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Inspite of even Supreme Court of India termed the Misuse of 498A as like "Legal Terrorism" and DV act clamsy Drafted, still our LAW makers prefers to sleep and not taken any actions.
We wonder, in this country our Goverment wake up only when people Burn the buses, Bloock the roads or shut the offices? Today more than 6 duplications of LAW made to do the Legal Terrorism and treat the Indian husbands family as a Free ATM machine. Extrotion and blackmailling are wittness opnely in front of Police/Media/Judges, but all are just silent or prefers to keep blind eye. Stop this Legal Terrorism and fight for Justice will continue, in this country even a hard core Terrorist have thier own right to stay in their own home , but Indian Husbands thrown out from thier own home, more than 56000 husabnds are ending thier life every year as per Crime bure report and all those husbands killers wives are moving freely in this country , but our LAW makers say they are not Husbands killers, they are doing social service. Wake up the real human Soceity of India and stop such Legal Terrorism . Such Gender baised, loopsided law are not for the well fare of women, it is like to promote the Legal Terrorist activity and distrubution of AK47, without any lincence, to earn the easy money without any hard work by greedy people, otherwise how more than 1,20,000 women can be put behind the bar without any trial or investigations under 498A and other realted LAW, which even barbaric British Goverment also not done in their whole histroy. How our LAW makers calim that it is for Well fare of women? Does a Husabnds mother or sisters are not women? Does the pain of a mother or sisters is less when she loss her son or brother? - "Please remember, when you prefer to sleep inspite of wittness injustice with your Next door friends, rembember it is Your Turn to be the Next victim of Legal Terrorism."
NAGPUR: A day after henpecked husbands, under the aegis of the Nagpur chapter of Save Indian Family Foundation (SIFF), demonstrated at the Variety Square in Sitabuldi against the misuse of section 498A of the Indian Penal Code and the Domestic Violence Act (DVA) of 2006, a closer look at their situation in the city reveals a mixed state of affairs, and opinions that both laws are being used where they should not be.
Advocate P K Sathianathan , who has had to deal with a number of these cases, explains, "In many cases, we see petty domestic quarrels end up in police complaints simply because the wife herself feels insecure, and seeks solace in the police complaint."
In such cases, marriage counselling can easily be a way out. "However, under the present mindset of the society, the very concept of marriage counselling is not too welcome, although it can definitely reduce such cases," he adds.
"DVA is a double-edged sword. On one hand, it has reduced the time of trial and judgement from several years to less than three months. On the other hand, it is proving to be a formidable force to coerce the men into submission. Even an allegation that dowry is being demanded may be used as basic evidence to lodge a complaint," Sathianathan explains.
Arrests will take place if police think that the accused may influence the witnesses or tamper with evidence. However, there may be a way out. Sathianathan advises that men may take the recourse of section 438 of the Criminal Procedure Code (CrPC), anticipatory bail may be obtained in the name of those who may be arrested. Thus, as soon as an arrest is made, the person may be released , provided that there is an anticipatory bail in his or her name.
Vijay Khobragade, one of those who have suffered at the hands of their wives, has this to say: "The problem starts right at home, and snowballs into a massive thing as soon as a police complaint is made. Both the laws, that is, section 498A and the DVA, are skewed against men."
He adds, "There is a national commission for women, and soon, there is to be a similar organisation for children. It is high time that a national commission for men also come into existence. Better yet, let all three be amalgamated into a national commission for the family."
Meanwhile, Shankar Pande, marriage counsellor at the family court has a different view to offer. "Unfortunately , I see complaints being registered in those cases where they should not have been. Women register complaints under section 498A out of anger, emotional turmoil and the idea of revenge . And this closes all her doors back to the household of her husband."
The law is such that arrests take place more often than not, and one statistic often flaunted by the SIFF is that, of all the arrests under section 498A in the country between 2004 and 2007, more than one in five is a woman.
However, when it comes to arrests under all sections of the law, little more than one out of 20 people are women.
This is why, the general demand is that the section be made gender neutral, bailable and the offences under it non-cognisable . NAGPUR: Suresh Madhesia (name changed) is a very unhappy man. He has not seen his seven-and-half year old son for two years now, and has several cases pending against him. "My only fault is that I married someone who used the laws against me and made me suffer for no reason at all," he explains.
Suresh, a resident of Akola, was only one of the 150-odd members of the Save Indian Family Foundation (SIFF) who staged a protest at the Variety Square in the city on Sunday, demanding changes in the Domestic Violence Act of 2006 and section 498A of the Indian Penal Code.
"We want a national commission for men to be constituted. We also demand that a department for men's welfare be set up," Suresh adds. "After all, even animal husbandry has a department in the central as well as the state cabinets."
Narrating his tale, Suresh told of how, within days of his marriage, his wife insisted that they live away from his parents. "I was a businessman, and when I suffered a few losses, I turned to her for moral support. What I got instead was a police complaint against me, and she went away to stay with her parents in Bangalore," Suresh alleges.
"Today, she manages the time to file for maintenance and register sundry complaints against me, but somehow never gets around to respond to my request for interim custody, which would have at least allowed me to see my son," he says.
His is not an isolated case. Meet Gurmit and Kartik (both names changed). Kartik is a government servant, and has a five-year-old daughter who runs away at the mere sight of him.
"My wife and in-laws have turned her so much against me that she refuses to even meet me. People now sympathise with my wife because she is a woman, but what about my mother and sister, who had to spend time in police custody because of a complaint by her? Are they not women too? It is just an effect of too much television," he says.
"We will definitely support all efforts to protect women, but we are against any misuse of the laws that have been framed to protect them," says Gurmit, who used to work in the Middle East before coming back to India to get married in 2005.
"I used to think we would be happy. But my belief was shattered the day she lodged a complaint against me, charging that I had demanded dowry. All the people in our foundation have similar problems: their wives want them to stay away from their parents, and will stoop to any depths to achieve this," he says.
The foundation has already sent a number of memoranda to the President, the Prime Minister and the Union law minister, amongst others. "We will now play the waiting game, and see what the government can do for us," Suresh says.
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