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TITLE OF THE ESSAY:- Do We Need Gender Biased Laws- Domestic Violence Act
BRIEF SYNOPSIS:-
There has been a great debate and conflicts as to the equality of the men and women
before the laws and equal justice to be rendered to both of these. The term “domestic
violence” was for the first time appreciated with a great spirit in this struggle for the
enforcement of the rights of women and protection of the same from the incidents of
domestic violence.1 The regard to the equal status and freedom of opportunity were
some of the notable points over which the Rajya Sabha of India had started promptly
answering the reasons for the misdemeanors done by the husbands to their wives.
Emancipation of leading activists, NGOs and Feminists has resulted the enactment of
this legislation. Whatsoever required; observing the protection of the women with the
tools of the legislation, was done by the government.2 Experiencing the lessons from
the flawless fatality of Sec.498-A of the Indian Penal Code, the misuse of the laws
and the loss to the innocents were the main concerns of the law commission and the
parliament this time.3 These laws tend to pose the question before the government and
the constitutional protectors that whether men are not entitled for the equal protection
1
In 1999, the Lawyers Collective came out with its draft law on domestic violence after nation-wide consultations
with many women's groups. Drafted in accordance with the UN Framework for Model Legislation on Domestic
Violence, this bill had the broad support of the women's movement to its major provisions. After much pressure
from women's groups, the Government of India introduced a Bill on domestic violence in the Lok Sabha, titled
'The Protection From Domestic Violence Bill 2001'.
2
Implementation was pending as detailed consultations were required with the State and other agencies for
framing the rules. The Ministry has simultaneously issued another notification laying down the rules framed for
the implementation of the Act. These rules may be called "The Protection of Women from Domestic Violence
Rules, 2005". These rules provide for, among other things, appointment of protection officers, service providers
and counselors. Action can be taken in the event of the respondent breaching the protection order passed by the
Magistrate in favour of the aggrieved woman, which is also provided in these rules
3
Judge J.D.Kapoor (Delhi High Court) urged the review while rejecting a plea by a woman petitioner, Savitri
Devi, seeking the arrest of her brothers in-law and sister in-law for allegedly harassing her by demanding more
dowries. Kapoor said in his order passed: “I feel constrained to comment upon the misuse of the provisions (of
law) to such an extent that it is hitting at the foundation of marriage itself and has proved to be not so good for the
health of the society at large”. The judge observed: “There is a growing tendency to come out with inflated and
exaggerated allegations, roping in each and every relation of the husband. If one of them happens to be of higher
status or of vulnerable standing, he or she becomes an easy prey for better bargaining and blackmailing.
Manupatra Legal Essay Competition, 2009
of the laws as against women in matters of cruelty under Sec. 13(1) (i) (a) of the Act.
The issue of gender inequality in some legislation like the Domestic Violence Act,
2005 has been the important point to focus upon. The fact that the legislation has been
implemented for the protection of women from the domestic violence stands in the
ambit of examination. If we lay emphasis upon the fact that domestic violence Act
has limited application being feministic, we drive the conclusion that domestic
violence may happen with anyone including the men as well. By contrast, the Indian
Domestic Violence Act specifically and clearly exculpates women from being
etc. of the accused man being prosecuted as abettors etc., and also specifically
provides that the prescribed reliefs, such as maintenance, restraining orders, can be
obtained ONLY by a woman and NEVER against a woman!.4 Domestic violence may
happen to men and children as well, but who is there for their rescue? For the sake of
the legislation, the term domestic means inside a family or between a relationship but
in noway has connoted the same to imply only for the women. Domestic covers men,
children, relatives and friends and many more as well. The verity that the only
beneficiaries of the Act are the women is substantiation of the statement that the
legislation is anti-men.5 Men and women should not be discriminated or this is not a
reasonable classification in so far as the fact that both are prone to domestic violence
4
http://mynation.net/study-report-dvact.htm
5
Who are the primary beneficiaries of this Act? Women and children. Section 2(a) of the Act will help any
woman who is or has been in a domestic relationship with the 'respondent' in the case. It empowers women to file
a case against a person with whom she is having a 'domestic relationship' in a 'shared household', and who has
subjected her to 'domestic violence'. Children are also covered the act; they too can file a case against a parent or
parents who are tormenting or torturing them, physically, mentally, or economically. Any person can file a
complaint on behalf of a child. (http://www.rediff.com/news/2006/nov/01spec.htm).
