Joya Saikia
(The writer can be reached at joyasaikia1990@gmail.com.)
Indian society has long been entrenched in a patriarchal framework, where gender inequality has plagued women for generations. Historically, women have been subjected to various forms of discrimination, including limited access to education, restricted freedom of choice, and oppressive societal expectations. However, in recent years, two shocking suicides of a techie and a head constable, both alleging extortion and harassment by their estranged wives and families, have highlighted a much-overlooked aspect of gender inequality: the plight of men. These incidents point to the highly skewed, female-orientated legal system that has perpetuated an environment where men’s grievances are often ignored or dismissed.
In India, the legal system has long favoured women, with laws in place that address issues such as dowry and domestic violence, but often at the cost of fairness for men. One example of this bias is the provision in Section 113B of the Indian Evidence Act, 1872 (now known as the Bhartiya Saksham Adhiniyam, 2023). This law assumes that if a married woman commits suicide within seven years of marriage, her husband or his family is presumed to have abetted her death. However, this same assumption does not apply to men. While the legal framework aims to protect women, it inadvertently creates an imbalance by placing an unfair burden of guilt on men, even in the absence of concrete evidence.
The issue becomes even more complicated when it comes to divorce cases. In many instances, women are given preferential treatment, especially in child custody battles. The Hindu Minority and Guardianship Act, 1956, commonly grants women custody of children under the age of five, further perpetuating gender-based disparities. This legal imbalance has far-reaching consequences for men, as they are often denied the right to maintain meaningful relationships with their children.
While India’s legal system has long been tilted in favour of women, statistical data paints a different picture that sheds light on the often-unheard struggles of men. According to the National Crime Records Bureau (NCRB) data for 2022, men accounted for 122,724 suicides, which represents 71.81% of the total suicide rate in India. These statistics suggest that men are significantly more likely to die by suicide than women, with one man taking his life every 4.45 minutes, compared to one woman every 9 minutes. In fact, the rate of suicide among married men is three times more than that of married women. In 2021 alone, 81,063 married men committed suicide, compared to 28,660 married women. These figures indicate that family problems, including marriage-related issues, are the leading causes of suicide among men in metropolitan cities, accounting for 32.5% of the total cases. Despite this, the issue of male suicide and mental health continues to be largely underreported and ignored in both cultural and academic discussions.
In India, as well as globally, there is a prevalent societal assumption that men cannot be victims of abuse or exploitation. This stereotype perpetuates the notion that men are always the perpetrators and women are always the victims, leading to the neglect of the very real issues that men face. As noted by the founder of Purush Ayog, a Delhi-based organization that advocates for men’s rights, this societal bias results in the systematic denial of support and resources for men who suffer from abuse or harassment. This mindset is not unique to India, as studies have shown that men are often more disadvantaged than women in many areas of life. For instance, a 2019 study by Stoet and Geary, which analysed data from 134 countries, found that men were more disadvantaged in 91 of these countries. This includes instances where men face discrimination and disadvantage in education, workplace policies, and even in the criminal justice system.
In France, research has shown that discrimination against men in female-dominated workplaces is often more prevalent than discrimination against women in male-dominated environments. Similar examples of reverse sexism and anti-male prejudice are common but rarely acknowledged. Despite the increasing focus on women’s issues, the mental health struggles faced by men are often downplayed or ignored. Scholars warn of a “silent epidemic” of male mental health issues, as societal expectations and legal frameworks fail to recognize the emotional and psychological challenges that men face in today’s world.
When it comes to legal matters, the situation remains equally skewed. Female perpetrators of violence, abuse, or other crimes are often given lighter sentences compared to their male counterparts. This reflects a broader societal attitude that minimizes the harm caused by women’s actions, even when they are equally harmful or damaging. This imbalance in the legal framework perpetuates the idea that men are the only ones who can be held accountable for criminal behaviour, further marginalizing men’s experiences and struggles.
Despite these challenges, it is essential to acknowledge the progress that has been made in the ongoing journey toward gender equality. The liberalization and empowerment of women are crucial for the development of a progressive society, and these efforts must continue. However, gender equality cannot be achieved at the cost of male exploitation or neglect. True equality demands that the issues facing men, particularly in the realms of legal rights, mental health, and social justice, be addressed with the same urgency and compassion as those faced by women.
As gender roles and relationships evolve in modern society, it is vital that the legal framework and societal attitudes keep pace with these changes. One of the most pressing needs is the establishment of balanced matrimonial laws that do not disproportionately favour one gender over the other. With better education, greater awareness, and a more inclusive approach to feminism, it is possible to create a legal environment that treats both men and women with fairness and respect.
In particular, there is a need for the government to consider amending marriage laws to address financial complexities, disputes, and legal rights in a more equitable manner. One potential solution could be the introduction of prenuptial agreements, which would allow both parties in a marriage to clarify their financial and legal rights before entering into the union. This would not only address the complex financial issues that often arise in divorce cases but also ensure that both men and women are treated with equal respect and fairness under the law.
While the journey towards gender equality in India and beyond has made significant strides, it is crucial that the narrative of gender inequality be broadened to include the experiences of men. The legal framework must evolve to reflect the changing dynamics of modern relationships and ensure that the voices of men are heard and their struggles acknowledged. Only by addressing gender issues in a holistic and inclusive manner can we hope to create a truly equitable society for all.