– Advocate Shipra Singh (High Court, Lucknow)  

      Today(In today’s world), legal rights and gender equality are essential issues that receive considerable attention. While much of the conversation revolves around women’s rights, it is equally crucial to examine the legal rights of men, particularly in a diverse and complex society like India. This article explores the challenges and triumphs regarding men’s legal rights in India, covering areas such as family law, workplace rights, and protection against false allegations.

Historically, Indian society has been patriarchal, with men often holding dominant roles in both public and private spheres. This historical context has shaped the legal framework, which has evolved to address the changing dynamics of gender roles. Initially focused on empowering women and addressing gender-based discrimination, recent decades have seen growing awareness of the need to protect men’s rights as well.

Ø Family Law and Men’s Rights:

· Divorce and Alimony: Family law, particularly concerning divorce and alimony, is a primary area where men’s rights are examined. The Hindu Marriage Act of 1955, the Special Marriage Act of 1954, and the Indian Divorce Act of 1869 govern divorce procedures in India, traditionally favoring women, especially in alimony and child custody cases.

v Challenges:

(i) Alimony and Maintenance: Men often face significant financial burdens post-divorce due to alimony and maintenance orders. The Maintenance of Wives, Children, and Parents Act of 1956 (The Hindu Adoptions and Maintenance Act,1956), obligates men to provide financial support to their estranged wives, sometimes leading to financial strain.

(ii) Child Custody: Custody laws have traditionally favored mothers, leading to challenges for fathers seeking custody or visitation rights. The Guardians and Wards Act of 1890, although gender-neutral on paper, often results in mothers being awarded primary custody.

v Triumphs:

(i) Joint Custody: Recent amendments and judicial pronouncements have increasingly recognized the importance of joint custody, allowing fathers more access to their children. This shift is significant in promoting the involvement of both parents in a child’s upbringing.

(ii) False Allegations: Courts have started to take a firmer stance against false allegations of domestic violence and dowry harassment under Section 85 of BNS (498A of the Indian Penal Code), offering some relief to men falsely accused.

Ø Workplace Rights :

· Gender Bias and Discrimination: 

In the workplace, men also face unique challenges, particularly concerning gender bias and discrimination. While the focus has largely been on preventing sexual harassment of women, men can also be victims of such misconduct.

v Challenges:

(i) Sexual Harassment: Men face significant stigma and skepticism when reporting sexual harassment, leading to underreporting and lack of support.

(ii) Bias in Employment: Gender bias can also manifest in hiring and promotion practices, with societal expectations sometimes leading to discriminatory practices against men in certain professions deemed ‘suitable’ for women.

v Triumphs:

(i) Gender-Neutral Policies: Some Organizations are adopting gender-neutral policies to address harassment and discrimination, ensuring that all employees, regardless of gender, are protected and supported.

(ii) Legal Precedents: There have been landmark cases where courts have recognized men’s rights in workplace harassment cases, setting important legal precedents.

Ø Protection Against False Allegations :

· Legal Safeguards : 

False allegations, particularly related to domestic violence, dowry harassment, and sexual offenses, pose significant challenges to men. These allegations can lead to social stigma, financial strain, and mental health issues.

v Challenges:

(i) Section 85 BNS (498A IPC) Misuse: Section 85 BNS (498A of the IPC), intended to protect women from cruelty by their husbands and in-laws, has been criticized for being misused, leading to wrongful arrests and harassment of men and their families.

(ii) False Rape Allegations: False rape allegations can ruin reputations and careers, with men often finding it challenging to prove their innocence due to the sensitive nature of such cases.

v Triumphs:

(i) Judicial Reforms: The Supreme Court and various High Courts have issued guidelines to prevent the misuse of Section 85 BNS (498A IPC), including directives for preliminary investigations before arrests.

(ii) Compensation for False Cases: In some instances, courts have ordered compensation for men falsely accused, acknowledging the severe impact of such allegations on their lives.

Ø Health and Well-being :

· Mental Health: Men’s mental health is another critical area where legal rights intersect with societal expectations and stigmas.

v Challenges:

(i) Stigma: There is a significant stigma associated with men seeking help for mental health issues, often seen as a sign of weakness.

(ii) Lack of Support: Limited legal provisions specifically address men’s mental health needs, leading to inadequate support systems.

v Triumphs:

(i)  Awareness Campaigns: Increasing awareness about men’s mental health and the importance of seeking help is gradually changing societal attitudes.

(ii) Policy Initiatives: Some policy initiatives are beginning to recognize the need for mental health support tailored specifically for men.

Ø Legal Reforms and Advocacy :

· Emerging Trends: Legal reforms and advocacy play a crucial role in addressing the challenges faced by men and ensuring their rights are protected.

v Challenges:

(i) Slow Reforms: Legal reforms can be slow, with resistance from various societal quarters often delaying necessary changes.

(ii) Lack of Advocacy: There is a relative lack of advocacy groups focusing on men’s rights compared to those dedicated to women’s rights.

v Triumphs:

(i) Legal Advocacy: Increasing numbers of advocacy groups and legal experts are working to highlight men’s issues, pushing for reforms and greater awareness.

(ii) Policy Changes: Some policy changes, such as amendments to laws related to domestic violence and alimony, reflect a growing recognition of men’s rights.

Statistical Analysis and Data

To provide a comprehensive picture, it is essential to examine statistical data and research findings related to men’s legal rights in India.

§ Divorce and Alimony :

According to a study by the National Family Health Survey (NFHS-5), the divorce rate in India remains relatively low at 1%, but the financial burden on men in divorce cases is significant.

Data from the Ministry of Women and Child Development indicates a high number of cases filed under Section 498A, with reports suggesting that a substantial percentage are found to be false or exaggerated.

§ Workplace Harassment:

A survey by the Indian National Bar Association (INBA) revealed that 15% of male respondents reported experiencing workplace harassment, highlighting the need for gender-neutral policies.

§ Mental Health: 

The National Mental Health Survey of India (2015-16) found that the prevalence of mental health issues among men is significant, with suicide rates among men being higher than among women, underscoring the need for better mental health support.

      Men’s legal rights in India are a complex and multifaceted issue, encompassing various challenges and triumphs. While significant strides have been made in recognizing and protecting these rights, much work remains to be done. Addressing the challenges men face in family law, workplace discrimination, false allegations, and mental health requires continued legal reforms, societal awareness, and robust advocacy. 

     By acknowledging and addressing these issues, India can move towards a more equitable and just society where the rights of all individuals, regardless of gender, are respected and upheld.