The Delusion of Article 14

Introduction

“Equality” this single word holds a dense meaning. As we know equality means to be treated equally regardless of gender, race, caste, status, rights, etc. We live in a democratic country, where people are protected by fundamental rights; their freedom is being protected unlike a person living under a dictatorship.

 As per Article 14 of the Indian Constitution states “The State shall not deny to any person equality before the law or the equal protection of laws within the territory of India.” It makes a comprehensible statement that shows, regardless of your status, gender, caste, religion, etc, the State shall protect every citizen of India if he/she is being treated unequally. But just think about it, are everyone being treated equally? Is there no discrimination? Does everyone have the same rights?

In our country discrimination based on gender is very common, whether be it in the workplace, at home, let it be one’s rights, or in the public. Equality between men and women must be ensured in all aspects which include employment, work, pay, etc. Article 14 of the Indian Constitution has been made in such a way that it will ensure equality for everyone and prevent the maintenance or adoption of measures providing for specific advantages in favour of the underrepresented sex, which creates a concept of gender neutrality.

“Gender Neutrality” which is also known as gender neutralism, is the idea that policies, languages, and other social institutions should avoid distinguishing roles according to people’s sex or gender.

But in our country when it comes to violence, it is the general notion that in any scenario of violence, the woman is the victim and the man is the culprit. In rare cases, a person will think differently than the general idea. Even in the 21^st century, and despite the fact several amendments have already been made, people find it hard to interchange the position of a man and a woman in any case of violence. This leads to the ultimate accusation on the man and in furtherance to that and can affect that person’s life in every aspect be it physically, mentally, or emotionally.

We always talk about a woman’s rights but what about a man’s rights? As we talk about equality, men’s rights are equally as important as women’s. The judiciary and the legislation must be asked that “are we still stuck in an era that requires only and only women-centric laws?”

Provisions for Women in India

Crimes against women are common, and for that our legislation has made various provisions to protect women in our country as it is really important.

The following provisions are:-

Dowry Prohibition Act, 1961 (28 of 1961) (Amended in 1986)

This Act is made to prohibit the practice of dowry. This criminalises the act of giving or taking of dowry which includes any property or valuable security given or agreed to be given either directly or indirectly by any party or parents of either side at the time of marriage, or before or after the marriage.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,

As per the International Instrument, Sexual Harassment is defined as violence against women and discriminatory treatment in the workplace which is a broad definition compared to the national news. In general meaning, it is known as “unwelcomed sexual favour” and other verbal or physical conduct of a sexual nature that tends to create a hostile or offensive work environment.

In the case of Visakha v. State of Rajasthan, the Supreme Court laid down the definition of “Sexual Harassment” for the very first time. The Court held that sexual harassment depravity among the victims and was a gross violation of their Fundamental Rights as provided under Articles 14,19, and 21.

The court defined “Sexual Harassment” as any physical touch or conduct, any unpleasant taunt or any misbehaviour, showing pornography and asking for any kind of sexual favour.

Equal Remuneration Act, 1976

It entitles men and women workers to be paid equally for doing the same or similar work. It ensures gender equality in recruitment or service conditions. Its main objective is to prevent discrimination against women in terms of employment.

The Indecent Representation of Women (Prohibition) Act, 1986

Under this act, if any person harasses another with books, photography, paintings, films, pamphlets, or packages, which contain an inappropriate or indecent representation of women, he/she is liable for  imprisonment for 2years,

The Immoral Traffic (Prevention) Act,1956

Trafficking of women usually starts on a fake promise to provide jobs or in the context of marriage by recruiters. They entice the victims to leave their homes.

This act ensures the protection of women from trafficking for prostitution. 

Protection of Women From Domestic Violence Act, 2005

Under Section 3 of this act domestic violence is defined, which covers the following kinds of abuses:

• Physical Abuse
• Sexual Abuse
• Verbal and Emotional Abuse
• Economic Abuse

It provides a free life from violence and fear and protects a woman from all forms of domestic violence and checks harassment and exploitation by family members or relatives. It also empowers a woman to claim immediate maintenance and compensation.

