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The men's rights movement in India is composed of various independent men's rights organisations in
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
. Proponents of the movement support the introduction of
gender-neutral Gender neutrality (adjective form: gender-neutral), also known as gender-neutralism or the gender neutrality movement, is the idea that policies, language, and other social institutions (social structures or gender roles) should avoid distinguish ...
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to a ...
and repeal of laws that they consider are biased against men. Indian men's rights activists are organised around legal issues such as anti-dowry laws,
divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
, and
child custody Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the righ ...
, which they believe are biased against men. They also assert that the frequency of domestic violence against men has increased with 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 they 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 International Men's Day (IMD) is a global holiday celebrated annually on November 19 to recognize and celebrate the cultural, political, and socioeconomic achievements of men. The objectives of celebrating an International Men's Day are set ou ...
for the first time in India.


2006–2010

In September 2008, SIFF filed a complaint against a Kitply
plywood Plywood is a material manufactured from thin layers or "plies" of wood veneer that are glued together with adjacent layers having their wood grain rotated up to 90 degrees to one another. It is an engineered wood from the family of manufactured ...
commercial to the
Advertising Standards Council of India The Advertising Standards Council of India (ASCI) is a voluntary self-regulatory organization of the advertising industry in India. Established in 1985, ASCI is registered as a non-profit company under section 25 of the Company Act. ASCI is com ...
, 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 Pond's is an American brand of beauty and health care products, currently owned by Unilever. History Pond's Cream was invented in the United States as a patent medicine by pharmacist Theron T. Pond (1800–1852) of Utica, New York, in 1846. M ...
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
cricket Cricket is a bat-and-ball game played between two teams of eleven players on a field at the centre of which is a pitch with a wicket at each end, each comprising two bails balanced on three stumps. The batting side scores runs by striki ...
er
Shoaib Malik Shoaib Malik ( Punjabi, ur, ; born 1 February 1982) is a Pakistani cricketer who plays for the Pakistan national cricket team and currently plays for Karachi Kings in the Pakistan Super League (PSL). He was the captain of the Pakistan national ...
was accused of
adultery Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...
by a woman from
Hyderabad Hyderabad ( ; , ) is the capital and largest city of the Indian state of Telangana and the ''de jure'' capital of Andhra Pradesh. It occupies on the Deccan Plateau along the banks of the Musi River, in the northern part of Southern India. ...
, Ayesha Siddiqui, just prior to his marriage to tennis player
Sania Mirza Sania Mirza (; born 15 November 1986) is an Indian professional tennis player. A former doubles world No. 1, she has won six major titles – three in women's doubles and three in mixed doubles. From 2003 until her retirement from singles in ...
, SIFF released a statement in support of Malik demanding that his
passport A passport is an official travel document issued by a government that contains a person's identity. A person with a passport can travel to and from foreign countries more easily and access consular assistance. A passport certifies the persona ...
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 Renuka Chowdhury (born 13 August 1954) is an Indian politician and a member of the Indian National Congress, she represented the political party in the Rajya Sabha from Andhra Pradesh. She has also served as the Union minister of State (Indepe ...
, 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 The Government of India ( ISO: ; often abbreviated as GoI), known as the Union Government or Central Government but often simply as the Centre, is the national government of the Republic of India, a federal democracy located in South Asia, ...
. 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 Manmohan Singh (; born 26 September 1932) is an Indian politician, economist and statesman who served as the 13th prime minister of India from 2004 to 2014. He is also the third longest-serving prime minister after Jawaharlal Nehru and Indi ...
's intervention in the matter. In late 2012, Satyamev Jayate, an Indian TV show hosted by actor
Aamir Khan Mohammed Aamir Hussain Khan (; born 14 March 1965) is an Indian actor, film director and producer who works in Hindi films. Through his career spanning over 30 years, Khan has established himself as one of the most notable actors of Indian ci ...
, 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 Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner v ...
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 The blogosphere is made up of all blogs and their interconnections. The term implies that blogs exist together as a connected community (or as a collection of connected communities) or as a social networking service in which everyday authors can ...
, 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 Arackaparambil Kurien Antony (born 28 December 1940) is an Indian politician and attorney who was the 23rd Defence Minister of India. He was Member of Parliament in the Rajya Sabha, from Kerala from 1985 to 1995 and again from 2005 to 2022. He ...
. According to Amartya Talukdar, the bill, which introduces the concept of
no-fault divorce In a no-fault divorce the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage w ...
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 Kolkata (, or , ; also known as Calcutta , the official name until 2001) is the capital of the Indian state of West Bengal, on the eastern bank of the Hooghly River west of the border with Bangladesh. It is the primary business, commerc ...
, 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 a no-fault divorce the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage w ...
in the
Hindu Marriage Act The Hindu Marriage Act is an Act of the Parliament of India enacted in 1955 which was passed on 18th of May. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the H ...
