On Monday, the Supreme Court of India, declining to entertain a Public Interest Litigation (PIL), refrained from discussing the creation of a National Commission for Men which would investigate suicides among married men [Mahesh Tiwari v. Union of India]. This refusal from the court came from a bench constituted by Justices Surya Kant and Dipankar Datta, expressing their views on the petition's seemingly one-dimensional perspective.

In a court session, the bench of justices remarked, "No question of misplaced sympathy for anyone. You just want to portray a one-sided picture. Can you give us data of young girls dying soon after marriage?" This pointed question clearly revealed their perspective on the issue, implying that the petition did not consider the entire scope of the problem, neglecting to account for the plights and perils faced by young women in their early marital life.

Furthermore, the court justified its refusal by emphasizing that the existing criminal law provides enough measures to deal with such situations, thereby ensuring that people affected by such circumstances are not left without recourse. The court added, "Nobody wants to commit suicide, it depends on the facts of an individual case. Criminal law takes care, not remediless."

The PIL in question had requested the court's consideration for developing guidelines to support married men contemplating suicide, especially in situations where they have been victims of domestic violence.

The petitioner, Advocate Mahesh Kumar Tiwari, arguing in person, urged the Central government to establish a National Commission for Men with a specific focus on this issue. He further requested the court to direct the National Human Rights Commission to investigate cases of suicides and domestic violence involving married men.

In his plea, Tiwari recommended that the Law Commission of India should thoroughly examine the matter, subsequently producing a comprehensive report that might pave the way for the creation of the proposed commission.

The argument put forward by the petitioner was significantly supported by data from the National Crime Records Bureau, which showed notable instances of suicide among married men attributed to marital stress.

The plea further insisted that, until the necessary legal framework is put in place, the police should accept complaints lodged by men regarding these issues. Such complaints, the plea suggests, should then be referred to State Human Rights Commissions for examination and action.

The argument for a 'National Commission for Men' or 'Ministry of Men' in India

As awareness about sexual assault cases increases in the wake of the MeToo movement, there has been a surge in women reporting these incidents. However, with this increase, there are also instances of false allegations that could potentially tarnish the reputations and careers of men. This situation has led men's rights activists to campaign for a dedicated 'National Commission for Men.'

This demand is not a recent development. Activists have been lobbying the government for several years, arguing that a number of laws in India are disproportionately biased against men.

According to the 2011 census, men constitute 51.47% of India's population. Despite this, there is no governmental body focusing on men's rights, while a 'Ministry for Women & Child Development' exists. This situation seems undemocratic and unbalanced, considering that no individual should be neglected based on their gender in a democratic country.

While stricter laws and mechanisms have been put in place to address sexual harassment, rape, and domestic violence cases, these same laws have unfortunately been misused in some instances, leading to the defamation and harassment of innocent men. The creation of a 'Ministry of Men' could provide an avenue for these men to plead their case without undermining the importance of protecting women's rights.

In societies with a skewed sex ratio favoring men, crimes against women tend to increase significantly. In India, crimes against women and juveniles are escalating, and horrifyingly, crimes against minor girls have surged since 2012. This grim reality necessitates a societal transformation. India's deep-rooted patriarchal system needs to shift towards an egalitarian society where women are granted equality in all aspects of life. A vital step in this transformation is the re-education and reformation of men's attitudes and perceptions towards women. A 'Ministry of Men' could effectively facilitate such a shift.

Furthermore, issues like drug addiction, which predominantly affects the male youth population, can be addressed by this proposed body. By understanding why young, capable men are resorting to such harmful activities, proactive measures can be taken.

Academic performance is another area of concern, as it is observed that girls often outperform boys in schools. Additionally, the majority of unemployed youth seeking jobs are men. A 'Ministry of Men' could offer solutions to these problems.

Societal responses to gender-based violence also highlight the need for a 'National Commission for Men.' If a woman suffers harassment or is in distress, society is generally more willing to assist her. However, the same support is not extended to men who are victims of domestic violence or sexual harassment. The absence of a governmental entity for them to turn to, coupled with societal mockery, contributes to the alarming statistic that married men are twice as likely to commit suicide compared to married women. To tackle these gender stereotypes and discrimination, a 'National Commission for Men' is crucial.

