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Dowry / Domestic Violence - The Hidden Truth About it.
Domestic Violence act and Anti-Dowry law (498A) of India Are Anti-Social “Legal Terrorism” Domestic Violence act and Anti-Dowry law (498A) of India Are Anti-Social “Legal Terrorism” Domestic violence against women law - 2005 This Article attempts to explain the future disastrous results of badly formulated and gender biased law Domestic violence against women law - 2005 which grossly violates the liberty and dignity of an average man and his family members. Anyone who is educated and reads the guidelines of the law can see how vicious this law is and what its social implications will be. Feminist organizations have unequivocally and unanimously hailed the implementation of the Domestic Violence (DV) Act in India. They claim that this law will empower victims and protect them from abuse. Most people in their right state of mind would agree that domestic violence in a relationship is not acceptable. It is only fair that for their own mental and emotional health and for the well-being of the children, that the victims be protected from abusive partners. On the face of it, the law appears to be a blessing for people in abusive or violent relationships. However, a careful analysis reveals that, under the ploy of “women and children welfare”, this law is yet another misguided attempt to enact legislation to grant women legal supremacy over men and to create a society where men are deprived of their rights. There are three fundamental problems with this law – (a) It is overwhelmingly gender biased in favor of women, (b) the potential for misuse is astounding and (c) the definition of domestic violence is too expansive. The DV act singles out men as perpetrators of domestic violence and assumes that only women are victims. As per this law, only a woman can file a complaint against her male partner. A man, who is a victim of domestic violence, has no rights under this law. The fact is that it has been comprehensively proven in numerous studies that women are no less abusive as men in intimate relationships. Giving such sweeping legal powers to women while withholding protection to male victims is tantamount to systematic legal victimization of men. In the western world, the domestic violence laws are gender neutral and provide protection to the victims, both men and women. The fact that the Indian version explicitly prohibits any male victim to seek relief under this law defies all logic and is beyond comprehension.

The second significant flaw in this law is that it lends itself to such easy misuse that women will find it hard to resist the temptation to “teach a lesson” to their male relatives and will file frivolous and false cases. A similar trend is already being observed in the case of anti-dowry law (498a), which is being misused to such an extent that the Supreme Court has termed it “Legal Terrorism”. To illustrate how easy it is to misuse the DV law, consider the scenarios below. [She means wife/female live-in partner and he means husband/male live-in partner] (a) If she demands any amount of money from him, for any reason whatsoever, he   is legally bound to pay that amount in full, failing which he can be imprisoned. Under the pretext of preventing economic abuse of women, this law legalizes the extortion of money by women. Interestingly, if he asks for money from her, he can be jailed for that as well. Furthermore, he is responsible for paying the rent if the couple resides in a shared rented accommodation. (b) As per the law, she retains the right to the residence. This is a very convenient means of getting control of the house regardless of whether she has any legal right on the property. Moreover, if he is booked under DV, he is responsible for paying the rent as well, even though he may not be allowed to live in the house or he might even be in jail. (c) If she decides not to cook and wishes to eat out in a restaurant everyday, he cannot afford not to oblige, lest he invites the DV provision for “not providing food”, for which he could be jailed. (d) If she has an affair and he tries to prevent her from meeting her lover, he could be punished under the DV act, as he is preventing her from meeting someone. (e) He can be booked under the DV act if she feels that she has been insulted. Insult is a relative term, which is totally left to her discretion. Interestingly, if she insults and abuses him verbally or even physically, he does not have any legal recourse in this law These are just some of the ways in which women can exploit men in a legally permitted manner. The fact that the complaint by a woman will be treated, prima facie, as “true and genuine” opens up a whole new realm of possibilities where innocent men will be accused and implicated in false cases, just because they refuse to give in to her unreasonable demands.

Most people readily agree that the law will be misused. Their counter arguments generally are

(a) The number of misuses will be very low OR every law is misused – The objective of any law should be to punish the guilty and protect the innocent. The persecution of innocents cannot be justified in any circumstances. As is the case with 498a, this law will be heavily misused in urban India. (b) If she is happy, then why will she file a complaint – Ah ! So, the man exists at the mercy of the woman. If the wife wants to kick out old parents from home or wants to pursue an affair and should the man dare to object, she can get him incarcerated with alacrity. Any law that forcefully subjects a section of a society to conduct as per the pleasure of another section is deemed oppressive and should be vehemently opposed. (c) There are other provisions to deal with the misuse of this law – The fact is that there are other legal provisions to deal with domestic violence as well. If a strict law is made for a specific purpose, then the provisions for dealing with its misuse should be in the law itself. The third major flaw in this law is that it provides an all-encompassing definition of domestic violence and some terms (insults, name calling) are extremely subjective. The radical feminists claim that 70% of women in India face domestic violence which comes as no surprise as even an insult is considered domestic violence. Interestingly, they are mum on how many Indian men suffer domestic violence using the same criteria. This law strikes at the very foundation of marriage by promoting intolerance and litigation for petty domestic disputes. It is universally recognized that from time to time differences arise in a marriage and sometimes people, both men and women, behave in hurtful ways towards each other. Most people, though, are able to work them out and lead a more or less happy life with their loved one. However, this law makes it very easy to escalate the domestic problems in daily life to such a level that it eventually leads to a breakdown in marriage. Once a man has been accused of domestic violence for a something relatively minor (insult), while he might have been subjected to the same treatment from her, he will perpetually feel threatened by his partner and that is the beginning of the end. This law will lead to more divorces, broken homes and the children will pay the ultimate price by getting deprived of a pleasant childhood. There are degrees of domestic violence and not all conflicts in a relationship can be termed as domestic violence. This law trivializes the issue of domestic violence by including minor differences in its realm and by explicitly denying protection to half of the population.

