Thank you सभापति महोदया.
Today, I stand before you to address a crucial issue that continues to shape our
society: gender equality. While strides have been made towards creating a
more inclusive and balanced world, we must acknowledge that there are areas
where equality is yet to be fully achieved. One such aspect is men's equality,
particularly in the context of certain gender-biased laws within our Indian
constitution.
Generally, it is assumed that women can never be predators but only victims;
one reason for this mentality is the definition of offences one beholds. With
each day passing, offences against men are increasing; a crime has nothing to
do with gender, and the perpetrator can either be male or female. But our
Indian laws mostly consider women as victims as it is usually believed that men
are stronger biologically. Laws against stalking, adultery, disrobing, voyeurism,
sexual harassment at workplace, rape, domestic violence are not gender
neutral.
Gender equality is not a one-sided endeavour; it encompasses the rights and
empowerment of all genders. While many laws have been enacted to protect
and uplift women, it is equally important to ensure that men's rights are
upheld. It's crucial that we engage in conversations that highlight the
disparities and biases that exist within our legal framework.
It is undeniable that there are instances where certain laws appear to be tilted
in favour of women, inadvertently creating a scenario where men's rights may
be overlooked. By acknowledging the imbalances in our legal system, we are
not demeaning the efforts to uplift women but striving for true equality for all.
According to a survey conducted in Haryana in 2019, it was observed that out
of 1,000 men of the rural communities of Haryana, ranging from 21 to 49 years
of age, 52.4 percent were subjected to domestic violence, out of which 51.6
percent were subjected to emotional abuse and 6 percent were subjected to
physical abuse. The remaining were subjected to economical abuse. As per a
report of 2021 by NCRB (National Crime Records Bureau), 72 percent men
suicided compared to 27 percent female. Out of which 33.2 percent suicided
due to family problems and 4.8 percent suicided due to marriage related
issues. The remaining suicided under the pressure of false allegations and
threats to misuse the laws made to protect women.
On 24 December 2022, a heinous crime took place in Jalandhar. Four girls in
their twenties incessantly gang raped a boy, keeping him as a hostage on drugs
for 11 hours. Unfortunately, the case received little media coverage.
It has been recommended by the Law Commission of India in their 172nd
report that, the laws regarding rape must be made gender-neutral.
Article 14 reveres the privilege to fairness under the watchful eye of law, i.e., it
provides equality to all and Article 15 accommodates preclusion of separation
on the grounds of sex, i.e., no discrimination can be made on the grounds of
sex of a person. Men in this manner must be qualified for indistinguishable
rights from women.
The question whether a woman can commit gang rape was dealt by the
Supreme Court in the case of Priya Patel v. State of Madhya Pradesh. It was
alleged that in case of gang-rape, common intention was required. Yet, a
woman was not deemed to have committed rape. Where in case of the criteria
to be a common intention, a woman’s presence in the part of a gang-rape is
not to be considered, shall remain unsolved.
The discussion surrounding gender-biased laws should not be about pitting one
gender against another, but rather about promoting fairness, justice, and unity.
We must advocate for the revision of laws that inadvertently create gender
disparities, while still upholding the rights of all individuals. Our goal should be
to create an environment where everyone can thrive, free from discrimination,
regardless of their gender.
In conclusion, achieving true gender equality requires addressing all sides of
the spectrum. Let us work together to create a society where the rights and
well-being of all genders are respected and upheld.