Author By – Ritu Chaudhary (UILS, Panjab University)
Introduction
Since women are often the victims of harassment in the majority of legal frameworks and societal narratives, harassment is frequently seen through a gendered perspective. Although this emphasis is justified by the need to safeguard women, it has also marginalized males, another vulnerable group. In addition to lacking legal rights, male victims of harassment suffer additional obstacles because of the stigma associated with speaking out, which portrays them as weak or unmanly. Underreporting, insufficient support systems, and a general lack of justice for those impacted are the results of this silence. In this article, the ways that different legal systems including those in India, the US, the UK, and Canada, address the problem of male harassment are compared. In doing so, it draws attention to the shortcomings of the Indian judicial system and investigates how legal and mental reforms might result in a more impartial administration of justice.
Understanding Male Harassment: The Hidden Problem
Sexual harassment, emotional abuse, domestic violence, stalking, and cyberbullying are just a few of the various ways that male harassment manifests itself. But most of the time, when male victims come forward, they are either ignored or not given any weight. The notion that males are inherently powerful and in control has had a significant impact on how societies see abuse. Men are frequently prevented from even recognizing themselves as victims by this societal stereotype. Furthermore, men are often left without legal recourse or support networks because most harassment laws throughout the world were created with female victims in mind. This lack of exposure in public discourse and the legal system feeds a vicious circle of misery and silence.
India’s Gender-Specific Laws and the Absence of Male Protection
The laws pertaining to harassment in India are mostly gender-specific, favoring women as the sole victims who are acknowledged. Only female victims are specifically covered by laws like Section 354A of the Indian Penal Code, which makes sexual harassment a crime.[1] In a same vein, Section 498A protects only women but covers abuse by a husband or his family.[2] Another significant piece of law that fails to recognize males as possible victims of domestic violence is the Protection of Women from Domestic Violence Act of 2005.[3] Male workers are not included in the scope of even the historic Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.[4]
Despite being crucial for safeguarding women, these rules do not provide male victims with any direct legal redress under either civil or criminal law. Because of this, males who are harassed frequently depend on broad clauses like “defamation” or “causing hurt,” which are not specific to the type of abuse they endure. The idea that male harassment is either nonexistent or inconsequential is influenced by the absence of specific legal safeguards. Moreover, males have limited access to support services such as shelter houses and helplines.[5] There is also minimal governmental or institutional data on male victims, which perpetuates their invisibility in policy-making and legal reforms.[6]
The United States: Towards Gender-Neutral Legal Remedies
The American legal system has made great strides in the direction of gender neutrality, particularly when it comes to workplace misbehavior and harassment. Regardless of the victim’s gender, courts have construed Title VII of the Civil Rights Act of 1964, which forbids sex-based discrimination in the workplace, to encompass sexual harassment.[7] The concept that males can likewise be harassed by either gender was reinforced when the U.S. Supreme Court held in the case of Oncale v. Sundowner Offshore Services where the same sex harassment was protected because of this legislation of the supreme court.[8]
Despite its name, the Violence Against Women Act (VAWA) offers support and funds to all victims of domestic abuse, including men.[9] Male victims can also access several VAWA-funded shelters and counselling centers. Nonetheless, there are still issues with enforcement. Male victims may still be discouraged from reporting instances due to social shame and a lack of understanding within law enforcement. Although legislative safeguards are in place in theory, cultural attitudes and inadequate training of law enforcement and court personnel continue to impede their actual use.
The United Kingdom: Inclusive Legislation with Social Barriers
The legal system that is in the United Kingdom is mostly gender-neutral. Laws like the Domestic Abuse Act of 2021[10] and the Sexual Offences Act of 2003[11] do not differentiate between male and female victims. Similar to this, the Protection from Harassment Act of 1997[12] provides protection to anybody who is the target of intimidating or threatening behavior. A rising number of organizations, including the Mankind Initiative, provide support services tailored to males experiencing abuse,[13] and UK courts are beginning to acknowledge the validity of claims made by male victims.
In the UK, it is still difficult for male victims to be taken seriously, even with the legal inclusion. Men are frequently discouraged from acknowledging their victimization due to cultural views of masculinity. Additionally, there could be a persistent prejudice in favor of female plaintiffs in court cases involving domestic violence or child custody. Even if both genders are treated equally under the law, how institutions see and handle male victims may nevertheless affect how justice is experienced. However, the UK has taken a big stride forward with its attempts to encourage inclusion in institutional support and legislative language.
