-2|page=617}}</ref><ref name="Crandall2012">{{cite book|author=Barbara Crandall|title=Gender and Religion, 2nd Edition: The Dark Side of Scripture|url=https://books.google.com/books?id=Zq7UAwAAQBAJ&pg=PA37|accessdate=27 July 2015|date=16 February 2012|publisher=A&C Black|isbn=978-1-4411-4871-1|page=37}}</ref><ref name="Goonesekere2004">{{cite book|author=Savitri Goonesekere|title=Violence, Law and Women's Rights in South Asia|url=https://books.google.com/books?id=5pKHAwAAQBAJ&pg=PA137|accessdate=27 July 2015|date=6 May 2004|publisher=SAGE Publications|isbn=978-81-321-0387-5|page=137}}</ref> | ||
Until July 2014, the Section 498a of the Indian Penal Code allowed the police to arrest the persons mentioned in the complaint without a warrant or without any investigation.<ref name="forces review">{{cite news|title=Misuse forces a review of dowry law|url=http://www.hindustantimes.com/india-news/newdelhi/misuse-forces-a-review-of-dowry-law/article1-667632.aspx|accessdate=6 April 2014|newspaper=]|date=28 February 2011}}</ref> The crime was non-bailable, so chances of getting a bail are low and husbands usually lost their jobs while in custody.<ref name="panel amend"/> On 2 July 2014, the ] in an order stopped automatic arrests under the Section 498a. The Court directed the police to use the Section 41 of the ], which contains a checklist, to decide whether an arrest is necessary. The Court also stated that in all arrests the magistrate must examine whether further detention was necessary.<ref name=noarrest_SC/> There is also no provision of withdrawing a complaint in case of a reconciliation. However, an amendment to rectify this has been proposed.<ref name= |
Until July 2014, the Section 498a of the Indian Penal Code allowed the police to arrest the persons mentioned in the complaint without a warrant or without any investigation.<ref name="forces review">{{cite news|title=Misuse forces a review of dowry law|url=http://www.hindustantimes.com/india-news/newdelhi/misuse-forces-a-review-of-dowry-law/article1-667632.aspx|accessdate=6 April 2014|newspaper=]|date=28 February 2011|url-status=dead|archive-url=https://web.archive.org/web/20140407101957/http://www.hindustantimes.com/india-news/newdelhi/misuse-forces-a-review-of-dowry-law/article1-667632.aspx|archive-date=7 April 2014|df=dmy-all}}</ref> The crime was non-bailable, so chances of getting a bail are low and husbands usually lost their jobs while in custody.<ref name="panel amend"/> On 2 July 2014, the ] in an order stopped automatic arrests under the Section 498a. The Court directed the police to use the Section 41 of the ], which contains a checklist, to decide whether an arrest is necessary. The Court also stated that in all arrests the magistrate must examine whether further detention was necessary.<ref name=noarrest_SC/> There is also no provision of withdrawing a complaint in case of a reconciliation. However, an amendment to rectify this has been proposed.<ref name="panel amend"/><ref name=AmendedRoom/> | ||
Of all arrests made the ], 6% are made under the Section 498a. Of all crimes reported under the Indian Penal Code, 4.5% are filed under Section 498a, which is the highest barring theft and hurt.<ref name=noarrest_SC/> |
Of all arrests made the ], 6% are made under the Section 498a. Of all crimes reported under the Indian Penal Code, 4.5% are filed under Section 498a, which is the highest barring theft and hurt.<ref name=noarrest_SC/><ref name=AmendedRoom>{{cite news|title=Anti-dowry law to be amended, will allow room for compromise|url=http://timesofindia.indiatimes.com/india/Anti-dowry-law-to-be-amended-will-allow-room-for-compromise/articleshow/47276715.cms|accessdate=14 May 2015|work=]|date=14 May 2015}}</ref> Of the cases that go to trial, only 15% result in conviction. In July 2014, 3,72,706 cases under Section 498a were pending in Indian courts.<ref name=ArneshVsBihar>{{cite court |litigants=Arnesh Kumar v. State of Bihar |court=Supreme Court of India |date=2014|url=http://judis.nic.in/supremecourt/imgs1.aspx?filename=41736 |quote=As many as 3,72,706 pending trial of which on current estimate, nearly 3,17,000 are likely to result in acquittal.}}</ref> | ||
==== Criticism of the laws ==== | |||
According to SIFF, these laws don't follow conventional legal premises where a person is innocent until proven guilty. It has also pointed out that several of those who are arrested under this law are women themselves, i.e., female relatives of husbands.<ref name=pro-women>{{cite news|title=Pro-women laws being misused|url=http://timesofindia.indiatimes.com/india/Pro-women-laws-being-misused/articleshow/3165918.cms|accessdate=6 April 2014|newspaper=]|date=26 June 2008}}</ref> Former justice of ] Shiv Narayan Dhingra has admitted that this law is being used by women to harass their husbands and in-laws. He has opined that parents should not go through with a marriage, if dowry is being demanded of them.<ref name="settle personal scores">{{cite news|title=Inside the new 'legal terrorism': How laws are being abused to settle personal scores|url=http://www.dailymail.co.uk/indiahome/indianews/article-2516150/Inside-new-legal-terrorism-How-laws-abused-settle-personal-scores.html|accessdate=22 April 2014|newspaper=]|date=30 November 2013}}</ref> Swarup Sarkar, a spokesperson of SIFF, has said that men with low incomes are rarely targeted and most victims of misuse are well-off.<ref name=malevolence>{{cite news|title=Now, Is That Malevolence?|url=http://www.outlookindia.com/article.aspx?236168|accessdate=8 April 2014|newspaper=]|date=3 December 2007}}</ref> He has claimed that these laws assume that women are always truthful, and don't place much importance on evidence.<ref name="ramesh"/> He has termed misuse of these laws, ].<ref name=terrorist>{{cite news|title=Malevolence for women's law: Men go to PM against female ‘terrorist activity’|url=http://www.telegraphindia.com/1061027/asp/frontpage/story_6923154.asp|accessdate=8 April 2014|newspaper=]|date=27 October 2006}}</ref> | |||
According to SIFF, these laws don't follow conventional legal premises where a person is innocent until proven guilty. It has also pointed out that several of those who are arrested under this law are women themselves, i.e., female relatives of husbands.<ref name="pro-women">{{cite news|title=Pro-women laws being misused|url=http://timesofindia.indiatimes.com/india/Pro-women-laws-being-misused/articleshow/3165918.cms|accessdate=6 April 2014|newspaper=]|date=26 June 2008}}</ref> ], a spokesperson of SIFF, has said that men with low incomes are rarely targeted and most victims of misuse are well-off.<ref name="malevolence">{{cite news|title=Now, Is That Malevolence?|url=http://www.outlookindia.com/article.aspx?236168|accessdate=8 April 2014|newspaper=]|date=3 December 2007}}</ref> He has claimed that these laws assume that women are always truthful, and don't place much importance on evidence.<ref name="ramesh">{{cite news|last=Ramesh|first=Randeep|date=13 December 2007|title=Dowry law making us the victims, says India's men's movement|newspaper=]|location=London|url=https://www.theguardian.com/world/2007/dec/13/india.randeepramesh1|accessdate=4 April 2014}}</ref> An Indian court has termed misuse of these laws, ].<ref name="terrorist">{{cite news|title=Malevolence for women's law: Men go to PM against female 'terrorist activity'|url=http://www.telegraphindia.com/1061027/asp/frontpage/story_6923154.asp|archive-url=https://web.archive.org/web/20061110090352/http://www.telegraphindia.com/1061027/asp/frontpage/story_6923154.asp|url-status=dead|archive-date=10 November 2006|accessdate=8 April 2014|newspaper=]|date=27 October 2006}}</ref><ref name=":1">{{Cite web|date=3 March 2011 |first=Smriti|last=Singh|title=Misuse of dowry provisions is legal terrorism: Court {{!}} Delhi News - Times of India|url=https://timesofindia.indiatimes.com/city/delhi/Misuse-of-dowry-provisions-is-legal-terrorism-Court/articleshow/7615680.cms|access-date=2020-07-18|website=The Times of India|language=en}}</ref> | |||
Almost |
Almost a quarter of people arrested under Section 498a are women, mostly mothers and sisters of the accused husband. In 2012, 47,951 women were arrested under this law.<ref name=noarrest_SC/> According to Ram Prakash Chugh, a large majority of the women in ] are there due to dowry charges. He has claimed that sometimes mothers of the bride bring dowry charges on their in-laws when the bride fails to adjust to her in-laws. Organisations like All India Mother-in-Law Protection Forum (AIMPF) and Mothers And Sisters of Husbands Against Abuse of Law (MASHAAL) have been formed to represent such women.<ref name=AIMPF>{{cite news|title=Protection forum for mothers-in-law launches its city chapter|url=http://archive.indianexpress.com/news/protection-forum-for-mothersinlaw-launches-its-city-chapter/678271/|accessdate=28 June 2014|work=]|date=6 September 2010}}</ref><ref name=mashaal>{{cite news|title=When bad bahu 'harasses' saas|url=http://timesofindia.indiatimes.com/city/mumbai/When-bad-bahu-harasses-saas/articleshow/5655919.cms|accessdate=28 June 2014|work=]|date=8 March 2008}}</ref> Some ] (NRI) groups have also demanded amendments to the anti-dowry law. Anindya Chatterjee, a California-based IT worker who runs an online support group, was accused under the law. He has said that sometimes while visiting India, men are accused under the law and get arrested by police without verifying if the case is genuine and their passports are seized. The cases often take a year to clear up, as a result the men lose their jobs abroad due to frequent travels to attend the court or being unable to leave India.<ref name="NRIsShun">{{cite news|title=Marital woes: Many NRIs shun India|url=http://www.thehansindia.com/posts/index/2015-01-24/Marital-woes-Many-NRIs-shun-India-127578|accessdate=16 February 2015|work=]|date=24 January 2015}}</ref> Canada<ref name="CanadaTravel">{{cite web|url=http://travel.gc.ca/destinations/india|publisher=] (Canada)|accessdate=16 February 2015|title=India: Laws & culture|date=16 November 2012 |quote=A number of Canadians have been involved in marital fraud and dowry abuse in India. Some cases involve misuse of India's Dowry Prohibition Act. This law, which was enacted to protect women by making dowry demands a crime, is sometimes used to blackmail men through false allegations of dowry extortion. Individuals facing charges may be forced to remain in India until their cases have been settled or to compensate their spouses in exchange for the dismissal of charges. To avoid such problems, register your marriage in India along with a joint declaration of gifts exchanged, and consider a prenuptial agreement as well.}}</ref> and United States<ref name="USWarningIndia">{{cite web|title=India: Special Circumstances|url=https://travel.state.gov/travel/cis_pa_tw/cis/cis_1139.html|publisher=] (US)|accessdate=16 February 2015|archive-url=https://web.archive.org/web/20051003211904/http://travel.state.gov/travel/cis_pa_tw/cis/cis_1139.html|archive-date=3 October 2005|quote=A number of U.S.-citizen men who have come to India to marry Indian nationals have been arrested and charged with crimes related to dowry extraction. Many of the charges stem from the U.S. citizen's inability to provide an immigrant visa for his prospective spouse to travel immediately to the United States. The courts sometimes order the U.S. citizen to pay large sums of money to his spouse in exchange for the dismissal of charges. The courts normally confiscate the American's passport, and he must remain in India until the case has been settled.}}</ref> have issued ] warning of India's anti-dowry law misuses in the past.<ref name="NRIsShun" /> | ||
Jyotsna Chatterjee, member of the Joint Women's Programme which was involved in drafting the Domestic Violence Act 2005, has responded to these criticism of the anti-dowry law, by stating that compared to the men who have faced the misuse of the anti-dowry law, many more women have suffered from dowry demands. She has said that there has been no change in the way society sees women and they are still treated as second-class citizens.<ref name="terrorist"/> ] has also rejected the view that anti-dowry law and domestic violence laws are being misused.<ref name=QAJaising>{{cite news|title=Q&A: Indira Jaising, Additional Solicitor General|url=http://www.business-standard.com/article/opinion/q-a-indira-jaising-additional-solicitor-general-110103100010_1.html|accessdate=8 January 2015|work=]|date=31 October 2010}}</ref> She has also claimed that the high acquittal under dowry cases occurs because prosecutions are conducted improperly and people are encouraged to settle out of court.<ref name=WithoutSympathy>{{cite news|author1=Indira Jaising|title=Without sympathy or suspicion|url=http://indianexpress.com/article/opinion/columns/without-sympathy-or-suspicion/99/|accessdate=8 January 2015|work=]|date=18 July 2014}}</ref> Indrani Sinha of ] has said that the anti-dowry cannot be easily misused. She said that if the husband and his family are innocent then they should go to the police before the wife and file a complaint.<ref name=TorturedMen>{{cite news|title=Suicide to save tortured men|url=http://www.telegraphindia.com/1100724/jsp/calcutta/story_12718648.jsp|archive-url=https://web.archive.org/web/20100726080354/http://www.telegraphindia.com/1100724/jsp/calcutta/story_12718648.jsp|url-status=dead|archive-date=26 July 2010|accessdate=6 April 2015|work=]|date=24 July 2010}}</ref> | |||
Some ] (NRI) groups have also demanded amendments to the anti-dowry law. Anindya Chatterjee, a California-based IT worker who runs an online support group, was accused under the law. He has said that sometimes while visiting India, men are accused under the law and get arrested by police without verifying if the case is genuine and their passports are seized. The cases often take a year to clear up, as a result the men lose their jobs abroad due to frequent travels to attend the court or being unable to leave India.<ref name=NRIsShun>{{cite news|title=Marital woes: Many NRIs shun India|url=http://www.thehansindia.com/posts/index/2015-01-24/Marital-woes-Many-NRIs-shun-India-127578|accessdate=16 February 2015|work=]|date=24 January 2015}}</ref> Canada<ref name=CanadaTravel>{{cite web|url=http://travel.gc.ca/destinations/india|publisher=] (Canada)|accessdate=16 February 2015|title=India: Laws & culture|quote=A number of Canadians have been involved in marital fraud and dowry abuse in India. Some cases involve misuse of India's Dowry Prohibition Act. This law, which was enacted to protect women by making dowry demands a crime, is sometimes used to blackmail men through false allegations of dowry extortion. Individuals facing charges may be forced to remain in India until their cases have been settled or to compensate their spouses in exchange for the dismissal of charges. To avoid such problems, register your marriage in India along with a joint declaration of gifts exchanged, and consider a prenuptial agreement as well.}}</ref> and United States<ref name=USWarningIndia>{{cite web|title=India: Special Circumstances|url=http://travel.state.gov/travel/cis_pa_tw/cis/cis_1139.html|publisher=] (US)|accessdate=16 February 2015|archiveurl=https://web.archive.org/web/20051003211904/http://travel.state.gov/travel/cis_pa_tw/cis/cis_1139.html|archivedate=3 October 2005|quote=A number of U.S.-citizen men who have come to India to marry Indian nationals have been arrested and charged with crimes related to dowry extraction. Many of the charges stem from the U.S. citizen's inability to provide an immigrant visa for his prospective spouse to travel immediately to the United States. The courts sometimes order the U.S. citizen to pay large sums of money to his spouse in exchange for the dismissal of charges. The courts normally confiscate the American's passport, and he must remain in India until the case has been settled.}}</ref> have issued ] warning of India's anti-dowry law misuses in the past.<ref name=NRIsShun/> | |||
