Privacy is a fundamental human right, enshrined in numerous international human rights instruments. It is central to the protection of human dignity and forms the basis of any democratic society. It also supports and reinforces other rights, such as freedom of expression, information and association.  Activities that restrict the right to privacy, such as surveillance and censorship, can only be justified when they are prescribed by law, necessary to achieve a legitimate aim, and proportionate to the aim pursued.

As innovations in information technology have enabled previously unimagined forms of collecting, storing and sharing personal data, the right to privacy has evolved to encapsulate State obligations related to the protection of personal data.  A number of international instruments enshrine data protection principles, and many domestic legislatures have incorporated such principles into national law.

Privacy also has implication for the freedom of opinion and expression. The Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression emphasises that the “right to privacy is often understood as an essential requirement for the realization of the right to freedom of expression. Undue interference with individual’s privacy can both directly and indirectly limit the free development and exchange of ideas.”

The Constitution of India does not specifically guarantee a right to privacy, however through various judgements over the years the Courts of the country have interpreted the other rights in the Constitution to be giving rise to a (limited) right to privacy – primarily through Article 21 – the right to life and liberty. In 2015, this interpretation was challenged and referred to a larger Bench of the Supreme Court (the highest Court in the country) in the writ petition Justice K.S Puttaswamy & Another vs. Union of India and Others, the case is currently pending in the Supreme Court.

The constitutional right to privacy in India is subject to a number of restrictions. These restrictions have been culled out through the interpretation of various provisions and judgements of the Supreme Court of India:

• The right to privacy can be restricted by procedure established by law which procedure would have to be just, fair and reasonable (Maneka Gandhi v. Union of India);

• Reasonable restrictions can be imposed on the right to privacy in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence; (Article 19(2) of the Constitution of India, 1950)

• The right to privacy can be restricted if there is an important countervailing interest which is superior (Gobind v. State of M.P.);

• The right to privacy can be restricted if there is a compelling state interest to be served (Gobind v. State of M.P.);

• The protection available under the right to privacy may not be available to a person who voluntarily thrusts her/himself into controversy (R. Rajagopal v. Union of India).

• Like most fundamental rights in the Indian Constitution, the right to privacy has been mostly interpreted as a vertical right applicable only against the State, as defined under Article 12 of the Constitution, and not against private citizens. (Zoroastrian Cooperative Housing Society v District Registrar)

The term “domestic violence” includes a broad range of violent acts committed by one member of a family or household against another. It often refers to the mistreatment of a child or spouse, and includes not only physical harm but also threats and verbal, psychological, and sexual abuse. The relationship of the abuser to the victim is the key distinction between other assault crimes and domestic violence. In India, domestic violence is always believed to be inflicted on women. However, during personal interactions with many males in society and in the organized setups such as industries and offices, it was observed that men also suffer from domestic violence. Due to stereotyped gender roles, it is hardly believed by society that a woman can inflict violence on men. Many courts also commented on false allegations of domestic violence by women. Men are still not ready to speak of this violence against them and they are ignorant about any legal help to avoid this.

Comparison of India and Other Countries

The prevalence of spouse/intimate partner violence (51.5%) in the latest Indian study² was found to be higher than data collected for domestic violence under partner abuse state of knowledge project (PASK) from the USA, Canada, and the UK (19.3%).

Domestic violence was recognized as a criminal offense in India in 1983. The offense is chargeable under section 498A of the Indian Penal Code.

Prevalence

Scarce research data on domestic violence against men are available in the scientific literature.

However, according to a recent study, 51.5% males experienced violence at the hands of their wives/intimate partner at least once in their lifetime and 10.5% in the last 12 months.

According to the National Family Health Survey, 2004, this violence is not always inflicted by the female partner/wife but many a time by a male relative of the wife attacks or threatens the man. When physical violence and threats against men by wife’s relatives are taken into account, an estimated 3 crore men are facing domestic violence in India.

In a study conducted by My Nation along with Save Family Foundation (Delhi) on domestic violence against men, between April 2005 and March 2006, 1,650 men were interviewed and their personal cases looked into. The study concluded that Indian women were the most abusive and dominating.

From all over India, 98% of the respondents had suffered domestic violence more than once in their lives. The study covered Indian husbands from various socioeconomic strata, but the bulk of the respondents, according to the researchers, came from the upper middle class and the middle class.

Nadda et al found much higher physical violence, 35% and 26.9%, respectively, against women this reflecting that Indian women are much less physically aggressive than Indian men. Gender symmetry does not exist in India for physical violence.

Types of Violence

Domestic violence has been recognized across the world as a form of violence that affects a person’s life in every way, physically, mentally, emotionally, and psychologically, and is a violation of basic human rights. In a recent study by Malik and Nadda, the most common spousal violence was found to be emotional followed by physical violence.

Physical Violence

This can include slapping; pushing; hitting by wife, her parents, or relatives; or throwing objects like utensils, cell phones, and crockery at the husband. In physical violence, slapping was identified as the most common form (98.3%)^,  and the least common was beaten by weapon (3.3%). Only in one-tenth of the cases, physical assaults were severe.²

Psychological Violence

In emotional violence, reported 85% abuse against the men was criticism, 29.7% were insulted in front of others, and 3.5% were threatened or hurt. It can also be in the form of mental abuse such as constant threats to the husband and his family under false allegations of dowry and domestic violence.