Considering these factors, it is evident that establishing a 'Ministry of Men' or 'National Commission for Men' could significantly benefit Indian society.

Why this petition matters

In the diverse and populous nation of India, home to over 1.3 billion people, there's a glaring absence of a dedicated platform where men—representing half the population of the world's second-largest democracy—can voice their grievances and receive impartial, unbiased, and empathetic solutions. In a society striving for gender equality and justice, it's concerning that men are not acknowledged as potential victims of gender-based crimes, including various forms of domestic violence, sexual assault, harassment, and stalking. Under current perceptions, a man can only be a perpetrator, never a victim.

While cruelty, both physical and mental, inflicted upon a wife is considered a criminal offense in India, the same treatment towards a husband is merely grounds for divorce. Despite legislative advancements providing severe punishments, including death penalty for rapists of girls and women, adult men are not included in the legal definition of rape victims—even when the perpetrator is another male.

There are multiple recorded instances where men, when reporting any form of harassment or abuse, are told by law enforcement authorities, "There are no laws to protect you."

Even though there are various bodies at district, state, national, and central levels dedicated to protecting women's interests and addressing their grievances, not a single entity in India focuses on issues faced by men and boys.

Countless examples exist of men suffering extreme domestic violence, harassment, torture, and injustice. Many documented cases highlight men being falsely accused under women-centric legislations. However, these instances do not form "statistics" because no legal framework or organization is in place to research, analyze, assess, and "record" these abuse cases to inform protective legislation.

Numerous overlooked issues related to men's physical, mental, and psychological well-being persist, largely ignored by lawmakers, the judiciary, and the broader system.

Considering these realities, myself, and many other concerned citizens, call on the Government of India to establish a "National Commission for Men." This body would be dedicated to addressing problems, issues, grievances, and concerns specifically related to men and boys, taking a step towards achieving genuine gender justice.

Recently, Member of Parliament, Shri Harinarayan Rajbhar, proposed the formation of such a commission, advocating for justice for men who have been harassed, ill-treated, and subjected to injustice.

We implore the government to acknowledge the evolving societal realities and uphold the fundamental principles of our constitution—non-discrimination based on caste, creed, religion, or gender. Establishing a body dedicated to men's issues is crucial for fostering a society that equally values all its citizens, including women and men.

Key demands include:

1. Establishment of a "National Commission for Men," a dedicated institution addressing men's issues, welfare, well-being, and the injustices faced by men in Indian society today.

2. Recognition of International Men's Day on November 19 in parliament, which includes focused discussions on men's issues and appreciation for men's contributions to society across various spheres.

3. A National Helpline for Men, providing a platform for men to report their problems and seek assistance.

4. Launch of special initiatives aimed at preventing suicides among men, as the current suicide rate among men is twice that of women. The government needs to comprehend and address the factors compelling so many men to take their own lives.

5. Implementation of gender-neutral campaigns against sexual, physical, and economic abuse and exploitation, acknowledging that a large number of boys are also victims. This includes creating improved living conditions for boys rescued from such abuses and addressing their unique issues.

6. A nationwide awareness campaign for "Prostate Cancer" and other health issues predominantly affecting men.

7. Inclusion of men in National Family Health Survey and other government-funded data collection initiatives, focusing on gender issues. At present, only women are surveyed about domestic, physical, sexual, or financial abuse.

8. Rehabilitation, support, and skill development for homeless men ostracized by society.

9. Review of women-centric laws to prevent misuse, and compensation and rehabilitation for men affected by false accusations.

10. Collection of data related to crimes against men and formulation of gender-neutral laws to address these crimes.

11. Amendments to laws that are biased against men and infringe upon their constitutional rights.

12. Mandatory shared parenting in divorce disputes to prevent fathers from being alienated from their children's lives.

13. Improved living conditions for men incarcerated as under-trials in jails.

14. Concrete measures to tackle male child labor, which is widespread across India.

15. Better working environments, healthcare facilities, and mental health support for men employed in the toughest jobs across various industries.

While this list is not exhaustive, it highlights pressing issues that experts could consult on should the government proceed with establishing a body like the "National Commission for Men," with a clearly defined vision, scope, and interventions.