Niharika Shikder Bristy
Challenges of applicable legal provisons
Focusing on particulars gender: Laws such as the Prevention of Oppression Against
Women and ChildrenAct,2000,act primarily focuses on violence against women and children,
including domestic violence, dowry-related violence,and sexual offenses.However,it does not
extend its provisions to adult male victims, effectively excluding them from legal recourse
under this law and the Domestic Violence (Prevention and Protection) Act, 2010 are
addresses domestic violence but predominantly recognizes women and children as victims,
leaving men unprotected in cases where they face abuse from their spouses or family
members.This law primarily to protect women and children, excluding male victims entirely.
Social Stigima:In a patriarchal society like Bangladesh, men are often perceived as strong
and invulnerable. This societal expectation discourages male victims from reporting abuse,
fearing ridicule or disbelief. Even gender-neutral laws under the Penal Code (Sections
323,325) are rarely utilized by male victims due to societal norms that discourage men from
reporting abuse
Ambiguities in sexual abuse Laws: Section 9 of the Prevention of Oppression Against
Women and Children Act define rape exclusively in terms of female victims, leaving male
victims of sexual assault without recourse. Male victims of sexual violence are not
recognized under this law,this section only defines the victim as a woman.
Lack of specific macanism: The existing framework lacks a streamlined process for male
victims to report abuse, obtain protection orders, or access legal aid.
Lack Of awareness
Social Stereotypes and Cultural Norms:In a predominantly patriarchal society like
Bangladesh, cultural norms dictate that men are inherently strong, dominant, and resilient.
This perception creates a belief that men cannot be victims of violence, harassment, or abuse,
especially in domestic or sexual contexts.As a result:
Male victims fear being ridiculed or not taken seriously if they disclose their
experiences.
Reporting abuse is seen as a sign of weakness, which conflicts with societal
expectations of masculinity.
Families often pressure male victims to endure abuse silently rather than seek legal
help, as it may damage their perceived masculinity and family honor.
Limited Legal Awareness:Male victims are often unaware of the existing gender-neutral
provisions under laws like the Penal Code,1860 ( Sections 323 and 325 for physical
abuse).The following factors contribute to this lack of awareness:
Absence of Targeted Campaigns:There are no large-scale government or
nongovernmental awareness campaigns specifically addressing male victims.
Education Gaps:Legal literacy programs often focus on women's rights and fail to
highlight provisions that can be used by male victims.
Limited Media Representation: Media coverage tends to focus on women and children as
victims, further sidelining male victimhood. Male abuse stories are either ignored or
trivialized.
Police and Law Enforcement: Law enforcement officials often lack training or sensitivity to
handle cases involving male victims. Male complainants are sometimes mocked, discouraged
from filing cases, or asked to "tolerate" the abuse.
Judiciary: Judicial proceedings are heavily focused on cases involving female victims due to
the nature of existing laws.Male victims rarely see a path to justice, even under gender-
neutral provisions.
Healthcare Professionals: Medical professionals are not trained to identify or respond to
cases of abuse or violence against men, which limits support for male victims.
Misconceptions About Laws and Rights
Sexual Violence: Men are often unaware that certain provisions of the Penal Code (like
Section 377) can apply to them in cases of sexual abuse. However, societal stigma prevents
them from accessing these remedies.
Physical Assault: While Sections 323 and 325 of the Penal Code are gender-neutral, victims
often believe that such laws do not apply to men.
Md Sakib Hossain
Necessity of new Laws
In Bangladesh there are strict laws for the protection of women and children.The Penal Code
1860, Women and Children Repression Prevention Act 2000, Domestic Violence Act 2010,
and The Dowry Prohibition Act 1980 These act, have, no explicit provision for the
protection of men's rights..Therefore new laws should be enact or amend the existing laws
which is equally consider all the individuals.Given bellow point can be consider in the new
laws as:
a)Addressing Gender Equality : Section 9(rape) of the Prevention of Oppression Against
Women and Children Act and section (323,325,254,357) of the Penal Code should recognize
sexual violence against men.A new law could provide equal protection for male, female, and
third-gender, ensuring fairness.Man and women are treated equal before the law,no one can
get extra benefit of the law based on their gender,law should be equal for all.
c) To defend against False Accusations : To impose strict penalties for false claims would
safeguard the rights of innocent men.As there are some specific law for women where
women can easily misuse the law against the male.For example, Nari o Shishu Nirjaton
Ain,2000 specifically this act remains focused on women and children, leaving male victims
without adequate legal redress for that some women now use these laws againat men, though
these acts were enacted initially to support real victims.In existing laws..Male victims, many
of whom are physically, emotionally, and financially abused, are denied the same legal
safeguards as women and.Therefore a new legal framework to mandate the creation of new
law,amend existing law for male victims is needed.
Recommendations
Drafting Gender-Neutral Laws: Replace gender-specific language in existing laws with
inclusive terms.
Raising Awareness: Conduct campaigns to educate the public about male victimization and
encourage reporting.
Developing Support Structures: Establish counseling centers, legal aid programs, and safe
spaces for male victims.
Conducting Research: To Promote academic and policy based studies to understand the
scope and the scale of male victimization.
Reports of the journal says,
In an unscheduled session on 24 March 2015,an independent legislator,Haji
Mohammad Salim,tabled a motion for the promulgation of a law for protecting men
from the oppression of women.The proposal did not work.
A writ petition was also filed once for amendment of Section 375 of the Penal
Code,1860, substituting the word women with person,hence making the law gender-
neutral and extending its protection to male victims of sexual assault.
As NBC News reported, Johnny Depp and Amber Heard battled in court over an op-
ed Heard wrote for The Washington Post in 2018, in which she described surviving
domestic violence without mentioning Depp by name. Depp sued for $50 million in
damages. The jury unanimously found that Heard could not substantiate her
allegations against Depp and that she knew her claims of abuse were false when she
published her 2018 essay. The verdict of the case is a glaring example of the shifting
trends related to domestic discord.
Bangladesh should implement a comprehensive legal framework that specifically addresses
the unique needs of male victims of violence, abuse, and exploitation.It should enact gender-
neutral domestic violence legislation and expand the definition of sexual assault.The
expanding definition would ensure that all people, including men, are granted legal protection
against sexual violence.The government and non-government organizations should conduct
campaigns to spread awareness about violence against men. Also, they can research violence
against men and show it to public forums to make people understand the scenario of this
problem.
