Introduction
India has seen significant developments in promoting the rights of women and ensuring their representation through institutions like the National Commission for Women (NCW). Similarly, human rights concerns in general fall under the purview of the National Human Rights Commission (NHRC). However, despite growing debates about men’s issues and the challenges they face in law, there is no dedicated National Commission for Men in India. This article explores why that is the case, the roles of NCW and NHRC, the impact of this gap, and whether such a commission could be created in the future.
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Understanding the National Commission for Women (NCW)
History & Establishment
The NCW was established in 1992 under the National Commission for Women Act, 1990. Its purpose was to ensure that women in India had a dedicated body that could represent their issues, recommend policy changes, and work towards gender justice.
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Role & Powers of NCW
The NCW investigates complaints, provides legal assistance to women, recommends amendments in laws, and ensures women’s voices are heard at the national level. It has semi-judicial powers to call for information, summon individuals, and make recommendations to the government.
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Limitations of NCW
While the NCW has been instrumental in advancing women’s rights, it has also been criticized for being overburdened and for not addressing the misuse of laws where men may also be victims. This creates an imbalance in perception and representation.
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Understanding the National Human Rights Commission (NHRC)
History & Establishment
The NHRC was set up in 1993 under the Protection of Human Rights Act. It functions as India’s apex human rights body, safeguarding rights guaranteed under the Constitution and international treaties.
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Role & Powers of NHRC
NHRC has wide powers to investigate human rights violations, summon authorities, recommend relief, and intervene in legal proceedings. It serves all citizens, including men, women, children, and marginalized groups.
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How NHRC Addresses Men’s Issues
While NHRC is gender-neutral, it does not specifically focus on men’s issues. Cases of custodial deaths, workplace exploitation, and mental health are occasionally highlighted, but men’s issues are treated as part of broader human rights rather than a specialized concern.
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Why India Has No National Commission for Men
Legal & Constitutional Framework
The Indian Constitution allows the creation of commissions for specific groups. Women, Scheduled Castes, Scheduled Tribes, and minorities have dedicated commissions. Men, as a majority group, have not historically been seen as requiring institutional protection.
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Policy Decisions & Social Context
Government policy has historically emphasized women’s empowerment, given their documented social disadvantages. This has shaped institutional development. Men’s issues, though genuine, have not been considered pressing enough for a dedicated commission.
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Arguments For and Against a Men’s Commission
Arguments For: Men face false cases under laws like Section 498A IPC, dowry laws, and sexual harassment provisions. They also suffer mental health issues and lack institutional representation.
Arguments Against: Many argue that men, being socially dominant, do not require a special commission. Others fear it may dilute resources meant for women’s empowerment.
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Impact of Lack of Men’s Commission
False Cases & Legal Vulnerability
Men accused falsely under laws such as Section 498A IPC (dowry harassment) or Section 354 IPC (outraging modesty of a woman) often struggle without an institutional body to represent their grievances. Court cases like Sushil Kumar Sharma v. Union of India (2005) have acknowledged misuse of Section 498A.
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Mental Health & Social Stigma
Studies suggest men are less likely to seek help for mental health issues. False allegations can compound stress, leading to depression or, in tragic cases, suicide. A dedicated men’s commission could create awareness and support systems.
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Lack of Institutional Support Systems
Unlike women, men have no government helpline, crisis intervention cell, or commission. Most rely on NGOs or private networks, leaving a significant institutional gap.
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Global Comparisons: Do Other Countries Have Men’s Commissions?
Globally, few countries have commissions specifically for men. However, nations like Australia and the UK have Men’s Health Policies and targeted programs addressing male suicide, fatherhood rights, and domestic violence against men.
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Role of Men’s Rights NGOs & Civil Society
In India, NGOs such as Save Indian Family and other advocacy groups attempt to fill the gap. They provide legal helplines, counseling, and awareness campaigns. However, without state recognition, their impact remains limited.
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Judicial Perspective on Men’s Issues in India
Indian courts have occasionally recognized men’s concerns. For instance, in Rajesh Sharma v. State of U.P. (2017), the Supreme Court issued directions to curb misuse of Section 498A. While judiciary steps in, a dedicated commission could institutionalize such responses.
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The Way Forward: Can India Create a Men’s Commission?
Creating a National Commission for Men would require an Act of Parliament, much like the NCW Act. Policymakers would need to balance gender justice with equality. Pilot initiatives, such as state-level men’s cells, could pave the way.
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Conclusion
The absence of a Men’s Commission in India highlights the gaps in institutional representation of men’s rights. While NCW and NHRC play vital roles, neither directly addresses men’s unique challenges. The debate continues, and the future may hold space for a body dedicated to ensuring justice and support for men, alongside the empowerment of women.
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Suggested Internal Links
Authoritative Links:
National Human Rights Commission (NHRC)
National Commission for Women (NCW)
India Code – Official Repository of Indian Laws
Supreme Court of India
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