Jyotsna Chatterjee, member of the Joint Women's Programme which was involved in drafting the Domestic Violence Act 2005, has responded to these criticism of the anti-dowry law, by stating that compared to the men who have faced the misuse of the anti-dowry law, many more women have suffered from dowry demands. She has said that there has been no change in the way society sees women and they are still treated as second-class citizens.<ref name="terrorist"/> ] has also rejected the view that anti-dowry law and domestic violence laws are being misused.<ref name=QAJaising>{{cite news|title=Q&A: Indira Jaising, Additional Solicitor General|url=http://www.business-standard.com/article/opinion/q-a-indira-jaising-additional-solicitor-general-110103100010_1.html|accessdate=8 January 2015|work=]|date=31 October 2010}}</ref> She has also claimed that the high acquittal under dowry cases occurs because prosecutions are conducted improperly and people are encouraged to settle out of court.<ref name=WithoutSympathy>{{cite news|author1=Indira Jaising|title=Without sympathy or suspicion|url=http://indianexpress.com/article/opinion/columns/without-sympathy-or-suspicion/99/|accessdate=8 January 2015|work=]|date=18 July 2014}}</ref> Indrani Sinha of ] has said that the anti-dowry cannot be easily misused. She said that if the husband and his family are innocent then they should go to the police before the wife and file a complaint.<ref name=TorturedMen>{{cite news|title=Suicide to save tortured men|url=http://www.telegraphindia.com/1100724/jsp/calcutta/story_12718648.jsp|accessdate=6 April 2015|work=]|date=24 July 2010}}</ref> | |||
====Notable verdicts and legal panel reports==== | ====Notable verdicts and legal panel reports==== | ||
In November 2003, the Committee on Reforms in the Criminal Justice System (CRCJS), headed by ], recommended that Section 498a be made bailable and compoundable.<ref name="panel amend">{{cite news|title=Dowry cases: panel for amending IPC section|url=http://www.hindu.com/2003/11/17/stories/2003111703400500.htm|accessdate=6 April 2014|newspaper=]|date=17 November 2003}}</ref><ref name="RaoCorreya2011">{{cite book|author1=Anita Rao|author2=Svetlana Sandra Correya|title=Leading Cases on Dowry|url=http://books.google.com/books?id=DS5OyWb0SogC&pg=PA295|accessdate=6 April 2015|year=2011|publisher=Socio Legal Information Cent|isbn=978-81-89479-73-2|page=295}}</ref> | |||
In July 2005, the ] admitted that in many instances complaints under the Section 498a of the Indian Penal Code are not bona fide and have oblique motives. The court added that acquittal in such cases doesn't erase the suffering the defendant has to go through, which is compounded by adverse media coverage. The court also directed the legislature to find ways to check such false cases.<ref name="shield not weapon">{{cite news|title=Dowry law is a shield, not an assassin's weapon: court|url=http://www.hindu.com/2005/07/22/stories/2005072202631500.htm|accessdate=6 April 2014|newspaper=]|date=22 June 2005}}</ref> | |||
In August 2010, the ] directed the government to amend Section 498a of the Indian Penal Code in view of the rising numbers of false or exaggerated complaints against husbands and their relatives by women. It further added that such complaints result in the husband and his relatives remaining in custody until trial or bail, which kills all chances of an amicable settlement.<ref name="amend dowry">{{cite news|title=Amend dowry law to stop its misuse, SC tells govt|url=http://timesofindia.indiatimes.com/india/Amend-dowry-law-to-stop-its-misuse-SC-tells-govt/articleshow/6321987.cms?referral=PM|accessdate=6 April 2014|date=17 August 2010}}</ref> | |||
* In November 2003, the Committee on Reforms in the Criminal Justice System (CRCJS), headed by ], recommended that Section 498a be made bailable and compoundable.<ref name="panel amend">{{cite news|title=Dowry cases: panel for amending IPC section|url=http://www.hindu.com/2003/11/17/stories/2003111703400500.htm|archive-url=https://web.archive.org/web/20040620014232/http://www.hindu.com/2003/11/17/stories/2003111703400500.htm|url-status=dead|archive-date=20 June 2004|accessdate=6 April 2014|newspaper=]|date=17 November 2003}}</ref><ref name="RaoCorreya2011">{{cite book|author1=Anita Rao|author2=Svetlana Sandra Correya|title=Leading Cases on Dowry|url=https://books.google.com/books?id=DS5OyWb0SogC&pg=PA295|accessdate=6 April 2015|year=2011|publisher=Socio Legal Information Cent|isbn=978-81-89479-73-2|page=295}}</ref> | |||
In January 2012, the ] recommended that Section 498a should be made a compoundable offense. But, the court will decide if the particular case is compoundable or not.<ref name="toned down">{{cite news|title=Law Commission wants dowry law toned down|url=http://timesofindia.indiatimes.com/india/Law-Commission-wants-dowry-law-toned-down/articleshow/11572411.cms|accessdate=6 April 2014|newspaper=]|date=21 January 2012}}</ref> | |||
* In July 2005, the ] admitted that in many instances complaints under the Section 498a of the Indian Penal Code are not bona fide and have oblique motives. The court added that acquittal in such cases doesn't erase the suffering the defendant has to go through, which is compounded by adverse media coverage. The court also directed the legislature to find ways to check such false cases.<ref name="shield not weapon">{{cite news|title=Dowry law is a shield, not an assassin's weapon: court|url=http://www.hindu.com/2005/07/22/stories/2005072202631500.htm|archive-url=https://web.archive.org/web/20060217041809/http://www.hindu.com/2005/07/22/stories/2005072202631500.htm|url-status=dead|archive-date=17 February 2006|accessdate=6 April 2014|newspaper=]|date=22 June 2005}}</ref> | |||
* In August 2010, the ] directed the government to amend Section 498a of the Indian Penal Code in view of the rising numbers of false or exaggerated complaints against husbands and their relatives by women. It further added that such complaints result in the husband and his relatives remaining in custody until trial or bail, which kills all chances of an amicable settlement.<ref name="amend dowry">{{cite news|title=Amend dowry law to stop its misuse, SC tells govt|url=http://timesofindia.indiatimes.com/india/Amend-dowry-law-to-stop-its-misuse-SC-tells-govt/articleshow/6321987.cms?referral=PM|accessdate=6 April 2014|date=17 August 2010}}</ref> | |||
* In January 2012, the ] recommended that Section 498a should be made a compoundable offense. But, the court will decide if the particular case is compoundable or not.<ref name="toned down">{{cite news|title=Law Commission wants dowry law toned down|url=http://timesofindia.indiatimes.com/india/Law-Commission-wants-dowry-law-toned-down/articleshow/11572411.cms|accessdate=6 April 2014|newspaper=]|date=21 January 2012}}</ref> | |||
On 2 July 2014, the Supreme Court said that this law is being used by some women to harass their husband and in-laws. |
On 2 July 2014, the Supreme Court said that this law is being used by some women to harass their husband and in-laws. Through ] the court prohibited the police from making arrests on the mere basis of a complaint. The court asked the police to follow Section 41 of the ], which provides a 9-point checklist which must be used to decide the need for an arrest. The court also said that a magistrate must decide whether an arrested accused is needed to be kept under further detention.<ref name=noarrest_SC>{{cite news|title=No arrests under anti-dowry law without magistrate's nod: SC|url=http://timesofindia.indiatimes.com/india/No-arrests-under-anti-dowry-law-without-magistrates-nod-SC/articleshow/37661519.cms|accessdate=23 July 2014|work=]|date=3 July 2013}}</ref><ref name="arnesh vs bihar"/> The decision was in response to a Special Leave Petition (SPL) filed by one Arnesh Kumar challenging his arrest and of his family under this law.<ref name="arnesh vs bihar">{{cite court |litigants=Arnesh Kumar v. State of Bihar |vol= |reporter= |opinion= |pinpoint= |court= ]|date=2014 |url=http://judis.nic.in/supremecourt/imgs1.aspx?filename=41736 |accessdate=21 July 2014 |quote=}}</ref><ref name=no_auto>{{cite news|title=No automatic arrests in dowry cases, says SC|url=http://www.thehindu.com/news/national/no-automatic-arrests-in-dowry-cases-says-sc/article6171561.ece|accessdate=23 July 2014|work=]|date=3 July 2014}}</ref> The decision was welcomed by men's right activists but was criticised by women rights activists.<ref name=why_single_out>{{cite news|author1=Pallavi Polanki|title=Activists on SC ruling: Why single out dowry harassment law as case of misuse?|url=http://www.firstpost.com/india/activists-sc-ruling-single-dowry-harassment-law-case-misuse-1601823.html|accessdate=23 July 2014|work=]|date=4 July 2014}}</ref> However, due to lack of communication to police stations, the guidelines of Supreme Court of India are still not being followed.<ref>{{cite news|title=False complaints to be punished|url=http://epaper.navodayatimes.in/c/3889772|accessdate=26 November 2014|publisher=Navodaya Times|date=23 November 2014}}</ref> | ||
Ranjana Kumari of the ] has |
Ranjana Kumari of the ] has criticised the Supreme Court's judgement which said that anti-dowry laws are being misused and stopped arrests based on FIRs.<ref name=SCdirectiveNotHappy>{{cite news|title=Women's organisations not happy with the Supreme Court directive on anti-dowry law|url=http://www.dnaindia.com/india/report-women-s-organisations-not-happy-with-the-supreme-court-directive-on-anti-dowry-law-1999398|accessdate=8 January 2015|work=]|date=4 July 2014}}</ref> She said that if laws are being misused then the law enforcement should be held responsible.<ref name=WSJdowrySC>{{cite news|title=Women Misusing India's Anti-Dowry Law, Says Supreme Court|url=https://blogs.wsj.com/indiarealtime/2014/07/03/women-misusing-indias-anti-dowry-law-says-supreme-court/|accessdate=8 January 2015|work=]|date=3 July 2014}}</ref> Recently. the ] has agreed to hear a ] to set up a National Commission for Men in the light of rising suicide by married men in India whose years are lost in fighting false cases.<ref>{{Cite web |last=Agencies |date=2023-06-30 |title=SC to hear PIL for setting up of Natl Commission for Men |url=https://theshillongtimes.com/2023/06/30/sc-to-hear-pil-for-setting-up-of-natl-commission-for-men/ |access-date=2023-06-30 |website=The Shillong Times |language=en-US}}</ref> | ||
====Proposed amendments==== | ====Proposed amendments==== | ||
In 2014, the ] |
In 2014, the ] proposed some changes to the law which included widening the definition of the term ''dowry'' and increasing the penalty for false cases. But, the suggestions were rejected by the ]. The Minister for Women, ], told the ] in December, "The NCW had recommended certain amendments in Dowry Prohibition Act. However, the ministry has taken a considered view on the matter and decided to drop the amendment proposed by NCW in the present form after taking into account the comments of the high level committee on the status of women and the ministry of home affairs." Ranjana Kumari of ] welcomed this decision to not dilute the law.<ref name=DropsPlan>{{cite news|title=Govt drops plan to amend Dowry Act|url=http://timesofindia.indiatimes.com/india/Govt-drops-plan-to-amend-Dowry-Act/articleshow/45499992.cms|accessdate=6 April 2015|work=]|date=13 December 2014}}</ref> | ||
In March 2015, it was reported that Government of India was planning to |
In March 2015, it was reported that Government of India was planning to amend Section 498A. It would be made compoundable, which would allow the parties to settle if the court recommended it. The fine for filing a false case would be increased from {{currency|1000|INR}} to {{currency|15000|INR}}.<ref name=10percentFalse>{{cite news|title=10% of dowry cases false, government plans changes in law|url=http://timesofindia.indiatimes.com/india/10-of-dowry-cases-false-government-plans-changes-in-law/articleshow/46649047.cms|accessdate=6 April 2015|work=]|date=22 March 2015}}</ref> Amit Gupta, of National Coalition for Men, has opposed making the law compoundable. He has said that it would make extortion easier. He has pointed out that after ] made it compoundable, the number of case rose by 150% and conviction rate fell by 400%.<ref name="ForumOpposes">{{cite news|title=Men's forum opposes anti-dowry law|url=http://timesofindia.indiatimes.com/city/raipur/Mens-forum-opposes-anti-dowry-law/articleshow/46793492.cms|accessdate=12 April 2015|work=]|date=3 April 2015}}</ref> ], the Minister for Women & Child Development, has also opposed any changes to the existing dowry laws.<ref name="Maneka">{{cite news|title=Maneka against dilution of anti-dowry law|url=http://timesofindia.indiatimes.com/india/Maneka-against-dilution-of-anti-dowry-law/articleshow/46657002.cms|accessdate=6 April 2015|work=]|date=23 March 2015}}</ref> Ranjana Kumari of the ] has also expressed disagreement over demands to amend the anti-dowry law, pointing out that ]s are still occurring in India.<ref name="NRIsShun" /> | ||
Amit Gupta, of National Coalition for Men, has opposed making the law compoundable. He has said that it would make extortion easier. He has pointed out after ] made it compoundable, the number of case rose by 150% and conviction rate fell by 400%.<ref name=ForumOpposes>{{cite news|title=Men's forum opposes anti-dowry law|url=http://timesofindia.indiatimes.com/city/raipur/Mens-forum-opposes-anti-dowry-law/articleshow/46793492.cms|accessdate=12 April 2015|work=]|date=3 April 2015}}</ref> | |||
], the Minister for Women & Child Development, has also opposed any changes to the existing dowry laws.<ref name=Maneka>{{cite news|title=Maneka against dilution of anti-dowry law|url=http://timesofindia.indiatimes.com/india/Maneka-against-dilution-of-anti-dowry-law/articleshow/46657002.cms|accessdate=6 April 2015|work=]|date=23 March 2015}}</ref> Ranjana Kumari of the ] has also expressed disagreement over demands to amend the anti-dowry law, pointing out that ]s are still occurring in India.<ref name=NRIsShun/> | |||
===Divorce and child custody laws=== | ===Divorce and child custody laws=== | ||