Canada: A Model for Gender-Inclusive Protection
Canada is unique in that it combines aggressive institutional assistance with legal neutrality. Both the Criminal Code[14] and the Canadian Human Rights Act[15] are designed to safeguard people of all genders. Workplace safety laws in provinces like Ontario require companies to offer a harassment-free workplace for all workers, and procedures are in place to guarantee adherence.[16] In order to create well-informed policy, Canada has also been actively gathering statistical data that includes male victims of sexual and domestic abuse.[17]
Both men and women can receive support from organizations such as the Canadian Resource Centre for Victims of Crime.[18] Additionally, the number of shelters and support organizations that are inclusive or specifically for men is growing. In an effort to encourage more males to come forward, public initiatives have worked to de-stigmatize male victimization. But problems still exist. The emotional cost of speaking up is still considerable, and there are still less resources accessible for male victims than for female victims. However, Canada takes a very balanced stance, protecting victims of both genders through a combination of public awareness, support services, and legislative measures.
Comparative Reflections: Learning from Global Approaches
There is a noticeable difference in how male harassment is handled between both legal systems when compared. Due to gender-specific regulations, a lack of understanding, and a lack of institutional support, India is still far behind[19]. Although gender-neutral legal frameworks have been adopted in the US and the UK, cultural prejudices still affect how male victims are viewed and handled. Although male victimization is still stigmatized, Canada provides the most comprehensive model with inclusive legislation and easily available support resources.
These parallels highlight how crucial it is to alter societal attitudes in addition to legislation. Policy efforts that acknowledge the particular difficulties experienced by male victims must be implemented in tandem with legal improvements. Governments must fund law enforcement training, increase the availability of support services, and launch inclusive awareness campaigns. Justice for everyone begins with the public’s recognition of masculine victimization.
The Way Forward: Recommendations for India
It is imperative that current laws be updated to include gender-neutral terminology in order for India to transition to a more inclusive legal system. All people, regardless of gender, must be included in the amendment of legislation like the Indian Penal Code, the Domestic Violence Act, and workplace harassment statutes. One crucial step is to either expand the reach of existing laws to be gender-inclusive or introduce new rules that particularly target male harassment. Prioritising the creation of support facilities like shelters, hotlines, and counselling specifically for male victims must go hand in hand with legislative change.
Campaigns for awareness must work to dispel the myths that keep males from speaking up. Toxic notions of masculinity that discourage vulnerability should be challenged in public spaces, workplaces, and educational institutions. In order to inform better policy making, data gathering procedures should also be enhanced to incorporate statistics on male harassment. Crucially, sensitivity courses should be incorporated into police, legal, and judicial officer training to prepare them to treat complaints from male victims with the gravity they merit.
Indian Constitutional safeguards for Women: Rights and Reality
Conclusion
For the battle against harassment to be effective, it must be inclusive. Male victims have been marginalized despite significant global advancements in the identification and treatment of violence and abuse against women. In addition to causing great misery, this silence blinds the pursuit of justice on both a legal and moral level. Legal systems must change along with society. The goal of protecting male victims is to ensure that justice is served for everyone, not to divert attention from women. Developing a more compassionate and inclusive judicial system may be learnt from nations like the United States, the United Kingdom, and particularly Canada. India and other countries with gender-specific legislation need to change their mindset. Regardless of gender, every victim has the right to protection, assistance, and hearing.
[1] Indian Penal Code, 1860, § 354A, No. 45, Acts of Parliament, 1860 (India).
[2] Id. § 498A.
[3] Protection of Women from Domestic Violence Act, No. 43 of 2005, INDIA CODE (2005).
[4] Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, No. 14 of 2013, INDIA CODE (2013).
[5] See Law Commission of India, Review of Rape Laws, Report No. 172 (2000), https://lawcommissionofindia.nic.in/reports/171rpt.pdf.
[6] National Crime Records Bureau, Crime in India 2022, Ministry of Home Affairs, Government of India, https://ncrb.gov.in/en/crime-india (last visited July 8, 2025).
[7] Civil Rights Act of 1964, 42 U.S.C. § 2000e–2 (2021).
[8] Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75 (1998).
[9] Violence Against Women Act, 34 U.S.C. § 12291 et seq. (2021).
[10] Domestic Abuse Act 2021, c. 17 (U.K.).
[11] Sexual Offences Act 2003, c. 42 (U.K.).
[12] Protection from Harassment Act 1997, c. 40 (U.K.).
[13] See Mankind Initiative, https://www.mankind.org.uk (last visited July 8, 2025).
[14] Canadian Criminal Code, R.S.C. 1985, c. C-46.
[15] Canadian Human Rights Act, R.S.C. 1985, c. H-6.
[16] See Occupational Health and Safety Act, R.S.O. 1990, c. O.1, § 32.0.1 (Can.).
[17] See Statistics Canada, Police-Reported Sexual Assaults in Canada, 2022, https://www150.statcan.gc.ca/n1/daily-quotidien/230125/dq230125b-eng.htm (last visited July 8, 2025).
[18] See Canadian Resource Centre for Victims of Crime, https://crcvc.ca (last visited July 8, 2025).
[19] Id.
About the Author
