This article has been written by Rohaan Thyagaraju from Symbiosis Law School, Hyderabad

“The night dawned unpunctual in December 2019, accompanied by a chill breeze clutching the passerby. It was cathartic for the natives, and I anxiously awaited for the clock to strike nine. When it manifested, I walked away with repressed memories and scathing remarks from acquaintances which had caused deeper injuries than the 3rd-degree treatment at Chanchalaguda Jail in Hyderabad,” recalled this 26-year-old false convict.

His memoir of this nightmare would make even a toddler’s blood boil, as little did he know about his misfortune cascading because of a married woman who had just moved into his flat a week ago.

Table of Contents

The Personal Tragedy: Iraivan Gunaseelan’s False Accusation

Iraivan Gunaseelan, a doctor by profession, had specialized in a lucrative field and was acclaimed as a fortuitous “pulmonologist” whose life revolved around his patients whom he would treat diligently. Alas, this bachelor was implicated in a startling case that shattered him along with his medical license being terminated forever when his neighbour Himaja Rajasekaran accused him of sexually abusing her in her flat while her husband was away. Then, the subsequent events are history. The media was swift in conducting trials and eventually made a mockery of him, his family being denigrated, and his friends being defamed.

Invariably, the flipside of the equation was successfully padlocked under the blanket. Himaja had approached him for a secret affair, and the denial had led to Irai’s misfortune. Inspired by revenge, she filed a false sexual harassment case against him.

This tragedy had blown out of proportion, which made the accused face severe backlash for an act that was not committed. Visiting the court had become routine. The media viciously attacking him and coercing him to apologize had become normalized.

When Himaja had skipped the hearings 14 times, citing her ill health, the judges sensed foul play and summoned her. Fortunately, she had turned up, but by the time she had confessed, it was too late. Nine months had passed, and the accused life was destroyed. Today, Irai, instead of being a doctor, is sadly surviving as a taxi driver in Hyderabad.

The Systemic Injustice: Zero Legal Aid For Men

The guardian of the constitution will indisputably agree upon the loathsome attempts made by some to remove the blindfold from Lady Justice’s eyes with a balanced scale to enable her to provide them with a favourable judgment. This is a situation that is being confronted by many innocent men in this feminist era, where fundamental rights are being misused vindictively, along with favouring personal gains. If looked keenly, one would agree that ‘MEN’ are the real victims who are denied even the basic privileges, fundamental rights, and legal aid at the time of crisis.

If women’s modesty is outraged, the Indian Penal Code’s Section 354A swiftly jumps into action. Regrettably, there is not even a law to protect men’s rights. Men do not have laws condemning sexual violence against them the way that women do.

Take another case: if a woman slaps a man, she is excusable in the eyes of the law and society, but not vice-versa. Because of this partisan, many innocent men are being bashed and quickly termed as perverts and India’s predators. Several men confront issues similar to those of women; inopportunely, more concentration is heeded towards the latter due to non-cognizance. Being a victim of sexual assault by women bosses is not new. Out of apprehension, it goes unnoticed, and in many cases, it is disregarded and considered jocularly.

A list of issues for which even men are victims:

Rape
Stalking
Sexual harassment at the workplace and in prison
Insult to modesty
Assault
Alimony fraud

Psychological Impact and Support Systems

The mental effect of bogus allegations on people, especially concerning men, is significant and frequently ignored. Erroneously denounced men like Iraivan Gunaseelan not only wrestle with the lawful complexities of defending themselves but also face extreme mental trouble as they explore through a general public fast to condemn.

For instance, in a state like Tamil Nadu, the cultural accentuation on standing and honour puts extra weight on the blame on men. The shame related to being named a lawbreaker, particularly in cases including charges of sexual wrongdoing, can cripple. The accused frequently experiences feelings of shame, isolation, and strained relationships. The effect isn’t restricted to the individual alone; it reaches out to family, companions, and expert circles, making a gradually expanding influence on mental pain.

Hearty, emotionally supportive networks are pivotal in alleviating the mental cost of deceitful complaints. Sadly, Tamil Nadu, like many other regions, lacks adequate structures for providing wrongfully accused individuals with emotional and mental health support. The shortfall of particular advising administrations custom-fitted to address the one-of-a-kind difficulties these people face compounds their misery.

To address these loopholes, there is an earnest need to lay out emotionally supportive networks explicitly intended for people confronting misleading allegations. Advising administrations ought to be made open to assist the charge in adapting to nervousness, wretchedness, and injury related to being improperly embroiled. These administrations should stretch out past lawful guides to incorporate psychological well-being support, perceiving the interconnected idea of legitimate and mental prosperity.

Attracting motivation from effective models in different areas, states could profit from cooperative endeavours between psychological wellness experts, legitimate specialists, and support gatherings. Such coordinated efforts can prompt the advancement of exhaustive help programs that deal with advising, peer backing, and assets to assist people with reconstructing their lives post-absolution.

All in all, tending to the mental effect of dishonest complaints across states requires a diverse methodology. The region has the potential to significantly contribute to the development of resilience and mental well-being for those who have been wrongfully accused by prioritizing establishing specialized support systems and counselling services.

Pressing factors

Perennially, there was a shortage of explicit provisions addressing male sexual assault victims, and the newly presented IPC bills in India were no exception. While the legislation came when the whole fraternity was hoping for relief and a fresh endeavour in the new bills, it was in vain. Even though they have made some progress toward gender neutrality, there are still loopholes that leave males susceptible to harassment. Here are some of the reasons why:

1. Historical and Social Context:

Patriarchal norms: Traditionally, Indian society saw males as perpetrators of sexual abuse rather than victims. This deeply embedded perspective makes it difficult to recognize and confront male sexual assault.

