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Urgent Need For Establishment Of National Men's Commission In India

Men's right activist disputes that men's as a group have institutional power and privilege and believe that they don't have legal rights further more they say that they don't have proper remedies against certain loss like draw the prohibition rape etc. this gives women leverage to misuse it against men's people often say that the main idea of Men's right movement is to undermine the effort of the feminist movement however that's untrue as the main agenda is to have equal rights for men as well This article is about why there is a need for National Men's Commission. Who is there in India nowadays who is talking about Men's rights? And why there is a need for making laws for the protection of Men's rights?

Abstract:
In recent years, discussions surrounding gender equality have predominantly focused on the empowerment of women and addressing issues such as gender-based violence, discrimination, and unequal opportunities. While these efforts are crucial in achieving gender parity, there exists a significant gap in addressing the challenges faced by men in various aspects of their lives. This research paper explores the urgent need for establishing a National Men's Commission to address these disparities and promote gender equality comprehensively.

The paper begins by providing an overview of the existing gender discourse, highlighting the disproportionate focus on women's issues and the neglect of men's challenges. It then delves into the specific areas where men face disparities, including but not limited to education, healthcare, employment, legal rights, and social expectations. Through an in-depth analysis of existing literature, data, and case studies, the paper examines the root causes of these disparities, including societal stereotypes, gender norms, and institutional biases.

Furthermore, the research paper explores the potential role and functions of a National Men's Commission in addressing these challenges. Drawing inspiration from existing national and international bodies focused on gender equality, the paper proposes a framework for the Commission's mandate, responsibilities, and operational mechanisms. These may include advocating for men's rights, conducting research on men's issues, developing policies and programs to address disparities, and promoting positive masculinity and gender-sensitive approaches.

Moreover, the paper discusses the broader societal benefits of establishing a National Men's Commission, emphasizing its potential to foster greater inclusivity, understanding, and collaboration between genders. By acknowledging and addressing the unique challenges faced by men, the Commission can contribute to creating a more equitable and harmonious society for all individuals.

In conclusion, this research paper underscores the urgent need for establishing a National Men's Commission as a critical step towards achieving comprehensive gender equality. Through its advocacy, research, and policy initiatives, the Commission can play a pivotal role in addressing men's issues, challenging gender stereotypes, and promoting a more inclusive and equitable society for future generations.

History of Indian society:

In the history of mankind, we have always seen that women have to suffer a lot and we can not deny this fact, because we all have seen the period from sati pratha to Nirbhaya gang rape. Women's conditions evolved from the early feminist movement and came to extent where we need to talk about men's right.

The men's right movement is about providing the same rights and protection for men and women. The men's right movement in India is a composed of various independent men's right organization in India. It is a step towards gender neutral legislation. Much like women's right men's right can be supported by both men and women.

Report of false cases and suicide victims:
List of false rape cases:

  • Renu Sharma vs State Of Haryana[1].
  • Gurugram False Rape Case[2].
  • Manager kills self After woman accusation sexual harassment.[3]
  • A girl from Jabalpur filed 6 false rape cases against 6 men.
  • Indore teen tries to fool police in a fake rape case.
  • Harshvardhan Yadav v. State of UP and ors.[4]
List of false dowry cases-cases:
  • Rajinder Bhardwaj vs Mrs. Anita Sharma[5].
  • Dalendra Kannauje vs Smt.Reena Kannauje[6].

As per the report of India Today "April 2013 and July 2014, of the 2,753 complaints of rape, only 1,287 cases were found to be true, and the remaining 1,464 cases were found to be false"[7].

As per the report published by Statista Research Department, Jan 2, 2024

In 2022, there were more than 48 thousand female deaths due to suicides in India, while the incidents were more than 122 thousand for males. Some of the causes for suicides in the country were due to professional problems, abuse, violence, family problems, financial loss, sense of isolation and mental disorders[8].

Current scenario:
Currently, a Public Interest Litigation (PIL) came before the Supreme Court which is Mukesh Kumar Singh v. Union of India. This PIL was filed for the demand for establishing National Men's Commission this is an intriguing case that raises question about gender equality and need for a formal platform to address men's issue in India the petitioner contents that Men's also face discrimination in areas such as child custody, domestic violence, false dowry harassment cases, and mental health issues among others. It argues that the specialized body is needed to advocate for men's right and the Welfare in the same way that the National Commission for Women serves women's interests.

Here is a statics that shows the condition of men's:
  • 76% of suicides are men.
  • 85% of homeless are men.
  • 70% of homicide victims are men.
  • 40% of domestic abuse victims are men.
Hence, We can see that men's are the majority victim of violent crime men on average serve 64% longer and prison men on average are 3.4× more likely to be improve than women when both committed the same crime. That's why there is a need for establishing National Men's Commission. However the SC showed a little interest in hearing the case and court declined to hear the argument.

There are various organizations that work towards men's right like:
  • Save India family foundation
  • Avijan welfare and charitable trust
  • Pirito purush
  • Prevention of sexual harassment and many more
Most of these organization holds we clean to educate men on their rights they also work to prevent suicide to men who are victim of domestic violence and Falls cases filed by wives. According to the report of national Crime Record Bureau in 2021 approx 1,64,033 people committed suicide across the country in which 81,063 where married man and 28,680 where married women.