Manupatra Legal Essay Competition, 2009
has been accepted.6 It has been accepted and well admired even by the Hon. Supreme
Court of India that the legislation has been cynically ignorant of the first principle of
human rights, dignity, law and justice.7 It could be said that the struggle for the rights
of the women is greatly disturbing the decorum maintained by Part III of the
constitution. Another thing to be taken into consideration is the misuse of the special
legislation. It has been used as a tool by the women for harassment and blackmailing
of men. This fact is substantiated by the reality that most of the men prove their
innocence in such cases even before trial. If this is not probably the misuse, then what
it really is?8 If we go with this interpretation, the struggle becomes more and more
psychological rather than constitutional or legal. The man if subject to cruelty by his
wife hesitates to speak off because of his reputation and several other these annexed
thereto. The special legislation that has been enforced for the protection of the women
is now indicted for several serious consequences leading to family disturbances and
7
The Protection of Women from Domestic Violence Act (DV Law), which evens the Hon’ble Supreme Court of
India, has termed as clumsily drafted, has several provisions that are wrong and goes against the common sense
and tramples the fundamental rights, such as equal protection under the law and the right to own property. This is
to bring to your notice these wrongs and request a review for changes, or scraping of this Law to help the society.
Under section 17 of the DV Law, women can seek entry into any house, she ever lived in the past 10 years,
whether she has any claim or right to it or not. (http://savefamily.org/index.php?Itemid=63&option=com_content)
8
Still in this special LAW more than 92.3% People proved their innocence, where as in normal IPC the
convection is more than such LAW, then why need this special LAW? The Answer : To do the Legal Terrorism
and earn the money from Husband's Family as a whole sale free license and openly Blackmail and do the extortion
of money by Wives family in front of Police/Court/Media and the same is not to be termed as crime.
(http://savefamily.org/index.php?Itemid=71&option=com_content)
9
According to Pandurang Katti, one of the 12 SIFF founders and a senior software professional, men face a host
of issues due to lack of protection from the law. "The current Domestic Violence Act suffers from gender bias as it
is only made for protection of women," he said. Uma Challa, director of the US-based Protect Indian Family
Foundation which has opened a branch in Hyderabad, said: "Women call me up just to ask if they can use the Act
Manupatra Legal Essay Competition, 2009
can state with confirmation that the legislation stands biased without any meaningful
legislation but the same should uphold the rights of the men as well. The terms like
cruelty, torture, abuse are included in the Sec. 498-A10 of the Indian Penal Code and
enforcement and the administration of the same should be ensured rather than
diminishing value in this context in so far as the protection is accorded only to the
woman irrespective of the fact that violence exists in a relationship and not
necessarily only with a woman. The more favored connotations of the legislation
makes it gender biased in the sense that the biasness is now coloring into the spirits of
exploitation of the men on the contrary. It is thus submitted in the context thus
emancipated that the legislation has clumsily upheld the rights of the women without
taking into consideration the further and future consequences likely to happen with
the innocent men. On the other hand, the legislation creates undue burden over the
judiciary of the nation saved to the context that the court is now busy in determining
to bring around their husbands or to separate them from their parents. They do not understand the seriousness of
the law. This is predominantly an urban phenomenon," she said. "We have websites and helplines that reach out to
only internet-savvy people. But we want to create awareness among those who do not have access to the net," she
added. (http://www.dnaindia.com/india/report_harassed-husbands-now-take-to-the-streets_1146460)
10
498A. Husband or relative of husband of a woman subjecting her to cruelty. 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.] (http://www.vakilno1.com/bareacts/IndianPenalCode/S498A.htm )
11
India is a country that has adopted the inquisitorial system of justice dispensation whose primary
objective is to impart justice and not to waste time in exploring the legitimacy of the statements made
by the woman. Thus, the legislation creates undue influence upon the courts as most of the time gets
exhausted in determining the legitimacy of the allegations.