by wearing
sari A sari (sometimes also saree or shari)The name of the garment in various regional languages include: * as, শাৰী, xārī, translit-std=ISO * bn, শাড়ি, śāṛi, translit-std=ISO * gu, સાડી, sāḍī, translit-std ...
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
uniform civil code The Uniform Civil Code (Hindi: समान नागरिक संहिता, IAST: Samāna Nāgarika Saṃhitā) is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless o ...
instead of being applicable only to
Hindus Hindus (; ) are people who religiously adhere to Hinduism.Jeffery D. Long (2007), A Vision for Hinduism, IB Tauris, , pages 35–37 Historically, the term has also been used as a geographical, cultural, and later religious identifier for ...
. 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 General elections were held in India in nine phases from 7 April to 12 May 2014 to elect the members of the 16th Lok Sabha. With 834 million registered voters, they were the largest-ever elections in the world until being surpassed by the 2019 ...
, on 11 January 2014, National Coalition for Men in
Kolkata Kolkata (, or , ; also known as Calcutta , the official name until 2001) is the capital of the Indian state of West Bengal, on the eastern bank of the Hooghly River west of the border with Bangladesh. It is the primary business, commerc ...
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 "None of the above" (NOTA), or none for short, also known as "against all" or a "scratch" vote, is a ballot option in some jurisdictions or organizations, designed to allow the voter to indicate disapproval of the candidates in a voting system. ...
" (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 A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
party and the
Communist Party of India Communist Party of India (CPI) is the oldest Marxist–Leninist communist party in India and one of the nine national parties in the country. The CPI was founded in modern-day Kanpur (formerly known as Cawnpore) on 26 December 1925. H ...
. 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 The Samajwadi Party ( SP; translation: ''Socialist Party'', founded 4 October 1992) is a socialist political party in India, headquartered in New Delhi but mainly based in Uttar Pradesh, with significant presence in other states as well. With a ...
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 Mumbai (, ; also known as Bombay — the official name until 1995) is the capital city of the Indian state of Maharashtra and the ''de facto'' financial centre of India. According to the United Nations, as of 2018, Mumbai is the second-m ...
-based Vaastav Foundation released a calendar called a "Malendar" marking male-oriented days such as
Father's Day Father's Day is a holiday of honoring fatherhood and paternal bonds, as well as the influence of fathers in society. In Catholic countries of Europe, it has been celebrated on 19 March as Saint Joseph's Day since the Middle Ages. In the United ...
and
International Men's Day International Men's Day (IMD) is a global holiday celebrated annually on November 19 to recognize and celebrate the cultural, political, and socioeconomic achievements of men. The objectives of celebrating an International Men's Day are set ou ...
. 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 Snakes are elongated, limbless, carnivorous reptiles of the suborder Serpentes . Like all other squamates, snakes are ectothermic, amniote vertebrates covered in overlapping scales. Many species of snakes have skulls with several more joints ...
which they referred to it as the 'snake of
misandry Misandry () is the hatred of, contempt for, or prejudice against men. Men's rights activists and other masculinist groups have criticized modern laws concerning divorce, domestic violence, the draft, circumcision (known as genital mutilation ...
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 A documentary film or documentary is a non-fictional motion-picture intended to "document reality, primarily for the purposes of instruction, education or maintaining a historical record". Bill Nichols has characterized the documentary in ter ...
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


The 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 The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established i ...
was introduced in 1983. The Section 498A of the Indian Penal Code which deals with cruelty to a wife states that: 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 The Supreme Court of India (IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters e ...
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 In communications and information processing, code is a system of rules to convert information—such as a letter, word, sound, image, or gesture—into another form, sometimes shortened or secret, for communication through a communication ...
, 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 The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established i ...
, 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 of 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 Tihar Prisons, also called Tihar Jail and Tihar Ashram, is a prison complex in India and the largest complex of prisons in South Asia. Run by Department of Delhi Prisons, Government of Delhi, the prison contains nine central prisons, and is one ...
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 Overseas Indians ( IAST: ), officially Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) are Indians who live outside of the Republic of India. According to the Government of India, ''Non-Resident Indians'' are citizens of Ind ...
(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 A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
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 A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
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 Law Commission of India is an executive body established by an order of the Government of India. The Commission's function is to research and advise the Government of India on legal reform, and is composed of legal experts, and headed by a reti ...
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 In communications and information processing, code is a system of rules to convert information—such as a letter, word, sound, image, or gesture—into another form, sometimes shortened or secret, for communication through a communication ...
, 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 getting 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.