Maternity Benefit Act,1961

The act protects the employment of women at the time of their maternity. It entitles women employees to maternity benefits which are fully paid wages during the absence from work and taking care of her child.

Indian Penal Code

 Other provisions make sure to protect women in every possible aspect. Section 326 of IPC was amended on 2^nd April 2013; the amendment resulted in the intersection of sections 326A and 326B for specifically dealing with acid violence.

Section 354: Assaulting women or using criminal force on her to outrage her modesty. It is punishable with 1 year of imprisonment which may extend to 5 years.

Section 354A: Sexual Harassment

Section 354B: Assault or use of criminal force to woman with the intention to disrobe.

Section 353C: Voyeurism- Any man who watches, or captures the image of woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall also be liable to fine, and be punished on first conviction with imprisonment of not less than one year, but may extend to three years.

Section 354D: Stalking

Section 509: Word, gesture or act intended to insult the modesty of a woman. Uttering of any word or sound or gesture or exhibiting any object to a woman with the intention to see or hears it or it intrudes on her piracy intending to insult her modesty.

Section 375, 376, 376 A-D of IPC deals with Rape.

Section 498A: it was introduced in the code of Law (Amendment) Act, 1983 to combat the menace of dowry death. It states, whoever being the husband or the relatives of the husband, subjects such women to cruelty shall be punished with imprisonment for a term may extend to three years and shall be liable to fine.

 As mentioned above we can see there are many provisions which protect the rights and dignity of a woman in our society. While going to all these laws one can clearly see that every crime is committed “by a man” and “against a woman”.

Men can also be a victim

Lately, there is a hike in cases where men are falsely accused. We can see that women misuse the rights given to them by the laws and victimize innocent men. There are several cases recorded in India where men are falsely accused, like-

In 2018, a mother accused her 20years old son of raping her. The boy after spending 1.5 years in prison, the mother confessed that she had filed a false rape case against her son.

In the case of Sejal Sharma v. State of Haryana, the petitioner threatened to file a false rape case against the accused if he fails to pay Rs. 20 Lakhs to them, the petitioner allegedly recorded a video of the accused with a girl and blackmailing him. When the case was brought before the court and necessary investigations were made, the court held that the petitioner have been running a racket and was habitual to threaten and blackmail other persons as well by implicating them in false rape cases. The court also held that it is becoming a very difficult job, nowadays for the courts to differentiate genuine rape cases from false ones.

There are also several cases regarding false cases against husbands in domestic violence. In one of the cases, the Court reversed a 2013 order of a Rohtak family court observing that the wife made unfounded, indecent, and defamatory allegations against the husband and his in-laws, which indicates that she made all attempts to ensure that they are put in jail and estranged husband is removed from his job.

This came before the court as she had filed a criminal complaint against the husband and his in-laws against domestic violence. The trial continued for 4 years and resulted in the husband’s favour. His parents are declared innocent. The woman had also filed complaints in 2006 against the husband before his senior officers, which even after a compromise, she did not withdraw.

The court observed, “Filing of the complaint and initiation of criminal proceedings which were found to be baseless and false, so cause harassment and torture to the husband and his family. One such complaint is sufficient to constitute matrimonial cruelty”.

The Delhi High Court stated that a serious view needs to be taken if incitement of false cases is filed against husbands and their entire families to ensure that the social fabric is not ruined and if such acts are allowed, it may lead to further misuse of the process of law.

Another instance is a video that had gone viral of a woman hitting a Zomato delivery man. The woman thrashed the delivery man when he asked to tally the receipt. The situation turned violent scared the delivery man turned up at a neighbouring door crying and asking for help. The neighbour was the person who uploaded the ‘video which went viral across all social media platforms.

Further, a video went where a woman was seen hitting a Swiggy delivery boy with her shoes on a busy road in Madhya Pradesh’s Jabalpur. The woman was riding a scooter when she came in front of the delivery boy and lost her balance, following which she started abusing and hitting the delivery boy with her shoes.

