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Vineeta Pandey Monday, August 06, 2007 09:18 IST
NEW DELHI: Barely a year after the Domestic Violence Act came into force, the Centre is on the backfoot. It has set up a panel to review the Act to prevent its misuse by disgruntled wives. The legislation was enacted in October 2006. Also under scrutiny are the Dowry Prohibition Act and the Sexual Harassment Bill. The measure comes after the Supreme Court recently pulled up the government for bringing in a “poorly drafted” Act. “The Act appears to be the result of clumsy drafting, but we have to give it an interpretation that does not lead to chaos,” the Supreme Court observed. Legal experts have expressed their apprehensions on the law, saying that its many loopholes could be used by women to settle scores with the husband and his family. In fact, the number of domestic violence cases filed in courts has gone up significantly since the law was enacted. “There is an urgent need to re-examine the law,” said criminal lawyer Ramesh Gupta. “Often, women exploit it to file complaints against their husbands and teach them a ‘lesson’,” he said. Accepting that the law’s imperfections could lead to wrongful use, the Ministry of Women and Child Development (WCD) has set up a panel to review the Act and identify the loopholes. The committee comprises lawyers Indira Jaisingh, Priya Hingorani and Manali Singhal Bhandare. Though the panel has no male lawyer, the ministry has sought suggestions from men’s organisations and individuals. The ministry has also set up another panel to give the oft-criticised Dowry Prohibition Act and the impending Sexual Harassment Bill a re-look. The Sexual Harassment Bill, due to be introduced in the monsoon session of Parliament, has been sent to a panel comprising lawyers Bhandare, Hingorani and Baba Kapoor. “Women need these laws, but there is a general feeling that these are being misused,” said Hingorani. The men’s organisations and NGOs fighting for the cause are demanding certain provisions in all matrimonial laws.
TO MINISTRY OF LAW & JUSTICE 4TH FLOOR, A WING, SHASTRI BHAVAN , NEW DELHI-110001 PHONE:23387557,23384777,23384617 FAX;011-23384241,011-23387259 Sub: Review the 498A and DV act to stop the Legal Terrorism in India. Crime is crime whether committed by a man or woman. Punishment should be irrespective of gender, religion or caste. Crime Bure data, 2005 All India: Did You Know? In the Year 2005, the Crime Against Men, More than Twenty-two Lacks sixty Four Thousands ( 92.88%) vs One Lack fifty-five thousands against women( 6.38%)?http://ncrb.nic.in/crime2005/cii-2005/Table%201.1.pdfComp. Sue Moto By Police(FIR Registered): 24,37,973/-Crime Against Women : 1,55,553/-Crime against Child : 17,975/-Crime against Men : 22 ,64 , 445/-In the Year 2005 the Crime Against Men, More than Twenty-two Lacks sixty Four Thousands vs One Lack fifty-five thousands against women? % Wise All India Crime Against Men, Woemn and Child as Under :Crime Against Women : 6.38%Crime Against Child : 0.73%Crime Against Men : 92.88%We wonder Whose life is in More Danger in India : Men or Women?To understand the reason one must Know: Women "Engineering viewpoint"Crime Bure data 2005 : Married Men Sucide : 52k vs Married Women Sucide 28K.Still there is no LAW to Protect Men why? Undersign is a Active member of Save Family Foundation (Regd) is a strong team of dedicated families comprising of some of them are victims of misuse of 498a, DV Act including NRIs, Senior Citizens, Mothers, Sisters, Brothers, Brother-in-law, Sister-in-law and even 3 years old children, who campaign and create awareness about gross injustice and abuse that happens in Indian Legal system and Committed to Fight against all other Gander Biased LAW, which encourage to promote a "Fatherless Society" by LAW Makers of India. We want a better Society for our Future Generation!Gender Biased LAW should immediately to be made crime based instead of any assumption that all women never lie and all the men born as Criminal. "MEN/WOMEN" word to be replaced by word "PERSON" and word wife/husband to be replaced with the word "SPOUSE" All laws should be based on the above principles. Women protection laws in general assume that all women (Wives) are truthful in reporting abuse, and that all accused men (Husbands) and their mother/sisters are aggressors by default. Due to such false assumptions, real victims, be it men or women; have not been able to get justice. On the other hand, such laws have become blackmailing tools in the hands of unscrupulous women (http://literaryindia.com/?news=584). Indian Penal Code (IPC) Section 498a and the Protection of Women Against Domestic Violence Act are two laws in India, which assumes that all the wives family born in Raja Harish Chandra Family( never lie) and all the Husbands family born in Criminal family. Such type of assumption, ensures the break up the family and today family life are going through a very stress full situation and the maximum suffers are the future child. Various study confirms the mental and social health of a father less child are worse at least by 10 times than a normal child who live under both father and mother.While these laws have not been effective in serving real victims of marital cruelty and domestic violence, they have penalized thousands of innocent Husbands and their families, they way earlier TADA/POTA Law misused. It has been established that between 98% of all cases filed under IPC Section 498a are only for extortion of money and getting faster Divorce. The Protection of Women Against Domestic Violence Act, which was passed in October 2006, is now following the same path. We welcome any law as long as it is gender neutral and does not assume that women are always victims and men are always the perpetrators of violence. I-VAWA, like other laws mentioned above, is not gender neutral. Hence we oppose such Act, which had only given us a “Father less Society” and increased Crime rate in the society.