Proposed amendments

In 2014, the
National Commission for Women The National Commission for Women (NCW) is the statutory body of the Government of India, generally concerned with advising the government on all policy matters affecting women. It was established on 31 January 1992 under the provisions of the I ...
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 Maneka Sanjay Gandhi (also spelled Menaka; ''née'' Anand) (born 26 August 1956) is an Indian politician, animal rights activist, and environmentalist. She is a member of the Lok Sabha, the lower house of the Indian parliament and a member of ...
, told the
Lok Sabha The Lok Sabha, constitutionally the House of the People, is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-past- ...
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 to . 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 Andhra Pradesh (, abbr. AP) is a state in the south-eastern coastal region of India. It is the seventh-largest state by area covering an area of and tenth-most populous state with 49,386,799 inhabitants. It is bordered by Telangana to the ...
made it compoundable, the number of case rose by 150% and conviction rate fell by 400%.
Maneka Gandhi Maneka Sanjay Gandhi (also spelled Menaka; ''née'' Anand) (born 26 August 1956) is an Indian politician, animal rights activist, and environmentalist. She is a member of the Lok Sabha, the lower house of the Indian parliament and a member of ...
, 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 death Dowry deaths are deaths of married women who are murdered or driven to suicide over disputes about dowry. Dowry deaths are found predominantly in India, Pakistan, Bangladesh, and Iran.. Around 87,000 women were killed around the world last yea ...
s 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 Shared parenting, shared residence, joint residence, shared custody, joint physical custody, equal parenting time (EPT) is a child custody arrangement after divorce or separation, in which both parents share the responsibility of raising their ...
or
joint custody Joint custody is a form of child custody pursuant to which custody rights are awarded to both parents. Joint custody may refer to ''joint physical custody'', ''joint legal custody'', or both combined. In joint legal custody, both parents of a c ...
. 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 Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid d ...
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 Shared parenting, shared residence, joint residence, shared custody, joint physical custody, equal parenting time (EPT) is a child custody arrangement after divorce or separation, in which both parents share the responsibility of raising their ...
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 The Supreme Court of India (IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters e ...
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 The High Court of Delhi (IAST: ''dillī uchcha nyāyālaya'') was established on 31 October 1966, through the ''Delhi High Court Act, 1966'', with four judges, Chief Justice K. S. Hegde, Justice I. D. Dua, Justice H. R. Khanna and Justice S. ...
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 monthly alimony to his wife. The man had pointed out that his wife was earning 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 as alimony. The man pointed out that he was an expatiate working as a sales manager in
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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 in total as alimony per month by a lower. After an appeal from his wife, he was asked to pay by another court which took into consideration his net assets. The man had challenged this decision by pointing out his monthly salary was . The court reduced the alimony sum to per and stated that a man's parents and sibling also have a stake in his assets. In October 2010,
Supreme Court of India The Supreme Court of India (IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters e ...
passed a judgment according to which long-term live-in relationships will be considered as marriage. The female spouse then can claim
alimony Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial sup ...
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 per month but was choosing to remain unemployed, and denied any alimony to her. However, the court ordered the husband to pay towards child support. On 12 September 2013, the
Karnataka High Court Karnataka (; ISO: , , also known as Karunāḍu) is a state in the southwestern region of India. It was formed on 1 November 1956, with the passage of the States Reorganisation Act. Originally known as Mysore State , it was renamed ''Karnata ...
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

