Gender laws in favour of women?

Gender laws in favour of women?

5 October 2010

nivedita choudhuri

The Union minister of law and justice has been saying on many occasions that laws will be made gender neutral in the next four years. Mr Veerappa Moily, recently replying to a debate in the Rajya Sabha, said male chauvinism and dominance should disappear and that men should never allow women to be degraded and looked down upon. However, the existence of a number of laws that are tilted heavily in favour of women makes the layman wonder if gender neutrality means looking after the interests of women (read wives) only and ignoring totally the welfare of men.

Take for instance the anti-dowry law – Section 498A of the Indian Penal Code – which has reportedly been misused by many women to lodge false or exaggerated complaints against their husbands and in-laws, accusing them of cruel behaviour. Implemented in 1983, Section 498A is a criminal law.

A case filed under this section is non-bailable (one has to appear in court to get bail), non-compoundable (the complaint cannot be withdrawn) and cognisable (the police has to register and investigate the complaint). The law says, “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.”

This was meant to be a special law to get more convictions, but the opposite has happened because there are too many false complaints. Many women use the law to blackmail their husbands, allege activists of the Save Indian Family Foundation, a group that fights the misuse of laws targeted at men.

The false complaints can be filed due to many reasons. Sometimes, a wife wants her husband to sever ties with his family or stop giving money to his parents. If he does not comply with her demands, she slaps a false case against him alleging harassment for non-payment of dowry, allege the activists.

Men also find it unfair that their family members are arrested in the event of the wife naming them in the FIR. Anybody named in the FIR is arrested. It can even be the man’s parents, who live in a different town. The frivolity of the complaints was driven home by a recent newspaper article which reported that a wife was ready to slap a dowry harassment case against her father-in-law who had demanded fish curry for dinner. The wife, who was in no mood to cook fish curry, thought it would be easier to punish her ‘errant’ father-in-law by slapping a dowry harassment case on him.

Another law that is allegedly being misused is The Protection of Women from Domestic Violence Act 2005. This law assumes that all victims of domestic violence are women and it does not give a man a chance to complain or seek justice if he is being harassed or abused by his wife. It also assumes that wives are always honest and truthful. Therefore, proof and evidence to support the allegations of abuse are not required.

Due to the lack of social support and legal protection, many male victims of domestic abuse are taking their lives every day, allege SIFF activists. False cases are severely hampering the personal and professional lives of the most productive section of the Indian population.

Moreover, the so-called “women protection’’ laws are causing more harm than good to women. In every false case, at least two women, a mother-in-law and a sister-in-law, are accused. Minor girls, 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.

Unreasonable and easily misused laws like Section 498A IPC and the Domestic Violence Act are creating a situation of fear and mutual distrust and adversely affecting inter-personal relationships between men and women in society. There is fear psychosis among men, who are increasingly finding it difficult to repose faith in women or marriage.

Despite the public outcry over the misuse of Section 498A IPC and the Domestic Violence Act, the government is not ready to make the proposed Sexual Harassment at Workplace Bill gender neutral. It presupposes that women are always victims of harassment in offices and does not take into account the fact that a woman employee can be every bit as abusive and sadistic as a male. Such laws violate the essence of Article 15 of the Indian Constitution, which prohibits discrimination against any citizen on the grounds of religion, race, caste, sex or place of birth.

Of course, the prime motivation in filing false cases is money. There are scores of cases, allege SIFF activists, where the wives threaten to go to the police or courts if they are not given hefty sums of money as “settlement’’. Sometimes, the clinching factor is the property and assets of their in-laws which the wives covet. What better way to usurp it all than foist false cases on one’s in-laws and then demand a king’s ransom. The proposed Bill against sexual harassment, if not made gender neutral, is likely to encourage the extortion “culture’’.

Though the sufferings of men and their families are increasing, the Indian government still thinks that it’s women who need protection. It is continuing to turn a blind eye to these harassed men, who have to spend the best years of their lives running around in courts to proclaim their innocence. But, can anything better be expected in a country which ranks a lowly 84th in the Corruption Perceptions Index?

