In a world where gender equality is an issue of discussion every other day, the role of women advocates for men’s rights is often not given the attention it deserves. As much as the struggle for women’s rights has rightly received attention, the issue of codifying men’s rights is no less important. Women, with their unique perspective and compassionate attitude, are most suited to deconstruct stereotypes and make way for the creation of a just legal system. In India, where gender relations are central to most social problems, there is a need to emphasize the role of women in the legal system in the context of working for men’s rights, ensuring that justice is made available to everyone.
Women Participation in India’s Political, Legal, and Administrative Sectors
Political Representation:
- As of 2023, women constitute less than 15% of the members in the Lok Sabha, despite making up nearly 50% of the population.
- The 17th Lok Sabha has 78 women MPs out of 543, marking an improvement from previous years but still highlighting a significant gender gap.
- State assemblies exhibit even lower representation, with many states having less than 10% female legislators.
- The Women’s Reservation Bill, which proposes 33% reservation for women in Parliament and state legislatures, remains unimplemented despite decades of discussion.
Legal Sector:
- In the Supreme Court of India, women have historically been underrepresented. Since 1950, only 11 women judges have been appointed out of more than 250 judges.
- In 2021, for the first time, three women judges were appointed to the Supreme Court simultaneously.
- In High Courts, women comprise only 12% of judges across all 25 High Courts in India.
- Women make up less than 15% of practicing lawyers in India, facing barriers such as lack of mentorship, gender bias, and safety concerns.
Administrative Services:
- Women have been gradually increasing their representation in Indian Administrative Services (IAS) and Indian Police Service (IPS).
- In 2022, women constituted 26% of IAS officers, a significant improvement from previous years.
- However, women officers often face gender-based discrimination in postings, promotions, and leadership roles.
Also Read: Celebrating India’s Top 10 Female Judges & Lawyers on International Women’s Day
The Importance of Increasing Women’s Workforce Participation
1. Economic Growth:
- Studies indicate that if women’s participation in the workforce rises to 50%, India’s GDP could increase by 27%.
- Women bring diverse perspectives to legal proceedings, improving efficiency and fairness in economic and corporate laws.
- Countries with higher gender parity in legal and political institutions demonstrate better economic performance and governance.
2. Policy Efficiency and Diversity:
- Women in leadership roles have been shown to introduce policies that cater to broader societal needs, such as better child welfare laws and workplace protections.
- Research indicates that states with greater female political representation see higher budget allocations for education and healthcare.
- Female judges and policymakers help frame stronger gender-sensitive laws, including laws on domestic violence, sexual harassment, and maternity benefits.
3. Societal Progress and Gender Equity:
- Increased workforce participation challenges traditional gender roles, leading to broader social transformation.
- Women in law inspire younger generations, breaking stereotypes about women’s leadership abilities.
- A diverse judiciary ensures that legal decisions reflect the realities and needs of all societal groups.
Challenges That Require Women Advocates
Even though laws like Section 85 of the Bharatiya Nyay Sanhita (BNS), replacing Section 498A of the Indian Penal Code, were enacted to protect women from dowry harassment and domestic violence, there have been increasing complaints of their exploitation. Some men’s rights activists feel that these laws have, in certain cases, been misused, leading to false allegations and unjustified legal proceedings against men.
Film “India’s Sons” brings to light the tragedy of men falsely accused of rape and the personal and social cost it bears for them. The film presents cases of men acquitted after lengthy legal processes, thus underlining the need for a fairer approach to dealing with such allegations.
In addition, the Atul Subhash case, a software engineer from Bengaluru, testifies to the potential misuse of dowry law. Subhash was driven to suicide after being charged and harassed by the law. This fueled more controversy regarding the need for legal reforms to prevent harassment and mete out justice to all parties involved.
Why Women Advocates for Men’s Rights Are Crucial in India’s Legal System
1. Judicial Neutrality and Fair Representation
- Women’s rights activists who support men can assist in making courts and legislatures take both sides of gender disputes into account equally. Their presence can make legal debate more inclusive, decreasing judicial biases.