Manupatra Legal Essay Competition, 2009
There is a fact to be substantiated with the conversation that the constitution is the
supreme law of the land and the varsity of the same is to be maintained. In
furtherance of the fact, interpretation of some of the features of Part III; particularly
Art.14 and Art.15 is to be duly appreciated and rewarded. The illustrations as to the
nature and extent of the proclamations that could be made under Artr.14 seem to be
by the leading feministic activists and other NGOs have been circumscribed within
the purview of the term “equality before the laws” and which enshrines the reason as
to why the legislation appears biased. It could be clarified here that the right to
equality under Art.14 of the constitution earmarks another provision which entertains
“equal protection of the laws”. The current issue; on the other hand, could be
for succeeding in its struggle for the claim of equality for the women and thus
clarifying the meaning of “equality before laws” under Art.14 but the same
by the legislation, of the phrase “equal protection of the laws” even after being a
part of the Right to Equality”. The conclusion is thus brought out that the
legislation has been drafted in an anti-men approach and is clearly biased. There is no
evidence that the scope of the Act extends for the protection of men from cruelty
being done by the women. It shows that the meaning of domestic violence has been
delimited by the legislature and is narrowed to women solely. The benefit is thus only
to the woman and children but there is no one for the rescue of men.12 It depicts that
12
An aggrieved person as defined by the Act is a woman who is, or has been in a domestic relationship
with the respondent. While the Act does define a child as any person below the age of eighteen years,
the definition of domestic violence itself refers at all stages only to an aggrieved person and not to a
child; the only relevant place in which a child is mentioned is S.18(c),
Manupatra Legal Essay Competition, 2009
the legislation contravenes Art.14 which commands for equal protection of the laws
to be done among the citizens. As far as this argument is ascertained, the fascinating
feature of the legislation is this that in the whole of the Act, everything has been
mentioned in a negative way. It pops out the question that whether negative language
is to be interpreted in a negative way? The conclusion that the Act is not negative but
is discriminatory holds the weight here. A legislation; which under the umbrella of
protection of women from domestic violence, provides the woman a naked tool to be
used for exploitation, harassment and extortion of money from the man, contravenes
the spirit of the constitution (social order) and is also substantially affecting the health
of the society at large and thus should be ceased to operate rather than disinfect the
social peace of the families. Another thing which has been brought into the
per the connotations; all forms of discrimination, on the basis of the criterion
provided for in the constitution has been discouraged. The nature of the Domestic
and thus happens to be biased as to the upholding the rights of the men have been
of sex, religion, place of birth etc. has been prohibited in all the forms whatsoever
they may be. On a conclusive reading of Art.21 of the constitution, the right to life
extends to right to life with dignity and should be interpreted in accordance that
contravention of the basic tenets of the constitution and the fundamentals have been
found to be vitiated by the laws in general. It imposes the question that whether the
detention of the rights of the husband in this discourse stands justified as far as
possible. It is then entertained in the defense of the discrimination that Art.15 even
Manupatra Legal Essay Competition, 2009
though prohibits discrimination on the basis of sex1314, the constitution entrusts the
power upon the state to make special laws in respect of women and children. The
definition as has been provided under the Act of domestic violence nowhere has
specifically mentioned that the phrases used therein extend to women only and the
presumed that the man may be wrong or violent but in ordinary prudence, the woman
is not so considered at all! This causes a severe violation of the fundamentals of the
human rights.15 In light of the arguments advanced above, it could be abruptly said
that the Act has been engaged in misdemeanors and is unreasonably trickling the
issues in point. The analysis and case study reveals that the courts have accepted that
the provisions of the Act have been clumsily drafted and are violative of the
Following is the elucidation of some points that are to be highlighted in respect of the
demography of the domestic Violence Act in India: - The Domestic Violence Act,
2005 giving protection to women from domestic violence is a step in right direction.