The writer is a freelance contributor

http://www.thestatesman.net/index.php?option=com_content&view=article&id=343906&\

Forum for harassed mothers-in-law: 200 counselled in a week

Forum for harassed mothers-in-law: 200 counselled in a week

Mon Sep 13 2010

Rohit (name changed on request), a resident of Shimla, is a broken man today. The last six months have brewed so much of trouble in his married life that this 31-year-old is still trying to come to terms with the "deception" of his wife. In February this year, when he was away to Panchkula along with his family, including his wife, his house in Shimla caught fire. Police investigations revealed that Rohit's wife was the mastermind behind the inferno and she had taken help of the domestic helps to execute her plan. "Since one of the maids got burnt in the incident, she spilled the beans. My wife had paid them Rs 5,000 and also provided them with petrol to burn the house down," said the `victim' who has been married for four years. The family claims the woman also took away all the money and jewellery that was lying in the house before burning it down. While Rohit has filed a divorce petition in a local court in Shimla, the wife has also given a counter complaint of domestic violence with the police and is now "out on bail".
Rohit and his mother had come all the way from Shimla, after seeking "counselling" over the phone at the local chapter of All India Mothers-in-law Protection Forum, to attend a meeting in Sector 10 on Sunday. "We had read about it in the newspapers and called up. These eights months have been traumatic for us but we want to fight it out now as we have been wronged," said Rohit's mother.
This is not an isolated case coming to the forum. The local chapter, which is only a week old, boasts of about 60 members and also claim to have counselled over 200 harassed mothers-in-law till now. The members had gathered near Stop and Stare, Sector 10, for a weekly meeting.
"A lot of people who sought counselling on the phone came to meet us today. This will be a weekly feature. We want mothers-in-law who are viewed rather infamously as the villain of peace to come up with their tale of woes at the hands of their daughters-in-law," said Manjeet Puri, coordinator of the chapter.
Most of the people who have come to the forum lament the "misuse" of Section 498 A of the IPC, which deals with cruelty against women by husband and his family. These harassed mothers-in-law say most of the conflict pertains to division of wealth and property made by their daughters-in-law; failing to coerce to them leads to slapping of "false" cases of dowry harassment and even domestic violence. "I have a house in Gurgaon where my daughter-in-law is living with my grandson. She wanted that I should transfer the property in her name and when I refused to do so, she filed a case of dowry harassment against us. It has been almost two years that she is staying separately," said one Harminder Kaur.

http://www.indianexpress.com/news/forum-for-harassed-mothersinlaw-200-counselled-in-a-week/680901/2

Personal Laws (Amendment) Bill, passed unanimously ,Women’s Bill to be brought in LS soon: Govt

Personal Laws (Amendment) Bill, passed unanimously ,Women’s Bill to be brought in LS soon: Govt

NEW DELHI: The Government has said that the much-awaited Women’s Reservation Bill will be brought to the Lok Sabha soon.

“The Women’s Reservation Bill will be a reality soon under the Chairmanship of Madam Speaker. Any amendment will also be taken up at a subsequent period. The House should not reflect a male chauvinist approach,” the Law Minister, Mr M. Veerappa Moily, sa id in the Lok Sabha, replying to a debate on the Personal Laws (Amendment) Bill 2010.

The amendments to the proposed bill are required to meet the demands of parties like RJD and SP, who are seeking quota within quota for women belonging to scheduled castes, tribes, OBCs and minorities.

The Constitution (Amendment) Bill has already been passed by the Rajya Sabha with the Congress, BJP and Left joining hands much to the discomfiture of several other parties seeking a sub-quota.

Referring to a large number of pending cases which affected women and children, Mr Moily said his Ministry was working on classifying the pending cases pertaining to women and children.

“We will do prioritisation of such cases, whether they are pending in local courts or the Supreme Court. This needs to be done so that women and children do not have to wait too long to get justice,” he said.

With all parties supporting the Personal Laws (Amendment) Bill, the House unanimously passed the measure which paves the way for women to get equal rights in guardianship and adoption of children.

Among other things, the amendment would help “fit” mothers to become guardians of minor which was not the case so far.

The Bill, passed in Rajya Sabha earlier this week, amends the Guardians and Wards Act (GWA) 1890 and the Hindu Adoptions and Maintenance Act (HAMA) 1956.

It aims at including “mother along with father as a fit person to be appointed as guardian so that courts shall not appoint any other person as a guardian of minor if either of the parents is fit to be the guardian of such minor.” The measure, which would make the process gender-neutral, also aims at removing hurdles in the way of a married woman to adopt. She can also give a son or daughter for adoption. — PTI

 

http://www.thehindubusinessline.com/blnus/14211404.htm

Defining ‘honour' killing, a challenge to GoM - a political hot potato

Defining ‘honour' killing, a challenge to GoM - a political hot potato

Thursday, Aug 05, 2010

Smita Gupta

NEW DELHI: The tricky issue of defining ‘honour' killings and getting the States on board, as law and order is a State subject, will engage the Group of Ministers (GoM) at its preliminary meeting here on August 6 to discuss how to end the pernicious practice.