The men's rights activists in India claim that the divorce and child custody laws are biased against men.<ref name="push shared"/> They say that this allows divorced wives |
The men's rights activists in India claim that the divorce and child custody laws are biased against men.<ref name="push shared"/> They say that this allows divorced wives to stop men from seeing their children for long periods of time.<ref name=TimeWithKids>{{cite news|title=Divorce dads fight for time with kids|url=https://www.deccanchronicle.com/140622/nation-current-affairs/article/divorcee-fathers-fight-time-kids|access-date=27 July 2015|work=]|date=22 June 2014}}</ref> They have said that alimony should not be granted if the wife is the primary earner of the family and the law should see men capable of bringing up children.<ref name=2009Launched>{{cite news|title=Movement protecting men's rights launched|url=http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/movement-protecting-mens-rights-launched/article176190.ece|accessdate=27 July 2015|work=]|date=5 September 2009}}</ref> | ||
In India, child custody is granted to the father only if the mother is mentally unstable or has left home leaving behind the child.<ref name="push shared">{{cite news|title=Push for shared parenting – Activists for law to make joint custody must in broken homes|url=http://www.telegraphindia.com/1140818/jsp/nation/story_18731035.jsp|accessdate=29 August 2014|work=]|date=17 August 2014}}</ref> At present, the matter custody in case of divorce is governed by two laws: Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956. But, both laws do not have any provisions for ] or ].<ref name=opt-shared/> | In India, child custody is granted to the father only if the mother is mentally unstable or has left home leaving behind the child.<ref name="push shared">{{cite news|title=Push for shared parenting – Activists for law to make joint custody must in broken homes|url=http://www.telegraphindia.com/1140818/jsp/nation/story_18731035.jsp|archive-url=https://web.archive.org/web/20140903113903/http://www.telegraphindia.com/1140818/jsp/nation/story_18731035.jsp|url-status=dead|archive-date=3 September 2014|accessdate=29 August 2014|work=]|date=17 August 2014}}</ref> At present, the matter custody in case of divorce is governed by two laws: Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956. But, both laws do not have any provisions for ] or ].<ref name=opt-shared/> Under the Evidence Act, 1872, if a child is born within a marriage or within 280 days of dissolution of a marriage, then the child is considered ] and is entitled to ] and inheritance.<ref name="Barooah1999">{{cite book|author=Pramila Pandit Barooah|title=Handbook on Child, with Historical Background|url=https://books.google.com/books?id=7aMQM4QJ7VQC&pg=PA64|date=1 January 1999|publisher=Concept Publishing Company|isbn=978-81-7022-735-9|pages=64–}}</ref> At present, ] do not take precedence over this law. The courts may still choose to ignore the genetic evidence and ask a non-biological parent to pay for child support.<ref name="DNAPaternity">{{cite news|title=India's Doubting Fathers and Sons Embrace DNA Paternity Tests|url=http://india.blogs.nytimes.com/2013/08/16/indias-doubting-fathers-and-sons-embrace-dna-paternity-tests/|accessdate=8 December 2014|work=]|date=16 August 2013}}</ref> An organisation named Children's Rights Initiative for Shared Parenting (CRISP) has demanded better child access laws and has called the current custodial laws gender-biased.<ref name="better access">{{cite news|title=Estranged fathers demand better access to their children|url=http://www.thehindu.com/todays-paper/tp-national/tp-andhrapradesh/estranged-fathers-demand-better-access-to-their-children/article2119375.ece|accessdate=6 April 2014|newspaper=]|date=20 June 2011}}</ref> It has demanded amendments to the Guardians and Wards Act be amended to make ] mandatory.<ref name="push shared" /> | ||
Under the Evidence Act, 1872, if a child is born within a marriage or within 280 days of dissolution of a marriage, then the child is considered ] and is entitled to ] and inheritance.<ref name="Barooah1999">{{cite book|author=Pramila Pandit Barooah|title=Handbook on Child, with Historical Background|url=http://books.google.com/books?id=7aMQM4QJ7VQC&pg=PA64|date=1 January 1999|publisher=Concept Publishing Company|isbn=978-81-7022-735-9|pages=64–}}</ref> At present, ]s do not take precedence over this law. The courts may still choose to ignore the genetic evidence and ask a non-biological parent to pay for child support.<ref name=DNAPaternity>{{cite news|title=India's Doubting Fathers and Sons Embrace DNA Paternity Tests|url=http://india.blogs.nytimes.com/2013/08/16/indias-doubting-fathers-and-sons-embrace-dna-paternity-tests/|accessdate=8 December 2014|work=]|date=16 August 2013}}</ref> | |||
An organisation named Children's Rights Initiative for Shared Parenting (CRISP) has demanded better child access laws and has called the current custodial laws gender-biased.<ref name="better access">{{cite news|title=Estranged fathers demand better access to their children|url=http://www.thehindu.com/todays-paper/tp-national/tp-andhrapradesh/estranged-fathers-demand-better-access-to-their-children/article2119375.ece|accessdate=6 April 2014|newspaper=]|date=20 June 2011}}</ref> It has demanded amendments to the Guardians and Wards Act be amended to make ] mandatory.<ref name="push shared"/> | |||
Swarup Sarkar of Save Family Foundation has speculated that now two out of three Indian couples actively share parenting. Kumar Jahagirdar, president of CRISP, has noted a growth in men who are the primary caregivers in the family.<ref name="MBA in fatherhood">{{cite news|title=In search of an MBA in Fatherhood|url=http://timesofindia.indiatimes.com/life-style/relationships/parenting/In-search-of-an-MBA-in-Fatherhood/articleshow/13559756.cms|accessdate=22 April 2014|newspaper=]|date=14 September 2012}}</ref> | Swarup Sarkar of Save Family Foundation has speculated that now two out of three Indian couples actively share parenting. Kumar Jahagirdar, president of CRISP, has noted a growth in men who are the primary caregivers in the family.<ref name="MBA in fatherhood">{{cite news|title=In search of an MBA in Fatherhood|url=http://timesofindia.indiatimes.com/life-style/relationships/parenting/In-search-of-an-MBA-in-Fatherhood/articleshow/13559756.cms|accessdate=22 April 2014|newspaper=]|date=14 September 2012}}</ref> | ||
====Notable verdicts==== | ====Notable verdicts==== | ||
In April 2003, the ] granted a woman divorce on the grounds of mental cruelty. She had claimed that her husband was harassing her and accusing her of affairs. Although four or five out of ten divorce cases in India allege mental agony, Ram Prakash Chugh said that if a man brought similar charges to a court, he will be unlikely to get a favourable ruling.<ref name="nagging husband">{{cite news|title=Wife gets divorce from nagging husband|newspaper=] |
In April 2003, the ] granted a woman divorce on the grounds of mental cruelty. She had claimed that her husband was harassing her and accusing her of affairs. Although four or five out of ten divorce cases in India allege mental agony, Ram Prakash Chugh said that if a man brought similar charges to a court, he will be unlikely to get a favourable ruling.<ref name="nagging husband">{{cite news|title=Wife gets divorce from nagging husband|newspaper=]|date=30 April 2003|accessdate=6 April 2014|location=]|url=http://news.bbc.co.uk/2/hi/south_asia/2988617.stm}}</ref> | ||
In September 2008, the ] in a verdict said that a woman earning sufficient income is not entitled to maintenance from her divorced husband. The verdict came after a man challenged a family court's decision to grant {{currency|7,500|INR}} monthly alimony to his wife. The man had pointed out that his wife was earning {{currency|80,000|INR}} for month and had no other responsibilities.<ref name=noalimony>{{cite news|title='No alimony for wife earning well'|url=http://www.dnaindia.com/india/report-no-alimony-for-wife-earning-well-1192215|accessdate=1 December 2014|work=]|date=22 September 2008}}</ref> | In September 2008, the ] in a verdict said that a woman earning sufficient income is not entitled to maintenance from her divorced husband. The verdict came after a man challenged a family court's decision to grant {{currency|7,500|INR}} monthly alimony to his wife. The man had pointed out that his wife was earning {{currency|80,000|INR}} for month and had no other responsibilities.<ref name=noalimony>{{cite news|title='No alimony for wife earning well'|url=http://www.dnaindia.com/india/report-no-alimony-for-wife-earning-well-1192215|accessdate=1 December 2014|work=]|date=22 September 2008}}</ref> In September 2010, the Delhi High Court released a verdict that a man cannot be forced to pay alimony if he is unemployed. The man had challenged a lower court's order that he should pay {{currency|5,000|INR}} as alimony. The man pointed out that he was an expatiate working as a sales manager in ] and had come to India to marry. He got married in May 2007 but the marriage lasted only three weeks. Due to his wife's complaint, the police seized his passport and he was unable to return to job, which resulted in his termination. The court stated that wife was equally qualified to her husband, and was working in a ], thus she cannot claim alimony.<ref name="ForcedAlimony">{{cite news|title=Unemployed man can't be forced to pay alimony: HC|url=http://archive.indianexpress.com/news/unemployed-man-cant-be-forced-to-pay-alimony-hc/673385/0|accessdate=1 December 2014|work=]|date=27 August 2010}}</ref> | ||
In September 2010, the Delhi High Court said that a man's assets should be examined while deciding the alimony sum. The court was deciding a case where man initially asked to pay {{currency|15,000|INR}} in total as alimony per month by a lower. After an appeal from his wife, he was asked to pay {{currency|45,000|INR}} by another court which took into consideration his net assets. The man had challenged this decision by pointing out his monthly salary was {{currency|41,000|INR}}. The court reduced the alimony sum to {{currency|20,000|INR}} per month and stated that a man's parents and sibling also have a stake in his assets.<ref name="assetalimony">{{cite news|title=Man's assets not to be considered for alimony, rules High Court|url=http://www.thehindu.com/news/cities/Delhi/mans-assets-not-to-be-considered-for-alimony-rules-high-court/article613598.ece|accessdate=3 December 2014|work=]|date=4 September 2014}}</ref> In October 2010, ] passed a judgment according to which long-term live-in relationships will be considered as marriage. The female spouse then can claim ] under the ] which uses the phrase "relationship in the nature of marriage." The court was adjudicating a case where a man, who was already married, was being sue by another woman.<ref name="live-in">{{cite news|title=What makes a live-in 'legal'? Supreme Court explains|url=http://www.dnaindia.com/india/report-what-makes-a-live-in-legal-supreme-court-explains-1455884|accessdate=6 April 2014|newspaper=]|date=21 April 2010}}</ref> | |||
In September 2010, the Delhi High Court released a verdict that a man cannot be forced to pay alimony if he is unemployed. The man had challenged a lower court's order that he should pay {{currency|5,000|INR}} as alimony. The man pointed out that he was an expatiate working as a sales manager in ] and had come to India to marry. He got married in May 2007 but the marriage lasted only three weeks. Due to his wife's complaint, the police seized his passport and he was unable to return to job, which resulted in his termination. The court stated that wife was equally qualified to her husband, and was working in a ], thus she cannot claim alimony.<ref name=ForcedAlimony>{{cite news|title=Unemployed man can't be forced to pay alimony: HC|url=http://archive.indianexpress.com/news/unemployed-man-cant-be-forced-to-pay-alimony-hc/673385/0|accessdate=1 December 2014|work=]|date=27 August 2010}}</ref> | |||
In June 2012, Delhi High Court said that a woman who is educated and capable of maintaining herself, but has quit her job voluntarily is not entitle to alimony. The verdict was given in case where a woman challenged a lower court's decision to not grant her any alimony. The High Court pointed out that the woman was capable of earning {{currency|50,000|INR}} per month but was choosing to remain unemployed, and denied any alimony to her. However, the court ordered the husband to pay {{currency|10,000|INR}} towards child support.<ref name="Wiffully">{{cite news|title=Woman Quitting Job Wilfully Not Entitled to Alimony: HC|url=http://www.outlookindia.com/news/article/Woman-Quitting-Job-Wilfully-Not-Entitled-to-Alimony-HC/764403|accessdate=1 December 2014|work=]|date=1 June 2012}}</ref> On 12 September 2013, the ] granted equal custody of a 12-year-old boy to both parents. The court ordered that the boy to remain with his mother from 1 July to 31 December of every year and to remain with his father from 1 January to 30 June, until the child reaches the age of maturity. Both the parents were also given visitations rights on Saturday and Sunday, when the child would be with the other parent. The child was also allowed to call or video chat with the other parent when in custody of one. The court also ordered both parents to bear the child's education and other expenses equally.<ref name="HC joint">{{cite news|title=In a first, HC orders joint custody of child|url=https://bangaloremirror.indiatimes.com/bangalore/others/In-a-first-HC-orders-joint-custody-of-child/articleshow/22603857.cms|accessdate=29 August 2014|work=]|date=16 September 2013}}</ref><ref name="six months">{{cite news|title=Child custody case: Six months with father, six months with mother, Karnataka HC says|url=http://timesofindia.indiatimes.com/city/bangalore/Child-custody-case-Six-months-with-father-six-months-with-mother-Karnataka-HC-says/articleshow/23171108.cms|accessdate=29 August 2014|work=]|date=27 September 2013}}</ref> | |||
In September 2010, the Delhi High Court said that a man's assets should be examined while deciding the alimony sum. The court was deciding a case where man initially asked to pay {{currency|15,000|INR}} in total as alimony per month by a lower. After an appeal from his wife, he was asked to pay {{currency|45,000|INR}} by another court which took into consideration his net assets. The man had challenged this decision by pointing out his monthly salary was {{currency|41,000|INR}}. The court reduced the alimony sum to {{currency|20,000|INR}} per and stated that a man's parents and sibling also have a stake in his assets.<ref name=assetalimony>{{cite news|title=Man's assets not to be considered for alimony, rules High Court|url=http://www.thehindu.com/news/cities/Delhi/mans-assets-not-to-be-considered-for-alimony-rules-high-court/article613598.ece|accessdate=3 December 2014|work=]|date=4 September 2014}}</ref> | |||
===Proposed laws=== | |||