13
The terms "sex" and "gender" are often used interchangeably in everyday life, but in sociological literature they
are frequently differentiated. The term "sex" is applied to differences between men and women that are based on
female or male attributes. The term "gender" is applied to the cultural aspects of male and female roles. In other
words, the behaviour, personality and other social attributes that are expected of males and females become the
basis of masculine and feminine roles. Sexuality and the different capacities of men and women in the reproductive
process are particularly likely to be thought of as giving "natural" reasons for gender divisions in society.(
http://www.ebc-
india.com/practicallawyer/index.php?option=com_content&task=view&id=947&Itemid=99999999)
14
Vishaka v. State of Rajasthan7 In this judgment the Court has traced the provisions in the Constitution which
prohibited discrimination on the ground of sex, as also the provisions dealing with the requirement to give effect to
international treaties. The Court makes a special reference to CEDAW in paragraph 13 of the judgment by quoting
the general recommendations of CEDAW in respect of sexual harassment, some of which are very relevant in the
context of the article
15
In Kesavananda Bharati v. State of Kerala Chief Justice Sikri observed: "148-49. I may here mention that
2
while our fundamental rights and directive principles were being fashioned and approved of by the Constituent
Assembly, on 10-12-1948, the General Assembly of the United Nations adopted a Universal Declaration of Human
Rights. The Declaration may not be a legally binding instrument but it shows how India understood the nature of
human rights."
Manupatra Legal Essay Competition, 2009
By including the unmarried sisters, mothers, widows, etc. in the list of women facing
domestic violence the Act has ensured full proof protection to the harassed women.
But the main problem has always been the reticence of women not voicing their
protests and complaining and not the law. The mindset of the women has to change.
While the intention of the Domestic Violence Act is laudable, the Act itself is
draconian and very harsh on men. Following are some of the dangerous flaws in the
said Act. Section 32(2) says that “upon the sole testimony of the aggrieved person,
the court may conclude that an offence under sub-section (1) of Section 31 has been
committed by the accused.” By treating the victim’s testimony as gospel truth without
any need for corroboration it has virtually empowered all women to punish men at
their will. This is very dangerous for innocent men. As it is the rape, adultery and
dowry laws are already skewed in favour of women. And now this Act would leave
the men with absolutely no remedy against the erring women who would lodge false
complaint. All she has to do is to go to the court/police, register the case and the
husband will be right behind bars in a jiffy. Chapter IV Section 17 makes the “right of
residence” a powerful tool in the women’s hands whether or not she has any title in
the household. By including the divorced wives, former girlfriends and live-in
partners in the list of women facing domestic violence this Act has enough leeway for
women to misuse the law. Why should a divorced wife who has legally separated in
the court of law and who has also received proper alimony, should have any right in
the husband’s household? This is an open invitation for conniving women to harass
innocent men. And why should live-in partners and girlfriends be included in the list
since these are not legally recognized relationships in India. Now, any woman will get
into a relationship with men and demand their right in the household? Also, an
adulterous woman can abuse her husband or in-laws and threaten them of false
Manupatra Legal Essay Competition, 2009
domestic violence but she cannot be thrown out of the house as per the Act. She could
even bring her paramour/lover to the house and the husband or in-laws can’t do a
thing about it. Chapter II Section 3 of the Domestic Violence Act defines domestic
While physical and economical abuse can be proved it is almost impossible to prove
verbal and emotional abuse, which could result in women registering false cases as
they won’t have to prove anything (they don’t have to prove anything anyway). And
why not add spiritual abuse, philosophical abuse, educational abuse, etc. under
domestic violence? Section 18 allows the Magistrate to protect the women from acts
of violence or even “acts that are likely to take place” in the future and can prohibit
the respondent from dispossessing the aggrieved person or in any other manner
disturbing her possessions, entering the aggrieved person’s place of work or any other
place that the abused women frequents…. This means that the husband and his family
(parents, sisters, etc.) must leave their own house as the Act does not allow them to
come to a place where the aggrieved women stays or frequents. But she gets to stay in
their house (and may be with her lover). Wow! Moreover, how can the future
(imaginary?) acts of violence (acts that are likely to place) can be considered for
III Section 4 of the Act says that the information regarding an act or acts of domestic
violence does not necessarily have to be lodged by the aggrieved party but by “any
person who has reason to believe that” such an act has been or is being committed.