In the draft bill under consideration, the expressions ‘dishonour' and ‘perceived to have brought dishonour' have been defined as “acts of any person adopting a dress code which is unacceptable to his or her family or caste or clan or community or caste panchayat,” “choosing to marry within or outside the gotra or caste or clan or community against the wishes of his or her family or caste or clan or community or caste panchayat,” and “engaging in certain sexual relations which are unacceptable to his or her family or caste or clan or community or caste panchayat.”

Key role for States

Any change in the law — in this case a proposed amendment to the Indian Penal Code, the Indian Evidence Act, 1872, and the Special Marriages Act, 1954 — will need to involve the States. Indeed, at the July 8 Cabinet meeting, where the decision to set up the GOM was taken, it was also decided to write to the States, as they will have to implement any new law.

Difficult proviso

Government sources told The Hindu that one of the suggestions made in the draft bill would be both contentious and difficult to implement: This is the proviso that “all members of a body or group of the caste or clan or community or caste panchayat, ordering the commission of an act by which death is caused, shall be deemed guilty of having committed such an act by virtue of their association with such caste panchayat or body or group of the caste or clan or community.”

While law enforcement officers say this proviso — that is holding all members of a khap panchayat guilty of murder — will be difficult to implement, it will be a political hot potato in States like Haryana, where there has been a rash of ‘honour' killings, as many political parties and leaders there derive their strength from khap panchayats.

Indeed, at the July 8 Cabinet meeting, there were differences, with Human Resource Development Minister Kapil Sibal, Sports Minister M.S. Gill and Surface Transport Minister Kamal Nath pointing out the difficulties in making all members of a khap panchayat accountable for one crime.

http://www.hindu.com/2010/08/05/stories/2010080565050900.htm

“Changes needed in evidence Act” - Moily

“Changes needed in evidence Act”

Vidya Subrahmaniam

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“Government in process of creating judicial academies”

“In practice we are unable to defend women and other vulnerable classes against discrimination”

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New Delhi: Union Law Minister Veerappa Moily, on Wednesday, asked women's groups fighting for justice for marginalised women not to aim for utopia but to direct their movement towards procuring vehicles for getting the various laws implemented.

The Minister was addressing a three-day conference of women leaders from marginalised communities organised by the National Alliance of Women (NAWO). His remark was swiftly countered by President of NAWO Ruth Manorma who pointed out that marginalised women could hardly ensure the implementation of the law. “Implementation is not in our hands, sir. Nothing moves for us.”

Mr. Moily admitted that the situation on the ground was a far cry from the vision of social justice set out in the Constitution. The goals of social and economic justice were envisaged in the preamble and further amplified in the fundamental rights and the directive principles, and yet “in practice we have not been able to defend women and other vulnerable classes against discrimination,” he said. The minister said the problem arose in part because The Evidence Act was not geared towards facilitating gender justice.

The Minister said the United Progressive Alliance government had taken the lead in enacting gender-specific legislation and was in the process of finalising a comprehensive bill against sexual violence. “However, I always insist that the Evidence Act is also amended so that the intended objective of the law is met.”

Hundreds of women representing the marginalised groups of Dalits, minorities and Muslims from across the country are participating in the conference which has been organised on the theme of “denial, discrimination and deprivation.”

Mr. Moily said the law by itself could not deliver justice without a sensitised support system. “We need to ensure that the institutions, the implementing authorities, and the judiciary are sensitised.” He said the government was in the process of creating judicial academies.

Union Minister of State for Minorities Salman Khursheed argued that the time had come to move beyond quotas and such and embrace the “great idea of an Equal Opportunities Commission.”

http://www.hindu.com/2010/08/05/stories/2010080564970900.htm

Amendments will not do, stand-alone law needed to curb ‘honour' crimes, irretrievable breakdown of marriage against women : AIDWA

Amendments will not do, stand-alone law needed to curb ‘honour' crimes, irretrievable breakdown of marriage against women : AIDWA

The All-India Democratic Women's Association (AIDWA) has presented to Law Minister M. Veerappa Moily a comprehensive draft law that seeks to make private parties culpable for violation of fundamental rights in crimes and killings committed in the name of “honour.”

All kinds of harassment, and curbing of choice, association, and movement would come within the ambit of this law.

