Out of the 48 countries in Asia, only four countries, Bhutan, Kazakhstan, Kyrgyzstan and South Korea and almost all of Europe and North America, have gender-neutral laws. In India, while sexual crimes against minors are covered under the POCSO Act, 2012, male adults have no such recourse to legal aid except to Section 377 of the Indian Penal Code which, too, is, arguably, vague. There is also widespread criticism that women-centric legislations, like the Dowry Prohibition Act, Domestic Violence Act and Sexual Harassment of Women at Workplace Act are rampantly misused.
Anti-dowry laws like 498A in India are frequently being misused to harass and extort husbands, and attributed this to the high suicide rate among married men in India, which is almost twice that of women.Divorce and child custody laws are biased against men. The frequency of domestic violence against men has increased in recent years, and that many cases go unreported as men feel too ashamed to report abuse, or fear false accusations against them in reprisal. Some men's rights activists also consider rape reporting laws and sexual harassment laws in India to be unfair to men.
In July 2005, the Supreme Court admitted that in many instances complaints under the Section 498a of the Indian Penal Code are not bona fide and have oblique motives. The court added that acquittal in such cases doesn't erase the suffering the defendant has to go through, which is compounded by adverse media coverage. The court also directed the legislature to find ways to check such false cases.In August 2010, the Supreme Court directed the government to amend Section 498a of the Indian Penal Code in view of the rising numbers of false or exaggerated complaints against husbands and their relatives by women. It further added that such complaints result in the husband and his relatives remaining in custody until trial or bail, which kills all chances of an amicable settlement.In January 2012, the Law Commission of India recommended that Section 498a should be made a compoundable offense. But, the court will decide if the particular case is compoundable or not.On 2 July 2014, the Supreme Court said that this law is being used by some women to harass their husband and in-laws. The court prohibited the police from making arrests on the mere basis of a complaint. The court asked the police to follow Section 41 of the Code of Criminal Procedure, 1973, which provides a 9-point checklist which must be used to decide the need for an arrest. The court also said that a magistrate must decide whether an arrested accused is needed to be kept under further detention.The decision was in response to a Special Leave Petition (SPL) filed by one Arnesh Kumar challenging his arrest and of his family under this law.However, due to lack of communication to police stations, the guidelines of Supreme Court of India are still not getting followed.
Anti-dowry laws like 498A in India are frequently being misused to harass and extort husbands, and attributed this to the high suicide rate among married men in India, which is almost twice that of women.Divorce and child custody laws are biased against men. The frequency of domestic violence against men has increased in recent years, and that many cases go unreported as men feel too ashamed to report abuse, or fear false accusations against them in reprisal. Some men's rights activists also consider rape reporting laws and sexual harassment laws in India to be unfair to men.
In July 2005, the Supreme Court admitted that in many instances complaints under the Section 498a of the Indian Penal Code are not bona fide and have oblique motives. The court added that acquittal in such cases doesn't erase the suffering the defendant has to go through, which is compounded by adverse media coverage. The court also directed the legislature to find ways to check such false cases.In August 2010, the Supreme Court directed the government to amend Section 498a of the Indian Penal Code in view of the rising numbers of false or exaggerated complaints against husbands and their relatives by women. It further added that such complaints result in the husband and his relatives remaining in custody until trial or bail, which kills all chances of an amicable settlement.In January 2012, the Law Commission of India recommended that Section 498a should be made a compoundable offense. But, the court will decide if the particular case is compoundable or not.On 2 July 2014, the Supreme Court said that this law is being used by some women to harass their husband and in-laws. The court prohibited the police from making arrests on the mere basis of a complaint. The court asked the police to follow Section 41 of the Code of Criminal Procedure, 1973, which provides a 9-point checklist which must be used to decide the need for an arrest. The court also said that a magistrate must decide whether an arrested accused is needed to be kept under further detention.The decision was in response to a Special Leave Petition (SPL) filed by one Arnesh Kumar challenging his arrest and of his family under this law.However, due to lack of communication to police stations, the guidelines of Supreme Court of India are still not getting followed.
