The Silent Victim: Evaluating The Violation Of The Right To Equality (Article 14) And Dignity (Article 21) For Male Victims Of Domestic Abuse
- IJLLR Journal
- May 1
- 1 min read
Abhinav Singh, Research Scholar, Amity Law School, Lucknow Campus, Uttar Pradesh
Dr. Roshni Shrivastava, Associate Professor, Amity Law School, Lucknow Campus, Uttar Pradesh
ABSTRACT
The present study examines constitutional issues arising from exclusion of male victims within the domestic violence legal framework in India. Domestic violence includes physical emotional sexual and economic abuse occurring within family relationships which affects bodily integrity and personal dignity of an individual. The statutory framework in India particularly the Protection of Women from Domestic Violence Act, 2005 recognises women as the primary aggrieved persons and provides civil remedies such as protection orders residence rights and monetary relief. This gender specific structure was enacted in response to historical violence experienced by women inside matrimonial homes.
This research evaluates whether such exclusion raises constitutional concern under Article 14 of the Constitution of India which guarantees equality before law and equal protection of laws. It also examines implication under Article 21 of the Constitution of India which protect life and dignity of individuals. The study adopt doctrinal legal research through examination of constitutional provisions statutes and judicial precedents including the decision in Maneka Gandhi v Union of India (1978) which expanded interpretation of dignity within personal liberty.
The analysis also considers provision of the Indian Penal Code 1860 and matrimonial remedies under the Hindu Marriage Act 1955 which presently remain limited avenues for male victim. The discussion highlight stigma underreporting and lack of institutional support. The study therefore emphasises need for inclusive legal protection ensuring constitutional equality and dignity within domestic sphere.
Keywords: Domestic Violence, Male, Victims, Equality, Human Dignity, Gender Neutral Law, Violence, Legislation.