Apart from defining crimes in the name of “honour,” the draft makes eulogising or glorification of these offences and killings punishable. The onus of proof is on the accused. The law seeks to protect young couples who declare their intention to marry before a government officer, and also suggests measures to stop self-proclaimed panchayats and other community bodies from issuing diktats.

Led by Brinda Karat, MP, a delegation, which met the Minister on Tuesday, pointed out that the amendments proposed to the existing laws did not sufficiently address all crimes of violence perpetrated in the name of “honour,” and highlighted the need for a separate, stand-alone law. The proposed amendments made an entire community punishable for a crime committed by some, the delegation pointed out and suggested that the law penalise only those community members present at the spot where illegal action was taken.

Mr. Moily assured the AIDWA that he would take up the important issues it raised with the Group of Ministers formed to look at legislative changes to address “honour” killings, said general secretary Sudha Sundararaman.

A memorandum was handed over to the Minister, pointing out the extremely limited rights available to women who had separated or were divorced, and their misery and sufferings due to financial constraints.

The delegation emphasised that the Bill to make irretrievable breakdown of marriage a ground for divorce would act against the majority of women in the existing economic and social reality of unequal status.

Adequate financial safeguards must be mandated for women before this Bill was passed, said the delegation, which included AIDWA legal convener Kirti Singh, national assistant secretary Ashalata and member Asha Sharma .

It appealed for supportive legislation to provide financial security to women by bringing in a law on matrimonial property rights immediately.

http://www.thehindu.com/news/national/article552009.ece

Allow compounding of cognisable offences including 498A cases, says SC

Allow compounding of cognisable offences including 498A cases, says SC

TNN, Aug 5, 2010, 03.28am IST

NEW DELHI: To lessen the huge pendency of cases and encourage conciliation among warring litigants, Supreme Court has urged the Centre and Law Commission to examine whether non-compoundable offences under IPC, including those under Section 498A, could be closed after the parties settled.

At present, cases in which a husband or his relative is booked under Section 498A for subjecting a woman to cruelty or anyone charged under Section 326 for causing grievous hurt by dangerous weapon or means fall under the non-compoundable category and courts are barred from closing the cases even after the opposing parties have reached an amicable settlement.

Looking at similar cases before the court and in particular a case under Section 326 where the parties had arrived at an amicable settlement, a Bench comprising Justices Markandey Katju and T S Thakur said, "There are several offences under the IPC that are currently non-compoundable. These include offences punishable under Sections 498A, 326 etc. Some such offences can be made compoundable by introducing a suitable amendment in the statute."

It added, "We are of the opinion that the Law Commission of India could examine whether a suitable proposal can be sent to the Union government in this regard. Any such step would not only relieve the courts of the burden of deciding cases in which the aggrieved parties have themselves arrived at a settlement, but may also encourage the process of reconciliation between them. We, accordingly, request the Law Commission and the government of India to examine all these aspects and take such steps as may be considered feasible."

The court asked the SC secretary general to send a copy of the order to the Law Commission and the law secretary. The Bench requested the law secretary to place this order before law minister Veerappa Moily.

http://timesofindia.indiatimes.com/india/Allow-compounding-of-cognisable-offences-including-498A-cases-says-SC-/articleshow/6257732.cms

State sponsored legalising extortion of husband - Bill to add Irretrievable breakdown new ground for divorce amending the Hindu Marriage Act, 1955, Special Marriage Act, 1954

Bill to add Irretrievable breakdown new ground for divorce amending the Hindu Marriage Act, 1955, Special Marriage Act, 1954

Wed, Aug 4 08:02 PM

New Delhi, Aug 4 (PTI) Getting a divorce from marriage, which has broken down for all practical purposes, could become easier, as the government today introduced a bill in the Rajya Sabha to amend marriage laws. The amendments proposed in the Hindu Marriage Act and Special Marriage Act will also make divorce through mutual consent easier, according to the Marriage Laws (Amendment) Bill, introduced by Law Minister M Veerappa Moily.

The amendment bill also provides for an additional grounds for seeking divorce in case of "irretrievable breakdown of marriage". It seeks to do away with the provision of second joint appearance before the court after six to 18 months of filing of divorce petition, with mutual consent.

The present clause of joint appearance for seeking decree of divorce creates problem as often one of the parties fails to appear before the court on some pretext or the other. This leaves one of them "hapless and remediless", according to the objects and reasons of the bill.

The bill also seeks to insert a new clause under which either husband or wife can seek divorce if the couple have not lived together continuously for three years. However, in case the husband seeks divorce, the wife will be entitled to oppose it on the ground that the dissolution of marriage would result in financial hardship to her.

