Posts Tagged ‘rights’


Recently I came across this case happening in one of my extended circles. A married woman in late 20s alleged that her husband of 10 years is gay and filed for divorce in the court. She claimed that both her daughters (aged 6-yrs and 2-yrs) are conceived off another man because her own husband was incapable of forming a sexual relationship with her due to his sexual orientation.
What I found appalling was that she left both her daughters with the husband’s family and took off to her mother’s. She has now joined a college and is portraying herself as a single girl in order to get married to this other man of resourceful means.

I don’t know how the court has reacted to her allegations specially since if the daughters are not natural-born to her husband, why should he be entitled to their custody? His case is evidently stronger than his wife’s since she’s the one that cheated and left her kids with his family. But in his last conversation to a relative he told that the court seems inclined towards the wife and he may even have to pay compensation for the divorce along with getting custody of the children.

How fair is that to the man and his family is all I ask? Why does he have to pay for his wife’s self-confessed infidelity, insensitivity and ill-attachment to her own kids?

Another case that recently happened in one of my father’s friends’ family is that a newly wed asked for a hefty sum of money to be transferred to her mother’s account or else she’ll file a dowry case against the husband and his family.When the family  did not pay heed to her threats, she filed a case against the husband claiming he is impotent and has an extra-marital affair. The court ruled in her favor and she received a handsome alimony.

When I was a toddler, our neighbors’ son, a doctor got married to a woman who was under a false identity, filed a case of dowry demand  and domestic violence and put the whole family behind the bars in return for heavy compensation in cash. Her false identity was discovered when she was caught doing the same to another family and our neighbors were finally let out of jail a decade later. Justice may have been served late but the family is now living in slums, trying to make ends meet through daily wage jobs.

I am sure these are not the only cases you have heard about.

Women go to the police with a complaint (may be false), but the system provides to record that as a criminal complaint and that data adds in to the National Statistics of Crime Against Women. When male goes with a genuine complaint the police at max can record a Non Cognizable offence against the women. That will never reflect in the statistics. Then how will one guage crime against men? Every 100 Suicides in India have 63 Males and 37 Females. Every 100 male suicides have 45 married males, and every 100 women suicides have 25 married Women. Married women suicides have default arrests of the inlaws under presumed dowry death. Married men suicides entitle wife for a 50% share in property. — Jinesh Zaveri, an advocate on men’s rights in marriage laws.

The biggest threats to Indian men and Indian families is Article 498A of Indian Penal Code , Passed by Indian Parliament in 1983, which is a criminal law (not a civil law):

“Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is Cognizable, non-compoundable and non-bailable.”

498a can only be invoked by wife/daughter-in-law or her relative. Most cases where Sec 498A is invoked turn out to be false (as repeatedly accepted by High Courts and Supreme Court in India) as they are mere blackmail attempts by the wife (or her close relatives) when faced with a strained marriage. In most cases 498a complaint is followed by the demand of huge amount of money (extortion) to settle the case out of the court. This section is non-bailable(you have to appear in court and get bail from the judge), non-compoundable (complaint can’t be withdrawn) and cognizable (register and investigate the complaint, although in practice most of the time arrest happens before investigation). There have been countless instances where, without any investigation, the police has arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. In these cases unsuspecting family of husband has to go through a lot of mental torture and harassment by the corrupt Indian legal system. A typical case goes on for years (5-7 years is typical) and the conviction rate is about 2% only. Some accused parents, sisters and even husbands have committed suicide after time in jail. — 498a.org, a website to raise awareness on 498A of IPC and it’s increasing misuse by the Indian daughter-in-laws.

One of the most hazardous and disastrous social evils in society along with crime against women is misandry i.e. hatred towards men, and is visible in following forms:

  1.  Presence of anti-male gender biased laws in India.
  2.  Little awareness of men’s issues.
  3. Trivialization of men’s problems.
  4. Male disposability.
  5. Systematic gender-based discrimination against men across policies – either public or private.
  6. No special protection accorded to men from serious issues like incidences of terror from intimate partners, immediate family and extended family.
  7. Gender based discrimination against fathers.
  8. Gender based discrimination against boys in education schemes.
  9. Irrational distribution of responsibilities across the two genders.
  10. No allocation of budget by Government towards male friendly causes and objectives.

According to the National Crime Records Bureau (NCRB) as many as 61,453 married men ended their lives in 2010, compared to 31,754 women. The NCRB report in 2011 concluded that at least 16 people committed suicide every hour and the total figure was 1.35 lakh; Suicides due to divorce and “illegitimate pregnancy” saw a rise of 54% and 20% respectively in 2011. The report showed that 70% of victims were married. While social and economic causes led most men to commit suicide, emotional and personal causes mainly drove women to take the extreme step.

Taking into consideration shortfall in Indian Penal code of basic human right of men and protection, a new law named ‘Saving Men from Intimate Terror Act’ SMITA is on the anvil. This bill is supposed to be tabled in the Parliament this winter session and debate would be held in the Rajyasabha as given to understand from the Standing Committee of the Parliament. — Fight For Justice, a blog on protecting men’s right in India.

