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Analysing Recommendations for Legal Reform and Exploring Statistics on Domestic Violence Against Men in India

Article by Advocate Maya Gopal

This article aims to analyse recommendations for legal reform in India concerning domestic violence, specifically addressing the need for a more gender-neutral approach, and to explore the available statistical data on domestic violence against men to provide a more complete and nuanced understanding of this complex issue.

A. Recommendations for Legal Reform in India

  1. A significant proposal involves the establishment of a dedicated National Men's Commission (NMC). This proposed government body would be specifically tasked with addressing the grievances of men related to domestic abuse, false allegations in matrimonial cases, and various forms of legal harassment.
  2. The NMC's envisioned functions draw parallels with the existing National Commission for Women (NCW) but would focus specifically on ensuring that men's concerns are acknowledged, addressed, and integrated into a balanced legal and social framework.
  3. Key objectives of the NMC would include working towards the enactment of gender-neutral laws and conducting reviews of existing legislation to ensure fair implementation and prevent the misuse of laws such as Section 498A IPC now under BNS (related to dowry harassment) and the PWDV Act.
  4. Additionally, the NMC would aim to establish essential support systems for male victims, such as helplines, counselling services, and safe shelters for men experiencing domestic violence, emotional abuse, or harassment.
  5. Recognizing the psychological toll of abuse and societal pressures on men, the commission would also focus on raising awareness and providing psychological support for men dealing with stress, depression, and societal expectations that often discourage emotional expression.
  6. Investigating false complaints, supporting individuals wrongly accused in domestic violence cases, and recommending legal reforms to prevent the misuse of protective laws would also be crucial functions of the NMC.
  7. To inform policy and intervention strategies, the commission would conduct research on critical issues such as male suicide rates, workplace harassment, and the prevalence of domestic violence against men.
  8. Finally, the NMC would advocate for greater fairness in family law matters, including child custody, alimony, and divorce cases, aiming to ensure that fathers are not unfairly disadvantaged. While the establishment of such a commission could provide much-needed institutional support for men facing these challenges, a plea for its constitution was rejected by the Supreme Court, highlighting the complexities and potential resistance to such a body.
  9. Another significant recommendation involves the enactment of a specific Protection of Men Against Domestic Violence (PMDV) Act. This proposed legislative framework aims to provide legal recourse to men who experience abuse within marital relationships. The core features of the PMDV Act would include a comprehensive definition of domestic violence against men, encompassing physical, emotional, sexual, financial, and verbal abuse inflicted upon men in relationships. A critical aspect of the proposed act is its emphasis on gender-neutral protection, ensuring that legal safeguards are available to all survivors of domestic violence, regardless of their gender.
  10. Specific provisions within the act would include protection orders for men facing domestic violence, legal remedies to address false allegations, and the provision of counselling services and support groups tailored to the needs of male victims. Furthermore, the proposal suggests the establishment of safe houses and rehabilitation centres specifically for male survivors of domestic violence, along with dedicated counselling and mental health support services.
  11. The rationale behind advocating for a PMDV Act stems from the recognition that male victims of domestic violence currently lack specific legal protection under Indian law. The act aims to address this gap, prevent the misuse of existing laws like Section 498A and the PWDV Act against men, provide essential support for the mental health of abused men, and address potential biases in child custody and visitation rights.
  12. Recommendations include the imposition of fines and imprisonment as deterrents against the misuse of these laws, thereby upholding the integrity of the justice system.

B. Statistical Analysis of Domestic Violence Against Men in India

Analysing available statistical data is crucial to understanding the prevalence and nature of domestic violence against men in India, although comprehensive official statistics specifically focused on this issue remain limited.

