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Lawyer's Arc > CRIMINAL LAW > Indian legal system on men mental health
CRIMINAL LAW

Indian legal system on men mental health

Indian legal system on men mental health
Yash Singhal
Last updated: 15/04/2025 4:55 PM
Yash Singhal
Published 15/04/2025
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Written By — Mohit Sharma

Contents
OverviewMisuse of Section 498A and Its ImplicationsAddressing Male Victimization and Legal GapsRedefining Masculinity and Encouraging Emotional ExpressionConclusion

Overview

In recent times, cases like Atul Subhash’s have ignited discussions about the challenges men face within India’s legal framework, particularly concerning mental health and societal expectations. This article delves into various facets of these issues, highlighting legal provisions, societal norms, and their impact on men’s mental well-being.​

Misuse of Section 498A and Its Implications

Section 498A of the Indian Penal Code was designed to protect women from cruelty in matrimonial homes. However, concerns have been raised about its misuse. The Supreme Court has acknowledged instances where this provision has been exploited, leading to undue harassment of husbands and their families. In a notable judgment, the Court emphasized the need for judicial prudence to prevent “over implication” and cautioned against accepting exaggerated allegations without scrutiny.​Challenges in Paternity and Child Custody Cases

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Paternity disputes present significant emotional and legal challenges for men. The Supreme Court has ruled that in a valid marriage where spouses have access to each other, the husband is presumed to be the legal father of the child, even if biological evidence suggests otherwise. This presumption can complicate matters for men seeking to contest paternity.​

Child custody battles further highlight the uphill battle fathers often face. An RTI response revealed that out of 83 child custody cases, only in two instances was custody awarded to the father. This underscores the prevailing bias favoring mothers in custody decisions, sometimes at the expense of the child’s best interests.​

Addressing Male Victimization and Legal Gaps

Male victims of sexual assault encounter unique challenges. The omission of provisions addressing male rape in the Bharatiya Nyaya Sanhita has raised concerns about legal protections for men and transgender individuals. This legal gap leaves male victims without adequate avenues for justice and support.

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​Societal Expectations and Mental Health Stigma

Societal norms typically dictate that men should embody toughness and emotional restraint. This expectation discourages men from expressing vulnerability or seeking help for mental health issues. A study highlighted that cultural norms in India prevent men from openly addressing emotional struggles, contributing to a silent crisis in men’s mental health

The stigma surrounding men’s mental health is further evidenced by the disproportionately high suicide rates among men. According to NCRB data from 2021, approximately 70% of all suicides in India were committed by men, translating to over 100,000 male suicides annually.​

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Redefining Masculinity and Encouraging Emotional Expression

Redefining societal perceptions of masculinity is crucial. Encouraging men to embrace traits like empathy, patience, and expressiveness can lead to healthier emotional lives. Promoting acceptance of men in nurturing roles, such as nursing or teaching, can challenge traditional gender norms and provide positive role models for future generations.​

Conclusion

The intersection of India’s legal system and societal expectations presents multifaceted challenges for men’s mental health. Addressing these issues requires legal reforms to ensure gender-neutral protections and a cultural shift to destigmatize mental health struggles among men. By fostering an environment where men feel supported in expressing vulnerability and seeking help, society can move towards genuine gender equality and improved mental well-being for all.


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