SMITA is a joint initiative by the Indian Social Awareness and Activism Forum (INSAAF) and Confidare Research, drafted to protect men and boys from domestic violence from their spouse, girlfriends and parents.

Various forms of abuse against men by the opposite sex have been classified by  them under:

  • Physical abuse
  • Emotional abuse
  • Verbal abuse
  • Legal abuse
  • Economic abuse
  • Sexual abuse

The draft bill was sent as a petition to the Rajya Sabha by the NGOs, following which an acknowledgement was sent to the petitioners, paving the way for a discussion on it in the Upper House.

If you are one of the victims of women-centric family laws in the country, you can seek support at NGOs such as Men’s Rights AssociationSave Indian Family Foundation/All India Men’s Welfare Association.
Every coin has two sides to it, without looking at the other, one should not form an opinion. Justice For Women was not a result of misandry but an attempt to protect, save, empower and fight for equality of our own kind.
The purpose of this post is to aware the readers of the threats of women-centric laws to the men in India and to show our support for SMITA. This is not to say that crime against women and inferior status of women in India is a myth.
Everyone deserves fair and just trial. Gender bias deepens division of society based on sex and I believe we would all agree this country needs to learn solidarity, unity and tolerance towards those different from ourselves.

Guest post by Neha on domestic violence, the law, its application and how to defend yourself if falsely accused.
DISCLAIMER: THIS POST SPEAKS ABOUT ONE OF THE MOST SENSITIVE TOPICS – DOMESTIC VIOLENCE. I INTEND TO COVER ALL THE IMPORTANT ASPECTS RELATED TO THIS TOPIC WHICH INCLUDE LEGAL ASPECTS, JUDICIAL ASPECTS, ADMINISTRATIVE ASPECTS AND FACTS. THE VIEWS POSTED HERE ARE PURELY MINE. I REQUEST YOU ALL NOT TO GENERALIZE THEM AND ACT PURELY BASED ON THEM.
Part – 1. The Law

So many bloggers on this blogosphere have written something related to women suffering from physical abuse by her husband, so many newspapers and news channels report various news about dowry death, or torturing a woman to an extent that she decides to end her life rather than living in such a terrible state. Such cases which catch the public eye through the medium of media are very few. The numbers in the limelight are not even 10% close to what is actually reaching the stage of a police complaint against the accuse (which is a husband always, that is what I have seen at least). Additionally, there are very few people (again, usually women) who actually file a complaint against the party who has been accused of physical abuse, mental torture and/or dowry demand. Most of them prefer to keep quiet about this due to various reasons like family and society pressure, no or minimum financial support, future of kid/s , inefficiency of legal system and so on and so forth.

My intention for writing this post is not to give anybody a negative picture of either the judicial system or the administrative system. I simply want to put forward the picture that I have seen so far in my practice. I have never been directly involved in these matters – in a lawyer’s term, we call it family court practice – but, I have referred to, studied and come across many such cases that fall within the purview of domestic violence.

Earlier, there was only one section – Section 498-A of Indian Penal Code (popularly known as IPC) which protected a woman who had become a victim of domestic violence by her husband or his relative/s. But in the year 2005, a new law – The Domestic Violence Act, 2005 was enacted that specified the smallest of detail that can cause torture and/or physical as well as mental harassment to a woman.

What does the Law say?

Our Judicial system considers the harassment of the women as a criminal offence. Section 498A of IPC says that: S/498-A – Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation-For the purpose of this section, “cruelty” means:

(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or

(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.

Definition of domestic violence.- For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it –

(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or

(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person. Explanation I.-For the purposes of this section,-

(i) “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;

(ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;

(iii) “verbal and emotional abuse” includes-

(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and

(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.

(iv) “economic abuse” includes-

(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;

(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and

(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.

Explanation: II.-For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence” under this section, the overall facts and circumstances of the case shall be taken into consideration.

******
Part 2. Applicability of the Law – The Process 

1. The procedure for filing the complaint against the accused is that the victim can go to the police station nearby and file the complaint.

2. This offense is a non-bailable offense. To get the bail, the accused has to be presented in the court in front of the judge.

3. This offense is a non-compoundable offense. That means the complaint once filed cannot be withdrawn by the complainant or her relatives.

4. It is a cognizable offense. That means the complaint has be registered and investigated before making any arrests.

******

The first part of this post spoke about the legal aspects of the Section 498 – A and Domestic Violence Act. My intentions for this post are not only to give information about how law works and protects you, but to give you a general guideline on how few precautionary measures can help you to protect your and your family’s interest when any kind of a case is filed.

Applicability of the Law – The Practice 

In case of complaint filed under Section 498-A and Domestic Violence Act, the usual practice that has been followed is:

1. Whether to lodge the complaint or not, it depends on which party is stronger – the accused or the complainant.

2. Even though it is a cognizable offense, in most of the cases the arrests are made immediately after the complaint is lodged. There is no investigation made before arresting the accused party/ies.

3. Stronger the lawyer, stronger the case. Here I am not talking about a knowledgeable lawyer, but i am talking about influential lawyer. It is easy to know the law. A fresh graduate fighting his/her first case can also help you out in these matters, but when there is a question of getting a bail at the earliest, or making sure that the case gets sorted out as a settlement between two parties, you need a good and influential lawyer. That time it does not matter whether you are right or wrong. All that matters is who is your lawyer.

