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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. Disclimer :This is totally writer personnel Views only. You may have different opinion. The name and place changed to protect the Persons Identity.
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