Analyzing Gender Disparities in the Indian Legal System: A critical examination of the lack of adequate Legal Protections for Men
Arjun Agarwal, Laxmikant Chaudhary, M S Roopak, Rishabh Bothra, Selina Mahar, Shankar Prasad
1. Introduction:
Gender equality is a core aspect of social justice, in which every person, regardless of gender, has equal opportunities, responsibilities, and rights. There has been an international drive in recent times to rectify gender imbalances, particularly those against women, and India is no different. There have been numerous new legislations passed to empower women, providing them with legal protection from domestic violence, harassment, and discrimination. These legislations are significant in rectifying past injustices and in ensuring that women are protected and mainstreamed in society. An offshoot of these gains, however, is that men may have less legal protection and acknowledgment in the same situations.
India's legal system has taken great leaps toward addressing gender inequalities through legislation explicitly designed to protect women from violence and abuse. Evident among these is the Protection of Women from Domestic Violence Act (2005), a piece of legislation that offers civil redress to women who have been subjected to domestic violence. In addition, Section 498A of the Indian Penal Code criminalizes cruelty by husband or relatives, offering women a legal remedy to combat physical or mental harassment within marriage. In addition, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (2013) ensures women's dignity and protection at the workplace. These pieces of legislation are great milestones in the fight for gender equality and show India's commitment to ensuring women's safety from violence and a safer society for them.
These women's safeguards are badly needed, but they have also created a very disturbing problem: the abuse of these laws, which can damage men. There have been several reports and studies that have found cases of false allegations under laws like Section 498A, which have got men unfairly caught up in legal problems. While this abuse is a minority of the cases, it shows a big problem in the system—there are not enough gender-neutral laws to help prevent and deal with abuse of men in the home, workplace, and families.
