Introduction

It is well quoted that Power Corrupts and Absolute power corrupts absolutely. So this enormous power of legislature has given full immunity in the hands of women to use the men as they want to use. We all know that the position of women from the ancient time is not so well in India and they were facing a continuous harassment and exploitation from the men in society but after that government have made a lot of laws like Domestic Violence Act, section 498(a) and 304(b) of Indian Penal Code to protect the interest of women. But these rules which are meant to provide protection to all domestic women are creating imbalance between the family relations in the society. It seems that what has been planned by the law makers to control the chariot by their own is now being shifted to the hands of these so called vamps and they are become so much reckless in driving this one eyed chariot that there is very less margin left for all men to get out of this government gifted swam. These laws of Domestic Violence and IPCs feminist acts provide all women a very effective and useful tool to harass and exploit the men in the name of Domestic Violence to prove their uneven goals and to create dominant position in the family. 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 relationships but in no way 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.1 These laws has been framed to provide equal protection as to the men but the so called educated part of society which is capable of using it as a tool of extortion making a lot of loop holes in these government prescribed laws. With this, the measures which have been provided to the women are not violative of the Principle of Natural Justice but the laches with some loop holes which are left unfilled are creating a huge problem among all the families. It is true that all the feminist rules should have rigidity and if we will not be capable of proving sufficient measures for it than the purpose of these feminist laws will not be fulfilled. Its really a thin of great concern that women are being empowered in a wrong way. The absolute right available to women under S. 498A and DVA,2005 is really the encroachment on the right of equality of men who are considered by the Act as the "Born Criminal" and women being the "Symbol of truth". Its high time that the Men's Commission is made for the victims of those over jealous and over

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) .

ambitious wife. 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 has been accepted.2 These all women with the very destructive weapon in their hand with the name of law are being relentless in stripping away the veneer of equity justice in society and to vanish the principle of Natural Justice and the principle of equity justice and good conscience. Really this is the excoriating piece of work by the political moron that is affecting a large number of people in this society of natural justice. If this is being the result of enactment of new introduced law than what is the need of this kind of laws.3 The Supreme Court of India says, But by misuse of the provision a new legal terrorism can be unleashed. The provision is intended to be used as a shield and not as assassins weapon. Laws originally meant to protect from the dowry menace are being misused by urban ill-intended, unscrupulous women and their families as an assassins weapon. There is rapidly escalating social evil in Indian families, namely the misuse of the dowry and cruelty laws, which were originally meant to act as a shield for the protection of harassed women. Nowadays, the educated urban Indian women have turned the tables. They have discovered several loopholes in the existing Indian judicial system and are using the dowry laws to harass all or most of the husbands family that includes mother, sister, and sister in law, elderly grandparents, disabled individuals and even very young children. The number of such cases has increased by about 100% in the last 10 years and by more than 15% in just the last two years. The fact is that many women who are actually beaten up and harassed by their husbands and inlaws rarely file 498a or resort to other dowry related laws. A lot of them live in rural areas, unaware of the law or lack the necessary economic and moral support from their natal families. This law has been mainly misused to harass men and their families rather than to protect genuine female victims of harassment. The Supreme Court of India itself has labelled the misuse of section 498a as legal terrorism and stated that many instances have come to light where the complaints are not bona fide and have been filed with an oblique motive. In such cases, acquittal of the accused does not wipe out the ignominy suffered during and prior to the trial. Sometimes
2

Proof that women are not the only victims of domestic violence appears in the 1998 Justice Department report "Intimate Partner Violence." Of 1,830 domestic-violence murders, 510, or almost one-third of the victims, were men. The study also indicated that males are 13 percent less likely to report being a victim of intimate violence than females. Another 1998 Justice Department report, "Violence Against Women Survey," found that while 1,309,061 women were assaulted by an intimate partner in the prior year, 834,732 men were victims of domestic violence, 39 percent of the total. Extensive research concludes that men and women are almost equally likely to initiate domestic violence. While women may be more severely injured when domestic violence escalates, they can and do commit serious crimes of violence against men. Women's advocates continually downplay the existence of female violence. This obscures the fact that men are at risk of being victimized, and leaves them less prepared for the potential for violence against them. (http://mensightmagazine.com/Articles/Scott/genderbias.htm) 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)
3

adverse media coverage adds to the misery.4In agreement with the above statement, the findings of a study conducted by The Centre for Social Research indicated that 98 percent of the cases filed under IPC section 498a and Domestic Violence Act are false.

