Author: Swati Thakur, intern at Student of the BAR. Student of ABA College of Law Dadar(w) Mumbai.
Editor: Vidya B Puthran, Student of the BAR.
1.Introduction:
Although often unnoticed or ignored, gender bias is prevalent in all legal systems across the world, and India is no exception. The consequences of gender-based bias and discrimination affect everyone, from legal professionals to women and men who seek to assert their rights through the justice system.
Gender bias can affect the atmosphere in courtrooms, the presentation of cases, the decisions of judges, and even whether cases come to court. By reducing and eventually eliminating these prejudices, the justice system has the potential to become more effective, democratic, and fair.
2. Definition:
Gender Bias refers to unfair treatment given to either men or women on basis of their Sex. In other words favoritism towards one gender over another is called Gender bias.
3. Reasons behind Gender Bias:
a) Lack of education
b) Poor medical care
c) Societal Mindset
d) Lack of employment equality
e) Lack of legal protection
4. Why Gender Biased Laws?
From ancient days, gender inequality exists in India and men are always on dominant position over women. Women had no right to take decisions in any matter and the safety of women was always a big concern and condition of women was too bad. Whenever any law is drafted lawmakers considers welfare and protection of citizens of country with focus on controlling crime, additional mindset of lawmaker is to provide more safety to women which make these laws gender biased. [[i]]
5. Gender Biased Laws in India:
As mentioned in above paragraph, purpose of women centric Gender biased laws is only to give more rights and protection to women. But in present times women take advantages of that laws and men becomes victim or criminal in the eyes of law.
There are following laws in India which sometimes works against the Men:
a) Dowry death-Section 304B,IPC –
When we talk about ‘Dowry death’ we usually refer women being harassed and taunted for money, burns, injury and finally hanged death. Society always believes that women can only be tortured but in few cases it is not true. It can be seen in some cases that wife with mala fide intension force their husband and his family for property by filing false complaint or threatening to commit suicide. [[ii]]
b) Rape-Section 375, IPC-
According to the definition given under IPC section 375 man can only commit a rape but what if women force any men for sexual intercourse. There is no law in India which defines punishment for women if she commits same crime i.e. rape .For example at workplace if women is on higher position can force any men for physical relationship. Sometimes if men refuse to have sex, women make false allegations on men of rape. [[iii]]
c) Modesty of a women-section 354 IPC:
This section deals with assault or criminal force with the intent to outrage a woman’s modesty. If men commit any kind of sexual remark, pornography, adult messages etc. which hurt the dignity of women, it is punishable under the IPC. [[iv]]
In current times women are bolder than men and we see the cases where women commit bully to men, which raises a question what about dignity of men because there is no law to protect them.
d) Adultery –Section 497, IPC:
Between married couple, if the husband commits adultery with other women, he can be prosecuted for adultery but there is no such a provision or punishment in law for women/wife if she commits adultery with another man.
e) Cruelty to Women –Section 498-A, IPC:
According to this section, if a husband and/or relative of husband tortures physically or mentally to his wife, she can file a complaint against them. However now a day’s most of the complaints are false to extort money or any other wants of women and it is important to note that there is no law against women if she commits same wrong on men.
f) Special Marriage Act-section 37:
As per Special Marriage Act, section 37 only wife is eligible to claim alimony which is unfair law and against the men. In modern days if women is also highly educated, physically fit and capable to earn independently then why constitution supports that kind of unfair laws. [[v]]
g) Hindu Adoption and Maintenance Act, 1956:
A male child is entitled to maintenance till the age of majority i.e.18 years whereas a girl child is eligible for maintenance till she gets married.
6. Important judgments:
Society’s customs and rules affect men too. There are increasing incidents where men are being harassed and tortured by women whether it is home or workplace. It is necessary to make laws which supports gender equality:
1. Sudhesh Jhaku v. K.C.Jhaku – In this case the court held that sexually assaulted men should be given the same protection of the law as given to female victims .[[vi]]
2. Joseph Shine v. Union of India: In this case the court said that section 497 unconstitutional. It was held by the Supreme Court that this section is arbitrary in nature, violates article 14 and 15 of the constitution and discriminate men and women.
The court also held that; Husband is not the master of wife .Women should be treated with equality along with men, and ancient notions of man being perpetrator and women being victim no longer hold good.[[vii]]
7. Conclusion:
In society where men always hold a strong image and women always seen like a victim, due to this perspective sometimes men are compelled not to raise voice against wrong done to them by women. The reason is gender biased laws present in India. Legal professionals and lawmakers are accountable for ensuring that gender-based stereotypes and gender biases do not affect the provision of justice in cases of rape and sexual violence. Gender neutrality is important concept and should be imbibed by Indian law because “Crime has no gender”.
Endnote: [i] 10 Causes of Gender Inequality, Human Rights Careers https://www.humanrightscareers.com/issues/causes-gender-inequality/ [ii]304BDowryDeath,IndianPenalCode,1860,AdvocateKhoj https://www.advocatekhoj.com/library/bareacts/indianpenalcode/304b.php?Title=Indian%20Penal%20Code%201860&STitle=Dowry%20death [iii] Indian Penal Code 1860,Section 375,Latestlaws.com https://www.latestlaws.com/bare-acts/central-acts-rules/ipc-section-375-rape/ [iv] https://www.quetext.com/results/b1fe7e698d30673b8485 [v]Urvi Maheshwari,9 Gender-Biased Indian Laws that are Unfair Towards Men, Scoopwhoop (Jun 09,2015,at 11:34) https://www.scoopwhoop.com/inothernews/gender-biased-laws-in-india/ [vi] Arjit Mishra ,Gender Neutral Rape Laws: Need of the Hour ,The Criminal Law Blog,(May 1,2020) ,Smt. Sudesh Jhaku vs K.C.J. And Others on 23 May, 1996 https://criminallawstudiesnluj.wordpress.com/2020/05/01/gender-neutral-rape-laws-need-of-the-hour/1998 [vii] Harsh Kumar, Gender Biased Laws in India, Legal Service India, http://www.legalserviceindia.com/legal/article-3358-gender-biased-laws-in-india.html
Very helpful # Swati Thakur .