In October 2010, ] passed a judgment according to which long-term live-in relationships will be considered as marriage. The female spouse then can claim ] under the ] which uses the phrase "relationship in the nature of marriage". The court was adjudicating a case where a man, who was already married, was being sue by another woman.<ref name=live-in>{{cite news|title=What makes a live-in 'legal'? Supreme Court explains|url=http://www.dnaindia.com/india/report-what-makes-a-live-in-legal-supreme-court-explains-1455884|accessdate=6 April 2014|newspaper=]|date=21 April 2010}}</ref> | |||
==== Marriage Laws (Amendment) Bill, 2010 ==== | |||
In June 2012, Delhi High Court said that a woman who is educated and capable of maintaining herself, but has quit her job voluntarily is not entitle to alimony. The verdict was given in case where a woman challenged a lower court's decision to not grant her any alimony. The High Court pointed out that the woman was capable of earning {{currency|50,000|INR}} per month but was choosing to remain unemployed, and denied any alimony to her. However, the court ordered the husband to pay {{currency|10,000|INR}} towards child support.<ref name=Wiffully>{{cite news|title=Woman Quitting Job Wilfully Not Entitled to Alimony: HC|url=http://www.outlookindia.com/news/article/Woman-Quitting-Job-Wilfully-Not-Entitled-to-Alimony-HC/764403|accessdate=1 December 2014|work=]|date=1 June 2012}}</ref> | |||
{{see also|Marriage Laws (Amendment) Bill, 2010}} | |||
In 2010, a proposed ] to the ] would allow courts to decide compensation to wife and children from the husband's inherited and inheritable property. The bill has provisions for "irretrievable breakdown" of marriage where both parties must have lived apart for three years before filing for divorce. The bill would also allow the wife to oppose the dissolution of a marriage if it would leave her in financial hardship.<ref name="Rayja women friendly">{{cite news|title=Rajya Sabha approves bill to make divorce friendly for women|url=http://archive.indianexpress.com/news/rajya-sabha-approves-bill-to-make-divorce-friendly-for-women/1160381/0|accessdate=6 April 2014|newspaper=]|date=26 August 2013}}</ref> | |||
On 12 September 2013, the ] granted equal custody of a 12-year-old boy to both parents. The court ordered that the boy to remain with his mother from 1 July to 31 December of every year and to remain with his father from 1 January to 30 June, until the child reaches the age of majority. Both the parents were also given visitations rights on Saturday and Sunday, when the child would be with the other parent. The child was also allowed to call or video chat with the other parent when in custody of one. The court also ordered both parents to bear the child's education and other expenses equally.<ref name="HC joint">{{cite news|title=In a first, HC orders joint custody of child|url=http://www.bangaloremirror.com/bangalore/others/In-a-first-HC-orders-joint-custody-of-child/articleshow/22603857.cms|accessdate=29 August 2014|work=]|date=16 September 2013}}</ref><ref name="six months">{{cite news|title=Child custody case: Six months with father, six months with mother, Karnataka HC says|url=http://timesofindia.indiatimes.com/city/bangalore/Child-custody-case-Six-months-with-father-six-months-with-mother-Karnataka-HC-says/articleshow/23171108.cms|accessdate=29 August 2014|work=]|date=27 September 2013}}</ref> | |||
The SIFF protested against the 2010 amendment. According to Rajesh Vakharia, president of SIFF, this bill would encourage divorce and be costly to husbands, as they would have to part with their assets.<ref name="marriage amendment">{{cite news|title=Men's rights groups to protest Marriage Amendment Bill|url=http://www.thehindu.com/news/national/mens-rights-groups-to-protest-marriage-amendment-bill/article3707569.ece|accessdate=6 April 2014|newspaper=]|date=31 July 2012}}</ref> He called the bill a regressive move, and stated that it jeopardizes the financial and social security of a man.<ref name="hope of share">{{cite news|title=Hope of share in inherited assets for wife|url=http://www.telegraphindia.com/1130718/jsp/nation/story_17130002.jsp|archive-url=https://web.archive.org/web/20130721160618/http://www.telegraphindia.com/1130718/jsp/nation/story_17130002.jsp|url-status=dead|archive-date=21 July 2013|accessdate=7 April 2014|newspaper=]|date=17 July 2013}}</ref> He has pointed out that as most men marry after becoming financially secure, the possibility of losing their wealth and property would discourage men from marriage and feed the ] in the society.<ref name="men's right amendment">{{cite news|title=Men's rights activists oppose amendment to marriage law|url=http://timesofindia.indiatimes.com/city/nagpur/Mens-rights-activists-oppose-amendment-to-marriage-law/articleshow/21703825.cms|accessdate=7 April 2014|newspaper=]|date=8 August 2013}}</ref> | |||
====Proposed laws==== | |||
{{see also|Marriage Laws (Amendment) Bill, 2010}} | |||
The proposed ] will allow courts to decide compensation to wife and children from the husband's inherited and inheritable property. The bill has provision for "irretrievable breakdown" of marriage where both parties must have lived apart for 3 years before filing for divorce. The bill also allows the wife to oppose the dissolution of a marriage if it will leave her in financial hardship.<ref name="Rayja women friendly">{{cite news|title=Rajya Sabha approves bill to make divorce friendly for women|url=http://archive.indianexpress.com/news/rajya-sabha-approves-bill-to-make-divorce-friendly-for-women/1160381/0|accessdate=6 April 2014|newspaper=]|date=26 August 2013}}</ref> | |||
Kumar V. Jaghirdar, founder and president of the Bangalore-based Children's Rights Initiative for Shared Parenting (CRISP), said that alimony should be decided on the basis of how many years the couple were married, and argued that the law doesn't allow a husband to refute his wife's claims. He also argued that it is based on a flawed assumption that the children are always best cared for by their mother, and that it violates ], right to equality. Swarup Sarkar, founder and member of Save Family Foundation, said that the suggestions offered by them to the Law Minister and the parliamentary committee were ignored.<ref name="seeking equality">{{cite news|title=Seeking 'equality' with women, men protest marriage law bill|url=http://www.deccanherald.com/content/272645/seeking-equality-women-men-protest.html|accessdate=22 April 2014|newspaper=]|date=19 August 2012}}</ref><ref name=sore>{{cite news|title=Men's rights groups sore at marriage laws bill|url=http://www.hindustantimes.com/india-news/himachalpradesh/men-s-rights-groups-sore-at-marriage-laws-bill/article1-1184548.aspx|archive-url=https://web.archive.org/web/20140217120926/http://www.hindustantimes.com/india-news/himachalpradesh/men-s-rights-groups-sore-at-marriage-laws-bill/article1-1184548.aspx|url-status=dead|archive-date=17 February 2014|accessdate=28 June 2014|work=]|date=16 February 2014}}</ref> | |||
The SIFF has protested against the Marriage (Amendment) Bill 2010. According to Rajesh Vakharia, President of SIFF, this bill will encourage divorce and will be expensive to husbands, as they would have to part with their hard earned assets.<ref name="marriage amendment">{{cite news|title=Men's rights groups to protest Marriage Amendment Bill|url=http://www.thehindu.com/news/national/mens-rights-groups-to-protest-marriage-amendment-bill/article3707569.ece|accessdate=6 April 2014|newspaper=]|date=31 July 2012}}</ref> He has called this bill a regressive move, and has stated that it jeopardizes the financial and social security of a man.<ref name="hope of share">{{cite news|title=Hope of share in inherited assets for wife|url=http://www.telegraphindia.com/1130718/jsp/nation/story_17130002.jsp|accessdate=7 April 2014|newspaper=]|date=17 July 2013}}</ref> He has pointed out that as most men marry after becoming financially secure, the possibility of losing their hard-earned wealth and property will discourage men from marriage and feed the ] in the society.<ref name="men's right amendent">{{cite news|title=Men's rights activists oppose amendment to marriage law|url=http://timesofindia.indiatimes.com/city/nagpur/Mens-rights-activists-oppose-amendment-to-marriage-law/articleshow/21703825.cms|accessdate=7 April 2014|newspaper=]|date=8 August 2013}}</ref> | |||
], member of the ] political party, argued that this law empowers women at the expense of men. He proposed that this law should be made gender neutral by using the word "spouse" instead of "wife" or "husband." ] of ] said that the law has potential for misuse like the anti-dowry laws and added that it treats men as being responsible for divorces. ] of ] has pointed out that the bill was unfair as nowadays, many women earn equal to or more than their husbands.<ref name="bill weathers">{{cite news|title=Bill weathers 'anti-men' cry|url=http://www.telegraphindia.com/1130827/jsp/nation/story_17277726.jsp|archive-url=https://web.archive.org/web/20130831071901/http://www.telegraphindia.com/1130827/jsp/nation/story_17277726.jsp|url-status=dead|archive-date=31 August 2013|accessdate=7 April 2014|newspaper=]|date=27 August 2013}}</ref> Additionally, Amartya Talukdar raised concern that the bill amends marriage laws for Hindus only, who made up 79 percent of India's population in 2011. Talukdar stated, "If the Government really wants to bring about empowerment of women, let them make it open for all sections of the society. Let them bring a ]. Why is it only for the Hindus?"<ref name=TodaySaree>{{Cite news|url = http://indiatoday.intoday.in/story/men-wear-sarees-in-kolkata-to-protest-marital-amendment-bill/1/343851.html|title = Men wear sarees in Kolkata to protest against Marital Amendment Bill|date = 16 Feb 2014|work = India Today}}</ref><ref name=States>{{Cite news|url=http://www.thestatesman.net/news/11962-protest-against-marriage-bill.html |title=Protest against Marriage Bill |date=26 Aug 2013 |work=] |url-status=dead |archive-url=https://web.archive.org/web/20141023064248/http://www.thestatesman.net/news/11962-protest-against-marriage-bill.html |archive-date=23 October 2014 }}</ref><ref name=RajyaApproves>{{cite news|url=http://indianexpress.com/article/india/india-others/rajya-sabha-approves-bill-to-make-divorce-friendly-for-women/|title=Rajya Sabha approves bill to make divorce friendly for women|date=26 August 2013|work=The Indian Express|accessdate=27 August 2015}}</ref> The Bill was passed by the ] in 2013.<ref>{{cite news|url =http://timesofindia.indiatimes.com/india/Rajya-Sabha-passes-women-friendly-marriage-bill/articleshow/22073635.cms|title = Rajya Sabha passes women-friendly marriage bill|date = 26 Aug 2013|work =Times of India |accessdate = 5 December 2015}}</ref> On 18 December 2014, Law Minister ] in answer to a question told the parliament that the government has received complaints from men's rights group that the law will reduce the marriage rate in the country.<ref name="TH-maybydropped" /> | |||
Kumar V. Jahgirdar, founder and president of the Bangalore-based Children's Rights Initiative for Shared Parenting (CRISP), has said that the alimony should be decided on the basis of how many years the couple have spent as married. He pointed out that the law doesn't allow the husband to refute the wife's claims. He also argued that it is based on a flawed assumption that the children are always best cared for by their mother. He has also stated that it violates the ]. Swarup Sarkar, founder and member of Save Family Foundation, said that the suggestions offered by them to the Law Minister and the parliamentary committee were ignored.<ref name="seeking equality">{{cite news|title=Seeking 'equality' with women, men protest marriage law bill|url=http://www.deccanherald.com/content/272645/seeking-equality-women-men-protest.html|accessdate=22 April 2014|newspaper=]|date=19 August 2012}}</ref><ref name=sore>{{cite news|title=Men's rights groups sore at marriage laws bill|url=http://www.hindustantimes.com/india-news/himachalpradesh/men-s-rights-groups-sore-at-marriage-laws-bill/article1-1184548.aspx|accessdate=28 June 2014|work=]|date=16 February 2014}}</ref> | |||
{{As of|February 2015}}, the Bill has not been passed in the ].<ref name=TH-maybydropped>{{cite news|title=Bill to make divorce easier may be dropped|url=http://www.thehindu.com/news/national/bill-to-make-divorce-easier-may-be-dropped/article6910089.ece|accessdate=5 December 2015|work=]|date=19 February 2015}}</ref> | |||
], member of ] political party, has argued that this law empowers women at the expense of men. He proposed that this law should be made gender neutral by using the word "spouse" instead of "wife" or "husband". ] of ] said that the law has potential for misuse like the anti-dowry laws and added that it treats men as being responsible for divorces. ] of ] has pointed out that the bill was unfair as nowadays, many women earn equal to or more than their husbands.<ref name="bill waethers">{{cite news|title=Bill weathers 'anti-men' cry|url=http://www.telegraphindia.com/1130827/jsp/nation/story_17277726.jsp|accessdate=7 April 2014|newspaper=]|date=27 August 2013}}</ref> | |||
==== Consultation Paper on Shared Parentage ==== | |||
In November 2014, the ] started a study and released a consultation paper on its website seeking views from the public on proposed guidelines for joint custody and shared parenting. The commission expects to complete the study by January 2015 and present the findings to the government for amendments to the law by the 2015 budget session of the Parliament.<ref name=opt-shared>{{cite news|title=India may opt for shared child custody|url=http://timesofindia.indiatimes.com/india/India-may-opt-for-shared-child-custody/articleshow/45103597.cms|accessdate=1 December 2014|work=]|date=11 November 2014}}</ref> | In November 2014, the ] started a study and released a consultation paper on its website seeking views from the public on proposed guidelines for joint custody and shared parenting. The commission expects to complete the study by January 2015 and present the findings to the government for amendments to the law by the 2015 budget session of the Parliament.<ref name=opt-shared>{{cite news|title=India may opt for shared child custody|url=http://timesofindia.indiatimes.com/india/India-may-opt-for-shared-child-custody/articleshow/45103597.cms|accessdate=1 December 2014|work=]|date=11 November 2014}}</ref> | ||
] |
], an attorney and women's rights activist, opposed the shared parenthood law consultation paper floated by the ] by claiming that it was being lobbied by men's rights organisations and that it would erode women and children's rights.<ref name=Flavia>{{cite news|title=Shared disadvantage: about shared parentage system in India|url=https://www.deccanchronicle.com/141127/commentary-op-ed/article/shared-disadvantage-about-shared-parentage-system-india|access-date=1 December 2014|work=]|date=27 November 2014}}</ref> | ||
===Domestic violence=== | ===Domestic violence=== | ||