Social impacts of draconian legal provisions and their misuse Due to lack of social support and legal protection many male victims of domestic abuse are taking their lives every day. 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. 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. 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 the truthfulness of allegations made by the woman.5 Unreasonable and easily misused laws like IPC 498A and DV Act are creating a situation of fear and mutual distrust, and adversely affecting interpersonal 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 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 nearly twice as many married men committed suicide compared to
Sushil Kumar Sharma Vs. Union of India, JT 2005 (6) SC 266 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.
5 4

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 consuming excessive amounts of alcohol, or by machines. Nearly four times more men committed suicide by firearms, by jumping of trains and fast moving vehicles, or by self-electrocution. In almost every other category of suicide such as hanging, 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 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 498A,6 an individual is charged with a non-bailable, cognizable criminal offense, and 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.

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
10

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.]

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. Isnt 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 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 citizens 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"

Disturbing Facts According to a case statistics by Crime Bureau of India, after marriage the suicide rate of Indian husbands are increasing at least double than unmarried men. Every year more than 22000 Indian husbands are ending their life as they cant meet their wifes enormous daily torture and failed to fulfill their wifes high sky lifestyle demand, let it be from a rented house to flight ticket. More than 98 per cent of married men are victims of physical torture, economical torture, and mental torture and denied to have sex at least once in the span of their first three years of marriage. The same increased by 1.5 times after 5 years of marriage and by 3times after 7 years of marriage. Presently the Anti Dowry Act and domestic Violence Act is not applicable, when a wives family demand any property/money/separate house from husbands family, as it is their own birth right to demand anything from husbands family and the same is not crime, even if they kill their husbands by their boyfriends or even it is not crime if they do the adulterate relationship with other men. Some statistics are alarming the continuous misuse of Domestic Violence act and feminist laws7 The impact of the legal terrorism is enormous: 8 In every 6 minutes an innocent is arrested. In every 30 minutes an innocent woman is arrested. In every 2 hours an innocent elderly is arrested In every day an innocent child and a pregnant women are arrested

In 2004, CNN-IBN published some astonishing statistics regarding the use or rather misuse of section 498(a) and domestic Violence act:9

58,319 dowry cases were registered in the country. 1,34,757 men were arrested. 47,828 cases have reached the charge sheet stage. 10,491 dowry cases were not charge sheeted as they were based on frivolous ground. However, 5,739 men have been convicted but which is only around 5% of the men booked and harassed under this section and more than four times that number have been acquitted (24,127).

Indian Husbands End their life: It Was A Crime That I Was Born As Man http://savefamily.org/index.php?Itemid=71&option=com_content 8 Source: National Crime Records Bureau 2005 9 http://mynation.net/study-report-498a.htm

