Men are the ‘new second-class' citizens?

By S R Ranjan: “If we do not maintain justice, justice will not maintain us,” said an English philosopher, who began his professional life as lawyer and then served as the as Attorney General under King James I. Here, Bacon's words suggest that justice is a timeless and essential concept in human society, acting as the cornerstone of fairness, equality, and order. This is also ensured as the fundamental principle in the legal framework of The Constitution of India with “Justice” and “Equality” secured to all its citizens.

The Indian Constitution upholds equality and forbids gender-based prejudice. The Constitution of India’s Fundamental Rights Article 14 reads as: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”. However, in India, gender-biased laws and the legal system have made the men the ‘new’ second-class citizens. It has been forgotten that Men Too are equal and have same human rights. From the office to the marital life, sexual abuse, rape, matrimonial disputes, domestic violence and child custody, men have turned into second-class citizens.

Today, what we call as the ‘era of 21^st Century’, the society has evolved and changed with people’s empowerment, equality of opportunities, professional and personal liberty. The old stereotype perception of the society and the generalized belief about a particular category of people or gender is no longer a reality nor is true based on objective reality. We have to revisit gender stereotype views and ascribing to a generalized preconception and characteristics possessed by men or women. For this, the laws, the legal system and the functions of the legislative and executive bodies and commissions must be made Gender-neutral and justice should be served as equality. 

The ‘Doers’ and the ‘Receivers’ play a subjective role and cannot be gender stereotyped or generalized. Across the world, in most countries, including India, men are treated as a ‘new second-class’ citizens. Why men are mostly considered as ‘the perpetrators’ and women ‘the victims’. In most relationships, research and studies across countries show that men are most often considered guilty and the sole perpetrators. In India too, the existing legal system predominantly presumes that women are the victims and males are the perpetrators and ignores the diversity of experiences and identities among genders.

A research study shows that in India, gender prejudices are frequently reflected in the legal definitions and penalties for crimes like rape and domestic violence, feeding prejudice and maintaining inequality. While acknowledging and addressing the atrocities women have faced, unique vulnerabilities that women experience is important, it is also crucial to recognize that men too can become victims of similar hardships and crimes. A recent National Crime Records Bureau (NCRB) data for Indian men offers a change in the characteristic pattern of suicide deaths. According the NCRB data, across the country, a man commits suicide every 4.45 minutes while a woman every 9 minutes, which apparently creates speculations on who is more vulnerable gender. The data shows that the rate of committing suicide among married men is three times that of married women. This also indicates that today men are becoming the more depressing people who succumb to social, family and personal pressure? Statistics also indicate that men are also victims of domestic violence.

In India, people’s lives are significantly impacted by gender-specific laws, regulations, especially in family-related issues like divorce, alimony and maintenance payments and child custody.  These laws and regulations mostly maintain inequalities and reinforce traditional gender norms. For example, maintenance and alimony laws often assume that women are economically dependent on men and need financial support after a divorce or separation. But, it is equally important to recognize that men can also be in need of financial support. Gender-neutral laws would ensure that financial support is determined based on the actual needs and circumstances of individuals, rather than assuming gender-based roles, states the study. Child custody rules give mothers’ rights the upper hand over fathers’. Gender-neutral laws would change the emphasis to the child’s welfare and encourage shared parenting and guarantee that both parents have an equal chance to keep up deep connections with their children. Men cannot be considered as ‘second-class’ citizens in such matters.

India needs gender-neutral laws and legal system. Legislative changes are essential for gender-neutral laws to be implemented successfully. When we talk about Uniform Civil Code (UCC) and its implementation, then why should the question of gender-neutral laws not be considered? Why there is one law for the men or husband and another law for the women or wife in the society or family? The study states that to ensure the efficient enforcement of gender-neutral laws, enhancing legal aid services, creating oversight organizations, and training law enforcement officials, judges, and other key stakeholders would strengthen these processes.

In India, a ‘National Commission for Men’ is needed in the country not just because men constitute around 51% of its population, but at least to understand and solve the problems of Men Too, which are generally ignored, not discussed in society. In the country, there are virtually no laws, any organization or commission where a man can go to seek any lawful or legal remedy for his problems.

The new Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Bill that is to replace the IPC, CrPC and the Evidence Act respectively must be made gender-neutral and must endorse justice as equality for both men and women and contain protection laws for Men Too.

 
- S.R.Ranjan

(Singh Rakesh Ranjan)
A Journalist

(Representational images, sources)