According to men's rights activists, the incidence of domestic violence against men in recent years has increased. The activists say that many cases go unreported as men feel ashamed to report |
According to men's rights activists, the incidence of domestic violence against men in recent years has increased. The activists say that many cases go unreported as men feel too ashamed to report abuse, or fear false accusations against them in reprisal.<ref name=WhenHusband2014>{{cite news|title=When husbands are victims of domestic violence|url=http://timesofindia.indiatimes.com/life-style/relationships/man-woman/When-husbands-are-victims-of-domestic-violence/articleshow/26031858.cms|accessdate=27 July 2015|work=]|date=2 February 2014}}</ref> Two groups, the Save Indian Family Foundation (SIFF) and the Indian Social Awareness and Activism Forum (INSAAF), have demanded inclusion of men's issues in the National Family Health Survey (NFHS) conducted by the ] to allow a better picture of the situation to emerge.<ref name=nfhs>{{cite news|title=Demand to include men's issues in family health survey|url=http://timesofindia.indiatimes.com/city/nagpur/Demand-to-include-mens-issues-in-family-health-survey/articleshow/35489569.cms|accessdate=8 June 2014|work=]|date=23 May 2014|ref=health_survey}}</ref> | ||
Swarup Sarkar, founder of SIFF, has said that there is no legal provision for married men facing verbal or mental abuse.<ref name=onelakhsuicide/> Indian Social Awareness and Activism Forum (INSAAF), and Confidare Research have drafted a bill which aims to protect men and boys from domestic violence from their spouses, girlfriends and parents. The draft is called the Saving Men from Intimate Terror Act (SMITA) and the groups aim to introduce it for debate in the parliament.<ref name=smita>{{cite news|title=Now, a bill to safeguard men to be discussed in RS|url=http://www.rediff.com/news/report/now-a-bill-to-safeguard-men-to-be-discussed-in-rs/20121012.htm|accessdate=28 June 2014|work=]|date=12 October 2012}}</ref> The ] identifies domestic violence as abuse or threat of abuse, whether physical, sexual, verbal, emotional or economic. It provides protection to wives and female live-in partners from domestic violence carried out by husbands, male live-in partners or their relatives.<ref name="women too">{{cite news|title=Domestic Violence Act can be used against women too: HC|url=http://www.dnaindia.com/mumbai/report-domestic-violence-act-can-be-used-against-women-too-hc-1829536|accessdate=6 April 2014|newspaper=]|date=2 May 2013}}</ref> Swarup Sarkar of Save Indian Family has argued that Domestic Violence Act should be made gender neutral.<ref name="new victims">{{cite news|title=Men new 'victims' of domestic violence|url=http://www.hindustantimes.com/news-feed/nm19/men-new-victims-of-domestic-violence/article1-169073.aspx|accessdate=6 April 2014|newspaper=]|date=4 November 2006|url-status=dead|archive-url=https://web.archive.org/web/20140407100621/http://www.hindustantimes.com/news-feed/nm19/men-new-victims-of-domestic-violence/article1-169073.aspx|archive-date=7 April 2014}}</ref> He has also termed the law as ].<ref name="terrorist" /> | |||
] has argued that men don't need to be covered under the domestic violence act as they have several other rights to appeal with, but women need special rights to defend their lives in a male-dominated society.<ref name="rights_too">{{cite news|title=Men have rights too! Aggrieved men put up a fight|url=http://zeenews.india.com/news/nation/men-have-rights-too-aggrieved-men-put-up-a-fight_852326.html|accessdate=28 June 2014|work=]|date=2 June 2012}}</ref> The ], Amarkantak and Hoshangabad region of ] reports a large number of ] who have left their marriages to become holy men or ]s. According to family counseling centres in Jabalpur, the share of harassed husbands was 70 percent among complainants as per data recorded between 2013 and 2014. About 4,500 husbands are missing from family court records in the region. A local stops the police from going after men who have left marriage and become sadhus.<ref name="battered Jabalpur">{{cite news|title=Number of battered husbands in Jabalpur on the rise|url=http://timesofindia.indiatimes.com/city/bhopal/Number-of-battered-husbands-in-Jabalpur-on-the-rise/articleshow/30421072.cms?|accessdate=7 April 2014|newspaper=]|date=15 February 2012}}</ref> | |||
The ] primarily provides protection to wives and female live-in partners from domestic violence carried out by husbands, male live-in partners or their relatives. Domestic violence includes abuse or treat of abuse, whether physical, sexual, verbal, emotional or economic.<ref name="women too">{{cite news|title=Domestic Violence Act can be used against women too: HC|url=http://www.dnaindia.com/mumbai/report-domestic-violence-act-can-be-used-against-women-too-hc-1829536|accessdate=6 April 2014|newspaper=]|date=2 May 2013}}</ref> Swarup Sarkar of Save Indian Family has argued that Domestic Violence Act should be made gender neutral.<ref name="new victims">{{cite news|title=Men new 'victims' of domestic violence|url=http://www.hindustantimes.com/news-feed/nm19/men-new-victims-of-domestic-violence/article1-169073.aspx|accessdate=6 April 2014|newspaper=]|date=4 November 2006}}</ref> He has also termed the law as ].<ref name=terrorist/> | |||
More recently during the lockdown in India amid COVID-19, domestic violence against men has increased tremendously. As many as 1,774 men from 22 states across India reached out to the Save Indian Family (SIF) foundation in April 2020, alleging domestic violence by their spouse.<ref>{{cite news|title=Chandigarh: 1,774 men called helpline in April, alleged domestic violence, says NGO|url=https://indianexpress.com/article/cities/chandigarh/chandigarh-1774-men-called-helpline-in-april-alleged-domestic-violence-says-ngo?|accessdate=29 April 2020|newspaper=]|date=29 April 2020}}</ref> Besides several incidences of groom burning have also been reported during lockdown across different parts of India.<ref>{{cite news|title=Groom Burning in India|url=https://mensrightsrhumanrights.blogspot.com/2020/06/groom-burning-in-india.html?|accessdate=30 June 2020|date=30 June 2020}}</ref><ref>{{cite news|title=IIT-Roorkee Alumnus Lists 32 Instances Of Groom Burning In India; Nearly Half Numbers In 2020|url=https://www.mensdayout.com/in-the-social/groom-burning-india/?|accessdate=13 July 2020|newspaper=]|date=11 July 2020}}</ref> | |||
] has argued that men don't need to be covered under the domestic violence act as they have several other rights to appeal with, but women need special rights to defend their lives in a male dominated society.<ref name=rights_too>{{cite news|title=Men have rights too! Aggrieved men put up a fight|url=http://zeenews.india.com/news/nation/men-have-rights-too-aggrieved-men-put-up-a-fight_852326.html|accessdate=28 June 2014|work=]|date=2 June 2012}}</ref> | |||
===Rape reporting laws=== | |||
The ], Amarkantak and Hoshangabad region of ] reports a large number of ] who have left marriage. According to the Jabalpur family counseling centres, the share of harassed husbands was 70% among complainants as per data recorded between 2013 and 2014. About 4,500 husbands are missing from family court records in the region. A local stops the police from going after men who have left marriage and become sadhus.<ref name="battered Jabalpur">{{cite news|title=Number of battered husbands in Jabalpur on the rise|url=http://timesofindia.indiatimes.com/city/bhopal/Number-of-battered-husbands-in-Jabalpur-on-the-rise/articleshow/30421072.cms?|accessdate=7 April 2014|newspaper=]|date=15 February 2012}}</ref> | |||
Between 2001 and 2012, the number of reported rape cases rose from 16,075 to 24,923, however the conviction rate fell from 40.8 percent to 24.2 percent<ref name=ConvictionRateRape>{{cite news|title=Conviction rate fell from 41% to 24% in 12 years|url=http://timesofindia.indiatimes.com/city/delhi/Conviction-rate-fell-from-41-to-24-in-12-years/articleshow/22473030.cms|accessdate=27 July 2015|work=]|date=11 September 2013}}</ref> Some men's rights activists point to the low conviction rates and claim that the lack of a penalty for falsely reporting rape has encouraged false cases.<ref name=cryrape>{{cite news|title=Cry Rape|url=http://www.openthemagazine.com/article/nation/cry-rape|accessdate=28 June 2014|work=]|date=24 August 2013}}</ref> However, compared with other countries like ], ] and ], India has a much higher conviction rate.<ref name=TimeIndiaRape>{{cite magazine|title=Why Rape Seems Worse in India Than Everywhere Else (but Actually Isn't)|url=https://world.time.com/2013/11/08/why-rape-seems-worse-in-india-than-everywhere-else-but-actually-isnt/|access-date=27 July 2015|magazine=]|date=8 November 2013}}</ref> | |||
===False rape cases=== | |||
Between 2001 and 2012, the number of reported rape cases rose from 16,075 to 24,923, however the conviction rate fell from 40.8% to 24.2%.<ref name=ConvictionRateRape>{{cite news|title=Conviction rate fell from 41% to 24% in 12 years|url=http://timesofindia.indiatimes.com/city/delhi/Conviction-rate-fell-from-41-to-24-in-12-years/articleshow/22473030.cms|accessdate=27 July 2015|work=]|date=11 September 2013}}</ref> Some men's rights activists point to the low convict rates and have claimed that the lack of a penalty for false cases has encouraged false cases.<ref name=cryrape/> However, compared to other countries like ], ] and ], India has a much higher conviction rate.<ref name=TimeIndiaRape>{{cite news|title=Why Rape Seems Worse in India Than Everywhere Else (but Actually Isn’t)|url=http://world.time.com/2013/11/08/why-rape-seems-worse-in-india-than-everywhere-else-but-actually-isnt/|accessdate=27 July 2015|work=]|date=8 November 2013}}</ref> | |||
Atit Rajpara, co-founder of Men's Rights Association, has pointed to the low conviction rate in rape cases and argued that most of them are false.<ref name=wallstreet>{{cite news|title= India's Men's Rights Group |url=http://blogs.wsj.com/indiarealtime/2013/09/09/indias-mens-rights-group/|accessdate=28 June 2014|work=]|date=9 September 2013}}</ref> Amit Deshpande of Save India Family Foundation has said that several presentations were made to the ] to include a misuse clause to prevent false cases, but the requests were ignored.<ref name=cryrape>{{cite news|title=Cry Rape|url=http://www.openthemagazine.com/article/nation/cry-rape|accessdate=28 June 2014|work=]|date=24 August 2013}}</ref> | |||
On 29 July 2014, '']'' newspaper reported that it had carried out a 6-month investigation in New Delhi. The report said that two-third of the total cases filed in the preceding year involved consenting couples, with the parents accusing the boy of rape. According to the ], 1636 ]s were filed in New Delhi in 2013. In the same, 583 cases came before New Delhi's six district courts. In 123 cases, the complaint did not appear before the court or turned ]. 460 cases were fully argued in the courts. 174 cases involved eloped couples or allegedly eloped couples. 109 cases involved breach of promise of marriage. 133 cases resulted in conviction with a conviction rate of 23%.<ref name="shades of rape">{{cite news|title=The many shades of rape cases in Delhi|url=http://www.thehindu.com/data/the-many-shades-of-rape-cases-in-delhi/article6261042.ece|accessdate=29 August 2014|work=]|date=29 July 2014}}</ref> | |||
On 6 August 2014, the Chief Minister of ], ], during a debate in the state assembly said that of the 953 cases registered as rape cases in the state, only 332 cases were found to be actual rape cases. 425 of them were filed after an affair on mutual consent ended on bad terms and 83 were filed when the man refused to marry the woman. 53 were cases of molestation which had been exaggerated.<ref name=fakesexabuse>{{cite news|title=Fake Sex Abuse Complaints Aplenty|url=http://www.newindianexpress.com/states/tamil_nadu/Fake-Sex-Abuse-Complaints-Aplenty/2014/08/07/article2367969.ece|accessdate=1 December 2014|work=]|date=7 August 2014}}</ref><ref name=25cm>{{cite news|title=Rape cases up 25%, CM says figures inflated|url=http://epaperbeta.timesofindia.com/Article.aspx?eid=31807&articlexml=Rape-cases-up-25-CM-says-figures-inflated-07082014001061|accessdate=1 December 2014|work=]}}</ref> In October 2014, Delhi Commission of Women (DCW) released some data, according to which of the 2,753 complaints of rape filed between April 2013 and July 2014, 1,287 cases were found to be genuine. The main motivation behind the false cases was found to be revenge to settle personal scores.<ref name=DCWConcern>{{cite news|title=Delhi Commission for Women concerned with rise of false rape charges|url=http://indiatoday.intoday.in/story/delhi-commission-for-women-concerned-with-rise-of-false-rape-charges/1/394316.html|accessdate=1 December 2014|work=]|date=6 October 2014}}</ref><ref name=53DelhiRape>{{cite news|title=53% rape cases filed between April 2013 and July 2013 false: Delhi Commission of Women|url=http://www.dnaindia.com/india/report-53-rape-cases-filed-between-april-2013-and-july-2013-false-delhi-commission-of-women-2023334|accessdate=1 December 2014|work=]|date=4 October 2014}}</ref> | |||
====Notable verdicts==== | |||
In August 2010, the ] dropped a rape case against a London-based expatiate. The court concluded that the case was filed by his live-in partner to prevent him from leaving the country, after he refused to marry her.<ref name=LiveinWalkout>{{cite news|title='Live-in is just a 'walk in, walk out relationship'|url=http://www.thehindu.com/news/national/livein-is-just-a-walk-in-walk-out-relationship/article561374.ece|accessdate=3 December 2014|work=]|date=10 August 2010}}</ref> | |||
On 16 November 2010, the Delhi High Court rejected a man's request to drop a false rape case against him. The court said that it was to ensure the accuser, a female police employee, is prosecuted for the false case. The women had reached an out-of-court settlement with the defendant.<ref name=face-trial>{{cite news|title=Woman to face trial for lodging false rape case: Delhi high court|url=http://www.dnaindia.com/india/report-woman-to-face-trial-for-lodging-false-rape-case-delhi-high-court-1467597|accessdate=1 December 2014|work=]|date=16 November 2010}}</ref> | |||
In May 2013, the ] said that some women were using false rape cases for personal vendetta, harassment, extortion and forcing men to marry them. The court was hearing the bail petition of a man who had been in a relationship with an woman for 2 years. The woman filed a rape case the man rejected the proposal to marry her. The court granted the bail.<ref name=DelhiHC_falserape>{{cite news|title=Women using rape laws for vengeance, Delhi high court says|url=http://timesofindia.indiatimes.com/india/Women-using-rape-laws-for-vengeance-Delhi-high-court-says/articleshow/20267501.cms|accessdate=28 June 2014|work=]|date=26 May 2013}}</ref> | |||
