December 3, 2020

Patriarchy Over Law: Outraging Modesty of A Man

“Masculinity imagines itself poorly, or imagines itself, at most, only by feminizing itself.

-Philippe Lacoue-labarthe

Most men who were asked “how would you feel if something about you were described as feminine or womanly?” said (surprise) they’d be angry. Consider these voices from the hite report on male sexuality:

To be called “like a woman” is to be humiliated by him, because most men considered women to be weak, and a man doesn’t want to be considered weak.

Chargined. I may appear soft, but i carry a big stick. So watch out (proud that there body not built it as sexually inducing like it as of women)

If i was described as having something “like a woman’s,” i would be outraged. i would defend my masculinity almost automatically. I would’t like being compared to woman’s anything.

From the very beginning of the past which is deep rooted in the present the patriarchy still remained making people unaware that man can be treated badly and can be harassed. They cant’t be judged on the basis of their strength display as we heard a lot spitting the words “hattho me chudiya pehn lo (wear bengals in your hand). thus maintaing the custom of patriarchy indian law gifted us with section 375 to 376E ( Indian penal code 1860 ) which talk about sexual offences against women thus “masculinity prevailing over law”. But india as a country of youth with emerging time do realised that being macho or in patriarchal terms being a man can’t provide justice to these unsaid offences.

“It is strange that modesty is the rule for women when what they most value in men is boldness.”

-Ninon de L’Enclos

INTRODUCTION

Wrongdoing against men in India is a quiet theme. Everyone knows it yet no one needs to examine it, even the casualties themselves will not acknowledge it. Article 14 is our Fundamental Right, which guarantees ‘Right to Equality’ to each resident of India. Balance signifies ‘the condition equivalent, particularly in status, rights, or openings’. Be that as it may, it is assumed that when we talk about sexual orientation disparity it implies wrongdoing against ladies. Today, our general public is sufficiently striking to talk up the theme like LGBT then it ought to likewise comprehend the earnestness of the idea of ‘Wrongdoing against Men’. As indicated by an investigation led in 2010,it was discovered that almost in each province of India 19 percent of guys were surely dependent upon inappropriate behavior at work place. Indeed, even it is viewed as unthinkable and the quietness offer ascent to numbness — covering the broad issue and suppressing a hard remain against it.

Legal methodology -The Supreme Court has expounded ‘modesty’ on different events: Modesty is a virtue which is inherent to a female owing to her sex; A woman, intelligent or imbecile, young or old, , possesses modesty, awake or sleeping which is capable of being outraged; Mere information that the modesty of a lady is probably going to be shocked is adequate to comprise the offense with no conscious expectation of insulting her modesty.

Over 10 years back, it was on account of Rupan Deol Bajaj v K.P.S. Gill ((1995) 6 SCC 194) that the Hon’ble Supreme Court attempt to interpret the term ‘Modesty’. Since the IPC was quiet on the importance to be appointed to it. As per the Oxford english dictionary meaning of the term ‘modesty’, particularly in relation to a woman, meant a woman ‘womanly propriety of behavior; scrupulous chastity of thought, speech and conduct’ while the dictionary meaning of the word `modest’ meant ‘decorous in manner and conduct; not forward or lewd’. This made the entire procedure of interpreting even more mind boggling.

Law as it’s been said is regularly abused by many. The weapon of Section354 of IPC has additionally been exposed to a great deal of abuse by ladies looking for vengeance against their male partners by erroneously claiming them on the grounds of “Outraging the modesty”.

The Paralyzed Law Blinded By The Susceptiblity Of Women-The whole Indian Penal Code proofs that Men do not have any modesty or dignity as their is no section to give voice for his dignity and emotions and thus allowing them to be victim of falsified cases. As per Indian culture, their modesty can’t be insulted as indicated by them the inclination of sex is just in men. Around 13 percent of men between the age gathering of 18-24 have been casualty of online sexual harassment. The statistics are not exact because of lack of independent research.. In fact, the cases of sexual harassment of men are hardly ever reported owing to the dearth of legislation. In addition, 77 nations have legitimately tended to the issue and sanctioned impartial laws. In any case, Parliament of India isn’t tolerating the severe truth that men additionally have modesty which can be insulted. On the other side, University Grant Commission in mid 2016, presented Prevention, Prohibition and Redressal of Sexual Harassment Regulations which permits male under study to hold up grievance against male, female and transgender for lewd behavior.

OUTRAGING OF MODESTY IS GENDER NEUTRAL: CONCLUSION-

The partiality between man and woman has certainly taken a form of evil which is completely feeding on the male strata of society. The belief that ‘modesty is female issue and lust is a man issue’ is common.. Everybody has raised the voice against equity and opportunity of ladies. Unfortunately, they overlook that men have MODESTY as well and they additionally can be a casualty of rapes. The human rights and gender quality both includes men and women and even transgenders too. On the other hand, to widen the scope of gender equality the legislation first has to make the gender neutral laws. Secondly, the studies should be conducted to male harassment and to determine sexual offences against men.

This article is written by Tanisha Sinha, a student at Galgotias University pursuing B.A. LL.B (Hons.)

The views of the author are personal only. (if any)

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