As Per Law, Can a Man be a Victim of Domestic Violence?


Posted On : December 27, 2022
As Per Law, Can a Man be a Victim of Domestic Violence?
Yes!! Men can be victims of domestic violence. The very simple explanation is that they also live in a shared household, and women can also be violent. It is not the sex of a person being the deciding factor of humility and gentleness. But law, apparently, does not recognize this mere fact. We as a society fail to recognize this. Explore in detail how men can be victims of violence in a household.
Listen to this article

Table of Contents

“Mard Ko Dard Nahi Hota” is a common saying deep-rooted in our shallow patriarchal system. Men are not supposed to feel any pain. But why? Are men not humans? Are they not part of the society? In fact, Mard Ko Dard Hota Hai!! It's just that our society does not want to address this issue and avoid the same. There is some physiological difference between men and women. But this fact does not make men any less humans. Men and women are both made of similar flesh and blood. 

When we talk about domestic violence, we as a society assume that men are physically stronger, so they can not be the victims, but only perpetrators. It takes a lot of effort for people to reach the understanding that domestic violence is not a gender based but mentality based phenomenon. A person might be physically hitting you which may be out of love and not violence, but the other might be ignoring you in the same house for no reason, thereby causing you to doubt your own importance and existence. Here is an attempt to bring light to some most ignored aspects of the society we live in. It may not help change the existing laws, but it should help in at least considering the agony of men who succumb to quietude because there is nobody who could listen.


Here is a step by step pathway to understand the real problem - “Can a Man be a Victim of Domestic Violence?”. First, we will know what is violence, focusing upon a domestic relationship, how existing laws discriminate against men, and ultimately understanding how men can be victims of domestic violence.


What is Violence?

In general, violence can be understood as the intentional use of force which leads to injury, damage, abuse or destruction. It may be against a person, his/ her loved one, property, or a community. It is well understood as “a crime that by its nature poses a substantial risk that force will be used against a person or property.” 


What is Domestic Violence?

As the term suggests, it is violence/ brutality/ cruelty against any person connected through a home or family. It may be in the form of physical, verbal, economic or emotional abuse. Examples of Violence in a Domestic Relationship are as follows:

  • Endangering someone’s mental or physical health, including life;
  • Harassing or injuring for any unlawful demands like dowry;
  • Threatening the other person in any way causing harm to such person or someone related;
  • Not providing enough means to meet day-today expenses;
  • Using abusive language for such person or someone related;
  • Prohibiting use of any shared asset or property or any such thing, which that aggrieved person may be entitled to;
  • Basically any such act which falls under the categories of physical, verbal, economic or emotional abuse.  


Domestic Violence Act 2005

The real name of law here is not as mentioned in the heading. It is “The Protection of Women from Domestic Violence Act, 2005”. Hence, men are not accepted as victims of violence as per the law here. Given below are some weapons granted in the hands of women, who may or may not be the actual victims: 


  • ‘Aggrieved person’ as per section 2(a) of the Act only regards a woman subjected to acts of violence.
  • The definition of ‘domestic relationship’ mentions relations by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family. The Act does not differentiate among the men and women in a shared household, but focuses upon victims of only one gender.
  • When it comes to domestic violence under section 3, physical, sexual, verbal, economic and emotional abuses are regarded.
  • The Act requires authorities to inform the aggrieved person (only a female) regarding all the rights and services available under Domestic Violence Act, 2005.
  • It also provides the ‘right to reside in a shared household’ to the woman, and that she will not be evicted or excluded from such a shared household.
  • In such cases, the authorities may even pass orders to direct the respondent to remove ‘himself’ from the shared household.
  • Apart from other restricting or directing orders against the respondent, the alleged aggrieved person is also entitled to monetary relief as well as compensation.
  • Custody of the child may also be given to the aggrieved woman or anyone applying on her behalf. 