2. Handling Misrepresentations and Judicial Sanctions
- The majority of men lose their employment, suffer emotional trauma, and undergo social humiliation as a result of being falsely accused under women’s protection laws. Women in law can advocate for heftier sentences for false accusations, so that justice is not perverted.
3. Development of Gender-Neutral Policy and Legislation
- Involvement of women in fighting for men’s rights can assist in redefining laws to make them gender-neutral so that domestic violence, harassment at work, and false charges, male or female, are treated equally.
4. Encouraging More Men to Seek Legal Assistance
- Most men fear reporting harassment, domestic violence, or discrimination because of social stigma. Women lawyers who fight for the rights of men can break such stigma and allow men to access justice from the courts without fear of stigmatization.
5. Preventing Family Breakdown and Safeguarding Paternal Rights
- Men are often biased in child custody proceedings in most divorce and custody matters. Women advocates can promote legislation for shared parenting, so that fathers also have equal access to their children.
6. Strengthening the Criminal Justice System
- Women activists of men’s rights can assist in reforming legal procedures so that men’s cases as victims or defendants are given equal treatment without judicial and police bias in investigation and trials.
7. Forming Gender Discourse and Social Perceptions
- Women’s voices calling for men’s legal rights can counter the assertion that women, and women alone, are subjected to legal injustice. Such action can result in more equitable reporting by the media and public discussion of gender-specific issues against men.
8. Creating Support Systems for Men
- Men’s rights NGOs and legal aid groups are poorly institutionalized. Women lawyers can found or sponsor these organizations, and legal aid, mental health counseling, and rehabilitation services become more accessible to men.
Notable Women Advocates for Men’s Rights
1. Deepika Narayan Bhardwaj
An Indian journalist and documentary filmmaker, Deepika Narayan Bhardwaj has been a vocal advocate for men’s rights. Her documentary, Martyrs of Marriage, sheds light on the misuse of Section 498A of the Indian Penal Code, which pertains to anti-dowry laws, highlighting cases where men have been falsely accused. Bhardwaj’s work emphasizes the need for legal reforms to prevent such abuses.
2. Karen Straughan
A Canadian blogger and spokesperson for Men’s Rights Edmonton, Karen Straughan is known for her critiques of feminism and advocacy for men’s issues. Through her YouTube channel “Girl Writes What,” she discusses topics like legal biases against men, fathers’ rights, and the societal expectations placed on men.
3. Honey Badger Brigade
This online collective of female men’s rights activists discusses issues affecting men, often critiquing aspects of modern feminism. The term “Honey Badgers” was popularized by the men’s rights website “A Voice for Men” to describe women who advocate for men’s rights, providing breadth and legitimacy to the movement.
4. Mikaela Smith
As President of Women on the Move, Mikaela Smith organized an event celebrating International Men’s Day, emphasizing the importance of positive male role models in the community. The event aimed to promote gender equality and support discussions about men’s mental health and well-being.
Final Thoughts
The achievement of gender equality in the Indian legal system requires an equitable response that ensures justice to everyone regardless of gender. While women have long struggled for their rights, there is also a need to locate and solve the legal problems of men. Cases of false allegations, gender discrimination in family law, and withholding support services from men highlight the need for legal reforms that ensure equity to everyone.
Women lawyers who are proponents of men’s rights can play a critical role in making a fairer and more inclusive legal system a reality. By working towards gender-neutral laws, unbiased trials, and equal protection, they can help bring an end to abuses of the law and provide a judicial system that truly delivers justice. Their numbers lend credibility to the cause, and society, policy makers, and the judiciary start taking men’s rights as seriously as the attention given to women’s rights.
A legal system that protects the rights of all, regardless of gender, is required to establish a progressive and just society. Women’s participation in the promotion of men’s rights is not to downplay women’s rights but to uphold justice for all. True gender equality in India’s judiciary and elsewhere can be achieved only through collective efforts and fair legal reforms.
Suresh Mandi