Only one out of six dowry complaints genuine.10On the other hand, let the Husband provide all the comfort to wife, but if any one day morning due to some any reason, the wife run to police station and say I had been abused by my husbands and his mother/sister, let his mother sister stay with them or stay 2000 KM far away immediately a FIR will be register under 498A or DV act and will be put behind the bar, irrespective the husbands is innocent or criminal. Wifes verbal statement is sufficient to send any TOM/DICK/Harry or marry behind the bar and it is the Husband has to prove that he is innocence. But, in this situation also only less than 2% husband failed to prove his innocence (found the allegation of wives are right) and all the 98% cases the Husband will be treated as a Free ATM Machine, the wife will not take any responsibility or job of a wife, but husband will be forced to pay unlimited amount under CRPC 125 to the wife, as presently the Cap of Rs.1500/- had been removed. Supreme court had not forgot to term the same as Legal Terrorism of India. Hence to give justice to so called abused wives, 98 innocent Husbands had been became victim of Legal Terrorism along with his mother, married or unmarried sisters. What our law maker failed to understand that, those wife can easily got justice in the present IPC Blackmailing and extortion law, hurt to injury law itself and for that no special law was required. The National Commission for Women (NCW) has repeatedly failed to ensure that girls parents should provide the equal right to their daughter in terms of education, job and parental property. Result those greedy, money minded girls parents became a legal terrorist of India and openly demanding money/property/Gold in front of open public, media and court also and all are just silently enjoying the same extortion process. NCW and their all associates including CSR, heads, always took the double standard regarding the clarification of demand of Dowry, Streedhan and the Sowry (dowry form husbands family). At the time of marriage everything is Streedhan and if any dispute occurs after wards, every think will be termed as dowry demand.

Realities: wounded by the clutches of feminist gender biased laws 56000 Married men commit suicide in India every year due to torture from wives and in-laws. BUT THERE IS NOT A SINGLE LAW TO PROTECT MEN. There are several heart threatening examples, not seems to threaten us but the pain of a sister, mother and father who hadnt ever took a slap on, and now has committed suicide just because legislature has enacted a extremely protective laws for women protection and they are being reckless in using it . Ravi marshettiwar, a 29 year old resident of Nagpur is seeking permission to sell one of his kidneys to pay the interim monthly pay of 1000 that court has ordered earlier. In his affidavit which he has submitted is written that he belongs to a family which is financially not well-to-do
10

http://www.tribuneindia.com/2004/20041013/cth1.htm ]

and for last year he has not held a job too. I am a dependent on my retired father, friends and even my advocate is not charging any fees.11 Allegedly hounded by a greedy and cruel wife, who was fully supported by her parents, a 32year-old techie ended his life by consuming a full bottle of anti-depressant tablets. Inflicting cruelty is no longer the Indian male's preferred means to cause pain or suffering on a spouse. Shubhankar Katyayan was married to Nandini, 27, also a software engineer, for the past two years. Their marriage was registered and solemnized here. Although the two hailed from Jamshedpur in Jharkhand, they had been working in Bangalore after their arranged marriage. While Nandini was overseas she has got pregnant and returned to his parents home. Shubhankar managed to take leave and returned to Jamshedpur to see his newly born son, Purunjay. Recounting the events prior to Shubhankars death, a close relative told Deccan Herald:Soon after returning to Jamshedpur, Nandini and her parents began ill-treating him. Shubhankar allegedly fell at their feet, begging to let him see his child. Since their marriage was floundering, the couple decided to settle for a mutually agreed upon divorce. On July 14, Nandinis mother Anmana Jha lodged a complaint with the Commercial Street police, alleging that Shubhankar, demanding dowry, had assaulted and attempted to kill her daughter. A number of criminal cases were also lodged against him. He was arrested and produced at the magistrates court on July 19. The magistrate directed the police to investigate the matter, and he was sent to Parappana Aghrahara Central jail. Anand said Shubhankar was virtually a broken man in jail and had undergone treatment. Last Saturday, he consumed a bottle of anti-depressant tablets. The authorities rushed him to Victoria Hospital in a critical condition where he died. The authorities refused to hand over the body till Nandini gave her consent. Finding her house locked, the police allowed the release of the body.12 Even after the cruel end of mentally devastated man court has found it on discretion of those vamps who are making mockery of this whole legal justice system. A 38 year old man committed suicide by hanging himself in a ceiling fan in his Indiranagar house. He left behind a suicide note accusing his wife and in laws of torturing him. The death note which was scribed on his calendar, stated: I am committing suicide because I am unable to bear torture inflicted on me by my wife, her mother and brother. I have decided that the only solution of my problem is suicide. Two months ago, Shobha had moved to his mothers house with his daughter. Lately, after Ramesh came to know that she was having an affair in the locality. When he scolded her for that, Ramesh had been beaten down by her brother and lovers.13