Although everything mentioned above does not seem to be related to gender roles. However, it is not at all meant for providing any relief for men. In fact, as mentioned earlier, it has been fashioned as a weapon against husbands at the instance of minor clashes among the husband-wife or anyone in the marital household. 


How Can a Man be a Victim of Violence in a House?

If a man stays in a household among other family members, he can definitely be a victim of domestic violence. Given below are the examples:

  • ‘Men are physically strong’ does not mean a wife can not hit a husband. And when a wife hits her husband, it is also physical violence as per the legal definition. The only difference is that such violence is not legally recognized when it comes to men being victims. In such cases, even the domestic violence lawyers are of no help.
  • When a wife seeks all luxuries from her husband but does not wish to do household chores or earn a penny, while demanding everything done for her beyond his ability, it is also violence against the husband.
  • When a wife does not wish to stay with her husband’s family and does not let him serve/ take care of his own parents or family, it is also violence in a domestic relationship.
  • When a wife grabs from her husband all the money he earns, in the name of running the household making him financially dependent over her for his needs, it is violence.
  • Wife threatening her husband by lodging fake dowry case or those of domestic violence/ cruelty just to settle a record with him is also violence. Suicidal threats also count here.
  • When a wife rejects her husband in terms of sexual intercourse, or stays at her maiden home or separately just to avoid having sexual intercourse, it is just another form of abuse.
  • When a wife uses abusive language disrespecting her husband, whether privately or socially, it is nothing but cruelty.


There are so many examples whereby men are the actual victims. It’s just that we shut our eyes when men are being subjected to violence whereby women are the perpetrators. We seek adjustment from husbands when a wife is not well or just otherwise not willing to cook a meal. But we lose our calm when a man is unwell and can not win the bread and butter for his family. The willingness to earn or not is completely out of syllabus. 



Solution for Male Victims of Violence

By now, it is very clear that the The Protection of Women from Domestic Violence Act, 2005” only focuses upon women who are victims and ignores the perpetrators. Men, rather than hugging solitude and silence, need to prepare for their safety. Given below are the ways out for men who are victims of violence in a domestic relationship:


Criminal Intimidation

If a wife threatens her husband of suicide or any act causing injury to what is included under “person, reputation or property”, it is criminal intimidation. Such an act is not casual but a crime under section 503 of Indian Penal Code, 1860. The husband can contact the authorities and report such threats. This will also help with any further acts of the wife causing alarm or injury to self or others. If you are in Kolkata, a criminal lawyer in Kolkata can help with better understanding of how things can be proceeded with legally.


Evidence

While a man is suffering from acts of domestic violence, it is also suggested to collect proof of such acts. If your wife hits you physically, medical tests can help prove the violence through injuries. If it is verbal, installing surveillance cameras will help the husband prove his stance. 


Divorce

Any kind of violence in marriage should not be allowed, regardless of whether it is the husband or wife. If the same persists, it is better to part ways and look for long lost mental peace. The husband should first explore answers to how to prove mental cruelty by wife and proceed legally seeking the court's assistance. For men in Kolkata, technical understanding through a divorce lawyer in Kolkata can bring clarity over how to part ways keeping one's own interests.


It is our society or system, which firmly believes that only women can be victims. Even in public transport, there are special seats for women, elderly, etc. We do not want a man tired of running errands all day to take a seat and rest. Even if he is tired, he should be caring enough to offer his seat to any other needy person. Why do we close our eyes when such men need care? Why can’t we keep it simple and understand that men are not made of metal but blood and flesh only. Men also have emotions and they feel pain as well.


If the Domestic Violence Act, 2005 also included men in the definition of ‘aggrieved person’, could it belittle the grievance of women? If women had a hard time in our history, it is not only men that wronged women. Women themselves participated in treating fellow women badly. Then why are we exclusively punishing the men of this age, especially those who are victims themselves. It is more like promoting one wrong to treat another wrong. It’s high time that we as a society bring equality in the right manner by having Gender Neutral laws.



