WHY ALWAYS HER, WHY NOT HIM??

By-Nishtha Trivedi

In India, the society thinks that India has a male dominating society . It is believed that safety of a woman is utmost important and man is a stronger sex and expects that they will take care of themselves. Accordingly, they are wrong there are men who faces problems too. Everyone thinks that rape or sexual assault is only done by the male and females are victims but who knows the truth. When is comes to child abuse we have gender neutral law on it that is Protection of Children from Sexual Offence Act,2012 (POCSO), in which both boy child and girl child are considered to be equal. What about the adults. There are males who faces the sexual assaults and even rape but they are not able to express it. If they express the usual comments they hear are “why didn’t u beat that person? you are a man”. Man have a social taboo that they are considered stronger than woman. Due to this taboo men are not getting a fair chance to have a justice. If the laws for children are gender neutral then why not for adults too. In section375 of the Indian Penal Code(IPC) states that states rape as “ Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances”. That means a rape is only done by male on female victims. why is so, why not a male can be a victim. when a male is being raped or sexually assaulted it is said that its his privilege and should not complain about it but what if it is done against his consent.

The most common example of this is about the relation of husbands and wives. If complaints are lodged at the police stations by men (husbands) or in-laws, the women (wives) will immediately lodge a complaint and even if the complaint is false, there is a solid reality that will give priority to the complaint filed by the law and the police department, wife or daughter-in-law. Although we do not mean to say that, all the complaint of women is false, but we do say that husbands and father-in-law have less legal scope to complaint against wives or daughter-in-law who take advantage of the fact that gujarati women has succeeded in mentally torturing men and their family members. We have to think upon this and do something because when injustice goes too far a terrible thing will happen were male backlash that will tear the society apart.


Most of the women do this to their husband just to have money or just want to fulfil their needs and wants. There are many cases in which we have seen that women are being harassed for dowry but have you ever seen any case regarding the women harassing men, there are very rare cases in which man complaining against woman and man are proved innocent. The taboos set by the society should be taken in the count and should be changed a bit so that those men who faces any kind of such problems can get justice.


At this stage, there is an indomitable desire to make some suggestions to feminist organizations and lawmakers, first of all to say that as neither 100 per cent men are guilty in society nor 100 per cent women are innocent.

There are many examples related to the torture given by wife to husband and his in-laws.


(1) Vinodkumar Sharma Vs Nutan Sharma (DMC 1986(1) 484 Del. HC)

(2) Kalpana Shrivastav Vs Surendranath AIR 1985 (AII) 253 = (DMC 1985(2) P. 151, AII HC)

In the case of boys it is worse since along with the trauma of being sexually abused he has to battle the stigma of not being ‘manly enough’. The laws are made to protect woman and their rights but there are many women out there who misuse their power for their benefits. there are females who blackmail the males by saying “if you don’t do as I say I will report a complaint or file a case against you” and the males out of fear do as they say.is this fair! It is not that, that only females’ rape or assault males there are males who rape of assault males but there are no remedies for males which would give them relief.


Concluding that there not only women who are getting raped and have to face sexual assault, men too suffer from similar situation. Also, it is not necessary that man gets raped by a woman he can also be raped or sexually assaulted by a man too. Men should have right to get fair justice in this matter and social taboos of man should not be there so that they can speak up and fight for own self and have justice. we should not blame males for everything females can be the culprit too. Its important to think upon it and take some action on it. We are not saying to change the laws we just want that male and females should be treated equally.


Note- Views and opinions as expressed in this article are solely of the author and Indian Legal Wing is not liable for the same. The information contained in this article is for general information purposes only. We endeavour to keep all the information up to date and try our level best to avoid any misinformation or any kind of objectionable content. If you found any misinformation or objectionable contents in this website please report us at indianlegalwing@gmail.com

INDIAN LEGAL WING

RECOGNIZED BY MSME, GOVERNMENT OF INDIA
(UDYAM- AS-22-0000196)

Hojai, Assam, 782435.

  • Indian Legal Wing
  • LinkedIn
  • Indian Legal Wing
  • Indian Legal Wing

Copyright © 2020 Indian Legal Wing - All rights reserved.