In May 2013, the ] said that pre-marital sex on the promise of marriage is cheating or deception, not rape. The court was appealing of a man had been sentenced by a lower court in ] to seven years of imprisonment. The man had been accused of rape by a women after he did marry her after having an affair with her. The verdict had also been upheld by the ]. The Supreme Court said that the women 19 years old at the time of affair was sufficiently mature to understand the implications of her consent and order the release of the man. The man had already served 3 years by this time.<ref name=SCNotRape>{{cite news|title=Consensual sex with intention to marry is not rape: Supreme Court|url=http://www.ndtv.com/india-news/consensual-sex-with-intention-to-marry-is-not-rape-supreme-court-522845|accessdate=6 April 2015|work=]|date=21 May 2013}}</ref> | |||
In August 2013, the ] observed filing a rape case after a relationship terminated had become a trend. It added that women filing such false cases should be prosecuted. The court was hearing a bail petition from a man who entered a relation with a woman whom he met on the internet. The woman filed a rape case when he married some other woman instead of her. The court approved the bail.<ref name=bhc_false>{{cite news|title=Women filing false rape cases should be prosecuted: HC|url=http://www.deccanherald.com/content/348455/women-filing-false-rape-cases.html|accessdate=28 June 2014|work=]|date=1 August 2013}}</ref> | |||
In December 2014, the Bombay High Court said that having sex while in relation before marriage and then not following through on a promise to marry does not amount to rape. The Court said that every individual case should be examined to see the women consciously made such a decision and there should be no single rule of thumb. The Court was hearing a case in which a woman had become pregnant after a sexual relationship and the man had refused to marry her. The Court said it was the woman's decision to keep the baby if she chooses and she may secure the child's rights by other legal means.<ref name=MarryIsNotRape>{{cite news|title=Pre-marital sex not shocking, every breach of promise to marry is not rape: Bombay HC|url=http://timesofindia.indiatimes.com/india/Pre-marital-sex-not-shocking-every-breach-of-promise-to-marry-is-not-rape-Bombay-HC/articleshow/45663907.cms|accessdate=29 December 2014|work=]|date=28 December 2014}}</ref> | |||
In March 2015, the ] said that a breach of promise to marry is not rape case. The court was hearing a case where a woman had charged her live-in partner of rape after he left her after a year without marrying her. She filed a report when she finds out he was marry someone else.<ref name=NotRapeGujarat>{{cite news|title=Breach of Marriage Promise by Partner Is Not Rape: Gujarat HC|url=http://m.newindianexpress.com/nation-2/441258|accessdate=6 April 2015|work=]|date=27 March 2015}}</ref><ref name=GujaratPromise>{{cite news|title=Breach of promise to marry by partner is not rape: Gujarat High Court|url=http://www.dnaindia.com/india/report-breach-of-promise-to-marry-by-partner-is-not-rape-gujarat-high-court-2072501|accessdate=6 April 2015|work=]|date=27 March 2015}}</ref> | |||
In March 2015, the Delhi High Court said that live-in relationships cannot be kept outside the ambit of the rape laws. The court was listening to a ] that proposed that only cases of cheating should be allowed in case of live-in relations. The petitioner had pointed out that majority of cases result in acquittal.<ref name="Purview of Rape">{{cite news|title=Can't Keep Live-In Relationships Outside Purview of Rape: Delhi High Court|url=http://www.ndtv.com/india-news/cant-keep-live-in-relationships-outside-purview-of-rape-delhi-high-court-744977?pfrom=home-lateststories|accessdate=6 April 2015|work=]|date=8 March 2015}}</ref> | |||
===Suicide=== | ===Suicide=== | ||
{| class="wikitable" style="float:right;" | {| class="wikitable" style="float:right;" | ||
|+ |
|+Marital Status of Suicide Victims in 2018<ref name=":0"></ref> | ||
|- | |- | ||
! |
! Marital status !! Male !! Female !! Transgender | ||
|- | |- | ||
| Unmarried || |
| Unmarried || 19987 || 10512 || 4 | ||
|- | |- | ||
| Married || |
| Married || 64791 || 27742 || 0 | ||
|- | |- | ||
| Widowed/Widower || |
| Widowed/Widower || 1257 || 1072 || 0 | ||
|- | |- | ||
| Divorced || |
| Divorced || 520 || 423 || 0 | ||
|- | |- | ||
| Separated || |
| Separated || 559 || 288 || 2 | ||
|- | |- | ||
| Others || |
| Others || 1792 || 884 || 4 | ||
|- | |- | ||
| Status not known || |
| Status not known || 3208 || 1470 || 1 | ||
|- | |- | ||
| '''Total''' || |
| '''Total''' || 92114 || 42391 || 11 | ||
|} | |} | ||
] ( |
According to the ] (NCRB) report in 2018, about 70% of all suicide victims were men,<ref name=":0" /> the same as the suicide demographics for married victims.<ref name=helpline/><ref name=ToiNCRB2014>{{cite news|title=Married men twice as likely to commit suicide than married women: Report|url=http://timesofindia.indiatimes.com/india/Married-men-twice-as-likely-to-commit-suicide-than-married-women-Report/articleshow/48220552.cms|accessdate=26 July 2015|work=]|date=26 July 2015}}</ref> Kumar V. Jahgirdar, president of Child Rights Initiative for Shared Parenting (CRISP), has attributed the suicides among married men on family stress.<ref name=onelakhsuicide>{{cite news|title=Over One Lakh Suicides in India Every Year, Says Report|url=http://www.ndtv.com/article/india/over-one-lakh-suicides-in-india-every-year-says-report-552335|accessdate=22 July 2014|work=]|date=3 July 2014}}</ref> | ||
Mithun Kumar, a researcher at SIFF, has said that police don't take any action even if the suicide note of a man states that he was tortured by his wife and in-laws, but in case of a woman's suicide her husband's family is taken into custody without investigation.<ref name=helpline>{{cite news|title=Helpline to address problems of 'distressed' men|url=http://www.thehindu.com/todays-paper/tp-national/tp-otherstates/helpline-to-address-problems-of-distressed-men/article93190.ece|accessdate=8 April 2014|newspaper=]|date=17 December 2009}}</ref> However, in a 2012 report published by the ] researchers, it was stated that since suicide in India |
Mithun Kumar, a researcher at SIFF, has said that police don't take any action even if the suicide note of a man states that he was tortured by his wife and in-laws, but in case of a woman's suicide her husband's family is taken into custody without investigation.<ref name=helpline>{{cite news|title=Helpline to address problems of 'distressed' men|url=http://www.thehindu.com/todays-paper/tp-national/tp-otherstates/helpline-to-address-problems-of-distressed-men/article93190.ece|accessdate=8 April 2014|newspaper=]|date=17 December 2009}}</ref> However, in a 2012 report published by the ] researchers, it was stated that since attempting suicide in India was a crime until 2014,<ref>{{cite news|last1=Jain|first1=Bharti|title=Government decriminalizes attempt to commit suicide, removes section 309|url=http://timesofindia.indiatimes.com/india/Government-decriminalizes-attempt-to-commit-suicide-removes-section-309/articleshow/45452253.cms|accessdate=28 August 2015|work=]|date=10 December 2014}}</ref> suicides are under-reported, especially suicides of young married women. Because in case of the suicide of a married women, usually the husband and his family are held responsible if the suicide has occurs within seven years of marriage. Sometimes suicides are mis-categorised as accident deaths.<ref name=MillionDeath>{{cite journal|author1=Vikram Patel|author2=Chinthanie Ramasundarahettige|author3=Lakshmi Vijayakumar|author4=J S Thakur|title=Suicide mortality in India: a nationally representative survey|journal=]|date=2012|volume=379|issue=9834|pages=2343–2351|pmid=22726517|doi=10.1016/s0140-6736(12)60606-0|pmc=4247159}}</ref> | ||
===Sexual harassment laws=== | ===Sexual harassment laws=== | ||
The ] is not gender neutral.<ref name=gaps>{{cite news|title=Yawning gaps in yet to be notified Sexual Harassment at Workplace Act|url=http://zeenews.india.com/bbv/yawning-gaps-in-yet-to-be-notified-sexual-harassment-at-workplace-act_893373.html|accessdate=8 April 2014|newspaper=]|date=30 November 2013}}</ref> Rajesh Vakahria, a member of SIFF, has pointed out the bill was originally gender neutral until ] and some NGOs intervened and changed the name. He said that it was an outdated concept to consider that only women suffer from sexual harassment.<ref name="gender neutral NGOs">{{cite news|title=Make workplace harassment laws gender neutral, demand NGOs|url=http://timesofindia.indiatimes.com/india/Make-workplace-harassment-laws-gender-neutral-demand-NGOs/articleshow/17376208.cms|accessdate=8 April 2014|newspaper=]|date=26 November 2012}}</ref> | The ] is not gender neutral and applies to the protection of women only.<ref name=gaps>{{cite news|title=Yawning gaps in yet to be notified Sexual Harassment at Workplace Act|url=http://zeenews.india.com/bbv/yawning-gaps-in-yet-to-be-notified-sexual-harassment-at-workplace-act_893373.html|accessdate=8 April 2014|newspaper=]|date=30 November 2013}}</ref> Rajesh Vakahria, a member of SIFF, has pointed out the bill was originally gender neutral until ] and some NGOs intervened and changed the name. He said that it was an outdated concept to consider that only women suffer from sexual harassment.<ref name="gender neutral NGOs">{{cite news|title=Make workplace harassment laws gender neutral, demand NGOs|url=http://timesofindia.indiatimes.com/india/Make-workplace-harassment-laws-gender-neutral-demand-NGOs/articleshow/17376208.cms|accessdate=8 April 2014|newspaper=]|date=26 November 2012}}</ref> | ||
==Khasi tribe== | ==Khasi tribe== | ||
The ] in Meghalaya state is ]. The children take the mother's surname |
The ] in Meghalaya state is ]. The children take the mother's surname, the sons have no rights to property, and a family without an heir usually adopts a girl. After marriage, a man moves into his wife's house. Their way of life is protected under the Khasi Social Custom of Lineage Act of 1997. In 1990, the men in this tribe started a men's liberation movement called ''Syngkhong Rympei Thymmai'' (Home Hearth Restructured). A previous movement started in the early 1960s died out due to lack of support. The current movement claims to have 2,000 members. According to them, due to a lack of responsibility or sense of purpose, boys are dropping out of schools, men are resorting to drugs and alcohol and dying before reaching middle age.<ref name="son east">{{cite news|title=Son rises in the east|url=http://www.telegraphindia.com/1110410/jsp/7days/story_13833806.jsp|archive-url=https://web.archive.org/web/20140408212423/http://www.telegraphindia.com/1110410/jsp/7days/story_13833806.jsp|url-status=dead|archive-date=8 April 2014|accessdate=7 April 2014|newspaper=]|date=10 April 2010}}</ref><ref name="woman's world">{{cite news|title=It's a woman's world|url=http://www.thehindu.com/todays-paper/tp-in-school/its-a-womans-world/article4486326.ece|accessdate=8 April 2014|newspaper=]|date=8 March 2013}}</ref> The movement seeks, among other things, to have children take their fathers' names and to end the system of property inheritance that favours female offspring.<ref name="woman's world"/> | ||
==See also== | |||
In an interview with Sally Howard, the author of ''The Kama Sutra Diaries'', one activist described his own experience marrying into a Khasi family, "When I married I left my father and mother's house to go to my wife's kin house...When a woman does this, as women do all over India, she can adapt: women are subtle and softly spoken...But men cannot adapt. I could not adapt. As husbands of khaduh we feel we are sidelined; as if all we are there for is to breed." His proposed remedy involves overturning the matrilineal order was, "We of Syngkhong Rympei Thymmai say that men must rule. We are more emotionally stable. We are not hysterical like women. And we say that unless men become the first sex we will go extinct!"<ref name="love and lust">{{cite news|title=Love and lust in India|url=http://www.telegraphindia.com/1131215/jsp/7days/17698001.jsp|accessdate=7 April 2014|newspaper=]|date=15 December 2013}}</ref> | |||
* ] | |||
==Organisations== | |||
* ] | |||
* ], documentary on misuse of dowry law. | |||
* '']''<ref name="new victims"/> | |||
* ] | |||
* ''All India Front Against Persecution by Wives (Akhil Bharatiya Patni Atyachar Virodhi Morcha)''<ref name="pro-men law"/><ref name="new victims"/> | |||
* ], acquittal in 2012. | |||
* ''My Nation''<ref name="new victims"/> | |||
* ] | |||
* ''Child's Right and Family Welfare''<ref name=biwi>{{cite news|title=Mujhe Meri Biwi Se Bachao...|url=http://www.mumbaimirror.com/mumbai/others/Mujhe-Meri-Biwi-Se-Bachao--/articleshow/15982102.cms|accessdate=6 April 2014|newspaper=]|date=6 January 2010}}</ref> | |||
* ''Purush Hakka Sanrakshan Samiti''<ref name=hakka/> | |||
* ''Gender Human Rights Society''<ref name="survive 498A">{{cite news|title=For tormented hubbies, how to survive IPC 498A|url=http://www.dnaindia.com/india/report-for-tormented-hubbies-how-to-survive-ipc-498a-1151293|accessdate=6 April 2014|newspaper=]|date=17 February 2008}}</ref> | |||
* Save Family Foundation<ref name="survive 498A"/> | |||
* ''Confidare Research'': A ]-based organisation.<ref name="parting shot">{{cite news|title=Parting Shot|url=http://www.telegraphindia.com/1120404/jsp/opinion/story_15332562.jsp|accessdate=7 April 2014|newspaper=]|date=4 April 2012}}</ref> | |||
* ''Men's Rights Association''<ref name=gradually>{{cite news|title=Men are gradually becoming vocal about sufferings at hands of women|url=http://archive.indianexpress.com/news/-men-are-gradually-becoming-vocal--about-sufferings-at-hands-of-women-/1197098/0|accessdate=7 April 2014|newspaper=]|date=20 November 2013}}</ref> | |||
* ''Karnataka Rajya Purushara Rakshana Samithi'': A Karnataka-based organisation that is opposing abuse of marriage laws.<ref name=MarriageLawsAbused>{{cite news|title=Marriage laws abused by women|url=http://www.newindianexpress.com/cities/bengaluru/Marriage-laws-abused-by-women/2013/06/09/article1626884.ece|accessdate=6 April 2015|work=]|date=9 June 2013}}</ref><ref name="Karnataka Seminar">{{cite news|title=Seminar on men's rights|url=http://www.thehindu.com/todays-paper/tp-national/tp-karnataka/seminar-on-mens-rights/article3680630.ece|accessdate=8 April 2014|newspaper=]|date=25 July 2012}}</ref> | |||
* ''Purusha Commission'': An organisation based in ] which is demanding a State Commission for Men.<ref name="Purusha Commission">{{cite news|title=Activists demand State Commission for Men|url=http://www.dailypioneer.com/state-editions/bhubaneswar/activists-demand-state-commission-for-men.html|work=]|date=20 November 2013}}</ref><ref name=ProtestPath>{{cite news|title=On protest path to rock assembly|url=http://www.telegraphindia.com/1131130/jsp/odisha/story_17627977.jsp#.VSIPA_Cupng|accessdate=6 April 2015|work=]|date=30 November 2013}}</ref> | |||
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The men's rights movement in India is composed of various independent men's rights organisations in India. Proponents of the movement support the introduction of gender-neutral legislation and repeal of laws that are biased against men.
