Introduction
The Protection of Women from Domestic Violence Act (PWDVA), 2005 is a landmark Indian law aimed at safeguarding women from various forms of abuse within domestic settings. It offers protection against physical, emotional, sexual, verbal, and economic abuse. The Act provides immediate relief through protection orders, residence rights, and maintenance for aggrieved women. Its primary goal is to ensure quick civil remedies for victims and prevent further harm.
However, over the years, a growing debate has emerged regarding the exclusion of men under this law. Many argue that domestic violence is not gender-specific and that men can also be victims of abuse at the hands of wives or other female family members. Critics claim that the Act’s gender-specific nature violates the principles of equality under the Constitution. Some men’s rights activists have even demanded a gender-neutral domestic violence law or a separate mechanism for male victims.
Can Men File a Domestic Violence Case in India?
No, men cannot file a case under the Protection of Women from Domestic Violence Act (PWDVA), 2005. This law only protects women. It defines “aggrieved person” as a woman. Men are not covered under this Act.
Courts and the law have consistently upheld that the PWDVA is meant only for women. The Supreme Court has affirmed this. Even if some lower courts entertained men’s complaints under this Act, higher courts have dismissed them.
What Can Men Do If They Face Domestic Abuse?
Though men cannot use the PWDVA, they can take action through other laws. Here are legal options available to male victims in India:
File a Case Under the IPC
Men can file criminal complaints under the Indian Penal Code (IPC). Common sections include:
Section 323 – Causing hurt
Section 506 – Criminal intimidation
Section 320 – Grievous hurt
Sections 349 to 357 – Assault, criminal force, etc.
These offences are punishable with jail, fines, or both.
Approach the Police
Men can dial 100 or visit a police station to file a First Information Report (FIR). Police can take action for physical, emotional, or financial abuse.
Get a Medical Legal Report
If there are physical injuries, visit a government hospital. A medical report can help support legal proceedings.
Use the Hindu Marriage Act
Men can seek remedies under marriage laws:
Section 9 – Restitution of conjugal rights
Section 13 – Divorce due to cruelty
Section 24 – Maintenance during court proceedings
File a Private Complaint in Court
Under Section 200 of the CrPC, men can file a direct complaint before a Magistrate. This route bypasses police delays or refusal.
Report to Human Rights Commissions
If the police do not act, men can approach the National or State Human Rights Commissions. These bodies can help in abuse cases involving violation of rights.
Use Constitutional Remedies
Men can file a writ petition under Article 21 (Right to life and liberty). This is useful when their safety or basic rights are under threat.
Defensive Legal Actions
If a man faces false allegations, he can:
Seek discharge under Section 227 CrPC
File counter-cases under Section 120B IPC (criminal conspiracy)
These steps help protect men from misuse of the law.
Challenges Male Victims Face
Men face many barriers when reporting domestic abuse:
Societal stigma often silences them
Police may dismiss their complaints
Laws are not gender-neutral
Burden of proof is heavier on men
India lacks a specific law for male victims. Legal reforms are needed to offer equal protection for all genders.
Hiral P. Harsora v. Kusum Narottamdas Harsora (2016)
In the landmark case of Hiral P. Harsora v. Kusum Narottamdas Harsora, the Supreme Court of India addressed the constitutional validity of Section 2(q) of the Domestic Violence Act, 2005. This section initially allowed only adult male persons to be made respondents in domestic violence cases. The petitioners argued that such a limitation violated the right to equality under Article 14 of the Constitution. The Supreme Court agreed and struck down Section 2(q), making it possible for women to also be named as respondents under the Act. However, the Court did not alter the definition of “aggrieved person,” which remains restricted to women. Therefore, while the DV Act can now be used against both men and women, only women can file complaints under it. The ruling was significant in promoting gender equality in terms of accountability but did not extend protection to male victims under the Act.
Jitendra S. Shinde v. State of Maharashtra (2020)
In Jitendra S. Shinde v. State of Maharashtra, the Bombay High Court dealt with a petition filed by a man who claimed to be a victim of domestic abuse and sought protection under the DV Act. The petitioner requested that the Court recognize men as aggrieved persons under the Act and provide similar remedies available to women. However, the Court dismissed the petition, holding that the language of the statute clearly defines only women as aggrieved persons. It reaffirmed that the Domestic Violence Act is a welfare legislation enacted specifically for the protection of women, and any extension to include male victims would require legislative amendment. This case underscored the judicial interpretation that the DV Act remains a gender-specific law and is not open to reinterpretation by courts to include men as victims.
Kush Kalra v. Union of India, W.P.(C) – Delhi High Court
In the case of Kush Kalra v. Union of India, the petitioner approached the Delhi High Court seeking to make several laws, including the Domestic Violence Act, gender-neutral. The petitioner argued that laws protecting only women ignored the existence of male victims of domestic abuse and violated the constitutional principle of equality. The High Court acknowledged the concern but stated that it was beyond the judiciary’s jurisdiction to rewrite the statute. The Court directed the petitioner to present the issue before the appropriate legislative bodies. Although the petition did not succeed in changing the law, it reignited the conversation on the need for inclusive protection under domestic violence laws and emphasized the role of Parliament in bringing about such change.
Conclusion
The PWDVA protects only women. Men who suffer abuse must turn to alternative legal routes. While support exists, the absence of a gender-neutral domestic violence law creates a legal gap. Legal reforms and greater awareness are essential to protect male victims of abuse.