Indian constitution secures justice, Liberty, equality, fraternity and Article 14 and 15 also and source equality is respective of gender but there is no single law for protection of Men's right against any of domestic violence, false rape, child custody, and other cases. For providing gender equality the supreme court need to meet law for men also the court may access whether the current Framework such as family court, police station and NGOs adequately address the concern rise in the PIL filed.

Cases related to men's discrimination can vary widely and may include issues such as unequal treatment in family court, workplace discrimination, lack of support for male victims of domestic violence, and disparities in parental rights. Here are a few notable examples:
  1. Family Court Bias: Cases where men feel they were discriminated against in child custody battles or divorce settlements due to biases favoring mothers as primary caregivers.
  2. Workplace Discrimination: Instances where men face discrimination in hiring, promotion, or pay due to gender stereotypes or biases.
  3. Male Victims of Domestic Violence: Cases where men face challenges in accessing support services or legal protections as victims of domestic abuse due to societal perceptions that men cannot be victims.
  4. Parental Rights: Cases where fathers encounter obstacles in gaining equal custody or visitation rights with their children after divorce or separation.
  5. Healthcare: Instances where men may face discrimination or neglect in healthcare settings due to stereotypes about men being less vulnerable or expressive about their health issues.
These are just a few examples, but discrimination against men can manifest in various aspects of life and may require legal, social, and policy interventions to address effectively.

Plans and policies suggestions:
Gender neutrality refers to the idea of treating individuals without regard to their gender, ensuring that all people have equal opportunities, rights, and treatment regardless of gender identity. Here are some plans and suggestions for promoting gender neutrality:
  1. Education and Awareness: Implement educational programs in schools and communities to raise awareness about gender stereotypes, biases, and the importance of gender equality. This includes teaching children from a young age about diverse gender identities and encouraging them to challenge traditional gender roles.
  2. Policy Reforms: Advocate for policy reforms at the governmental and organizational levels to promote gender neutrality. This may include implementing gender-neutral language in legislation and official documents, ensuring equal access to resources and opportunities, and prohibiting discrimination based on gender identity.
  3. Gender-Neutral Spaces: Create gender-neutral spaces in public facilities, such as restrooms and changing rooms, to accommodate individuals of all gender identities comfortably and safely.
  4. Workplace Equality: Enact policies and practices in workplaces to promote gender equality, including equal pay for equal work, transparent hiring and promotion processes, and measures to address harassment and discrimination.
  5. Media Representation: Encourage media outlets to portray diverse gender identities and challenge stereotypes through inclusive and positive representation in movies, television shows, advertisements, and other forms of media.
  6. Training and Sensitization: Provide training and sensitization programs for professionals in various sectors, including healthcare, law enforcement, and social services, to ensure they understand and respect the needs of individuals of all gender identities.
  7. Support Services: Establish support services and resources for individuals who experience discrimination or violence based on their gender identity, including shelters, hotlines, counseling services, and legal aid.
  8. Community Engagement: Foster community dialogue and collaboration to promote gender neutrality and create inclusive environments where all individuals feel accepted and valued regardless of their gender identity.
  9. Intersectional Approach: Recognize and address the intersecting identities and experiences of individuals, including race, ethnicity, sexuality, disability, and socioeconomic status, in efforts to promote gender neutrality and equality.
  10. Continuous Evaluation and Improvement: Regularly evaluate the effectiveness of initiatives promoting gender neutrality and make adjustments as needed based on feedback and data to ensure progress towards true equality for all genders.
By implementing these plans and suggestions, societies can work towards creating a more inclusive and equitable world where individuals of all gender identities can thrive and contribute fully to their communities.

Conclusion
The PIL for a National Men's Commission raises significant questions regarding gender equality and the need for dedicated platforms to address men's issues. The court's analysis and decision will play a crucial role in determining how these concerns are addressed within the constitutional framework. It is essential that any decision promotes equality and fairness for all genders while avoiding the potential marginalization of women's rights and interests. Also for protection of constitutional provisions relating to discrimination and exploitation it is necessary.

End-Notes:
  1. 23 September, 2022
  2. Bismin Taskeen, 'Gurugram woman, who filed 7 rape cases against 7 men, now held for 'extortion'' (ThePrint) 30 December, 2021 https://theprint.in/india/gurugram-woman-who-filed-7-rape-cases-against-7-men-now-held-for-extortion/791646/ / accessed 25th December
  3. Desk, India. Com N. (2022, September 1). Gurugram MNC manager kills self after woman colleague's accusation at office, leaves 4-page note. India.Com. https://www.india.com/news/india/gurugram-mnc-manager-kills-self-after-woman-colleagues-accusation-at-office-leaves-4-page-note-5605613/amp/
  4. AIRONLINE 2021 ALL 2059
  5. 28 October, 1992
  6. 5 July, 2021
  7. https://www.indiatoday.in/india/north/story/false-rape-cases-in-delhi-delhi-commission-of-women-233222-2014-12-29
  8. https://www.statista.com/statistics/665336/india-suicides-by-gender/

Written By: Rashmi Kumari, Narayan school of law, GNSU.
[email protected]

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