In another case, a video went viral, with many calling for the woman’s arrest. In a two-minute-long video, it was seen the woman slapped and hit the man alleging that the car hit her while she was walking. The video shows a traffic police constable standing by, trying to intervene and asking the woman to stop hitting him. The woman also allegedly broke the cab driver’s phone while the driver is trying to call the police. The woman was seen holding the man by the collar, pushing him, and slapping him across the face multiple times.

The CCTV footage shows that the cab driver was initially speeding, and seems to have hit the brakes seeing the woman, who was crossing the road on the zebra crossing. Many people on social media tweeted and commented that the cab driver may have been trying to cut through the signal through the traffic light was red, and other allegations that the woman crossed the road when one signal was green.

Recently the death of a 20years old woman who was dragged for almost an hour long by a car after a vehicle collision in Delhi has provoked outrage and calls for justice. The woman was returning home after the New Year’s party when the incident took place. It was reported that there were 4 passengers, all males, who did not stop, dragging her body for miles through the streets of outer Delhi. The men said they did not realise the woman’s body was caught under the car as the widows were closed and they were playing loud music. They have been charged with culpable homicide and causing death by negligence.

Similarly, in an incident of road rage, a man was seen being dragged nearly for 1km on the bonnet of a car in Bengaluru. A video showed the driver who was alleged to be a woman, continuing to drag knowing that a man is clinging to the bonnet. As per the first complaint, the man who was driving a Maruti Swift car confronted the woman for not stopping her Tata Nixon at a junction despite the red signal.

The man gave his statement that when he questioned the woman; she showed vulgar signs and abused him. He followed her car and intercepted her and asked if she did so. Then a person stripped my shirt and assaulted him. Then the police came to the spot and asked us to come to the police station. But the woman refused to come to the police station and sat inside her car. He was stating in front of her car to not allow them to escape.

According to the man’s complaint, the woman started the vehicle and he fell on her car’s bonnet as she continues to drive for 3-4 km before locals stopped it. The police have lodged FIR against both parties. Whatever may be the judgement on behalf of the man or against the man, as in the previous case mentioned above when a woman was dragged it made headlines across all the media, both in print media and electronic media. People came out on the streets to rightfully protest for the woman who was dragged but when it came to a man no one came to support him.

From the aforementioned cases, we can fairly argue in reality that we are far away from the concept of “equality”. When something happens to a woman people become very sentimental and raise their voices for justice for a woman, but it comes to a man’s justice society becomes quiet. If any crime is committed the first instance of a person is the woman is the victim and the man is the culprit, whatever the case might be people put men in our society as a culprit.

It might be reasonable for the people because at least out of 100 cases, in 90 cases, the woman is the victim. But still, in those 10 cases, the men are falsely accused. Just because in most of the cases the woman is the victim and is to be protected that does not mean in all the cases the man is the accused. Here comes the concept of equality, as it speaks of no people shall be discriminated in grounds of gender, caste, religion, employment, pay, etc.

But here we can clearly see that men are being discriminated against. And we know once a false case has been registered against men, it may take years to prove him innocent and set free from all charges. One such instance is a man named Sarvjeet, who was labelled “Delhi ka Darinda” or “pervert” after being accused of molestation by a woman named Jasleen Kaur.

Jasleen Kaur, a woman belonging to Delhi posted a photo of Sarvjeet Singh on Facebook, alleging that Sarvjeet had sexually harassed her. The post went viral on social media across India. National celebrities and politicians provided Jasleen Kaur with widespread support for raising her voice against eve-teasing and sexual harassment. The Chief Minister of Delhi, Mr. Arvind Kejriwal also tweeted in support of Jasleen Kaur, calling it ‘an act of bravery’ Sarvjeet was arrested on the charges of sexual harassment. Indian media, including the National News channels, also labelled Sarvjeet as “Delhi ka Darinda” which made headlines across the nation and also in the Print media.

