The legend used to say, life is always tough for a man into the living world. To earn, to protect, to be strong themselves and most important be a man! The rise of feminism of the Mid-20th Century created an equal layer of respect for both the genders. But every revolution has its own cost, it too came with a heavy price of oppression of the counterpart in the feminist revolution. Feminism made women a kind of independent but it was not the independence the world needed. They were independent while remaining dependent, and as it is profound law that there is no independence with any kind of dependence connected with it. The wives were independent, but still they were mostly dependent on their husbands. They were not fully-independent, although the practice of gender inequality which is being practiced for many centuries cannot be just kicked-off within some decades.
Feminism through its true meaning meant that “equal rights to be substituted for both the genders, by uplifting the oppressed gender not by suppressing the other counterpart”. Social development works in a two-wayed unison not by just uplifting one and kicking the other one. It is like the Robinhood story; Gives to the poor while taking from the rich. “It should be making the Poor more Richer, not the Richer more Poorer”.
India also witnessed many of the things that started with the Western Countries. Feminism was also one of the ideals. But India to an extent was not practicing the western type of patriarchal ideas.
The time when India was colonized by the Imperialistic Powers of Britan, in 1860 they enacted a law that criminalized “Adultery”. Though in the Law itself was Gender-biased, it was somewhat interpreted as “Women cannot be punished as an abettor of adultery and instead, the Men is to be considered as Seducer. In the case, Men-the culprit is to be sent to prison for a maximum of 5 years with fine or without. Hindu mythologies also have several instances where there was Adultery practiced like when Lord Rama banished his own Wife Sita into the forests as on the mere allegation of possible Adultery when the Demon Ravana kidnapped her. In response too, the Ravana was killed.
Another instance is of God Indra who seduced Ahalya, wife of Sage Gautama. She was known for her purity and virginity and in response they both were cursed by the Sage and due to the higher status of God Indra he got out with Mild Punishment while Ahalya was remained imprisoned inside a stone for centuries.
The Hindu-law book Manusmriti has also many cases of adultery and revenge-killing, as we speak of today’s terms.
Though after several decades the Adultery law was challenged after several previous attempts, first it was edited to “spouse or other person is to be guilty of adultery” but then on 27th September 2018, 5-judge Bench of Supreme Court scrapped the law.
The Men’s movement which started in Mumbai on the year of 2000 helped it to some provisions but it could not compete with the Feminist movements. The movement supported Gender-Neutral legislation and repeal of laws that are biased against men. The anti-dowry law was used to punish the culprits, but most of the time the victims are the ones who are punished. The wrong-implementation of this had caused a high rate of Suicide in married men (twice then women). The quoting of NCRB data in a case showed that out of 2,00,000 arrests only14.4 % are convicted. The dowry which is abolished now, in the past used to haunt the Female society is now returned as the law is which haunts the Male society. The same another law of Domestic Violence which gives women protection from Domestic violence in which the “men” is as always the inborn-culprit. It was implemented by the Parliament of India in the year around 2006. Just like the Anti-dowry law the Domestic violence has also wrongfully implemented and shows gender-biased towards men. Can only violence happen to a female? Why is the male not even allowed to file a case citing violence against them by the other gender? Will the society even accept the norm that indicates a man crying over the violence by his wife towards him? The judiciary systems too have witnessed the fake framing of innocent men due to the differences and personal reasons over women, and have spoiled the lives of many. But due to the Social and Political pressure the judicial process is also bent towards the social prejudice and the ideas of social justice and equality have been more or less forgotten.
The Laws of Rapes and Divorce is the next level of suppression towards Gender. It states that only a male can rape a female, and the other way is not accepted in the society itself, let alone the whole system. Section 375 of the Indian Penal Code defines rape as “sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case if she is under 18 years of age.”
The law states that under any circumstances the convict will be a man. Some also cite that it is impossible for a woman to rape men and rape is more of a gendered crime. While some also states that “men are always ready” and “women’s sexual priority is superior to men” It is true that in proper senses Women cannot rape a Men, but in the sense of Intoxication and unsound mental health there can be a possibility of rape. Under two circumstances: X is a male and he is on a date with a woman, then after the date when X is not in the sound state the woman has physical relations with him. Another case is Y is a Female and goes on a date, on drunk state her partner has sexual relations with him. In both the case, the Sex has happened without the Will of X and Y, but only the Y can press charges because she is a female and the X can do nothing. Also in cases where both the partners are drunk how can it be still a rape case by males against a female? Both were drunk, consent was shared by both in their own state then why the latter is always the accused and the other victim?
The same damage is being done by Divorce and Alimony laws.
There were two colleagues in a multi-national company, one named Ramesh was working in Head-office at Delhi while the other named Suresh was transferred to the United States. Both got married after a period of time. Ramesh stayed in India and married to a girl his family decided, Suresh married an American national and was made an American citizen. Years after, due to some problems both had divorced simultaneously. Suresh’s wife applied for divorce and though it was a mutual one; he got his wife’s 50% share in the inherited property and came back to India. While reaching he came to know that Ramesh found his wife cheating on him and when he threatened to divorce she framed him and got him arrested under many charges and also applied for Divorce and is now using the alimony amount for his boyfriend while the Ramesh is making ends meet, because if he fails to pay up he has to spend another jail term.
Justice should be equal in all aspects, rather than an unequal system that gives rise to many indifference in living state of a state. The treatment should be made equal so that there is no kind of violence in contrast to the jealousy and the unfairness to the other sections by a section.
Justice has always evoked ideas of equality, of the proportion of compensation. Equity signifies equality. Rules and regulations, right and righteousness are concerned with equality in value. If all men are equal, then all men are of the same essence, and the common essence entitles them of the same fundamental rights and equal liberty… In short justice is another name of liberty, equality, and fraternity.
B.R. Ambedkar
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