  • Data from the National Crime Records Bureau (NCRB) provides some insights, particularly concerning male suicides linked to family problems and marriage-related issues.
  • Between 2017 and 2022, approximately 3.4 percent of male suicides were attributed to marriage-related problems.
  • In 2021, around 33.2 percent of men who ended their lives cited family problems as a contributing factor.
  • Notably, the overall number of male suicides in India is significantly higher than that of female suicides.
  • While the NCRB data does not include a specific category for suicides directly caused by false domestic violence cases, the substantial number of male suicides related to family and marital discord suggests a significant level of distress and potential victimization experienced by men within domestic settings.
  • However, the Supreme Court has cautioned against interpreting these suicide statistics as presenting a solely one-sided view, emphasizing the multifaceted nature of suicide and the need to consider various underlying factors. (Source: Journal of Biosocial Science (2023), Cambridge University Press.)
  • Beyond official statistics, several research studies have explored the prevalence of domestic violence against men in India. A study conducted in rural Haryana indicated that a significant proportion of men, around 52.4 percent, had experienced spousal violence at least once in their lifetime. These studies often report on different forms of violence, with emotional violence frequently cited as the most common, followed by physical and then sexual violence. Researchers have identified several risk factors associated with spousal violence against men, including lower income, education up to the middle school level, living in a nuclear family setup, and the influence of alcohol. Some studies even suggest that the prevalence of male partner violence in India might be higher compared to some developed countries. These independent research findings suggest that domestic violence against men in India is a more significant issue than often acknowledged, with a considerable number of men experiencing various forms of abuse from their wives or intimate partners.
  • However, it is important to acknowledge the limitations of the currently available official statistics on domestic violence against men in India. Comprehensive official data specifically focused on male victims is scarce, hindering a full understanding of the problem's scope. Several factors contribute to the underreporting of domestic violence against men, including the significant societal stigma associated with male victimization, the fear of ridicule or not being taken seriously, and a lack of awareness about or faith in available support systems. This lack of robust official data can lead to an underestimation of the issue's true extent in policy and legal discussions.
Source Year(s) Statistic Key Findings/Details
NCRB 2017-2022 Male suicides due to marriage-related problems 3.4% of male suicides
NCRB 2021 Male suicides due to family problems Approximately 33.2% of male suicides
Study in Rural Haryana Not Specified Men experiencing spousal violence at least once in their lifetime 52.4%
Study in Rohtak, Delhi (funded by ICMR) Not Specified Males subjected to violence by spouse 51.5% out of a sample of 1000 males
Study in Haryana (Nadda et al., 2018) Not Specified Men experiencing spousal violence in the last 12 months 10.5%
National Family Health Survey (NFHS 4) Not Specified Prevalence of physical violence against husbands Findings revealed an increase in most states over time
Study in Haryana (funded by ICMR) Not Specified Emotional violence experienced by men at the hands of their wives/intimate partners at least once in lifetime 51.6%
Study in Haryana (funded by ICMR) Not Specified Physical violence experienced by men at the hands of their wives/intimate partners at least once in lifetime 6%
National Coalition Against Spousal Violence (International) Not Specified Men physically abused (slapped, pushed, shoved) One in four men
National Coalition Against Spousal Violence (International) Not Specified Men severely physically abused One in seven men

C. Challenges and Perspectives

The arguments for making domestic violence laws gender-neutral are compelling and grounded in principles of equality and fairness. A fundamental argument is that laws should provide equal protection to all individuals, irrespective of their gender, as enshrined in the Constitution. Currently, there is a perceived lack of adequate legal protection for men who experience domestic violence. Furthermore, concerns have been raised about the potential for misuse of existing gender-specific laws, which can lead to injustice and harassment. Recognizing the growing body of evidence indicating the reality of male victimization and the need for appropriate legal recourse is another key driver for advocating gender-neutral laws.

The alarming statistics on male suicides related to family and marital problems also underscore the urgency of addressing the distress faced by men in domestic settings. Rajya Sabha MP Dinesh Sharma has been a vocal advocate for gender-neutral domestic violence laws, emphasizing the need for equal protection for all individuals.

The progress towards establishing a National Men's Commission has faced significant hurdles, despite ongoing demands and advocacy efforts. Proponents argue that the commission is necessary to address the increasing number of alleged false cases filed against men and the concerning rates of male suicides linked to domestic issues.

However, the Supreme Court's rejection of a plea for its constitution indicates a cautious approach towards creating gender-specific commissions at the national level.

Nevertheless, various men's rights organizations continue to advocate for gender-neutral laws and work to address the specific challenges faced by men in India.

Conclusion

The analysis of recommendations for legal reform in India reveals a growing recognition of the need to address domestic violence against men more effectively. Proposals such as the establishment of a National Men's Commission and the enactment of a Protection of Men Against Domestic Violence Act represent significant steps towards creating a more gender-neutral and equitable legal framework. While official statistics on domestic violence against men remain limited, research studies indicate that the issue is more prevalent than often perceived, with a considerable number of men experiencing various forms of abuse.

Moving forward, it is essential to strive for a more inclusive legal framework that acknowledges and addresses the needs of all victims of domestic violence, irrespective of their gender. This requires a careful balancing of the crucial protections currently afforded to women with the urgent need to provide legal recourse and support for male victims as well. Potential steps for advancing legal reform include conducting further comprehensive research to better understand the scope and nature of domestic violence against men, launching public awareness campaigns to challenge societal stigma and encourage reporting, and undertaking thoughtful consideration of legislative amendments to existing laws or the enactment of new, gender-neutral legislation.

Ultimately, achieving true gender equality in the context of domestic violence necessitates not only legal reforms but also a fundamental shift in societal attitudes and gender norms, fostering an environment where all victims feel safe, supported, and empowered to seek help.

Sources:

  • Agarwal, V. (2020). Critical Analysis of Domestic Violence: A Gender-Neutral Study. INTERNATIONAL JOURNAL OF LAW MANAGEMENT & HUMANITIES, Volume 3
  • Chattopadhyay, A., Sharma, S. K., Vishwakarma, D., & Jungari, S. Prevalence and risk factors of physical violence against husbands: evidence from India. Journal of Biosocial Science
  • Chauhan, L., & Deol, P. Domestic Violence Against Men in India. ResearchGate.
  • Chowdhury, K. (2025, March 7). Do India's Domestic Violence Laws Discriminate Against Men? The Diplomat.
  • Malik, J. S., & Nadda, A. (2019). A Cross-sectional Study of Gender-Based Violence against Men in the Rural Area of Haryana, India. Indian Journal of Community Medicine, 44(1),

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