After a few days an eyewitness vouched for Sarvjeet’s innocence which brought credibility to Sarvjeet’s account. In October, 2019 the court held Sarvjeet innocent and acquitted of all the charges. This event has brought a lot of media attention to the misuse of laws by women, including false rape accusation cases.

We think the legislation is not doing anything for men, but the men in Indian society do not even know that they also have certain rights. Crime against women has become so common that society thinks crimes can only happen against women and not men.

As compared to crimes against men and women, certainly crime against women is higher and more grievous in nature than a crime against men. Most people do not know that men can also be a victim of crimes like rape, domestic violence, acid attack, etc, as it does not happen to men frequently. Even if a man tries to share his stories about the wrongs he has faced, other man and people make fun of it and takes that as a joke. This happens because they have not faced any wrongs.

There are many cases of acid attacks. Under Section 326 of the Indian Penal Code, In the case of Laxmi v. Union of India, we all know about this case. The victim named Laxmi was attacked in 2005 in New Delhi at the age of 15 by the accused Naeem Khan, who was 32 years. He threw acid on their face of Laxmi because she refused his proposal.

Marepally Venkata Sree Nagesh v. State of Andhra Pradesh, the accused poured acid on his wife for refusing to grant him a divorce. The husband was involved in an extra-marital affair. Due to the attack, the victim suffered multiple acid burns in her face and other parts of her body, leading to her death.

The accused was charged and convicted under section 302 of IPC. However, life imprisonment was not imposed even though the victim died.

In Sheeba, a woman aged 35 years old was arrested for allegedly throwing acid at her boyfriend after he rejected her marriage proposal.  The boy lost sight of one eye following the attack.

The police collected the CCTV footage of the incident from that area. Following this, the woman was taken into custody.

This is not the only case where a woman has thrown acid on a man; there are many cases like this but which less media coverage. In the above case, there was CCTV which helped the man to prove what has happened to him. The question is if there were no CCTV cameras what would have happened?

Though the acid attack is a crime which can be committed against any man or woman, it has a specific gender dimension in India. Throwing acid is an extremely violent crime by which one can be affected physically and mentally.

We do not realise that harassment can happen to anyone despite age, gender, or religion. The thing is that the attention on harassment towards men is not as much attention as compared to women. It is assumed that the accused is innocent until he is proven guilty of his actions. The prosecution comes in a position to prove the case beyond a reasonable doubt. Then the defendant defends the charges filed against him to prove his innocence.

The procedure which the court follows is strict with the laws and gender-biased law, when a woman files an FIR for a matrimonial dispute, the moment the Fir is filed, the husband and his relatives are taken into custody. Similarly in rape a case, when a woman files a Fir for rape the said accused is taken into custody without any investigation. Here the burden of proof lies on the man to prove him innocent.

In cases of Matrimonial Disputes and Rape cases, there might not be many witnesses on behalf of the accused as it happens in a insolate area. It can be difficult to prove the allegation filed against him false and that he has not committed the offence.

In accordance with the case, Sushil Kumar Sharma v. Union of India is one of the historical cases.

 The Supreme Court held Section 498A as legal terrorism. These amendments were brought in 1985, for the protection of women against dowry harassment and to empower women about the consequences related to dowry allegations.  This is one of the best steps that was taken by the government to tackle the advantages that women were taking from this act to file false cases against their husbands to fulfil their demands.

Husbands also face cruelty but are less known to the general public. Cruelty may differ from case to case as it is at the discretion of the court. Cruelty includes mental distress, injuries, taunts and many more things.

In the case of Satya v. Siri Ram, the wife terminated her pregnancy twice without the consent of the husband and also she did not inform her husband. The court held that if a wife deliberately and consistently refuses to satisfy he husband’s natural and legitimate craving to have children, and the deprivation reduces him to despair and affects his mental health, the wife is guilty of cruelty.