Indian men's rights activists are organised around legal issues such as anti-dowry laws, divorce, and child custody, which they believe are biased against men. They also assert that the frequency of domestic violence against men has increased over time with many cases going unreported as men are shamed into not reporting abuse or fear false accusations against them in reprisal. Some men's rights activists also consider India's rape reporting laws and sexual harassment laws in India to be biased against men.
History
1990s and early 2000s
The first men's rights organisations in India sprouted in the 1990s in Kolkata, Mumbai, and Lucknow, with the cities respectively being home to the groups Pirito Purush (The Persecuted Man), Purush Hakka Samrakshan Samiti (Committee for the Protection of Men's Rights), and Patni Atyachar Virodhi Morcha (Protesting Torture by Wives). These groups demanded rights for men, in particular husbands, and shared the view that they needed to undo some of the reforms achieved by feminists. The three groups were formed in response to alleged abuse of Section 498A of the Indian Penal Code.
Subsequently, a helpline for battered men was started. "Save Indian Family" was founded on 9 March 2005 by the unification of a number of family's rights organisations across India. On 19 November 2007, the Save Indian Family Foundation celebrated International Men's Day for the first time in India.
2006–2010
In September 2008, SIFF filed a complaint against a Kitply plywood commercial to the Advertising Standards Council of India, for portraying a wife slapping her husband on her wedding day because of a creaking bed, alleging that the ad promoted domestic violence against men by portraying it as humorous. In the same month, Chennai-based organisation Indiya Kudumba Pathukappu Iyaakam, complained against a Pond's ad which labelled men as wife-beaters and an ICICI Prudential Insurance commercial which allegedly portrayed verbal and economical abuse against men.
The NGO 'Child's Right and Family Welfare' was formed in 2009 to demand fairer laws for men, including better child custody and access laws. In April 2010, when Pakistani cricketer Shoaib Malik was accused of adultery by a woman from Hyderabad, Ayesha Siddiqui, just prior to his marriage to tennis player Sania Mirza, SIFF released a statement in support of Malik demanding that his passport be returned. It added its concerns over such misuses of Section 498A of the Indian Penal Code. In 2009, the head of the Ministry of Women and Child Development, Renuka Chowdhury, agreed to meet men's rights activists to listen to their concerns about biased legislation. On 25 June 2009, the activists were invited to discuss possible changes to these laws. However, the ministry changed the agenda of the meeting on 24 June, and ministry officials announced they were "unwilling to accept any flaws in current laws." This angered the activists and resulted in a large number of complaints to the Indian government. A week later, government officials indicated they would indeed review the current laws.
2010–2013
In September 2012, Ministry of Women and Child Development Krishna Tirath proposed a bill that would make it mandatory for husbands to pay a salary to their wives. This move was criticised by men's rights groups and they sought Prime Minister Manmohan Singh's intervention in the matter.
In late 2012, Satyamev Jayate, an Indian TV show hosted by actor Aamir Khan, was criticized by men's rights activists. According to Anil Kumar, co-founder of SIFF, Khan had portrayed men negatively on the show and had projected only one side of the domestic violence issue. In December 2012, about 15,000 men pledged to boycott Khan's film Talaash. Phanisai Bhardwaj, a Lok Satta Party candidate in Karnataka assembly polls, was found out to be a member of Centre for Men's Rights, against the Section 498a of IPC and reservations in jobs or education, after he made a post on Facebook in April 2013. He faced a protest campaign against him on the blogosphere, which called the Lok Satta Party 'anti-women' and 'casteist.' Jayprakash Narayan, founder of Lok Satta Party, called Bhardwaj's position on women "unacceptable, and he was subsequently asked to withdraw his nomination. In August that same year, Hridaya, a Kolkata-based NGO raised concerns about the proposed Marriage Laws (Amendment Bill), 2010 which has been approved by the cabinet and cleared by Group of Ministers (GoM) headed by defence minister A. K. Antony. According to Amartya Talukdar, the bill, which introduces the concept of no-fault divorce and marital property is not fair for men. It will put the institution of marriage in jeopardy.
On 21 December 2013, members of National Coalition for Men held a demonstration outside the offices of West Bengal Human Rights Commission (WBHRC) in Kolkata, stating that former Supreme Court judge Asok Kumar Ganguly, and then chairman of WBHRC, was innocent until proven guilty. Ganguly had been accused of sexual harassment by a law intern. Amit Gupta, General Secretary of National Coalition for Men, said that even if the legal system of India and the UN Charter on Human Rights states that an accused is to be treated as innocent until proven guilty, Ganguly was being held as guilty and subjected to a media trial.
2014
On 16 February 2014, the members of Hridaya organised another protest against the Marriage Laws Amendment Bill (India) that would introduce no fault divorce in the Hindu Marriage Act by wearing saris. Amartya Talukdar voiced concern and said that if the government really intends to empower women, then the law should be made applicable to all communities by bringing uniform civil code instead of being applicable only to Hindus. In March 2014, men's rights activists also criticised the second season of Aamir Khan's TV show, Satyamev Jayate. SIFF said that the Aamir Khan quoted the domestic violence data from the National Family Health Survey, which surveyed only women from 15 to 49 age. They said the show gave the perception that men do not suffer from domestic violence.
In May 2014, Save Indian Family Foundation (SIFF) launched a mobile app called SIF One to reach out to men in distress. In the same month, an all India telephone helpline was launched.
Indian general election, 2014
During the pre-election campaign period for the 2014 Indian general election, on 11 January 2014, National Coalition for Men in Kolkata present their demand of the formation of a men's ministry and a men's rights panel to all political parties in India. They also released their own manifesto called "Men-ifesto" which dealt with the issues of men and the need of provisions from the government to address those issues. The other demands raised were gender neutral laws, rehabilitation of men who were acquitted, speedy trials of the accused languishing in custody, and equal rights in child custody. The National Coalition for Men met with political parties across India to urge them to include men's rights in their manifestos. Amit Gupta said that they may start their own political party if their demands are ignored. On 28 March 2014, Amit Gupta urged voters across the country to exercise the "None of the above" (NOTA) in the 2014 general elections. According to him, no political party was paying heed to their demands of gender neutral laws and a Ministry of Men's Welfare.
In early April 2014, Save Indian Family Foundation (SIFF) sent out four queries regarding men's issues to various political leaders. Anil Kumar of SIFF said that they would decide which party to vote for in the 2014 election based on the responses. He added that a survey of SIFF members had indicated a lack of support for the Congress party and the Communist Party of India. The four questions that were posed are whether the party would introduce a bill to protect men against domestic violence, whether biological fathers should be given partial custody in a shared parenting arrangement in divorces, whether consensual sex with the false promise of marriage should be considered rape and if a man should be considered a rapist for breaking up with his girlfriend, and whether the party would introduce men studies courses in universities similar to other gender studies courses.
On 16 April 2014, men's right groups asked supporters to vote for Samajwadi Party or use "None of the above" (NOTA). Amit Lakhani, an activist of Save Family Foundation based in New Delhi, expressed support for Samajwadi Party by saying that only that political party had included men's issues in their manifesto.
2015–present
In December 2015, the Mumbai-based Vaastav Foundation released a calendar called a "Malendar" marking male-oriented days such as Father's Day and International Men's Day. Amit Deshpande, the founder of Vaastav Foundation said that they were trying to raise awareness towards these days through positive images of men.
Mumbai Marathon
During the 2016 Mumbai Marathon, about 150 men from Vaastav Foundation participated dressed as ATMs. Deshpande commented, "A man is forced to be an ATM for his family and if he fails to protect his wife or provide for her, he is immediately accused of mistreating her." One of the placards visible during the event read "Until men learn to express their pain, every story will always portray women as victims." The participation with men dressed as ATM, the first of its kind, received coverage by the media worldwide.
Vaastav's participation in the 2017 Mumbai Marathon was grander with participation in larger numbers and with a big prop of a snake which they referred to it as the 'snake of misandry that gobbles up innocent men.' The larger-than-life snake had details about misused gender-discriminative criminal laws (namely anti-dowry laws, molestation, rape, section 377 of IPC and maintenance & alimony laws) on one side and the text of most concerning social & criminal issues faced by boys & men (viz. child-labor, boy's education, male suicides, domestic violence on men, male rape and patriarchal burdens of being default protectors & providers) on the other side. Now a new organization "Avijan Welfare And Charitable Trust" is working on men's rights in Kolkata. A magazine "Purush Kotha" is released on men's rights and problems faced by men.
While displaying banners with the text "Patriarchy Enslaves Men" and shouting slogans that meant "Would you marry? Would you go to prison?" the activists equated marriage with entrapment. Their participation was widely covered by regional & national print & electronic media.
In 2016, a documentary film called 'Martyrs of Marriage' was released by Mumbai-based filmmaker and activist Deepika Narayan Bharadwaj. The film, which features real-life stories of men suffering from abuse due to anti-dowry laws, including those that have committed suicide.
Issues
Anti-dowry laws
See also: Dowry system in IndiaThe Laws
The men's rights activists claims that the anti-dowry laws are being frequently misused to harass and extort husbands. The high rate of suicide among married men in India is also attributed to harassment under these laws by the activists. The practice of giving dowry was first criminalised in 1961 under the Dowry Prohibition Act, 1961 and later the Section 498A of the Indian Penal Code was introduced in 1983. The Section 498A of the Indian Penal Code which deals with cruelty to a wife states that:
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
For the purposes of this section, "cruelty" means:
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
The Section 113b of the Indian Evidence Act, 1879 says that if a married woman committed suicide within seven years of marriage, it must be assumed by the court that her husband and his family abetted the suicide, especially if there was evidence of prior dowry demands.
Until July 2014, the Section 498a of the Indian Penal Code allowed the police to arrest the persons mentioned in the complaint without a warrant or without any investigation. The crime was non-bailable, so chances of getting a bail are low and husbands usually lost their jobs while in custody. On 2 July 2014, the Supreme Court of India in an order stopped automatic arrests under the Section 498a. The Court directed the police to use the Section 41 of the Code of Criminal Procedure, 1973, which contains a checklist, to decide whether an arrest is necessary. The Court also stated that in all arrests the magistrate must examine whether further detention was necessary. There is also no provision of withdrawing a complaint in case of a reconciliation. However, an amendment to rectify this has been proposed.
Of all arrests made the Indian Penal Code, 6% are made under the Section 498a. Of all crimes reported under the Indian Penal Code, 4.5% are filed under Section 498a, which is the highest barring theft and hurt. Of the cases that go to trial, only 15% result in conviction. In July 2014, 3,72,706 cases under Section 498a were pending in Indian courts.
Criticism of the laws
According to SIFF, these laws don't follow conventional legal premises where a person is innocent until proven guilty. It has also pointed out that several of those who are arrested under this law are women themselves, i.e., female relatives of husbands. Swarup Sarkar, a spokesperson of SIFF, has said that men with low incomes are rarely targeted and most victims of misuse are well-off. He has claimed that these laws assume that women are always truthful, and don't place much importance on evidence. An Indian court has termed misuse of these laws, legal terrorism.
Almost a quarter of people arrested under Section 498a are women, mostly mothers and sisters of the accused husband. In 2012, 47,951 women were arrested under this law. According to Ram Prakash Chugh, a large majority of the women in Tihar jail are there due to dowry charges. He has claimed that sometimes mothers of the bride bring dowry charges on their in-laws when the bride fails to adjust to her in-laws. Organisations like All India Mother-in-Law Protection Forum (AIMPF) and Mothers And Sisters of Husbands Against Abuse of Law (MASHAAL) have been formed to represent such women. Some non-resident Indians (NRI) groups have also demanded amendments to the anti-dowry law. Anindya Chatterjee, a California-based IT worker who runs an online support group, was accused under the law. He has said that sometimes while visiting India, men are accused under the law and get arrested by police without verifying if the case is genuine and their passports are seized. The cases often take a year to clear up, as a result the men lose their jobs abroad due to frequent travels to attend the court or being unable to leave India. Canada and United States have issued travel advisories warning of India's anti-dowry law misuses in the past.
Jyotsna Chatterjee, member of the Joint Women's Programme which was involved in drafting the Domestic Violence Act 2005, has responded to these criticism of the anti-dowry law, by stating that compared to the men who have faced the misuse of the anti-dowry law, many more women have suffered from dowry demands. She has said that there has been no change in the way society sees women and they are still treated as second-class citizens. Indira Jaising has also rejected the view that anti-dowry law and domestic violence laws are being misused. She has also claimed that the high acquittal under dowry cases occurs because prosecutions are conducted improperly and people are encouraged to settle out of court. Indrani Sinha of Sanlaap has said that the anti-dowry cannot be easily misused. She said that if the husband and his family are innocent then they should go to the police before the wife and file a complaint.
Notable verdicts and legal panel reports
- In November 2003, the Committee on Reforms in the Criminal Justice System (CRCJS), headed by V. S. Malimath, recommended that Section 498a be made bailable and compoundable.
- In July 2005, the Supreme Court admitted that in many instances complaints under the Section 498a of the Indian Penal Code are not bona fide and have oblique motives. The court added that acquittal in such cases doesn't erase the suffering the defendant has to go through, which is compounded by adverse media coverage. The court also directed the legislature to find ways to check such false cases.