*****

If you are falsely charged with a case on domestic violence, the points mentioned below are the measures you can take when framed or before being framed:

1. Enter into a Prenuptial Agreement (Prenup) before marriage. Prenup is a declaration saying that neither of the parties has demanded or given any dowry. The jewellery, articles, clothes, vehicles etc. all are given to the girl as a gift by her parents and/or relatives. (If any of you require a prenup copy, then please mention that as a separate comment along with your e-mail id. I will send it to you and not publish the comment containing your id.)

2. Get the prenup duly signed and executed by the parties. Further, two witnesses each party must sign the Prenup as well.

3. Make a list of the articles brought in by the girl at the time of the wedding. The girl has a de facto (actual) right on Stridhan. Stridhan means and includes property inherited by the woman from her family or husband’s family; property received by her under a compromise, adverse possession or in lieu of maintenance; property obtained in partition; and property bought using proceeds from stridhan. However, gifts to the husband by the woman or her relatives will not be part of her stridhan.

4. Evidence plays a very crucial role when a complaint is filed. It can convict the innocent and evict the guilty. Thus it is highly recommended to keep all the documents viz. Marriage certificate, bank statements, Prenup, the list of the gifts received at the time of the wedding, wedding pictures, bills etc. Safely, copy them all and get the marriage certificate notarized so that both the parties have the valid copy of the same.

5. When a woman is physically abused, she should go to the doctor immediately, get the treatment and certificate mentioning the specific reason for the injuries from him. Here, it is highly recommended to go to a government hospital for the treatment as the certificate issued by the government hospital has a stronger legal stand. This point can be raised by a man who has been framed wrongfully by a woman when the case comes in the court. It may or may not help, but can be useful.

6. When a physical or verbal abuse is happening, start screaming and alert your neighbours. This can help you to get witnesses when you do not have sufficient evidences to prove your point. Further, it may help to avoid the damage being done further.

7. The moment you get the idea that there may arise some problem regarding any general or a specific issue; consult a lawyer before hand rather than waiting for the problem to take over first. This will help you maintain peace of mind and nerve when in trouble.

8. If possible, install the recording, itemized bills and caller id facilities on your landlines and mobiles.

****


Guest post by Paloma Sharma:

Just when you’d face palmed your nose into oblivion, i.e., Voldemortland, that bunch of enlightened men and women (remember them?) are back with yet another ground breaking theory about rape that goes something like this:

I don’t feel any hesitation in saying that 90 per cent of the girls want to have sex intentionally but they don’t know that they would be gang raped further as they find some lusty and pervasive people in the way ahead.”  

– Dharambir Goyat

Right.

Somebody award this guy the Nobel Prize for Sensitivity.

What?

There is no Nobel for Sensitivity? Really? Hasn’t the fame of our legislators (inside and outside Parliament) reached international audiences? No? Well, now that Shri Dharambir Goyat has given us his Theory of Consensual Rape – yes, now even rape (definition: any act of sexual intercourse that is forced upon a person) is consensual – let us somehow forget that ever present white van us girls always have to look over our shoulders and watch out for – and find contentment in the fact that Mr. Goyat is not the only gem of a mind we have in this country.

The Bhoopinder Singh Hooda government of Haryana has produced another genius who (while not denying the Theory of Consensual Rape) has turned statistician and presented to us her thesis on Applied Conspiracy of Statistics (oh yeah, that’s a real branch of economics in Haryana.)

Who is this illustrious personality? Why, its none other than Haryana’s own Minister for Social Welfare, Education andWoman and Child Welfafe – drum roll, please – Geeta Bhukkal!

I believe that the way in which the statistics (on rapes) are being projected for Haryana, it is a conspiracy against the state. Such incidents (rapes) are taking place not only in Haryana but also in Uttar Pradesh, Madhya Pradesh and other states.

– Geeta Bhukkal

 

Yes. Rapes are a conspiracy against the Hooda government. No, I’m serious. Why else would they take place? Why!? Well, obviously because there are no other issues that the opposition can use against the Hooda government. What? DLF land deals? Are you kidding me? DLF plays golf with Haryana. Didn’t you know that? Eh? A skewed sex ratio? Puh-lease! This is how awesome Haryana’s sex ratio is:

See how many future leaders of Khaps Haryana is going to produce? Oh, so now Khaps are bad for wanting to “protect women” from rape by getting them married before 16 years of age? Meh. You people will never learn.

(Mumbles under breath) Guttersnipe…

 

For more posts by the author, kindly visit her blog, Going Bananas.



News doing the rounds today.
  1. EXCLUSIVE: Uterus removal scam unearthed in Bihar
  2. Bangalore: Father poisons 20 day-old baby to death
  3. Media houses paid money to incite rapes, suicides: Mamata Banerjee
  4. Widow paraded half-naked in Bihar by her sons, daughters-in-law

If there’s a news/issue/event we need to be aware of, kindly send us links on @JusticeForWomen or our Facebook group.