Written By:
Vidhikarya

Vidhikarya


Recommended Free Legal Advices
question markLegally advice for sexual harassment case 2 Response(s)
Dear Sir Please approach the following authority or similar authority in a state The Office Commissioner of Labour Karmika Bhavan, Dairy Circle, Bannerghatta Road, Bangalore-29. 080-29753078 [email protected] Addresses of Labor Inspectors in Bengaluru in different locations https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en https://clc.gov.in/clc/regional-offices/bangalore#:~:text=1.&text=Shram%20Sadan%2C%203rd%20Main%2C%203rd,Yeswanthpur%2C%20Bangalore%2D560022.. ======================================================================= Section 12 in The Industrial Disputes Act, 1947 12. Duties of conciliation officers.- (relevant section 12(2) of ID Act) (1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner. (2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute. (3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute. (4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at. (5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor. (6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.] *****
question markCyber Crime Fraud 3 Response(s)
Dear Client, You become the victim of an online job fraud scam by default. The National Cyber Crime Reporting Portal(NCCRP) is an initiative of the Government of India to facilitate victims/complainants to report cybercrime scams or complaints online and once a cyber crime scam is reported online to NCCRP, on the instruction of Cyber Crime Cell, investigating team started the routine process of investigation immediately and if required they can contact and call you to record your statement or for filing relevant documents. You need to get in touch with the Cybercrime Cell of your district or state seeking their necessary action in the matter. The length of time it takes to investigate a cybercrime can vary greatly depending on the complexity of the case, the resources available to the investigators, and the cooperation of the victim. In general, cybercrime investigations can take anywhere from a few weeks to several months or even years. You can also register a complaint of cybercrime at https://www.cybercrime.gov.in/ and track the status of your complaint online. You may consult with a cyber crime expert for further guidance and steps. Section 457 of the CrPC empowers a magistrate to use their discretion to order the conditional release of the seized/frozen amount. When the victim is known, but the credentials of the criminal who created the fake accounts are unknown, in that situation, the police seek a bond from the victim to release the seized/frozen money recovered from the victim's account. You may consult with a cyber crime expert or an Advocate handling cyber laws for further guidance and suitable steps
question markWhat to do further if I am wrongly registered in a muder case 6 Response(s)
It is necessary to apply for Anticipatory Bail either before the High Court or before the Court of Sessions under Section 438 of the Code of Criminal Procedure, 1973,as amended up to date. When the High Court or the Court of Sessions makes a direction in this regard, it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including- (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court; (iv) such other conditions. If even after getting that Anticipatory Bail,he is arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, be shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with that Anticipatory Bail.
question markSenior citizen harassment & domestic violence 1 Response(s)
Dear Sir/Madam, There are several provisions for protection of Senior Citizens as follows: ====================================================================== http://socialjustice.nic.in/UserView/PrintUserView?mid=52569 The Maintenance and Welfare of Parents and Senior Citizens Act 2007 What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007? Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc. What is the applicability of the Act? Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2)). When will the Act come into force in the States? Ans. The Act come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint (Section 1(3)). What is the definition of Child/children under the Act? Ans. The Act defines "children" as son, daughter, grandson and granddaughter who are not minor. What is the definition of Maintenance under the Act? Ans. The "Maintenance" includes provision for food, clothing, residence and medical attendance and treatment. What is the definition of a Senior Citizen under the Act? Ans. A "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above. Who are eligible for claiming maintenance under the provisions of the Act? Ans. The Act provides that a senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application for claiming maintenance. Whether a person other the claimant can file application on his/her behalf? Ans. An application for maintenance may be made:- a. by a senior citizen or a parent, as the case may be; or b. if he is incapable, by any other person or organization authorized by him; or c. the Tribunal may take cognizance suo motu. Please contact me through the administrators of this website.
question markMaintenance of father in law. 7 Response(s)
sir Before i could give legal advice kindly let me know that what is the position of joint property. Has it been divided between family members?