11

Article by Arkadev Ghosal in TIMES OF INDIA Man seeks court nod to sell his kidney(Being jobless he wants to pay maintenance and square debts) dated, June 15, 2009, pg 6. 12 http://www.deccanherald.com/content/19204/treated-cruelly-wife-techie-ends.html 13 http://epaper.dnaindia.com/dnabangalore/newsview.aspx?eddate=5/30/2009&pageno=5&\%20%20%20edition =9&prntid=5393&bxid=27956468&pgno=5

A newly-wed youth allegedly committed suicide after he was reportedly pressurized by his inlaws to live in his wife's house and sever all ties with his parents. The deceased has been identified as Deepak Yadav (27), who was working as a computer operator in Delhi Electric Supply Undertaking. The incident was reported from the New Friends Colony area in southeast Delhi on Thursday. According to allegations made by Yadav's uncle, Vijay Pal, problems began the day he got married. "We objected to his in-laws' demand that he will have to stay at Aradhana's house after marriage. However, they threatened to lodge a dowry case against us. We got confused and agreed to the proposal. We never knew Deepak was under such pain due to this. Last night, his father-in-law called us and said Deepak was unwell. 14

Case Laws on abuse of DV Act In Budhan Choudhry and others v. State of Bihar 15a contention was raised that a provision of law may not be discriminatory but it may land itself to abuse bringing about discrimination between the persons similarly situated. This court repelled that contention holding that on the possibility of abuse of provision by the authority, the legislation may be held arbitrary or discriminatory and violative of Article 14 of the constitution. In Sushil kumar v Union of India case Arijieet Pasayat has contended: The object of provision is prevention of the dowry menace. But as has been rightly contented by the petitioner, many instances have come to light where the complaints are not bonafide and have been filed with oblique motive. In such cases acquittal of the accused does not in all cases wipe out the ignomy suffered during and prior to trial. Sometimes adverse media coverage adds to the misery. The question, therefore, is what remedial measures can be taken to prevent the abuse of wellintentioned provision. Merely because the provision is constitutional and intra vires, does not give a license to unscrupulous person to wreck personal vendetta or unleash harassment. It may, therefore become necessary for the legislature to find out ways How the makers of frivolous complaints or allegations can be appropriately dealt with. Till then the courts have to take care of the situation within the existing framework. As noted above the object is to strike at the roots of dowry menace. But by misuse of the provision a new legal terrorism cam be unleashed. The provision is intended to be used as a shield and not as an assassin's weapon. If cry of wolf is made too often as a prank assistance and protection may not be available when the actual wolf appears. There is no question of investigation agency and courts casually dealing with the allegations. They cannot follow any straitjacket formula in the matters relating to dowry tortures, deaths and cruelty. It cannot be lost sight of that ultimate objective of every legal system is to arrive at truth, punish the guilty and protect the innocent. There is no scope for any pre-conceived notion or view. It is strenuously argued by the petitioner that the investigating agencies and courts start with the presumption that accused persons are guilty and that the
14

TIMES OF INDIA Told to live with in-laws, newly-wed youth kills self dated, May 30, 2009. AIR 1955 SC 191