Types of Crime Committed Against Men in India

At home or at the workplace to avoid punishments or to get some rewards, men too can be involved in sexual activity by force. In many states of India, a young man with good qualifications and income is abducted and forced to marry without his consent. False rape and other charges such as molestation are also common. Since law and society always traditionally favor females as the weaker sex, many a time, false complaints of sexual abuse/rape are lodged against men. This is true regarding cases against men under 498A (domestic violence) and false dowry cases, and the same was expressed by various courts during their proceedings.

Effects of Domestic Violence Against Men

Any violence affects life physically, mentally, emotionally, and psychologically. It is also a violation of basic human rights. Unreported and unnoticed violence against men may lead to denial in accepting the family, divorce, depression, or suicide in extreme cases. It has been observed that suicides were more in married men as compared to separated/unmarried men. According to WHO (2002), women think more about committing suicide, whereas men die by suicide more frequently. This is also known as a gender paradox in society.

According to WHO, exposure to violence can increase the risk of smoking, alcoholism, and drug abuse; mental illness and suicidality; chronic diseases such as heart disease, diabetes, and cancer; infectious diseases such as HIV, and social problems such as crime and further violence.

Legal Issues

Despite the data available, suggesting violence against men, no law to protect men is yet to be formed by the legislature. All laws for controlling domestic violence consider women as victims. Antidowry laws Dowry Prohibition Act, 1961, and later Section 498A passed by the Supreme Court of India already show the concern and asked to stop the “Legal Terrorism” in the form of misuse of 498A and the necessary changes to be made by the Parliamen

Need for Gender Neutral Laws

In cases where men are falsely accused of violence or dowry, a law which can address these false allegations is the need of the hour. Human rights and gender equality should include both men and women. Domestic violence should be considered as spousal violence and must not be differentiated due to gender.

Domestic violence act in India is for women only. Studies show that men are also the victims of violence at the hand of women. Hence, necessary amendments addressing violence against men are suggested.

Meaning of the term ‘Power Of Attorney’

‘Power Of Attorney’ is an authority given by an instrument by one person, called as the donor or principal, authorising another person, called donee or agent to act on his behalf. There may be possibility of giving ‘Power Of Attorney’ by two or more persons jointly to one or more persons. Here a legal authority is given by the principal to the agent which may be broad or limited and an agent can take all necessary decisions i.e. financial, property related matters and all other matters where principal cannot be present to sign or in the case of principal’s illness and disability. A paper signed by principal giving powers to an agent is sometimes itself called a power of attorney. A paper giving a power of attorney should be clear and understandable.

 Importance of Power of Attorney

A power of attorney document is an extremely important part of estate planning yet one of the most misunderstood. It is often convenient or even necessary to have someone else act for you as there is advancement in the business and commerce transactions. As many people confuse the power of attorney (POA) with a will (Probate), but these documents are two very different things and have two very different functions. A will comes into effect on the day person die. A POA applies during a person’s lifetime and ceases to apply when he dies. So you actually need both a POA and a will as they complement, and do not overlap, each other. To add a twist to the subject, there are two types of POA: one for property and one for personal care. These two types are completely separate. They deal with different areas of your life and both are required for effective estate planning.

Classification of Attorney

 The Power of Attorney can be classified into two categories which includes:

 General Power of Attorney: A general power of attorney is one by which an instrument is executed by the principal authorising the agent to do certain acts in general on his behalf. The word ‘General’ here means that the power must be general regarding the subject matter and not general with regard to powers in respect of a subject matter. If the subject matter is not general but restricted to something either specific or specifically mentioned by the principal while drafting an instrument then it will not constitute a general power of attorney. It is otherwise called as limited power of attorney.

 Special Power of Attorney: A special power of attorney is one by which a person is appointed by the principal to do some specified act or acts. In this type of power of attorney, an agent conferred with a power to do specific act in a single or specified transactions in the name of the principal.

 Durable Power of Attorney: A Power of Attorney which specifically says otherwise, agent’s power ends if principal become mentally incapacitated. However, a power of attorney may say that it is to remain in effect in the event of future incapacity of the principal. A power of attorney that says this is called a durable power of attorney.

To ascertain whether power of attorney is of general or special in nature, the subject matter in respect of which power is conferred Is to be seen accurately. The power of attorney is the unilateral document wherein donor or the principal gives authoritative power to the agent by signing the document and the agent’s sign is not always required.

 Persons Competent To Execute

A power of attorney can be executed by any person who is competent to enter into a contract. However, the married women can execute powers of attorney even if they are minors. A company while executing power of attorney must make conformity with the ‘Articles of Association’ and its common seal. A person must be competent to give power to the appointed person so that it will not affect the legality of the instrument/deed of power of attorney.

Authentication of power of Attorney

As per Indian law, a power of attorney is a legal document that has to be properly framed, using the right legal terminology and setting out the objectives and responsibilities that you wish to authorise the appointee to carry out on your behalf. If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney. You will need to show your ID to the notary advocate before he/she is able to certify and issue the document. It must be executed and authenticated by the registrar or sub-registrar of assurances as per the ‘Registration Act, 1908’.

Presumption About Power of Attorney

 A power of attorney is legal written document which has more legal value and the authenticated attorney will be presumed by the court as legal document under ‘Indian Evidence Act, 1872’. According to the Section: 85 of ‘Indian Evidence Act, 1872’, which provides that the court shall presume that every document purporting to be a power of attorney, and has to be clearly authenticate and executed before the notary or magistrate. If there is any issue arises concerning to the genuineness of the attorney then proof of its execution can be called for the verification.