Abstract
Harassment is usually seen as an issue faced by women, but boys and men also become victims of it in different places such as homes, schools, workplaces, and public spaces. Unfortunately, society often ignores their suffering because of stereotypes like “men should always be strong” or “men cannot be victims.” This silence creates a situation where male victims do not get legal protection or social support.
In India, laws like the Indian Penal Code (IPC), the Protection of Women from Domestic Violence Act, 2005, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, are mostly gender-specific and provide protection only to women. As a result, men who face harassment are often left without remedies. This article studies the issue of harassment against boys and men by analyzing its different forms, the existing legal framework in India, important case laws, international comparisons, and the challenges faced by male victims. It also gives recommendations for legal reforms, awareness campaigns, and social change to create a gender-neutral justice system.
This research argues that harassment is a human rights issue and should not be seen only through the lens of gender. By bringing attention to the neglected reality of harassment against boys and men, this article hopes to encourage reforms that will ensure justice and dignity for all individuals, irrespective of their gender.
Introduction
Harassment is a social problem that can affect anyone, regardless of gender, age, or social background. However, in public discussions and legal systems, harassment is usually seen only as an issue faced by women. Because of this, the experiences of boys and men as victims remain hidden and ignored. Social stereotypes such as “men should always be strong,” “men cannot be weak,” or “men are always aggressors” make it very difficult for male victims to speak about their suffering. This silence leads to a lack of recognition, legal remedies, and support systems for men who face harassment.
In India, the laws dealing with harassment are mostly gender-specific. For example, Sections 354 and 375 of the Indian Penal Code deal with sexual offences, but these provisions only recognize women as victims. Similarly, the Protection of Women from Domestic Violence Act, 2005, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, provide remedies only to women. This legal framework clearly shows that men, even if they face similar situations, do not have equal protection under law.
At the same time, cases of male harassment are not just rare or imaginary. Studies and reports have shown that men can face harassment in schools, colleges, workplaces, public spaces, and even in their own homes. They may suffer physical violence, emotional abuse, false accusations, or sexual harassment. The absence of proper laws and the presence of social stigma force many of them to remain silent, which increases their suffering.
This research article aims to study the issue of harassment against boys and men in detail. It will first explain different forms of harassment, then examine the legal framework in India and the approach of the courts. It will also include a comparison with international laws, discuss the challenges faced by male victims, and finally suggest recommendations for reforms. The goal is to highlight that harassment is not only a “women’s issue” but a human issue, and every victim, irrespective of gender, deserves justice and protection.
Understanding Harassment Against Boys and Men
When we hear the word “harassment,” most people immediately think of women as victims. But the reality is that boys and men also face harassment in many forms. The difference is that their experiences are often hidden because of cultural beliefs and social expectations. In Indian society, phrases like “mard ko dard nahi hota” (a man feels no pain) or “ladke rote nahi” (boys don’t cry) reflect the cultural belief that men must always appear strong and unemotional. These stereotypes create a mindset where boys and men are discouraged from showing vulnerability. As a result, even when they face harassment, they feel pressured to remain silent instead of seeking help.
Society usually teaches boys to be strong, unemotional, and dominant. Because of this stereotype, when a boy or man becomes a victim, he is either not believed or is shamed for not being “manly enough.” This silence is one of the main reasons why harassment against men is not taken seriously.
Types of Harassment Faced by Boys and Men
1. Emotional and Psychological Harassment
Men are often subjected to mental abuse such as constant criticism, humiliation, blackmail, or threats. In homes, some men may face mental torture in their marriages or family relationships but are unable to complain because society assumes that men cannot be “victims.” Similarly, boys in schools or colleges may face bullying or verbal abuse that deeply affects their mental health.
2. Physical Harassment and Violence
Just like women, men also experience physical violence. This can happen in domestic situations, workplaces, public places, or even in prisons. Physical harassment may include beating, slapping, or using force to intimidate or control men. However, cases where men are victims are rarely reported or recorded because most laws do not recognize them.
3. Sexual Harassment and Abuse
This is the most ignored area. Men can be victims of unwanted sexual advances, inappropriate touching, or even sexual assault. Studies have shown that boys are often vulnerable to sexual abuse in schools or by people they trust. At workplaces, men may also face sexual comments, gestures, or exploitation. Unfortunately, Indian laws on sexual offences are largely gender-specific, recognizing only women as victims.
4. Workplace Harassment
Workplace harassment usually refers to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, but men also suffer harassment at work. They may face discrimination, exploitation by senior staff, bullying by colleagues, or even false complaints of harassment. The absence of a gender-neutral law makes it difficult for them to seek justice.
5. Domestic Harassment
In domestic situations, men may face harassment in the form of emotional abuse, denial of access to children, financial blackmail, or false criminal cases. The Domestic Violence Act, 2005, gives remedies only to women, which leaves male victims without any proper legal support.
6. Cyber Harassment
With the rise of social media, many boys and men also face online bullying, threats, or misuse of personal information. Cases of men being harassed by fake profiles, blackmail for money, or revenge pornography are increasing, but these cases are not discussed openly.