Similarly, a provision has been made to restrict grant of divorce on the ground of irretrievable breakdown of marriage in the absence of adequate provision for maintenance of children. The amendment bill has been prepared on the basis of recommendations of the Law Commission as well as the Supreme Court, Moily said.

The clause of irretrievable breakdown of marriage will be in addition to the existing grounds for divorce. At present, various grounds for dissolution of marriage are laid down in law.

These include adultery, cruelty, desertion, conversion to another religion and unsoundness of mind.

http://in.news.yahoo.com/20/20100804/1416/tnl-irretrievable-breakdown-new-ground-f_1.html

 

more news at

http://timesofindia.indiatimes.com/india/Bill-in-Rajya-Sabha-to-make-divorce-easier/articleshow/6257265.cms

NEW DELHI: A bill seeking to make divorce easier in case of "irretrievable breakdown of marriage" was introduced in the Rajya Sabha on Wednesday.
The Marriage Laws (Amendment) Bill, moved by law minister M Veerappa Moily, aims at mitigating hardships by allowing divorce in cases of complete failure of marriages.
At present, the petition for a divorce on the ground of mutual consent could be presented by the spouses together before the court under the Hindu Marriage Act 1955 and the Special Marriage Act 1954.
While both parties have to move a motion jointly before the court between six and 18 months of the original petition, it has been observed in several cases that one of them does not turn up.
This leaves parties desirous of obtaining decree of divorce hapless and remediless. In order to mitigate such hardships and to allow divorce in cases of complete failure of such marriages, the bill seeks to amend the Hindu Marriage Act and the Special Marriage Act.
The condition of moving the motion before the court subsequent to the first petition would be done away with, it said.
However, in case the wife happens to be the respondent to the petition, she is entitled to oppose it on the ground that the dissolution of marriage would result in grave financial hardship to her.
Similarly, a provision has been made to restrict grant of divorce on the ground of irretrievable breakdown of marriage if the court is satisfied that adequate provision for maintenance of children has not been made.
The amendment bill has been prepared on the recommendations of the Law Commission as well as the Supreme Court.
The clause of irretrievable breakdown of marriage will be in addition to the existing grounds for divorce.

 

Full text available @

http://164.100.24.219/BillsTexts/RSBillTexts/asintroduced/marrge%20law%20as%20intro.pdf

http://legalmanthandivorce.blogspot.com/2010/08/irretrievable-breakdown-of-marriage-as.html

No opening up of legal sector to U.K. yet: Moily

No opening up of legal sector to U.K. yet: Moily

Hasan Suroor

LONDON: Union Minister for Law and Justice Veerappa Moily on Saturday ruled out an early decision on Britain's long-standing demand for access to India's legal market, saying that the government could not bulldoze the country's more than one million lawyers into accepting foreign competition overnight.

Mr. Moily's remarks came ahead of British Prime Minister David Cameron's visit to India in a few weeks when he is expected to press New Delhi on this and other “protectionist'' measures.

Mr. Cameron's decision to go to India barely weeks after assuming office is being portrayed here as a reflection of his desire to build a “special'' or “enhanced” relationship with it but, apparently, it comes with a price tag that New Delhi may not be able to afford politically.

Mr. Moily made clear that the government would not impose a decision on the legal community and pointed out that even Britain took a long time before opening up its legal sector to Americans.

“There are more than one million lawyers in India and we have to carry them with us,” he said.

He said the Bar Council was preparing a “road map” but he was not willing to say when it would be ready and implemented.

“I don't want to get into that,” he said firmly.

Mr. Moily, however, stressed that the issue should not be allowed to distract from the efforts of the two countries to raise the level of their relationship. India “enthusiastically” welcomed the Cameron government's desire to build a “special” relationship, he said describing his own talks in London as “very warm, cordial and fruitful.”

During his three-day visit, at the invitation of the Secretary of State for Justice Kenneth Clarke, he had wide-ranging discussions on “enhancing collaboration between the judicial and legal systems of the two countries by sharing mutual experiences.”

“Mr. Kenneth Clarke told me about the high regard he has for our Prime Minister Dr. Manmohan Singh and how much he admires the transformation that has taken place in India particularly in the Indian economy under Dr. Singh's leadership. Mr. Clarke also acknowledged India's powerful regard for the rule of law and spoke of the challenges the Indian judicial system faces,” he said.

Mr. Moily also met the Chief Justice of the newly created Supreme Court and other senior legal figures.

http://www.hindu.com/2010/07/11/stories/2010071153781100.htm