Which means that neighbours should take initiative on behalf of the victim? “Why
should any person who has reason to believe that such act has been committed” be
allowed to register a complaint just on his/her belief? What about authentic proofs
and evidence? It also means that even a wife’s paramour/lover can now file a
Manupatra Legal Essay Competition, 2009
complaint on her behalf. Isn’t this great! It has also been found that in the event of
altercation the police generally arrest the husband and the in-laws. This arbitrary
the rights and liberalization of the women and it violates the principles of natural
justice. Law should take its own course to punish the guilty whoever it might be. The
important flaw in the Act is inclusion of live-in partners or any sexual partners
Isn’t this unfair for legally wedded wives? Won’t the promiscuous husbands now take
advantages of this bill? There are many such howlers in the Domestic Violence Act.
The Domestic Violence Act, under the garb of protecting harassed women, has now
actually become a powerful tool in the hands of women to harass men and strip them
off all their rights. The Act will actually worsen the domestic problems leading to
courts/police after trivial fights or heavy fights happening in the heat of the moment.
The Act discourages women to rectify their mistake. The Act not only gives sweeping
powers to females but also takes away all the rights of men. While it imposes a lot of
responsibility on men, it gives lot of rights to women who misuses the law? While
domestic laws are enacted to save the poor female, there have been many cases where
many cunning unscrupulous women have misused these laws to their advantages. For
example, the misuse of Section 498 meant to protect women from cruelty and dowry
harassment. There have been cases where women were incited by the family members
to take revenge to settle family disputes by registering false cases. Such gags of
extortioning money from innocent men and to wreck vengeance will now grossly
misuse the Domestic Violence Act that is made to protect women. By making a one-
sided Act, wives, live-in partners will now be tempted to use it against their
Manupatra Legal Essay Competition, 2009
husbands/partners. Feminists would aver as to why a women would file a case if she
is happy in the marriage. But that would be like saying that men are under mercy of
women. If wives or live-in partners are not happy for whatever trivial reasons, they
can now turn the table on their husband by filing false cases irrespective of whether
any violence occurred or not. Gender partisanship is wholly out of place in the cases
of domestic violence. Tweaking the way the law is interpreted in such a way so as to
diminish responsibility for one sex or the other could have mortal consequences for
poor men. Domestic violence is too grave a matter to be an area where the radicals
can show off how feminist they are. And at present domestic violence is a feminist
issue. For the courts and women organizations, it is a matter of obvious mistruth that
women cannot commit domestic crimes or that women cannot register false rape
cases. Why shouldn’t men also have protection against domestic violence? Why can’t
the same factors attributed to men for harassing their wives can also be attributed to
women? There are numerous cases of male harassment and a study of physical and
verbal abuse of men by women will bring out a clear picture. Suicide rate of men in
India goes up by almost 50% after marriage due to emotional abuse. The Komolikas,
Pallavis, Kaaveris, Jigyaasas, etc. of India would relish the Domestic Violence Act,
2005 and the Act gives a lot of scope for corrupt lawyers and bribes for police, NGOs
and politicians to make lots of money. The innocent men, women, children, etc. will
only get discriminated against. Let there be strict laws for domestic violence and strict
punishment for guilty and abusive men but let there not be biased laws heavily in
favour of women that would only end in broken marriage and relationship. The
To start with the story, it is important to have trailers like these: - Sonia Vs Vinod16:
“A CITY court has dismissed a petition of a woman against her family members on
finding she was harassing them, misusing the Domestic Violence Act in the process.
