HUNGER STRIKE BY DASHRATH TO PREVENT MISUSE OF IPC498A AND ANIT-MEN LAW LIKE CRPC125,HMA24, DV ACT IN JANTAR MANTAR DELHI FROM 15TH MAY 2011.
ALL ARE REQUESTED TO BE PRESENT ON SATURDAY 4.00 PM ONWARDS AT JANTAR MANTAR TO RAISE YOUR VOICE ALONG WITH YOUR AGE OLD PARENTS AND SISTERS WHO ARE VICTIM OF SUCH MISUSE OF LAW AND LEGAL TERRORISM AS DESCRIBED BY SUPREME COURT OF INDIA.
Inspite of SC direction to review the same law LAW Ministry not taken any effective time bound action. This time they have to give us the time bound confirmation of action.
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?
2006 Crime Bure Data : Married Men Sucide:55452 vs. Married Women Sucide:29869.
2007 Crime Bure Data : Married Men Sucide:57593 vs. Married Women Sucide:30064
Will Our LAW Maker change the LAW 304B( dowry death) to 304C( Sowry Death) and 498A ( harrasement to wife) to 498B ( Sowry harrasement by wife)
Urgently Review the Present IPC 498A and Make Same Gender Natural.
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 spared from needless harassment:
1.Section 498A of IPC should be made bailable.
Section 498A, being non-bailable, allows punishing the accused by imprisonment 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 protection, but placing unconditional faith in the statements of a woman and confining the accused husband and his family in police or judicial custody, until bail is granted by a court, is not the way to accord protection to women.
2.Section 498A of IPC should be made non-cognizable.
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 financial abuse by women.
4. Persons who misuse IPC 498A and Domestic Violence Law should be penalized.
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 settling personal scores in marital disputes should be severely punished.
Gender 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”
Further 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 service by women , even when it is clear evidence that the women is responsible for the suicide of the men , still such women get Scot free . Our Study reports “Domestic Violence against Men” confirm the same beyond the reasonable dought (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 same at their Home.
The current domestic violence act was drafted by lawyers whose expertise on 1st principle of law making and justice can be shown to be questionable. Some of their key members are unable to understand that words police, bail, jail, bonds have no place in a civil law. A law to jail, “tadipar” and fine can be provided only in accordance with a criminal matter that is in criminal laws.The similar set of lawyers fail to provide IPC or the civil law where in the men have any rights though they make a claim that problems faced by men can be taken care of . The current Domestic violence laws need to scrap to be replaced by more reasonable laws a domestic harmony laws in consultation with a panel consisting of Retired judges. Such can be done in 6 months. Let us remove the lawyers from the equation and their self interest. Let the Husband/wife say the truth in Family courts, instead of making twisted allegation against each other by the twisted advice of lawyers. This law is cynically ignorant of the first principle of human rights, dignity, law and justice.
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.
Under section 19 she can throw any man, who was in a domestic relationship with her, out of his own house. This law is worded in a fashion that the house could be of senior citizens or retirees, a man’s friends or relatives, etc. Senior citizens work all their lives to save and live in a house of their own to live their golden years with dignity. This is an outright injustice to force to them to abandon their own homes. This law offers unscrupulous women and their greedy relatives, the incentive to legally grab property and hold the owners to ransom or subject them to extortion.
While Judiciary seems to have a taken a much more proactive stance in containing misuse of DV laws compared to 498a and dowry law where in 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.
We, on behalf of Save Family Foundation, Delhi, write to you to expeditiously amend the lopsided PWDVA which was passed on the basis of assumption and biased view along with under tremendous pressure from a small minority of vocal and radical Groups elements of our country, who want that each and every home a litigation should start ( Promotion of Legal Terrorism) and a Huge money had been invested for that purpose, which is evident from their huge cry that why only approx.10000 Domestic Violence case filed in one year, it evident that those groups work like a Business Group who had invested huge money with the expectation the expected Profit and Business Turnover and for that they are desperate to ensure that there should not be any single home to be spared where Litigation not started.
Hence our sincere request to you to take immediate action, if we really want a Happy Family life in India and our Future Child will not spend their Child hood under Father Less Society:
Replace the word “Husband and Wife” with “Spouse”.
Replace the word “Men and Women” with “Person”.
Government should make the provision for Shelter Home and other facility to the victim of Domestic Violence, as an interim relief.
Establish the Family Court without Lawyers and the Domestic Disputes to be resolved in Family Court only.
In case found the complainant had not come to file the case in Clean Hand and misused the LAW along with Judiciary / administrative authority, they should be punished and the fine amount should go to Government as revenue.
Duplication/ multiple maintenance case to be stopped. This is total abuse of not only the natural Justice Systems and Duplication of LAW, this is the main motivation for filling false and fabricated case to extort the money from Husbands family.
There should not be any direct Compensation to the Complainant, if the offence proved beyond reasonable dought the offender should be Punished or fined and in such fine amount should go to the Government Revenue only. 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.
The other problem is that a specious argument by similar set of lawyers is 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.
It should be important that even a convicted murderer or terrorists are not denied their residence in his owned or rented residence. Further they failed to understand the Indian society that it is the Husbands family providing the residence to women in more than 99% cases. Such type of law, where your own right to stay in your own residence refused, in long run will make the poor girls family life more miserable as very few people will be really interested to marry girl who does not have a own residence.
The right of retired persons to live peacefully in houses purchased out of their retirement funds is being sought to be made unavailable to it as per present Domestic Violence LAW.
The other curious problem which has started that even violent women are getting their way in the domestic violence cases as there have been disturbing judgments to that affect . In addition to that as the law failed to describe what is “live-in-relationship” with a strict time frame to claim the legal rights form each other like all other developed countries, creating a situation where a job and right of a prostitutes and normal women made equal and there is no difference at all.
Another disturbing element is regards custody of children. It has upheld the traditional notion of women as children making machines. A husband or mother-in-law who has raised his children could go to Jail merely on account of taking care of children. That there are reports of such happening raises further cause for complaint.
Other disturbing elements have been arrests happening in DV law for non presence. Civil and marital law does not envision arrests or arrest warrants. (The only arrest warrants should be for non compliance of orders not for non presence where in ex prate order may be granted).
View Point: Domestic Violence Act lacks perspective By Zamir Uddin , Central Chronicle News. “In short, the DVA-2005 in its enthusiastic thoughtlessness has throttled all avenues of reconciliation, has weakened the foundations of the institution of marriage, and vitiated conjugal life by developing a false sense of ego and a fictional helplessness among women. When it comes to man-woman 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 passion. As long as reason dominates passion, there is cosmos, but the 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 their marital fortunes, their situation is desperate. The DVA need to be replaced by some more benign, sensible, gender-neutral legislation that may ensure women their rightful, honorable place at home and abroad, at the same time not forgetting the rights of men.”
We want a better Society for our Future Generation and Stop a Father less Child Society, which in turn not only will increase the crime in the society , it is evident from the various study that a father less child had been victim of child abuse at least 10 times more than a normal child.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”With High Regards (Save Family Foundation)Encl: Study Report of “Domestic Violence against Men”
Further Reference: Read latest News at www.savefamily.org