In 2010, a proposed
amendment An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. They ...
to the
Hindu Marriage Act The Hindu Marriage Act is an Act of the Parliament of India enacted in 1955 which was passed on 18th of May. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the H ...
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 Gynophobia or gynephobia is a morbid fear of women, a type of specific social phobia. In the past, the Latin term horror feminae was used. Gynophobia should not be confused with misogyny, the hatred, contempt for and prejudice against women, al ...
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 The All India Trinamool Congress (English: All India Grassroots Congress; AITC), colloquially the Trinamool Congress ( TMC) is an Indian political party which is predominantly active in West Bengal. The party is led by Mamata Banerjee, the cur ...
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 The Samajwadi Party ( SP; translation: ''Socialist Party'', founded 4 October 1992) is a socialist political party in India, headquartered in New Delhi but mainly based in Uttar Pradesh, with significant presence in other states as well. With a ...
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 The Nationalist Congress Party ( NCP) is one of the nine national parties in India. The party generally supports Indian nationalism and Gandhian secularism. It is the largest opposition party in Maharashtra and is also a significant party in ...
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 The Uniform Civil Code (Hindi: समान नागरिक संहिता, IAST: Samāna Nāgarika Saṃhitā) is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless o ...
. Why is it only for the Hindus?" The Bill was passed by the
Rajya Sabha The Rajya Sabha, constitutionally the Council of States, is the upper house of the bicameral Parliament of India. , it has a maximum membership of 245, of which 233 are elected by the legislatures of the states and union territories using ...
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. , the Bill has not been passed in the
Lok Sabha The Lok Sabha, constitutionally the House of the People, is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-past- ...
.


Consultation Paper on Shared Parentage

In November 2014, the
Law Commission of India Law Commission of India is an executive body established by an order of the Government of India. The Commission's function is to research and advise the Government of India on legal reform, and is composed of legal experts, and headed by a reti ...
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 Flavia Agnes is an Indian women's rights lawyer with expertise in marital, divorce, and property law. She has published articles in the journals ''Subaltern Studies'', '' Economic and Political Weekly'', and '' Manushi.'' She writes on them ...
, an attorney and women's rights activist, opposed the shared parenthood law consultation paper floated by the
Law Commission of India Law Commission of India is an executive body established by an order of the Government of India. The Commission's function is to research and advise the Government of India on legal reform, and is composed of legal experts, and headed by a reti ...
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 The Ministry of Health and Family Welfare is an Indian government ministry charged with health policy in India. It is also responsible for all government programs relating to family planning in India. The Minister 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 spouse, girlfriends and parents. The draft is called Saving Men from Intimate Terror Act (SMITA) and the groups aim to introduce in 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 Jabalpur is a city situated on the banks of Narmada River in the state of Madhya Pradesh, India. According to the 2011 census, it is the third-largest urban agglomeration in Madhya Pradesh and the country's 38th-largest urban agglomeration. J ...
, Amarkantak and Hoshangabad region of
Madhya Pradesh Madhya Pradesh (, ; meaning 'central province') is a state in central India. Its capital is Bhopal, and the largest city is Indore, with Jabalpur, Ujjain, Gwalior, Sagar, and Rewa being the other major cities. Madhya Pradesh is the second l ...
reports a large number of
sadhus ''Sadhu'' ( sa, साधु, IAST: ' (male), ''sādhvī'' or ''sādhvīne'' (female)), also spelled ''saddhu'', is a religious ascetic, mendicant or any holy person in Hinduism, Buddhism, and Jainism who has renounced the worldly life. The ...
who have left their marriages to become holy men or yoghis. 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 lockdown in India amid COVID-19, domestic violence over man has increased tremendously. As many as 1,774 men from 22 states across India reached out 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 Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...
, UK and France, India has a much higher conviction rate.


Suicide

According to the
National Crime Records Bureau The National Crime Records Bureau, abbreviated to NCRB, is an Indian government agency responsible for collecting and analyzing crime data as defined by the Indian Penal Code (IPC) and Special and Local Laws (SLL). NCRB is headquartered in New ...
(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 Matrilineality is the tracing of kinship through the female line. It may also correlate with a social system in which each person is identified with their matriline – their mother's lineage – and which can involve the inheritance o ...
. 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 The men's rights movement (MRM) is a branch of the men's movement. The MRM in particular consists of a variety of groups and individuals (men's rights activists or MRAs) who focus on general social issues and specific government services which ...
* Nisha Sharma dowry case, acquittal in 2012. *
Violence against men Violence against men is a term for violent acts that are disproportionately or exclusively committed against men or boys. Men are over-represented as both perpetrators and victims of violence. Perceptions and aspects Studies of social attitud ...


References

{{Portal bar, India Men's movement in India Men's rights