facie of the considered opinion that the complainant is not cooperating with her in-
Complainant Sonia had approached the court in August, alleging her husband Vinod
and his mother and sisters used to physically harass her for bringing insufficient
dowry. The court, however, declined to allow her complaint, asking a number of relief
s, including right to residence. “The woman failed to satisfy this court that her
husband or any of his other family members had really committed any domestic
violence against her”. Discriminatory laws like IPC 498A and DV Act are harming
men, women and children of India. Due to lack of social support and legal protection
many male victims of domestic abuse are taking their lives everyday. Recently, the
increasing threat of false cases is also driving many married men to commit suicide.
False cases are severely hampering the personal and professional lives of the most
productive section of the Indian population. Aspirations of young men and women are
being crushed, and their most fruitful years are being wasted in litigation. Many men
have lost their jobs or have had to quit their professions as a result of the never-
ending legalized harassment. Parents are heart-broken to see their sons lose their
youth, health, careers, all their earnings, and sometimes even their lives, as they are
mercilessly tortured by their estranged wives, aided by the law enforcement system.
Retired elders are, thus, being denied mental peace in their old age, resulting in
deterioration of their health, and in many cases their premature demise. Falsely
16
IN THE COURT OF DR. SHAHABUDDIN : MM : ROHINI :DELHI
Application No.1192/1, PS Sultan Puri, U/s 12 of Domestic Violence Act, 2005
Manupatra Legal Essay Competition, 2009
accused senior citizens have also ended their lives unable to endure the humiliation of
being arrested and the trauma of fighting false cases. The so-called women-protection
laws are also causing more harm than good to women. In every false complaint at
least two women, a mother-in-law and a sister-in-law, are accused. Minor girls,
pregnant women, married and unmarried sisters, ailing mothers and even aged
grandmothers have been sent behind bars based on mere allegations, and subjected to
long-drawn trials before being declared innocent. Many falsely charged, poor and
illiterate women are languishing in prison every year. Due to an excess of false cases
and the systemic corruption, genuine victims of domestic abuse are denied timely
justice. Children are not being spared from the suffering either. In case of marital
disputes children are being denied access to their fathers, causing great pain to the
fathers and children. Children are also being arrested under false charges of dowry
harassment, and imprisoned along with older family members. In other cases,
children are being torn apart from their parents who are hauled away by the police in
front of their eyes, causing indelible scars and fears in their young minds. Indians
accused NRIs are being impounded. Several individuals who visited India are unable
to return to their respective countries of residence, and several others continue to live
abroad in fear, separated indefinitely from their loved ones in India. Interpol Red
Corner Notices are being misused to force many overseas Indians to return to India.
Unreasonable and easily misused laws like IPC 498A and DV Act are creating a
relationships between men and women in the society. There is a fear psychosis among
men who find it difficult to repose faith in women or marriage. Increasing number of
women are being misled by false notions of liberation and empowerment, and being
Manupatra Legal Essay Competition, 2009
encouraged to shun family life. Due to misuse of laws like IPC 498A and DV Act
numerous families have been broken beyond repair, and are suffering immeasurable
economic hardship and emotional trauma. The country has already incurred a huge
social cost in addition to the enormous financial burden imposed on the public
exchequer. How does the Government propose to compensate individuals for their
personal losses, and more importantly, how will it explain the squandering of tax
the grim statistics The statistics on suicides in India tell the tale of harsh ground
realities faced by men in Indian society. In the recent years, the number of suicides by
males in every age group studied outnumbered the number of suicides by females in
those respective age groups. Nearly twice as many married men committed suicide
compared to married women in the years 2004 and 2005. Also, nearly twice as many
men separated from their wives committed suicide compared to separated women in
both years. Men outnumbered women in every method of committing suicide, except
by fire and self-immolation. Nearly nine times more men committed suicide by
men committed suicide by firearms, by jumping of trains and fast moving vehicles, or
