-By Rudrangshi Saha
Ever encountered that one friend who seems determined to win the trauma Olympics? You say, “I fell off a bicycle,” and they respond, “Oh, well, I never had a bicycle because my parents didn’t love me.” Aggravating, isn’t it? Now scale that up to public discourse, and you get the average modern-day “oh-look-I’m-so-cool-I-care-about-gender-equality-yay-I’ll-scream-feminism-while-I-drown-your-facts-under-my-obnoxious-unasked-emotions” debate- a melodramatic spectacle where self-righteous indignation triumphs.
On one side, we have the loud chorus proclaiming, “Men are monsters!” On the other, an equally boisterous faction shouting, “Women misuse the law!” And caught between this vicious crossfire, the vox populi- confused, conflicted, coerced into taking sides, risks being labelled a misogynist or misandrist for merely staying neutral. This binary worldview thrives on chaos, but has this obsession with division blinded us to the deeper malaise?
The Indian judicial system, much like our centuries-old patriarchal mindset, continues to wear its archaic robes while pretending to march toward progress. Our beloved Nyay ki Devi may stand un-blindfolded in statues, but in reality, she sees only what power and prejudice dictate. Laws meant to protect have become double-edged swords, wielded indiscriminately in a courtroom where truth is too often reduced to technicality and legal loopholes.
Way back in 2014, The Hindu published a startling article highlighting the rampant misuse of dowry laws by women, reporting that nearly 80% of the cases they encountered turned out to be false (https://www.thehindu.com/news/cities/Delhi/around-80-of-the-cases-we-get-turn-out-to-be-false/article6266926.ece). Similarly, in a rather unnerving revelation back in 2012, The Times of India ran a headline boldly stating, “Men Too Are Victims Of Sexual Harassment” (https://timesofindia.indiatimes.com/life-style/relationships/love-sex/men-too-are-victims-of-sexual-harassment/articleshow/16336627.cms). Clearly, these discussions aren’t as novel as some would have us believe. If these issues have been thrust into the public eye for over a decade, where exactly lies the bottleneck? What force perpetuates this inertia? Are we truly expected to believe that those wielding legislative and judicial power remain blissfully oblivious to this festering sore? Hardly. The truth is, communal tokenism sells. Such misuse doesn’t garner political mileage; it isn’t seductive enough for mass outrage.
The crux of the issue isn’t about tallying who suffers more. It’s not about waving the banner of “not all men”, nor is it about deflecting with the tired refrain of “oh, but the women...!” The fundamental question we ought to be asking is this: why does our nation continue to languish under outdated, gender-biased laws that refuse to evolve with societal realities? It is this glaring absence of gender-neutral legislation and the willful inaction of the policymakers that stands as the true indictment of the real pursuit of our justice.
Just eight days ago, Atul Subhash’s wife was granted bail—a twist he had eerily foreseen in his final, heart-wrenching video where he implored that his ashes be poured down the gutter if justice eluded him. A mere five days later, a man in Uttar Pradesh ended his life under strikingly similar circumstances. This grim pattern of despair paints a haunting picture: men, trapped in endless legal entanglements and social condemnation, driven to end their lives with the faint hope that perhaps, in death, they may spark a long-overdue change for others enduring the same plight.
This isn't just about the men who bear the brunt of false accusations. Women, too, are collateral damage. For every false claim made, the credibility of genuine survivors is further eroded. Let’s face it: every 16 minutes, one woman falls prey to harassment. And among the myriad of women who face such heinous offences, the ones who dare to step forward, who have endured horrific trauma, now find themselves scrutinized with heightened suspicion. The fakes drown out the real, and those in desperate need of justice are left grappling with disbelief and societal cynicism.
Amidst this tainted reality, we hear murmurs: "If it were a woman, there would be candle marches already." While there is no doubt to the fact that women indeed face grave oppression, can we afford to overlook that it’s not about whether a man or a woman suffers—it’s about the suffering itself? As long as we continue to assign gendered importance to crime, we perpetuate injustice.
Even more appalling is the fact that in the 21st century, our legal framework stubbornly overlooks male, let alone transgender victims of rape, a grim oversight highlighted by the case in Gorakhpur where a 23-year-old man, allegedly gang-raped by four men, took his life hours later. While the Uttar Pradesh police booked the accused under Section 377 (formerly used for cases of homosexuality) of the Indian Penal Code, which loosely covers such cases, the Bharatiya Nyaya Sanhita turned out to have no provision for the rape of men or transgender people, allowing the perpetrators to go away, scot-free.
And why does such negligence persist? Because in a patriarchal society like ours, men are perceived as privileged; imbued with supposed liberty and power, which leads to the flawed assumption that they require no protection. This narrative highlights a perilous dichotomy: men as aggressors and women as quintisential victims, thereby ignoring the multifaceted reality of crime. Protection isn’t about gender—it’s about vulnerability. It’s about recognizing that anyone, regardless of gender identity, can fall prey to violence and exploitation.
The Mahabharata, in its chasmic wisdom, declares, “Yato dharmah tato jayah”—where there is justice, there is victory. But victory today belongs not to justice, but to whoever can shout the loudest. In this frenzied atmosphere, the real victims- those falsely accused and those genuinely wronged- are trampled underfoot. Women who have suffered real trauma find their credibility questioned because false cases have poisoned public perception. Men, meanwhile, are left without even the semblance of legal protection.
And while we engage in this fruitless tug-of-war, endlessly pointing fingers at which gender is more tainted, which one “has it worse,” we conveniently sidestep the real issue—the very institutions that have systematically rendered victims powerless and have enabled some to weaponize the law. Is it truly that difficult to comprehend that crime, whether petty or grievous, has no gender? Just as men can be rapists, so too can women. Just as women can manipulate the legal system, so too can men exploit it as a shield for their own transgressions.
The issue, then, isn’t about the inherent wrongness of one gender over another. It’s about the people, albeit their gender, who are capable of exploiting and abusing systems for their own benefit. So, why are we still lost in the illusion that justice should be dictated by anatomy, not by integrity? Think. Take a step back from the chaos of mainstream media, from the noise that feeds on sensationalism, and truly think. Think beyond the narratives constructed by those who have a vested interest in dividing us. Then, question.
"The impediment to action advances action. What stands in the way becomes the way." - Marcus Aurelius
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