Stigma and shame: Associated with emasculation and public scorn, male victims frequently experience enormous pressure to keep silent for fear of being condemned or shunned.

2. Challenges in Addressing Male Sexual Assault:

Male sexual assault cases are severely underreported due to stigma and a lack of knowledge, making it difficult to adequately measure the frequency and gather data to guide policy improvements.

Evidence gathering: Due to the nature of the crime and social prejudices regarding masculinity and vulnerability, proving male sexual assault in court can be difficult.

Existing legal framework: While the IPC use gender-neutral terminology for some sexual offences, specific provisions addressing male victims, notably those involving penetration and non-penetrative acts, are lacking.

3. Progress and Hope:

Recent Amendments, such as the 2013 revisions to the IPC, make “sexual assault” a gender-neutral infraction, allowing male victims some legal relief.

Perhaps in 2013, the POCSO Act: The Protection of Children from Sexual Offenses Act (POCSO) Act of 2012 provides children of any gender with comprehensive protection from sexual offences, which is a laudable step.

Changing the discourse: The ongoing discussions and lobbying efforts are urging IPC amendments to include entirely gender-neutral sexual assault protections that respect the vulnerability of all genders.

Recommendations

Changes are essential to keeping a fair and straightforward overall set of laws that shield people’s privileges, paying little heed to orientation. A few vast enhancements may be assessed concerning bogus claims and the obstructions that men defy.

Raising awareness and Strengthening the legal framework:

Breaking down the stigma surrounding male sexual assault through education and open dialogue is crucial to encourage reporting and seeking help.

Dedicated support systems must be Established with specialized support centres and helplines for male victims to access counselling, legal aid, and medical assistance is essential.

Moreover, the new IPC bills must include specific provisions addressing male sexual assault, with clear definitions of non-consensual acts and robust mechanisms for reporting and investigation, which is necessary to ensure equal protection under the law.

Birth Of Men’s Rights Associations

Primarily, those who are in denial about males facing issues throughout the world need to be addressed, and a severe dialogue has to be initiated. Because of such misandrists, the entire community faces backlash. While feminism is addressing the concerns of women, and in my opinion, there is nothing wrong with meninism, too, as there arises a need for the hour.

Men are perenially viewed as criminals, and this is because of a few bad apples present in every barrel. Remember that these bad apples can seriously undermine the original intentions of any well-meaning idea, such as an association for men. Men are constantly seen as criminals, which is a wrong—wrong representational image.

This is not to acquire power and march towards an exalted position but to retain fundamental rights and stand up for the other polyphonic male voices in distress. With the essence of unity and support, even mountains can be challenged.

Further Collecting perspectives on men’s legal challenges by working with men’s rights associations is pivotal. These might contribute to the change interaction and push for changes that address the remarkable requirements of the individuals they serve.

Gender unbiased Lawful Structures

Gender-neutral terminology and application should be included in legal frameworks. Inappropriate behaviour, attack, and other offence regulations ought to give equivalent insurance to all people, perceiving that people can both be casualties and culprits. Moreover, establishing legal aid programs specifically designed to assist men facing false allegations is crucial. This could incorporate monetary help for lawful portrayal, guiding, and course during the legitimate methodology.

Further, an obligation to prove any claims, say in conditions of fraudulent allegations, the responsibility to verify anything should be re-evaluated. The legal framework ought to ensure that the burden does not fall excessively on the blamed, recognizing their troubles in exhibiting their honesty.

Legitimate Proficient Preparation

Carry out complete, legitimate, proficient preparation programs for judges, lawyers, and policing. Preparing ought to stress tending to bogus charge circumstances unbiasedly, staying away from inclination, and ensuring a fair preliminary for all gatherings included.

Mediation and Alternative Dispute Resolution (ADR)

Encourage mediation and other alternative dispute resolution (ADR) to resolve issues outside the judicial system. These techniques must be fair, open, and accessible to feuds. Trained mediators who can assist parties in obtaining mutually acceptable solutions may decrease the adversarial nature of the legal process.

Case assessment and Checking

Establish procedures for regularly evaluating and monitoring instances of false charges. This can help identify patterns of misconduct or misbehaviour and contribute to ongoing enhancements of legal systems. Informant Security: Institute or upgrade informant security regulations to urge individuals to approach with information concerning bogus charges or misconduct. Shields should be set up to safeguard individuals who uncover wrongdoing from retaliation.

Strategy Audit and Change

Survey and update strategies on inappropriate behaviour, attacks, and misleading cases consistently to guarantee they stay current and fair. To continuously improve the legal system, policymakers should be open to suggestions and eager to implement them. Send off available mindfulness endeavours to instruct the general population about the risks of misleading charges and their outcomes. These publications ought to feature the supposition of honesty except if demonstrated blameworthily and cultivate more modern information on legal techniques.

Enhance the resources available to those who have been wrongly accused. This incorporates mental guidance, support gatherings, and apparatuses to help people manage the profound and cognitive outcomes of misleading charges. These changes will require a planned exertion from legitimate specialists, officials, promotion associations, and society overall. These progressions expect to protect people’s privileges and prosperity by fixing defects in the overall set of laws and supporting a fair and impartial methodology, creating an all-more-only society for all.

Conclusion

The male fraternity burst into laughter when they heard the phrase: “Do not fear if you have not committed the crime.” Because they never knew which women, whom they would have never even associated with in their life, would be implicating them in a false case

Sarnath is no stranger to the controversy; he welcomes it with two arms. However, not this time, where allegations were patently false and made up to extort money from him.

The lack of training or orientation, proper mediation during altercations, absence of investigation, and lousy policy-making led to a vendetta, for which both men and women are facing flak. It is high time we recognized these issues and stood up for all genders, with special laws in place for the male fraternity.