Social Stereotypes and Silence
The biggest barrier for male victims is not only the lack of legal protection but also the stigma of society. A man who complains of harassment is often mocked with statements like “Men cannot be victims” or “Be a man, don’t cry.” Because of such attitudes, many men choose not to report the harassment. Some fear that people will laugh at them, while others worry that police or courts will not take them seriously. This silence adds to their trauma and makes harassment against men a neglected reality.
Research studies show that many men experience harassment in their lifetime, but only a very small percentage report it. This gap between reality and reporting creates a false impression that men do not face harassment, which is not true. The truth is that men are victims too, but they remain invisible in the current legal and social framework.
Legal Framework in India
The legal system of India provides several provisions to deal with harassment, but most of them are designed only to protect women. This shows that while the law recognizes harassment as a serious crime, it fails to address the fact that men can also be victims. Below is an overview of the main legal provisions that deal with harassment and their gender-specific nature.
Indian Penal Code (IPC), 1860
Section 354 – Outraging the Modesty of a Woman
This section makes it a crime to assault or use criminal force on a woman with the intention of outraging her modesty. The punishment can be imprisonment of one to five years along with fine. While this provision is important for protecting women, it does not recognize men as possible victims of modesty-related offences. If a man faces a similar assault, the law does not provide any specific remedy.
Section 375 – Rape
This is one of the most important provisions in the IPC, which defines rape and gives punishment up to life imprisonment. However, the wording of this section clearly states that only a man can be the offender and only a woman can be the victim. In other words, if a man is sexually assaulted, Indian law does not call it “rape.” At best, such cases may be tried under Section 377 (unnatural offences), but this does not truly reflect the reality of male sexual victimization.
Section 498A – Cruelty by Husband or Relatives of Husband
This section deals with cruelty by a husband or his family against a wife. It was introduced to protect women from domestic violence and dowry-related harassment. However, there is no similar provision for men who face cruelty in marriage. In fact, reports of misuse of Section 498A are also common, where false cases are filed against husbands and their families. Still, the law does not provide any remedy for male victims of domestic harassment.
The Protection of Women from Domestic Violence Act, 2005
This Act was created to give women protection from domestic abuse, including physical, emotional, sexual, and economic violence. It provides remedies such as protection orders, residence orders, and monetary relief. However, the Act is strictly limited to women as victims. Men, even if they face the same kind of violence at home, are not covered. This is one of the major gaps in Indian law because domestic violence is a reality for both genders.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)
This Act was passed after the Supreme Court’s famous Vishaka v. State of Rajasthan (1997) judgment, which laid down guidelines to protect women from sexual harassment at work. The Act makes it mandatory for all organizations to have an Internal Complaints Committee and provides remedies for women facing harassment at the workplace. But once again, the law is not gender-neutral. If a man is harassed at work, he cannot file a complaint under this Act.
Other Related Provisions
Section 509 IPC: Punishes words, gestures, or acts intended to insult the modesty of a woman.
Dowry Prohibition Act, 1961: Protects women against dowry demands.
Indecent Representation of Women (Prohibition) Act, 1986: Prevents indecent portrayal of women in media and advertisements.
All these laws clearly show a woman-centric approach. While women surely need protection due to high vulnerability, ignoring men completely is not a fair or balanced system of justice.
Need for Gender-Neutral Laws
The Indian Constitution guarantees equality before law under Article 14 and prohibits discrimination under Article 15. If men also face harassment but do not have equal remedies, it creates an imbalance. A gender-neutral legal framework would not reduce protection for women but would simply extend it to all victims, irrespective of gender.
Judicial Approach and Case Laws
The Indian judiciary has played an important role in expanding the meaning of harassment and protecting women from abuse. However, when it comes to male victims, the approach of the courts has been very limited. Since most laws are gender-specific, courts are also bound by the wording of the statutes. As a result, male harassment cases rarely find recognition in legal proceedings.
Vishaka v. State of Rajasthan (1997)
In this landmark case, the Supreme Court laid down guidelines to protect women from sexual harassment at the workplace. These guidelines later became the basis for the POSH Act, 2013. The Court clearly recognized workplace harassment as a violation of fundamental rights under Articles 14, 15, and 21 of the Constitution. While the judgment was progressive, it only focused on women, leaving men outside its scope.
Sakshi v. Union of India (2004)
In this case, a petition was filed demanding a wider definition of sexual offences to include non-penetrative acts and protection for all victims, including boys. The Supreme Court accepted the need for child protection but did not extend rape laws to cover male victims. Later, the Protection of Children from Sexual Offences (POCSO) Act, 2012, was enacted, which is gender-neutral for children but not for adult men.
Independent Thought v. Union of India (2017)
Here, the Court dealt with the issue of child marriage and sexual relations with minor wives. The judgment was progressive in terms of child rights but once again highlighted how the law only protects female victims. The case showed that legal reforms are happening, but men as victims are not part of the discussion.
