‘Harassment against men also includes physical abuse, emotional torment, and even domestic violence’
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When we talk about sexual harassment, the image we generally think of is that of a woman fighting for justice in a system that is hostile towards her. Now, imagine a man walking into a police station to report that he is being harassed. He may be greeted with awkward laughter and dismissive comments such as “You’re a man, can’t you handle it?” This is the unacknowledged reality of many men who face abuse but whose plight is met with disbelief and ridicule. Where do they seek justice? What recourse does the law have for them?
Being the largest democracy, India is on the path toward progress and growth. But are we truly upholding the constitutional principles of justice, liberty and equality when addressing social issues? And do the laws that we have created to tackle these issues align with these ideals?
Gaps in the law
According to a recent study by the National Commission for Women, 3,000 cases of sexual assault on men were reported in India in 2022. These numbers represent real people, their real pain and a system that is failing them. Much to the dismay of Indian men, Section 375 of the Indian Penal Code (IPC) does not include them as rape victims. The dominant discourse of the discussion is Section 63 of BNS which after the Navtej Singh Johar vs. Union of India (2018) still dealt with issues related to bestiality and sexual assault, irrespective of gender. The Section begins with the wordings, “A man is said to commit rape”, ruling out all the possibilities of the woman committing the rape or the male being the victim of rape. The Section further focuses only on the instances where a woman is victim and no recourse has been paid to male victims of rape. With no mention of it in the new criminal laws, there is a huge gap when it comes to protecting men from sexual violence. This means that non-consensual sexual acts with men (sodomy) or animals (bestiality) are no longer considered criminal offences.
Moreover, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 does not include male or LGBTQ+ employees who may be subjected to workplace sexual harassment. There is no act or law protecting men from possible instances of domestic violence as well. How can we, as members of a civilised society, negate the possibility of similar instances happening to men?
It is not an undisclosed fact that Section 85 of the BNS has always been a subject of societal scrutiny and disregard. It refers to husband or relative of husband of woman subjecting her to cruelty. This again raises the concern about why the husband cannot be subject to cruelty by the wife or relative of the wife. The Supreme Court in Arnesh Kumar vs State of Bihar (2014) observed that Section 85 of the BNS (previously Section 498A of the IPC) had turned into a potent tool for discontented wives, resulting in the arrest of innocent individuals without substantial evidence. Moreover, statistics from the National Crime Records Bureau (NCRB) indicate that more than 70% of cases filed under Section 498A end in acquittal.
Societal issues and the impact
A part reason why such ignorance is prevalent in Indian laws is the inequality inherent in gender roles. It is a known fact that the weight of societal expectations falls heavily on men. As a consequence of patriarchal norms, the image of masculinity portrays men as non-emotional, strong, brave and powerful. This makes them believe that if they speak out, they may be subject to judgement and mockery. Even when they gather the courage to speak out, the legal system offers them little to no support. These factors prevent them from confiding in friends, colleagues and even family.
One steady finding about male sexual harassment is that it can detrimentally affect the victim emotionally and psychologically. Harassment is always associated with an increased risk of anxiety, depression, and post-traumatic stress disorder, as well as a lack of confidence and self-esteem. The ultimate fear of re-experiencing sexual harassment often drives the victim into seclusion from society causing social alienation. The destructive thoughts that follow harassment, trap the victims. In response, they begin to view extreme self harm as a potential way to escape from their emotional turmoil and despair.
Harassment against men goes beyond just sexual violence. It includes physical abuse, emotional torment, and even domestic violence. Yet, when it comes to men’s mental health in India, the conversation is often muted or ignored, leaving many to suffer in silence under the weight of stigma and societal expectations.
The recent death of an engineer in Bengaluru sparked outrage, drawing much-needed attention to the plight of victims of these pervasive social issues. However, much of the discourse turned to blaming women and demanding justice for the deceased person. There was little talk about the need for law to deliver justice. We must view these incidents as wake-up calls to demand meaningful action, so that we can protect the vulnerable by creating an inclusive society.
Need for research and review
To this end, we must primarily acknowledge the fact that men can also be victims of harassment and feel vulnerable. At that instant, what they require the most is assurance — that they are not alone, and have faith in the legal system. Extensive research must be done on this topic, as there is hardly any verifiable data available. In furtherance, the legal architecture on harassment laws must be reviewed and safeguards should be installed against discriminatory practices, so that the interests of all individuals, irrespective of gender, is balanced. No section of the society should feel helpless or ignored. Only then can we say that the constitutional promises are being duly fulfilled.
Aastha Arora is a second-year law student at the Faculty of Law, Jamia Millia Islamia, New Delhi. Agrima Vrishni is a second-year law student at the Faculty of Law, Jamia Millia Islamia, New Delhi.
Published – April 05, 2025 06:00 pm IST
