Legal Rights of Men in India: Need for a Gender Justice System

Abstract

The Indian Constitution enshrines equality, justice, and protection against discrimination through Articles 14, 15, 21, and 39A. At the same time, several laws relating to domestic violence, dowry offences, maintenance, and cruelty have been enacted to protect women from gender-based discrimination. However, the question arises whether men have comparable legal rights in similar situations. The article discusses the legal rights of men in India and highlights the need for gender-just laws that protect both men and women. It also focuses on the constitutional rights provided to both genders. It analyses the provisions of the relevant laws, including Section 85 of the Bharatiya Nyaya Sanhita, 2023 (Section 498A of the Indian Penal Code, 1860), the Protection of Women from Domestic Violence Act, 2005, Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 concerning maintenance, the Dowry Prohibition Act, 1961, and other acts. Furthermore, the article cites the judgments of the cases Arnesh Kumar v. State of Bihar, Sushil Kumar Sharma v. Union of India, Rajesh Sharma v. State of Uttar Pradesh, and Social Action Forum for Manav Adhikar v. Union of India to demonstrate the responses of the judiciary to the issues of gender discrimination and misuse of legal protection. The article concludes that India must strive for justice-based laws, which would provide equality and protection to both genders and prevent the misuse of the existing legal provisions for domestic violence, dowry offences, maintenance, and cruelty.