Misuse of Section 498A IPC
Courts have also recognized that Section 498A, which deals with cruelty against women, is sometimes misused to file false cases against husbands and their families. In Arnesh Kumar v. State of Bihar (2014), the Supreme Court issued directions against automatic arrests in 498A cases, acknowledging that misuse of the law can harm innocent men. However, while the Court tried to control misuse, it still did not create any legal remedy for male victims of domestic harassment.
Observations by High Courts
Some High Courts have informally recognized the problem of male harassment. For example, the Delhi High Court in Hitesh Verma v. State of Uttarakhand (2020) observed that false allegations can destroy a man’s dignity and career. Such observations show judicial awareness, but they have not yet translated into legal reforms.
Judicial Limitations
The judiciary in India cannot create new laws; it can only interpret the existing ones. Since most harassment-related laws are written in a gender-specific way, courts often express sympathy but are unable to grant remedies to men. This shows the urgent need for Parliament to pass gender-neutral legislation.
Challenges Faced by Male Victims
Even though harassment against boys and men is a real problem, their struggles remain invisible because of many social and legal challenges. These challenges not only stop men from reporting harassment but also make them suffer in silence.
- Social Stigma and Stereotypes: The biggest challenge for male victims is society’s mindset. From childhood, boys are told that they must be strong, protect others, and never show weakness. So, when a man says that he has been harassed, most people either laugh at him or refuse to believe him. Comments like “A man cannot be a victim” or “Be a man, don’t cry” force men to hide their pain. This stigma makes male harassment almost invisible.
- Lack of Legal Protection: Most Indian laws are designed only to protect women. If a man is harassed sexually, emotionally, or domestically, there is almost no legal remedy available to him. For example, a man cannot file a complaint under the Domestic Violence Act, 2005, or the POSH Act, 2013. This legal gap discourages men from coming forward because they know the law does not support them.
- Fear of Mockery and Humiliation: Many men do not report harassment because they fear being mocked. If a man goes to the police and says he was sexually harassed, there is a high chance that he will not be taken seriously. Sometimes, even police officers make fun of male victims. This humiliation adds another layer of suffering and prevents men from seeking justice.
- Misuse of Laws: Another major challenge is the misuse of women-centric laws. For example, false cases under Section 498A IPC or false accusations of sexual harassment can destroy a man’s career, reputation, and family life. Even though courts have recognized misuse, there are still no safeguards or remedies for men who face such false allegations.
- Lack of Support Systems: While there are many NGOs, helplines, and shelters for women victims, there are almost no such support systems for men. If a man is harassed, he does not know where to go for help. Lack of counseling services, legal aid, or safe homes makes the situation worse for male victims.
- Mental Health Issues: Because of all these challenges, many male victims suffer silently and develop mental health problems like depression, anxiety, and low self-esteem. Since society does not recognize their pain, they often do not get medical or emotional support. In extreme cases, some men even take the step of suicide due to unbearable harassment and lack of support.
Recommendation
To solve the problem of harassment against boys and men, only making laws is not enough. There must be a change in both the legal system and the mindset of society. Below are some recommendations that can help in addressing this neglected issue:
- Gender-Neutral Laws: Sections 354 and 375 of the IPC, the Domestic Violence Act, 2005, and the POSH Act, 2013, should be amended to cover “any person” as a victim instead of only “women.”
- Safeguards Against Misuse of Laws: Strict checks should be enforced before arrests, and false complainants should be punished.
- Support Systems for Male Victims: Helplines, counseling centers, and shelters should be set up for men facing harassment.
- Awareness Campaigns: Campaigns should challenge stereotypes and spread the message that harassment can happen to anyone.
- Training for Police and Authorities: Police officers, lawyers, and judges should be trained to handle male harassment cases sensitively.
- Academic Research and Data Collection: NCRB and universities should collect and analyze gender-neutral data on harassment.
- Role of Media: Media should highlight real stories of male harassment along with women’s issues.
Conclusion
Harassment is not limited to women; boys and men can also be victims, but their struggles often remain invisible due to social stigma and gender-specific laws. Current Indian laws such as IPC Sections 354 and 375, the Domestic Violence Act, and the POSH Act focus only on women, leaving men without equal protection.
The need of the hour is to treat harassment as a human rights issue, not a gender issue. Gender-neutral laws, awareness campaigns, support systems, and balanced implementation can ensure that justice is available to every victim. True equality means that no one should be denied protection just because of their gender.
References
- Indian Penal Code, 1860.
- Protection of Women from Domestic Violence Act, 2005.
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
- United Nations General Assembly. (1993). Declaration on the elimination of violence against women.
- Kumar, S. (2019). Gender neutrality in Indian criminal laws…
- Bhattacharya, R. (2021). Men as victims…
- National Crime Records Bureau. (2020). Crime in India Report.
- Vishaka v. State of Rajasthan, AIR 1997 SC 3011.
- Sakshi v. Union of India, AIR 2004 SC 3566.
- Independent Thought v. Union of India, AIR 2017 SC 4904.
- Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.
- Hitesh Verma v. State of Uttarakhand, AIR 2020 SC 5584.