Andha Kanoon in Democratic and Free Country

The new domestic violence act 2005 is a loosely drafted biased law which will hit enormously each and every one in India and will create unrest in every household. It has lot of loopholes which will be misused to extort money and property from families.

Tuesday, November 14, 2006

Weapon of Mass Destruction: Indian New Law of Domestic Violence Act 2005

The new law of Protection for Women Against Domestic Violence Act 2005, is a wrongly drafted law as it has many loopholes to be misused against others that could prove as a anti-man, anti-social and anti-nation.

Marriage is that moment of change in the lives of not only husband and wife but also in the lives of parents. As there are stringent laws made in favor of women, which are normally misused against those husbands and their parents who don’t agree to their wives' demands.

The whole family of a husband can be jailed just on basis of simple complaint of a wife, which could be false or fabricated, like for the dowry harassment or mental torture. Thousands of such cases are there in India, and increasing very rapidly every day due to false cases filed by unscrupulous wives to blackmail their husbands and their relatives for property, money, jewelry and other articles.

Once a man becomes a husband in India, he turns into a dormant violent man as per the laws and is a suspected criminal. There are overtly biased and stringent laws to dictate the dos and don’ts to a husband, but unfortunately, there is nothing in the hands of the husband to safeguard himself against his wife's nefarious intentions. It seems that the possibility of the husband being harassed by the wife has been is deliberately ignored by the lawmakers. Why are all the laws coined against the husbands only?
In a country like India, where the institution of marriage is considered sacred and survives on mutual understanding and respect, the Domestic Violence Act is uncalled for. So to preserve our culture, please punish the makers of this law.
The domestic violence law is actually a Taliban law, the only difference is that the Taliban regime used it against their women, and here, it will be misused to pester men. It is a loosely drafted law, which would work as an AK47 in the hands of unscrupulous women.
May be there are ulterior motives behind introducing this prejudiced law. The people behind this should be held responsible for disintegrating the Indian society and for spreading and supporting gender based hatred and laws. They shall be tried in the courts and punished duly for justice and sensibility to prevail in our society.
Laws like 498A are actually intended to protect the suppressed women. But on the contrary, these are being misused by them to blackmail the husband and his family and hence demand large amount of money, property, jewellery and other articles. Domestic Violence Act will also act as a legal tool in the hands of modern educated wives to get their unjustified demands fulfilled by way of threatening.
As India is termed to be one of world's most corrupt country the biased laws like sec. 498A and Domestic Violence Act are bound to be heavily misused by educated women with support of their parents and whole nexus against innocent families and husbands. These laws have been more abused than used and thus have lost faith among the legal community and the public.
The men and women who support such laws are mostly unaware of their misuse against the family ethos and peace, when they support the spirit of such laws that aims to give relief to a justified victim. The most of women organizations, NGOs, police and lawyers are always hesitant to openly talk about misuse of laws as it supports their livelihood in one form or the other. Police and lawyers get a hefty amount of money from wives as their share of commission out of alimony given by their husbands and Women Organizations and NGOs survive on Millions of Rupees of funds provided by government and international agencies for the agenda of dowry harassment and women development and care.
The problem of domestic violence against women is more in rural and economically backward community than in urban homes. It is very unlikely that an educated husband from an urban family comes home drunken and beats his wife daily or harasses her to demand dowry and money. Rather such complaints are falsely fabricated by cruel wives with the support of their parents and relatives who bribe and influence the officials. Unfortunately, the wives are the recipients of sympathy of the masses in the name of dowry harassment victim.
The statistics of past 5 years show that how the law of 498A was increasingly used in cities like Delhi and Hyderabad and how it was barely used in remote and rural places as most of such cases were filed by educated and well aware women just to blackmail their husbands.
The wife is assumed by law as a victim in almost every household situation, but there is nothing to stop or undermine a torture to a husband by his wife in India. I am against the common perception that domestic violence is mostly done by men towards women. Isn’t the vice versa possible?
Above all, I strongly feel that marital discord is a personal matter and cannot be solved in the courts. The biased Domestic Violence Act is a threat to the Indian culture, which should not have been implemented without the provisions of counterchecks. As the NCW and Dept. for Women and Child have admitted misuse of 498A, they should have made the new law quite balanced to take care of its misuse. The counterchecks could have been such as the existence of a law for redressing husband's abuse and to report law misuse to the government, NCW and Women and Child department for further action against the scrupulous women.
We must demand from the government for establishment of a Special Cell for Reporting the Misuse of Law against Husband and Family, which will function in sync with NCW, Women and Child department and Ministry of Home Affairs. It will not only help in taking strong action against the people who misuse laws but will also help in making balanced laws for saving the families in reality.


A proper redressal should be made available for reporting law misuse by way of online form (on NCW or MHA website) and by establishment of helplines for husbands.
Those who are advocating for implementation of new law for the women's protection, they should also be made accountable of any of its pitfalls. Until such framework is available, a stay should be issued for stopping the implementation of the new law.

Read the Special Report on Indian Marriage Problems and Issues at blog: http://reportmaritalproblems.blogspot.com and visit sites: www.498a.org, www.pariwariksuraksha.org , www.mynation.net

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