Blindfolded But Not Unbiased: Gender Disparities in Criminal Law

India's criminal justice system upholds equality and unbiasedness, yet practicality signifies the difference. Evidence tracing back to the justice system suggests there has been engraved bias towards women in the Indian justice system. One of the main reasons could be women have been part of the exploitation, torture, and victimization for ages, so the modern justice system developed an unconscious bias towards women.

The Basic Biasness Observed in Criminal Laws are the Following

Custodial decisions: in family courts, especially in the cases of divorce the custody of the child is generally provided to the mother, ignoring the emotions of the father, showcasing bias.

Perceptions of male victims: Societal attitudes often undermine male victims, particularly in the cases of sexual assaults. This bias leads to underreporting of assaults against men about injustice for them.

Sentencing disparities: research says that men receive longer sentences for offences like that committed by women.

Recent Case Determining the Ignorance of Law Towards Male Victim

The Case of Atul Subhash 

The tragic death of 34-year-old AI Techie Atul Subhash in December 2024 has ignited significant discussions about the complexities of matrimonial disputes and the potential misuse of legal provisions in India.

Background

Atul Subhash, originally from Bihar, was residing in Bengaluru, Karnataka. He married Nikita Singhania in April 2019, whom he met through a matrimonial website. The couple had a son together. Over time, their relationship became strained, leading to separation and contentious legal battles.

Allegations and Legal Disputes

In his 24-page suicide note and an 81-minute video recorded before his death, Atul accused his estranged wife, her family, and a family court judge of harassment, extortion, and corruption. He claimed that his in-laws demanded a settlement of ₹3 crore and that he was denied visitation rights to his son unless he complied with these financial demands. Atul also alleged that multiple false cases, including accusations of domestic violence and dowry harassment, were filed against him. He expressed concerns about judicial bias, particularly regarding Section 498A of the Indian Penal Code, which addresses cruelty by a husband or his relatives.

Aftermath and Legal Proceedings

Following Atul's death, his wife, mother-in-law, and brother-in-law were arrested on charges related to abetment of suicide. They were later granted bail by a Bengaluru court. The case has prompted widespread debate about the potential misuse of dowry laws and the need for gender-neutral legal reforms. Advocates have called for a reevaluation of existing legal frameworks to prevent the exploitation of laws intended to protect vulnerable individuals.

Broader Implications

Atul Subhash's death has highlighted concerns about the balance between protecting individuals from domestic abuse and preventing the misuse of protective laws. It underscores the importance of ensuring that legal systems are fair and impartial, providing justice for all parties involved in matrimonial disputes. .

Factors Contributing to Bias

• Societal Expectations: Deep-rooted views of masculinity influence legal outcomes, often to the detriment of men. These stereotypes can affect judgments and sentencing in criminal cases.
• Legal Precedents: Historical legal decisions have sometimes perpetuated gender biases, reinforcing disparities in the treatment of men within the justice system.
• Media Representation: The portrayal of male defendants and victims in the media can shape public perception and, consequently, influence legal proceedings.

Efforts Towards Fairness

• Legal Reforms: Initiatives aimed at reducing gender bias against men in sentencing and prosecution are essential. Implementing standardized sentencing guidelines can help mitigate disparities.
• Advocacy Groups: Organizations dedicated to men's rights play a crucial role in highlighting and addressing biases within the legal system.
• Training and Education: Educating legal professionals about implicit biases can lead to more equitable treatment of all individuals, regardless of gender.

Challenges in Achieving Equality

• Resistance to Change: Societal and institutional resistance can hinder efforts to address and rectify biases against men.
• Intersectionality: Factors such as race, socioeconomic status, and sexuality intersect with gender, complicating the pursuit of fairness in the criminal justice system.

In conclusion, while the criminal justice system strives for impartiality, biases against men persist in various forms. Addressing these issues requires comprehensive reforms, increased awareness, and a commitment to equality for all individuals.