poisoning, or overdose of pills etc., suicides of men were nearly twice the rate of
suicides of women. Overall, the total number of suicides by men nearly tripled
between 1983 and 2005 (whereas during the same period female suicides only nearly
doubled). Incidentally, the draconian provisions of IPC 498A were introduced in the
year 1983, and overwhelming evidence points to the increasing misuse of these
provisions ever since. Every year, there is a rising number of cases fabricated by
wives only to threaten, extort money from, and wreak revenge on husbands and their
Manupatra Legal Essay Competition, 2009
relatives, in case of marital discord. Between 1995 and 2005, the number of cases
filed annually nearly doubled. According to data obtained from the Ministry of Home
Affairs, in the year 2005 alone, 58,319 cases were registered under charges of cruelty
by husband and relatives (IPC 498A), and resulted in the arrest of 1,27,560
individuals including 339 children, 28,579 women and 4,512 adults over the age of
60. However, the statistics reveal only a small part of the grim reality. Under Section
is presumed guilty until proven innocent. The accused have to fight the highly corrupt
state machinery at their own personal expense, all the while carrying the presumption
of guilt on their heads. Sometimes, they lose their employment. Often, they are
forced to travel to a different city or state to fight their cases. Where would these
falsely accused men and women gather the strength and the resources needed to fight
the corruption and public prosecution effectively? If the accused are already indigent
and cannot afford the best defense money can buy, their fate is sealed. They become
mere statistics in the arsenal of the proponents of this draconian legislation. Against
this backdrop, one has to examine the statistics of conviction. In 80% of the older
cases that concluded in year 2005, the accused were found not guilty. The same is true
for the years 2003 and 2004 as well. Multiple sources indicate that, nearly 98% of all
498A cases result in acquittal of the accused. Despite the presumption of guilt and the
overwhelming odds the accused is forced to face, the convictions are only a small
percentage of the total cases filed. Isn’t this is a clear indication of how frivolous the
charges usually are and how widespread the abuse of the system is? The Government
needs to act NOW Save Family Foundation urges the Government of India to make
the following amendments to the law and ensure that ordinary citizens of India are
even before guilt is established. This goes against the Universal Declaration of
Human Rights which states that everyone charged with a penal offence has the right
to be presumed innocent until proved guilty according to law. Abused women need
confining the accused husband and his family in police or judicial custody, until bail
Innocent citizens are being arrested everyday based on mere complaints without
requiring evidence or investigation. Even children and senior citizens are not being
spared. IPC 498A, being a cognizable offence, violates a citizen’s right to due
process.
3.IPC 498A and Domestic Violence Law should be made gender neutral.
Domestic abuse is not gender specific. The assumption that victims of physical,
verbal, emotional, sexual, and financial abuse are always women is wrong. According
the Universal Declaration of Human Rights "all are equal before the law, and are
entitled without any discrimination to equal protection of the law". Hence, men
should also be accorded protection from physical, verbal, emotional, sexual, and
4. Persons who misuse IPC 498A and Domestic Violence Law should be
penalized.
Manupatra Legal Essay Competition, 2009
Misuse of the process of law not only costs the public exchequer dearly, but also
destroys the personal lives of many innocent citizens. Misuse of law should be treated
as a serious crime, and persons who use women-protection laws as weapons for
Biased LAW should immediately be made crime based instead of any assumption that
all women never lie and all the men are born as Criminals. "MEN/WOMEN" word to
be replaced by word "PERSON" and word wife/husband to be replaced with the word
"SPOUSE".
substantial changes in the laws relating to the protection of women from domestic
violence, some of the notable points that have stroke at numerous instances could be
1. The present law relating to the protection of women from domestic violence is
not wide as it has been erroneously interpreted by the legislature that the
domestic violence may only happen with the woman but the same extends to
man and children17 as well and as per the perpetual quest for absolute justice,
the interests of the men and children should also be safeguarded and rescued
ensuring equality before the laws and the equal protection of the laws in
general.