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complainant is speaking the truth. This is too wide available and generalized statement. Certain statutory presumptions are drawn which again are rebuttable. It is to be noted that the role of investigating agencies and the courts is that of watch dog and not of a bloodhound. It should be their effort to see that innocent person is not made to suffer on account of unfounded, baseless and malicious allegations. It is equally indisputable that in many cases no direct evidence is available and the courts have t ace on circumstantial evidence while dealing with such cases, the law laid down relating to circumstantial evidence has to be kept in view.16 The UN and NWO have moved to destroy Indian families as they have in all western nations. They have now decided that any women will never lie about being raped and thus given any woman in any relationship the right to have her boyfriend, husband and their family arrested if she simply claims to have been raped. How so? Well when combined with the draconian dowry laws and the new decision by the state that no women would ever lie about being raped there is nothing stopping the wholesale destruction of families by any women who feels her life should be better, like the MSM media programs tell her it should be. With these state enforced powers no Indian man will be safe (if not part of the elite NWO), as any jilted woman will be able to claim rape and not be cross examined in court ever. An unfortunate welcome to our Indian brothers to what our western brothers have been facing for decades in other parts of the world. Here is quote on the Indian courts evil decision: In an observation that could have far-reaching implications in the prosecution of rape cases, the Supreme Court recently observed that an Indian woman would never make a false allegation of rape, given the social stigma attached to it. This is likely to bolster the cases of rape victims and may have a bearing on recent cases involving actor Shiney Ahuja and Shree Ram Mills scion Abhishek Kasliwal.17

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. Dismissing the complaint, Metropolitan Magistrate Shahabuddin said, I am prima facie of the considered opinion that the complainant is not cooperating with her in-laws. She prima facie appears to be harassing them on trivial matters. 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

16 17

Sushil Kumar Sharma Vs. Union of India, JT 2005 (6) SC 266 http://mynation.net/voice/evil-decision-by-indian-courts/

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.18

Injustice to Men Constitutional Perspective

Many such provisions under this statute in an attempt to do justice to the abused women and punish their chauvinist and cruel husbands and in-laws, has ended up causing gross injustice to those guiltless male counterparts who are victimized and subjected to ill treatment in view of a malicious complaint. The loop-sidedness of this piece of legislation can be easily deduced from the fact that it specifically and clearly exculpates women from being prosecuted as the principal accused of Domestic Violence, excepting mothers, sisters, 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. The Domestic Violence Act, 2005 is thus congratulated 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 should be summoned to state the reason as to why there is no appreciation; done by the legislation, of the phrase equal protection of the laws even after being a part of the Right to Equality. The nature of the Domestic Violence Act gives rise to a discriminatory connotation of the provisions enshrined and thus happens to be biased as to the upholding the rights of the men have been underestimated. As per Art.15 of the constitution of India, discrimination on the basis 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 unreasonable discrimination and classification. The legislation thus stands in the 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 though prohibits discrimination on the basis of sex.19 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 rights of women are solely enforced. This is a psychological disaster that it is 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.20
18

Sonia Vs Vinod case - http://ipc498a.wordpress.com/2008/08/16/citations-from-judgments-to-win-dv-actcases/

19

Vishaka v. State of Rajasthan 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. 20 In Kesavananda Bharati v. State of Kerala

Unconstitutionality of Section 498A The introduction of this piece of legislation has triggered a contentious debate regarding the prejudice caused to the men who are exploited by women under the biased cover of this legislation. Many provisions under this Act, in the quest of ensuring protection to the distressed and abused wives have ended up being a convenient weapon in the hands of shrewd women who exploit these laws to their undue advantage and harass their male counterparts. The bent towards women in this legislation (mainly aiming at upliftment of women in the society) have ended up being mere tools for harassing their men and extracting towering amounts of alimony as maintenance despite being capable of sustaining themselves. Certain provisions of this legislation are very often than not used in this regard to cause nuisance and to get back at their husband and his family and cause their arrest and ill treatment in the hands of the police force. Section 498 is one such provision. It provides 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. Thus Section 498A is a v v v Cognizable offence (The accused can be arrested and jailed without warrant or investigation) Non-Bailable offence (The accused must appear in the court to request bail) Non-Compoundable offence ( The complaint cannot be withdrawn by the petitioner)

