Injustice Legally Justified: Unveiling The Gender-Biased Victimization In The Indian Legal System

Xara Behzaad, Alliance University

Anurima Biswas, Alliance University

ABSTRACT

The call for judicial reform particularly in the domain of males being made out as the perpetrators is not unheard nor new. In a society where women are much protected by laws given the long-standing history of violence against women, they are now privileged with protective discrimination laws. The same laws are now becoming a weapon against men. The fact that there exists a glaring contrast between the tally of cases registered for men as victims and the times they in effect suffer. The low rate of conviction in such male victim cases stems from the prejudice and refusal to believe that men can also be the victims- the silent sufferers, in a workplace setting. Women often disguised as victims, use these very laws to achieve their intent. The intent here mentioned varies from desiring monetary benefits to receiving promotions and may even go to a much deeper abyss. Therefore, there is a call for legislation of laws that even though protective of women do not turn their back on the men. This research paper intends to discuss the various ways in which women misuse the laws to their benefit at the workplace and the reasons that men become silent sufferers, a forgotten entity in the Indian Criminal Justice Administration. The paper will also ponder upon the need for judicial reform in India regarding the above-discussed laws, particularly laws related to sexual harassment in the workplace. Rape laws that we have in place in our country will also be looked at with scrutiny and hence the need for their transformation will be discussed. The paper will be solution oriented having discussed noteworthy authors and their insights on the same issues.

Keywords: Sexual Harassment, Workplace, Men as Victims, Judicial Reform