In Prem Chandra Pandey v. Smt. Savitri Pandey, the wife has filed a false case against her husband and his family, that they demanded dowry before and after the marriage. She alleged that as the demands were not fulfilled by her father so her husband and his family tortured her. She also stated that her husband is already married to another woman and married to her only to fulfil his satisfaction demands. All of the allegations were proved wrong and the court held that false allegations of adultery also amount to cruelty.

Cruelty may also include threats of suicide, fake allegations of an extramarital affair, harassing the husband for sending money to her parental house, behaving aggressively, and spreading rumours about her husband or his relatives to defame the family and many more.

In Section 375, rape is defined as “A man is said to commit rape if he penetrates his penis, to a woman’s vagina, mouth, urethra, or anus to any amount or forces her to do so with him or anyone else”.

To constitute rape the essential elements which are required are “penetration, man to any woman, without her consent, against her will, consent obtain by fraud, sexual intercourse with an insane or drunk person, sexual intercourse with a minor and when the woman is unable to communicate consent.”

After the case of Nirbhya in 2013, there are a lot of amendments which are made to the Indian Penal Code, Code of Criminal Procedure, Indian Evidence Act and Protection of Children from Sexual Offences Act.

Under the law, rapists stand to get sentenced to rigorous imprisonment for a term not less than 20 years and may extend to life imprisonment with a fine.

It proposes death sentences for offenders with a proposed conviction for a similar crime.

It defines stalking and voyeurism as non-bailable offences if committed a second time.

Perpetrators of acids attack face 10 years of imprisonment.

Thus the legislation amends the criminal law but still, there is no provision for men or other genders.

Recently, it was reported that a 12years boy was repeatedly raped by a teacher in Delhi. In another case, a wife wanted to have sexual intercourse with her husband but her husband denied her. The husband died from excessive bleeding with was caused by her wife as she bit her husband’s genital part.

As to constitute rape one of the essential element is it has to be a man to any woman. There is no scope for a man or any other gender to seek help from the law as there is no law for it.

In 2018, homosexuality was legalised in India. As the Constitution provides the citizen fundamental rights that are essential features in a democratic country penalising sexual intercourse between individuals belonging to the same sex was a prima facie infringement of the rights enshrined in Articles 14,15,19 and 21 of the Constitution.

Section 377 of the IPC not only denies equality before the law and freedom of expression but also discriminates against them from society.

Conclusion

This is not a problem for the legislatures but also it is a social challenge. The concept of gender neutrality can be considered as a backfire for feminism. Equality is a concept which attempts to remove the notion of being either male or female from a person or entity. It also encourages people to express themselves regardless of their sexual orientation and to feel equal in society.

The concept of “Equality” has been around for many years. It is important because it helps to eliminate stereotypes that harm everyone. Expectations based on assumption that crimes can be committed only by women may lead to discrimination against not only men but also other genders.

It allows the next generation to grow up without societal pressure to adhere to gendered norms.

Gender equality is not a new concept in this world. Countries like Europe have laws which are gender-neutral. Not only Europe, but countries like Kazakhstan, Bhutan, and Kyrgyzstan are also ahead of India in making gender-neutral laws against rape, sexual exploitation, domestic violence and more.

Considering everything, the legislature and society do not see men as victims, but this does not mean that men cannot be a victim just because society does not recognise it.

According to Dr. Jennings, “equality before the law means that among equals the law should be equal and should be equally administered, that like should be treated alike. The right to sue and be sued to prosecute and prosecuted for the same kind of action should be the same kind for all citizens of full age and understanding without distinction of race, religion, wealth, social status or political influence”.

Times have changed and the world needs to change. These gender-biased laws need to be rectified. Equality means everyone is equal in the eyes of the law. Making the laws gender-neutral is only to benefit society and to treat people equally.

Criticism

I believe that the legislature was making the laws in some way or, has clearly failed in analyzing or interpreting the true meaning of Article 14 or the term equality. It is true that women needed women-centric laws given the situation of India, where women are prone to crimes committed against them but that does not eliminate the fact that such crimes cannot be committed against men, transgender, and other gender recognized by the government.

By: Anaihya Jena, a student at SOA National Institute of Law.