The stringency of this and many other such provisions under this statute (though intended to provide protection to the tormented wives) has led to its wide misuse. When an FIR (First Information Report) under IPC section 498A (anti-dowry law) is registered by a woman, the accused i.e. the husband and his old parents, brothers, sisters, relatives - are arrested and jailed without investigation. The Supreme Court of India has ruled several times that arrest should be an exception, and not compulsory, yet under the cloak of this section the police leaves no stone unturned to harass the husband and his family without examining the veracity of the complaint. And in case the police do not react on a womans fabricated complaint, the women groups are given untoward powers to take legal action against the officer-in-charge of the police station. These innocent people undergo stigmatization and emotional trauma even before the trial in the court of law, which leads to emotional, physical and financial torture. Some of the falsely accused have committed suicide after being jailed, unable to bear the social consequences.

Chief Justice Sikri observed: "148-49. I may here mention that 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.

The Malimath committee on reform of criminal justice 21

Section 498(a) is intended to protect the wife from being subjected by the husband or his relatives to cruelty. Cruelty for the purpose of this Section means willful conduct that is likely to drive the woman to commit suicide or cause grave injury or damage to life, limb or health, mental or physical. It also includes harassment by coercing to meet unlawful demands. This is a very welcome measure. But what has bothered the Committee are the provisions which make this offence non-bailable and non-compoundable. The woman who lives with the husband and his family after marriage is expected to receive affection and caring and not cruelty and harassment. True to the Indian tradition the woman quietly suffers without complaining, many inconveniences, hardships and even insults with the sole object of making the marriage a success. She even tolerates a husband with bad habits. But then, when her suffering crosses the limit of tolerance she may even commit suicide. For the Indian woman marriage is a sacred bond and she tries her best not to break it. As this offence is made non-bailable and not compoundable it make reconciliation and returning to marital home almost impossible. If the woman victim lodges an F.I.R alleging commission of offence under Section 498A, her husband, in-laws and other relatives of the husband would be arrested immediately. If she has no independent source of income she has to return to her natal family where also support may not be forthcoming. Her claim for maintenance would be honoured more in default than in payment especially if the husband has lost his job or suspended from his job due to the arrest. Where maintenance is given, it is often a paltry sum. Thus the woman is neither here nor there. Even when there is a divorce, or reconciliation, the criminal case continues as Section 498A is non compoundable. In less tolerant impulsive woman may lodge an FIR even on a trivial act. The result is that the husband and his family may be immediately arrested and there may be a suspension or loss of job. The offence alleged being non-bailable, innocent persons languish in custody. There may be a claim for maintenance adding fuel to fire, if the husband cannot pay. She may change her mind and get into the mood to forget and forgive. The husband may realize the mistakes committed and come forward to turn a new leaf for a loving and cordial relationship. The woman may like to seek reconciliation. But this may not be possible due to the legal obstacles. Even if she wishes to make amends by withdrawing the complaint, she cannot do so as the offence is noncompoundable. The doors for returning to family life stand closed. She is thus left at the mercy of her natal family. This section, therefore, helps neither the wife nor the husband. The offence being non-bailable and non-compoundable makes an innocent person undergo stigmatization and hardship.
21

Committee on reform of criminal justice system Government of India, Ministry of Home Affairs Report I March 2003

Heartless provisions that make the offence non-bailable and non-compoundable operate against reconciliations. It is therefore necessary to make this offence (a) bailable and (b) compoundable to give a chance to the spouses to come together. ADULTERY: SECTION 497 of Indian Penal Code - 22 A man commits the offence of adultery if he has sexual intercourse with the wife of another man without the consent or connivance of the husband. The object of this Section is to preserve the sanctity of the marriage. The society abhors marital infidelity. Therefore there is no good reason for not meeting out similar treatment to wife who has sexual intercourse with a married man. The Malimath Committee therefore suggests that Section 497 I.P.C should be suitably amended to the effect that whosoever has sexual intercourse with the spouse of any other person is guilty of adultery.

