Is law gender-neutral? Can a man seek divorce on grounds of domestic violence?
At the International Congress of Sexual Health, a reverse roleplay set out to find answers.
Enacting a court scene, two ‘lawyers’ presented their arguments on a case filed by a husband seeking divorce due to harassment by his wife after three years of marriage. The accusations included constant physical violence by her and her relatives, denial of sex and forcing him not to take care of his parents.
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The defence ‘lawyer’ said that it was a myth that domestic violence affected only women.
“In 40% or more cases, domestic violence victims are men. Men do not want to complain against their wives or disclose that they are beaten up by wives, as it is against social norms,” he said. He argued that in India, Dowry Prohibition Act, 1961, and Section 498A (dowry harassment) of the IPC were “largely misused”.
In the end, while the ‘judge’ (enacted by Lakshmi Narayanan, a senior advocate at the Madras High Court) felt that the husband deserved divorce, he laid down the reasons as well.
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“If a wife demanded that a man should not take care of his parents, it amounted to mental cruelty. In case of physical cruelty, nobody actually complains to the police thinking of ignominy. When it comes to Section 498A (dowry harassment), police officers and even a court leans heavily towards the wife,” he said.
This is why the Supreme Court ruled that men should not be immediately arrested under dowry harassment laws.
Instead, the couple should be sent for counselling and the police should find prima facie evidence. “The law is changing. We are looking at gender neutrality,” he observed.