· Marriage is a civil activity and any Dispute related to marriage relationship to be resolved in Civil law with a time frame. Criminal case is not a Joke or ordering Pizza. Criminal Case to be used in right frame of LAW to punish the real criminal and the basic foundation of LAW should be maintained, “ innocent until proven Guilty”. So, we propose to review the LAW 498A and DV act immediately to Stop this Legal Terrorism in India and save guard our Future Child’s life as under: - The word “relative “ to be removed immediately, as it is the responsibility of Husband/wife to ensure each others safety and peach full life for each other. If any spouse failed to safeguard others form any type of violence and harassment the Husband/wife to be punished.
- Domestic Violence, mental Cruelty, verbal abuse, economical abuse, cheating in relationship, etc, both a Husband and wife are equally capable and do the same, so the word Husband/wife to be replaced by the word “Spouse” and Men/women to be replaced by the word “ Person”(Like all other developed country). Whoever does the crime should be punished accordingly. Once you do the same, then the question of how to stop the misuse the same will arise and the Lawmaker and investing Agency will put their brain in that regards.
- No FIR or case to be registered without any “prima face documentary evidence” against accused.
- For registering any case, the investiging officer should be consider the evidence from both the side and then only decide the case to be registered or not. Strong action for making false allegation without any evidence.
- LAW should stop treating Husbands family as a “Free ATM machine”.
- “Equal Right to boy and girls to their parental property/assets or if any”, there should not be any discrimination. It had been observed, those girls family do not provide the equal right their girls in their own home, misuse the law to extrote the money and it is the LAW maker’s responsibility to punish them first , instead of putting all the burden to husbands family.
- Any marriage related dispute to be resolved with in 2 Years under Civil Law and if the same not resolved, the Divorce will be granted with the application of “ Joint Child Custody” and “division of assets/property, which had been earned jointly earned by the Spouse during their marriage time (which followed by all developed country)”. Hence, a wife who lives in a marriage life like 1 year or 2 years, as we witness a lot of cases a wife just married for months or days forget about years and demanding the full right which have a women live under marriage relationship more than 20 years. should get less money and a wife who lives in a marriage life for 20 years should get more money. In present LAW there is no specific guidelines for the same. It considers the 1-day marriage and 100 years marriage in a same platform. Is it Justified?
If we fail to change our LAW with immediate effect: - Crime against Women/child/men/elder people will increase.
- Huge father less Child’s Society we will be witness.
- No trust between Husband and wife in a family, it will become only a money transaction activity.
- More and more prostitution in our society.
- Killing the Institution of marriage.
The fast we do the same the fast to can provide a better society for our future child, so we argue immediately make the necessary changes in Civil LAW and strong implementation of the same and scrap the Criminal LAW related the marriage Dispute. Any terrorist activity can’t give the freedom, it only kills the innocent people the same is applicable for 498A and Domestic Violence act, this is not a LAW, it is a weapon to do the Legal Terrorism. With High regardsSwarup SarkarMail:
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Moderator of “Save Indian Family” Movement (www.saveindianfamily.org )Co-ordinator for “Save family Foundation”, Delhi (www.savefamily.org) Member of Youth for Equality Movement CC: A.Mr. D P Sharma,Member SecretaryLaw commission of India7th Floor , A- Wing , Sharti BhawanNew Delhi – 110 001Ph.No. 011-23383382 B. SecretaryGovernment of India Ministry of Women and Child DevelopmentShastri Bhavan “A” WingDr. Rajendra Prasad Road New Delhi-110001 Reference: - Save Indian Family Foundation(http://www.saveindianfamily.org/ )
- MyNation (http://www.mynation.net/ )
- Aasha Kiran (http://asha-kiran.org/ )
- Save Institute of Marriage (http://www.indiatalking.com/blog/swarup)
- Save Family Foundation (http://www.savefamily.org/ )
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