Feminist provisions favouring women

This section 32(2) of DV act will empower women to punish men at her will. This is very dangerous for innocent men. As it is in the Divorce, alimony, rape, and dowry laws are already in favour of women. This law will not allow men to escape from the clutches of women who would lodge false complaint. All she has to do is, go to police station and shed some crocodile tears. Thats all, and husband will be full time member of jail at no cost; SORRY tax payers cost.23 An adulterous woman can abuse her husband or in-laws and threaten them of false domestic violence but she cannot be thrown out of the house as per the Act. This is open license to women to harass innocent men. She could even bring her lover to the house and the husband or in-laws cant do anything or stop her. Even husband has no right if she has sex in front of her husband, may file case for stopping her from enjoying, and is harassment for her.24 When husband Stop wifes lover entering his home, he can file complaint in behalf of his lover.25 Preventing ones wife from taking up a job or forcing her to leave job are also under the purview of the Act. Only solution is to save Institute of Marriage and Family of India, we should ask all organisations not to appoint women at any cost. If a lover of man come home, his legally wedded wife can`t do anything she can`t kick her out. Husbands now take advantage of
22

Committee on reform of criminal justice system Government of India, Ministry of Home Affairs Report I March 2003 23 Section 32 (2) says that under the sole testimony of the aggrieved person, the court may conclude that an offence has been committed by the accused. 24 Ch. IV, S.17makes the right of residence a powerful tool in the womens hands whether or not she has any title in the household. 25 Ch.III, S4 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, social workers, relatives etc. can all take initiative on behalf of the victim

this bill? Its law against women not in her favour The Act will actually worsen the domestic problems leading to breakdown in marriages as women will be now encouraged to go to courts, without giving any chance to settle their differences The Act discourages women to rectify their mistake. The Act not only gives powers without taking any responsibilities to women but also takes away all the rights of men.26

Conclusion - Homes and relationships cannot be run by State terrorism and force. Money
cant make any one happy, otherwise, no one would have yearned for family and friends and children. Women cant both obtain relief and also retain relationships by taking recourse to these legislations, a fact that should be fully understood by one and all. The relationship between men and women is by heart and voluntary, otherwise, it results in prostitution. Only providing preventive measures is not enough on the part of legislature but with this it is the duty of legislature to take care of all laws which are heavily affecting the society otherwise society will become stagnant. The threat of false accusations and seeing his family behind bars can push anyone to the brink. Add to that the infidelity (well never know it was right or wrong) his future would have been destroyed. The so called accused person and his family would end up penniless, humiliated and socially destroyed. There are many lacunas in domestic violence act and all feminist laws which legislature should take care. As the offence of Domestic Violence should be made bailable, (to prevent innocent old parents, pregnant sisters, and school going children from languishing in custody for weeks about any fault of them) compoundable, (because once when FIR has been lodged it become impossible to withdraw the case even if wife realizes that she has done a blunder) arrest warrants, (should be issued only against the main accused).

26

Ch.I, S.2 (a ) another flaw in the Act is inclusion of live-in partners or any sexual partner

26

References The documents available at the website of Save Family Foundation, in particular, the Save Indian Family Foundation (SIFF). Committee on reform of criminal justice system Government of India, Ministry of Home Affairs Report I March 2003 Domestic Violence and protection of women, book by Justice A.S. Anand, Chief Justice Of India, 2004 ed. The reports forwarded by the Law Commission of India (Ministry of Law and Justice). [174th, 172nd, 216and 217th Reports] Other websites that express views by calling replies from the visitors such as www.dnaaindia.com, www.mensightmagazine.com etc. Essays, articles, circulars, orders, case briefs available on the internet. magazines such as Yojana, Outlook, India Today, Competition success Review, Pratiyogita Darpan, Womens Era, Political Quarterly Journal etc. Other references through law journals and Legal services websites. Websites 1) http://ipc498a.wordpress.com 2) http://mynation.net/ 3) http://savefamily.org/index.