The law in its current form is grossly inadequate to tackle the problem of domestic violence. It imposes a lot of responsibility on men, without giving them rights. On the other hand, it gives lots of rights to women without requiring them to be responsible. At the very minimum, it should be made gender neutral, offering protection to both men and women. Also, provisions for stringent punishments need to be incorporated into the law to prevent misuse. Moreover, the law needs to be made more practical by differentiating between various degrees of conflicts and by unambiguously defining what constitutes domestic violence. The fact is domestic violence is a serious problem and a neutral and unprejudiced law is needed to protect the genuine victims of domestic violence, irrespective of gender. The perpetrators of domestic violence need to be appropriately punished and dealt with. At the same time, protection cannot be withheld from real victims for any reason whatsoever, least of all their gender. One can be certain that there is something sinister about a law, when it intimidates and instills fear in innocent people. When a person who has not committed any crime, begins to fear punishment under the provisions of a law, it is not a law anymore – it is state sponsored terrorism. Reasons “Why IPC 498A is Anti-Social?”

1.   It is handled under the Criminal law for marriage related matters and not under Civil Laws. 2.   Non-bail able warrant does not require proof before arrest. No investigation necessary. This exposes the vulnerability of the accused taking away their basic human rights. 3.   Even those who were not part of the 'day-to-day' family life could be named and arrested on one complaint, which can also include pregnant women and children. 4.   Accused is presumed guilty until proven innocent. No where in the world it is so. 5.   Gifts are sometimes misunderstood as dowry. Who decides that the gift exchanged were 'gifts or dowry'? 6.   It is non-compoundable which means that the complaint can’t be taken back that hinders any scope of reconciliation between the couple. 7.   After a man is accused of 498A, he will not take his wife back later.

8.   Old parents who lived with dignity and respect have to live with the stigma of harassing their daughter-in-law for the rest of their lives. 9.   Groom’s relatives don’t find a suitable bride after they are accused under 498A. 10. Most of the cases are filed because the husband refuses to throw his parents out of the house at the wife’s demands. 11. Husband’s job is at risk when he is accused under 498A who could even be the only breadwinner of the family. 12. The health of the old parents dangerously deteriorates after they are arrested in a 498A case. 13. Some even commit suicide for not able to withstand the depression and frustration of been falsely accused. 14. Old parents after 498a case become very apprehensive and advice their son not to marry again. 15. The family ends up paying a very high price to settle the case, the money that was saved for the parent’s health. 16. Most often the lawyers tend to take the family for a ride to extract as much money as possible. 17. The possibility of a woman over-reacting on a trivial matter in the family is never considered as a reason of complaint. 18. A woman tries to get divorce proceedings faster by filing a 498a case even if no dowry was demanded. 19. The witnesses (neighbors) tend to support the woman for not getting into a police case. They even fear of been accused by the woman if they don’t support the woman. 20 .Some women marry an NRI and slap a 498A case only to extort large sum of money. 21. Even after knowing that the complaint can be false, police tend to

22. The case can easily linger in the court for years and only the groom’s Family has to pay the price. 23. 498A case can be filed even after the divorce, which only means that The accuser wants to demand money legally apart from maintenance. 24. There is no prohibition clause in the 498A law that would stop women to misuse it. 25. It is nearly impossible to file a case of defamation on the accuser because the police will not register the case and it would be hard to prove it. Note: The existence of dowry deaths in the rural areas is not the reason for lenient laws as understood by women organizations. The law is already unfair, biased and inapplicable. The true reason for dowry deaths in rural areas is poverty and under-developed civilization. Dowry deaths still flourishing in the rural areas and misuse of 498a law is flourishing in the urban areas. Unwillingness of the women’s organization to alter the law so that misuse of law can be stopped is evident. On the contrary, women organizations are planning to strengthen and increase the severity of the 498a law to curb dowry death, which is absolutely preposterous. One must not forget that the chunk of the GDP comes from the urban cities where these laws are prevalently misused. If the misuse of laws still continues then the social infrastructure will collapse which will have a direct unfavorable impact on the country’s economy. If the law can’t curb dowry deaths, can’t even stop misuse, then what is the use of such a law that causes millions of people to suffer? YOUR PERSONAL SAFETY IS OF PARAMOUNT IMPORTANCE ADDRESS:- SCF-2, TOP FLOOR, PHASE- XI, MOHALI, PUNJAB TELE/FAX. 01725053513, E Mail: mendnexus@gmail.com