How Men Can File Cases Against Domestic Violence Wife and In-Laws?

Introduction

The patriarchal structure of society and men's dominance violence  over women have long been attributed to intimate partner violence. For decades, laws, policies, and academic discourse have been shaped by this framework. However, increasing research indicates that women are also committing significant rates of violence. In addition to challenging traditional gender narratives, this revelation challenges the one-sided portrayal of victimhood in close relationships, causing much resistance. Understanding the broader reality of violence is essential to addressing it effectively.

Perspectives and Motivations of Violence

Many critics suggest that women's violence should be examined in light of a broader social context. Historically, men have held positions of power in society and intimate relationships. This context, they say, influences the motivations and impact of violence committed by women. The physical differences between men and women also impact aggression, outcomes, and reactions. When men are subjected to abuse by their partners, they suffer emotional, psychological, and social harm in addition to the physical damage caused by the abuse.

Disparities in Impact and Perception

Critics also assert that violence perpetrated by men against women causes greater damage than violence perpetrated by women against men. The physical impact of intimate partner violence on men may indeed differ, but the psychological, emotional, and financial effects cannot be ignored. Among the forms of violence that men are subjected to are coercive control, verbal humiliation, psychological degradation, and even sexual assault. Men are frequently denied adequate acknowledgement and recourse for these experiences.

Acknowledging Gender Diversity

First and foremost, society must recognize that domestic violence is gender-agnostic. Accepting this reality will allow society to move beyond stereotypes and address domestic violence holistically. Consequently, lawmakers may enact new legislation, such as a Protection of Men from Domestic Violence Act, if such acknowledgment is given. Despite the fact that such a change may require time and effort, recognition itself can assist victims, improve reporting, and provide opportunities for fair resolution.

Men's rights precedents in the courts

Indian courts have, on occasion, recognized men's rights under the Domestic Violence Act despite systemic challenges. Under Section 12 of the Act, the judiciary recognized that men could also file suits in cases such as Mohammad Zakir v. Shabana and Hiral P. Harsora v. Kusum Narottamdas Harsora. According to Article 14 of the Constitution, the restrictive phrase "adult male" in Section 2(q) of the Domestic Violence Act is unconstitutional, as it is unconstitutional in Hiralal P. Harsora v. Kusum Narottamdas Harsora (2016). As a result of this landmark judgment, men are technically eligible to be considered aggrieved parties, thereby broadening the scope of protection.

Legal Complexities and Withdrawn Judgments

Despite this, progress has not been straightforward. Justice Anand Byrareddy of the Karnataka High Court originally ruled that a husband could initiate legal action under the Domestic Violence Act. However, this order was withdrawn later, highlighting the inconsistency and hesitation in legally recognizing men as victims of domestic violence. Such reversals demonstrate how entrenched gendered perceptions of domestic violence remain, even within the judicial system. Justice is undermined when gender neutrality is not uniformly applied.

Practical realities and Legal Recourse

Domestic Violence Acts offer limited protection to men in practice; therefore, many cases filed by men are dismissed without strong evidence and compelling precedents. As a result, men who are suffering abuse often escalate their grievances to higher courts, seeking justice. It is also possible for them to file Private Complaints (PCRs) to request magistrates to direct the police to file FIRs against abusive partners and in-laws. Petitioners may allege cruelty, financial abuse, emotional manipulation, physical harm, insults, or defamation. However, without adequate societal support, pursuing these remedies remains a challenging task.

Conclusion:

The Domestic Violence Act, in its current form, is rooted in the assumption that women are victims and men are perpetrators. While this effectively protects women, it ignores men who truly suffer in silence and do not receive adequate protection. In order to ensure fairness for all, gender-neutral legal frameworks would not weaken women's protections, but rather strengthen their integrity. The issue of intimate partner violence is societal in nature rather than gender-specific, and it is therefore imperative that this truth be acknowledged. The path to inclusive justice may be long and challenging for men who have been victims of abuse, but with judicial precedents and persistent advocacy, the hope for inclusive justice continues to grow.