- In August 2010, the Supreme Court directed the government to amend Section 498a of the Indian Penal Code in view of the rising numbers of false or exaggerated complaints against husbands and their relatives by women. It further added that such complaints result in the husband and his relatives remaining in custody until trial or bail, which kills all chances of an amicable settlement.
- In January 2012, the Law Commission of India recommended that Section 498a should be made a compoundable offense. But, the court will decide if the particular case is compoundable or not.
On 2 July 2014, the Supreme Court said that this law is being used by some women to harass their husband and in-laws. Through Arnesh Kumar Guidelines the court prohibited the police from making arrests on the mere basis of a complaint. The court asked the police to follow Section 41 of the Code of Criminal Procedure, 1973, which provides a 9-point checklist which must be used to decide the need for an arrest. The court also said that a magistrate must decide whether an arrested accused is needed to be kept under further detention. The decision was in response to a Special Leave Petition (SPL) filed by one Arnesh Kumar challenging his arrest and of his family under this law. The decision was welcomed by men's right activists but was criticised by women rights activists. However, due to lack of communication to police stations, the guidelines of Supreme Court of India are still not being followed.
Ranjana Kumari of the Centre for Social Research has criticised the Supreme Court's judgement which said that anti-dowry laws are being misused and stopped arrests based on FIRs. She said that if laws are being misused then the law enforcement should be held responsible. Recently. the Supreme Court of India has agreed to hear a Public Interest Litigation to set up a National Commission for Men in the light of rising suicide by married men in India whose years are lost in fighting false cases.
Proposed amendments
In 2014, the National Commission for Women proposed some changes to the law which included widening the definition of the term dowry and increasing the penalty for false cases. But, the suggestions were rejected by the Ministry of Women and Child Development. The Minister for Women, Maneka Gandhi, told the Lok Sabha in December, "The NCW had recommended certain amendments in Dowry Prohibition Act. However, the ministry has taken a considered view on the matter and decided to drop the amendment proposed by NCW in the present form after taking into account the comments of the high level committee on the status of women and the ministry of home affairs." Ranjana Kumari of Centre for Social Research welcomed this decision to not dilute the law.
In March 2015, it was reported that Government of India was planning to amend Section 498A. It would be made compoundable, which would allow the parties to settle if the court recommended it. The fine for filing a false case would be increased from ₹1,000 to ₹15,000. Amit Gupta, of National Coalition for Men, has opposed making the law compoundable. He has said that it would make extortion easier. He has pointed out that after Andhra Pradesh made it compoundable, the number of case rose by 150% and conviction rate fell by 400%. Maneka Gandhi, the Minister for Women & Child Development, has also opposed any changes to the existing dowry laws. Ranjana Kumari of the Centre for Social Research has also expressed disagreement over demands to amend the anti-dowry law, pointing out that dowry deaths are still occurring in India.
Divorce and child custody laws
The men's rights activists in India claim that the divorce and child custody laws are biased against men. They say that this allows divorced wives to stop men from seeing their children for long periods of time. They have said that alimony should not be granted if the wife is the primary earner of the family and the law should see men capable of bringing up children.
In India, child custody is granted to the father only if the mother is mentally unstable or has left home leaving behind the child. At present, the matter custody in case of divorce is governed by two laws: Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956. But, both laws do not have any provisions for shared parenting or joint custody. Under the Evidence Act, 1872, if a child is born within a marriage or within 280 days of dissolution of a marriage, then the child is considered legitimate and is entitled to child support and inheritance. At present, DNA paternity tests do not take precedence over this law. The courts may still choose to ignore the genetic evidence and ask a non-biological parent to pay for child support. An organisation named Children's Rights Initiative for Shared Parenting (CRISP) has demanded better child access laws and has called the current custodial laws gender-biased. It has demanded amendments to the Guardians and Wards Act be amended to make shared parenting mandatory.
Swarup Sarkar of Save Family Foundation has speculated that now two out of three Indian couples actively share parenting. Kumar Jahagirdar, president of CRISP, has noted a growth in men who are the primary caregivers in the family.
Notable verdicts
In April 2003, the Supreme Court of India granted a woman divorce on the grounds of mental cruelty. She had claimed that her husband was harassing her and accusing her of affairs. Although four or five out of ten divorce cases in India allege mental agony, Ram Prakash Chugh said that if a man brought similar charges to a court, he will be unlikely to get a favourable ruling.
In September 2008, the Delhi High Court in a verdict said that a woman earning sufficient income is not entitled to maintenance from her divorced husband. The verdict came after a man challenged a family court's decision to grant ₹7,500 monthly alimony to his wife. The man had pointed out that his wife was earning ₹80,000 for month and had no other responsibilities. In September 2010, the Delhi High Court released a verdict that a man cannot be forced to pay alimony if he is unemployed. The man had challenged a lower court's order that he should pay ₹5,000 as alimony. The man pointed out that he was an expatiate working as a sales manager in Angola and had come to India to marry. He got married in May 2007 but the marriage lasted only three weeks. Due to his wife's complaint, the police seized his passport and he was unable to return to job, which resulted in his termination. The court stated that wife was equally qualified to her husband, and was working in a multi-national company, thus she cannot claim alimony.
In September 2010, the Delhi High Court said that a man's assets should be examined while deciding the alimony sum. The court was deciding a case where man initially asked to pay ₹15,000 in total as alimony per month by a lower. After an appeal from his wife, he was asked to pay ₹45,000 by another court which took into consideration his net assets. The man had challenged this decision by pointing out his monthly salary was ₹41,000. The court reduced the alimony sum to ₹20,000 per month and stated that a man's parents and sibling also have a stake in his assets. In October 2010, Supreme Court of India passed a judgment according to which long-term live-in relationships will be considered as marriage. The female spouse then can claim alimony under the Domestic Violence Act 2005 which uses the phrase "relationship in the nature of marriage." The court was adjudicating a case where a man, who was already married, was being sue by another woman.
In June 2012, Delhi High Court said that a woman who is educated and capable of maintaining herself, but has quit her job voluntarily is not entitle to alimony. The verdict was given in case where a woman challenged a lower court's decision to not grant her any alimony. The High Court pointed out that the woman was capable of earning ₹50,000 per month but was choosing to remain unemployed, and denied any alimony to her. However, the court ordered the husband to pay ₹10,000 towards child support. On 12 September 2013, the Karnataka High Court granted equal custody of a 12-year-old boy to both parents. The court ordered that the boy to remain with his mother from 1 July to 31 December of every year and to remain with his father from 1 January to 30 June, until the child reaches the age of maturity. Both the parents were also given visitations rights on Saturday and Sunday, when the child would be with the other parent. The child was also allowed to call or video chat with the other parent when in custody of one. The court also ordered both parents to bear the child's education and other expenses equally.
Proposed laws
Marriage Laws (Amendment) Bill, 2010
See also: Marriage Laws (Amendment) Bill, 2010In 2010, a proposed amendment to the Hindu Marriage Act would allow courts to decide compensation to wife and children from the husband's inherited and inheritable property. The bill has provisions for "irretrievable breakdown" of marriage where both parties must have lived apart for three years before filing for divorce. The bill would also allow the wife to oppose the dissolution of a marriage if it would leave her in financial hardship.
The SIFF protested against the 2010 amendment. According to Rajesh Vakharia, president of SIFF, this bill would encourage divorce and be costly to husbands, as they would have to part with their assets. He called the bill a regressive move, and stated that it jeopardizes the financial and social security of a man. He has pointed out that as most men marry after becoming financially secure, the possibility of losing their wealth and property would discourage men from marriage and feed the gynophobia in the society.
Kumar V. Jaghirdar, founder and president of the Bangalore-based Children's Rights Initiative for Shared Parenting (CRISP), said that alimony should be decided on the basis of how many years the couple were married, and argued that the law doesn't allow a husband to refute his wife's claims. He also argued that it is based on a flawed assumption that the children are always best cared for by their mother, and that it violates Article 14 of the Indian Constitution, right to equality. Swarup Sarkar, founder and member of Save Family Foundation, said that the suggestions offered by them to the Law Minister and the parliamentary committee were ignored.
Derek O'Brien, member of the All India Trinamool Congress political party, argued that this law empowers women at the expense of men. He proposed that this law should be made gender neutral by using the word "spouse" instead of "wife" or "husband." Arvind Kumar Singh of Samajwadi Party said that the law has potential for misuse like the anti-dowry laws and added that it treats men as being responsible for divorces. Vandana Chavan of Nationalist Congress Party has pointed out that the bill was unfair as nowadays, many women earn equal to or more than their husbands. Additionally, Amartya Talukdar raised concern that the bill amends marriage laws for Hindus only, who made up 79 percent of India's population in 2011. Talukdar stated, "If the Government really wants to bring about empowerment of women, let them make it open for all sections of the society. Let them bring a uniform civil code. Why is it only for the Hindus?" The Bill was passed by the Rajya Sabha in 2013. On 18 December 2014, Law Minister D. V. Sadananda Gowda in answer to a question told the parliament that the government has received complaints from men's rights group that the law will reduce the marriage rate in the country.
As of February 2015, the Bill has not been passed in the Lok Sabha.
Consultation Paper on Shared Parentage
In November 2014, the Law Commission of India started a study and released a consultation paper on its website seeking views from the public on proposed guidelines for joint custody and shared parenting. The commission expects to complete the study by January 2015 and present the findings to the government for amendments to the law by the 2015 budget session of the Parliament.
Flavia Agnes, an attorney and women's rights activist, opposed the shared parenthood law consultation paper floated by the Law Commission of India by claiming that it was being lobbied by men's rights organisations and that it would erode women and children's rights.
Domestic violence
According to men's rights activists, the incidence of domestic violence against men in recent years has increased. The activists say that many cases go unreported as men feel too ashamed to report abuse, or fear false accusations against them in reprisal. Two groups, the Save Indian Family Foundation (SIFF) and the Indian Social Awareness and Activism Forum (INSAAF), have demanded inclusion of men's issues in the National Family Health Survey (NFHS) conducted by the Ministry of Health and Family Welfare to allow a better picture of the situation to emerge.
Swarup Sarkar, founder of SIFF, has said that there is no legal provision for married men facing verbal or mental abuse. Indian Social Awareness and Activism Forum (INSAAF), and Confidare Research have drafted a bill which aims to protect men and boys from domestic violence from their spouses, girlfriends and parents. The draft is called the Saving Men from Intimate Terror Act (SMITA) and the groups aim to introduce it for debate in the parliament. The Protection of Women from Domestic Violence Act, 2005 identifies domestic violence as abuse or threat of abuse, whether physical, sexual, verbal, emotional or economic. It provides protection to wives and female live-in partners from domestic violence carried out by husbands, male live-in partners or their relatives. Swarup Sarkar of Save Indian Family has argued that Domestic Violence Act should be made gender neutral. He has also termed the law as legal terrorism.
Indira Jaising has argued that men don't need to be covered under the domestic violence act as they have several other rights to appeal with, but women need special rights to defend their lives in a male-dominated society. The Jabalpur, Amarkantak and Hoshangabad region of Madhya Pradesh reports a large number of sadhus who have left their marriages to become holy men or yogis. According to family counseling centres in Jabalpur, the share of harassed husbands was 70 percent among complainants as per data recorded between 2013 and 2014. About 4,500 husbands are missing from family court records in the region. A local stops the police from going after men who have left marriage and become sadhus.
More recently during the lockdown in India amid COVID-19, domestic violence against men has increased tremendously. As many as 1,774 men from 22 states across India reached out to the Save Indian Family (SIF) foundation in April 2020, alleging domestic violence by their spouse. Besides several incidences of groom burning have also been reported during lockdown across different parts of India.
Rape reporting laws
Between 2001 and 2012, the number of reported rape cases rose from 16,075 to 24,923, however the conviction rate fell from 40.8 percent to 24.2 percent Some men's rights activists point to the low conviction rates and claim that the lack of a penalty for falsely reporting rape has encouraged false cases. However, compared with other countries like Sweden, UK and France, India has a much higher conviction rate.
Suicide
Marital status | Male | Female | Transgender |
---|---|---|---|
Unmarried | 19987 | 10512 | 4 |
Married | 64791 | 27742 | 0 |
Widowed/Widower | 1257 | 1072 | 0 |
Divorced | 520 | 423 | 0 |
Separated | 559 | 288 | 2 |
Others | 1792 | 884 | 4 |
Status not known | 3208 | 1470 | 1 |
Total | 92114 | 42391 | 11 |
According to the National Crime Records Bureau (NCRB) report in 2018, about 70% of all suicide victims were men, the same as the suicide demographics for married victims. Kumar V. Jahgirdar, president of Child Rights Initiative for Shared Parenting (CRISP), has attributed the suicides among married men on family stress.
Mithun Kumar, a researcher at SIFF, has said that police don't take any action even if the suicide note of a man states that he was tortured by his wife and in-laws, but in case of a woman's suicide her husband's family is taken into custody without investigation. However, in a 2012 report published by the Million Death Study researchers, it was stated that since attempting suicide in India was a crime until 2014, suicides are under-reported, especially suicides of young married women. Because in case of the suicide of a married women, usually the husband and his family are held responsible if the suicide has occurs within seven years of marriage. Sometimes suicides are mis-categorised as accident deaths.
Sexual harassment laws
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is not gender neutral and applies to the protection of women only. Rajesh Vakahria, a member of SIFF, has pointed out the bill was originally gender neutral until Ministry of Women and Child Development and some NGOs intervened and changed the name. He said that it was an outdated concept to consider that only women suffer from sexual harassment.
Khasi tribe
The Khasi tribe in Meghalaya state is matrilineal. The children take the mother's surname, the sons have no rights to property, and a family without an heir usually adopts a girl. After marriage, a man moves into his wife's house. Their way of life is protected under the Khasi Social Custom of Lineage Act of 1997. In 1990, the men in this tribe started a men's liberation movement called Syngkhong Rympei Thymmai (Home Hearth Restructured). A previous movement started in the early 1960s died out due to lack of support. The current movement claims to have 2,000 members. According to them, due to a lack of responsibility or sense of purpose, boys are dropping out of schools, men are resorting to drugs and alcohol and dying before reaching middle age. The movement seeks, among other things, to have children take their fathers' names and to end the system of property inheritance that favours female offspring.
See also
- Dowry law in India
- Save Indian Family Foundation
- Martyrs of Marriage, documentary on misuse of dowry law.
- Men's rights movement
- Nisha Sharma dowry case, acquittal in 2012.
- Violence against men
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