2. It is totally wrong to assume and biased view that each and every suicide of a
women due to men and all the suicide of men the same to be termed as social
17
We wonder whose life is in More Danger in India: Men or Women.
Crime Bure data 2005 : Married Men Sucide : 52k vs Married Women Sucide 28K.Still there is no LAW to Protect
Men why? {http://ncrb.nic.in}
· 2006 Crime Bure Data : Married Men Sucide:55452 vs. Married Women Sucide:29869.
Manupatra Legal Essay Competition, 2009
responsible for the suicide of the men , still such women get Scot free . The
SIFF Study reports “Domestic Violence against Men” confirm the same
beyond the reasonable doubt (Enclosed for your reference). If we consider the
definition of the Present DV act, like Verbal abuse, mental abuse, economical
abuse, Physical abuse and sexual abuse, more than 98% Men also face the
almost a free for all free reign has been given to misuser . The obvious misuse
and abuse of families cases in DV are too numerous. All the cases filed with
only one intention to extort the money form the husband’s family, nothing
else.
marriage, and vitiated conjugal life by developing a false sense of ego and a
relationship let us listen to the traditional but sane voice of John Milton, the
English poet and moralist. Milton says that man represents reason and woman
moment passion dominates reason, chaos ensues. Let us view marital life from
this viewpoint for marriage is not a bed of roses but a domestic battlefield.
Unless husband and wife bring immense goodwill and sacrifice to bear upon
ensure women their rightful, honorable place at home and abroad, at the same
made that residence right previously not available is being made available.
Nothing can be farther from the truth. Women and men both have same
residence rights in fact women have better rights then men. Both can rent or
buy houses. (Women actually pay less property tax in some states so it
becomes clear that women had marginally superior rights). What has
happened in the new laws that husbands and their families have been denied
their residential rights? If this is not the biased approach of the legislation,
then what it really is? And the court should do home work to explain the
SUGGESSTIONS OVERWHELMED
18
View Point: Domestic Violence Act lacks perspective By Zamir Uddin , Central Chronicle
News.
Manupatra Legal Essay Competition, 2009
The same should be used for the well fare of real victim of Domestic Violence
as a collectively. There should not be any difference or discrimination of Rich
or poor people and different facility. All should be treated as same standard.
• Those cases already 498A/Divorce/CRPC125 or any other cases had been
filed and couple are not staying together and their case already pending in
court , should not be allowed to file another DV case ( This is total Violation
of Indian Constitution of article 20 , where a accused can’t be punished twice
for the same offence)
• WCD (Ministry of Women and Child Development) review committees
consist of all women committees with radical and extreme views. We seek that
representatives of NGO's like Save Family Foundation and their associates
should be included in this committee. This is to ensure that there is balance
and sanity in the review of the law.
• Service providers in DV (Domestic Violence) LAW should be neutral persons
and made accountable for their actions to ensure justice for the greater good of
society. Restricting service providers to women’s group’s activists and
organizations is like asking the wolf to guard the sheep. These groups are not
above temptation to extortion, blackmail and corruption. Besides, who will
monitor their actions and penalize them for abuses? Judges and officials
should be neutral. They should be insulated from pressure and intimidation
under the garb of gender sensitization.
We don’t need gender-biased laws but we do need laws that can curb the menaces to
humanity and could uphold the true and identified meaning of worship of mankind.
All messengers of the go; including men and women, should be alike in the eye of the
laws and protection of the laws should extend to all of them. We, in spirit of
humanity, should act in furtherance of the welfare of human race and protection of the
genus. In that way, we can do what we imagine, the perpetual quest for absolute
justice!!.
BIBLIOGRAPHY
india.com .
www.ebc-india/practical lawyer.com
5. The reports forwarded by the Law Commission of India (Ministry of Law and
(http://ncw.nic.in/frmPublication.aspx) .
8. Other websites that express views by calling replies from the visitors such as
10. Essays, articles, circulars, orders, case briefs available on the internet.
12. Other references through law journals and Legal services websites.