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(Guest)

More than 40% of domestic violence victims are male, report

more than 40% of DV victims are males , in india metros we can proudly say eqaulity has been achieved and its 50-50 ratio

https://www.guardian.co.uk/society/2010/sep/05/men-victims-domestic-violence



Learning

 24 Replies


(Guest)

I am not surprized by this finding at all.

I am a victim. and I know at least  5 others.  When you come  for eat lunch  and your wife throws cooker and crokeries at your face and you start bleeding... Can I say this to be domestic violence.

Men try to keep such incidences  within wraps. - No wonder lawmakes assumes that since nothing is comming out in public domestic violence happens only against women.

I think 498A  is another tool given in hands of woman to put salt on  the wound.  In contemporary India, it has no place.   It should be repealed immedialtey or a similar provisions should be made for men too.

N.K.Assumi (Advocate)     06 September 2010

Supreme Court rightly termed it as Legal Terrorism.

Why supreme court calls 498a as "Legal Terrorism"?

25 reasons “Why IPC 498A is Anti-Social?”

1 It is handled under the Criminal law for marriage related matters and not under Civil Laws.

2 Non-bailable warrant does not require proof before arrest. No investigation necessary. This exposes the vulnerability of the accused taking away their basic human rights.

3 Even those who were not part of the 'day-to-day' family life could be named and arrested on one complaint, which can also include pregnant women and children.

4 Accused is presumed guilty until proven innocent. No where in the world it is so.

5 Gifts are sometimes misunderstood as dowry. Who decides that the gift exchanged were 'gifts or dowry'?

6 It is non-compoundable which means that the complaint can’t be taken back that hinders any scope of reconciliation between the couple.

7 After a man is accused of 498A, he will not take his wife back later.

8 Old parents who lived with dignity and respect have to live with the stigma of harassing their daughter-in-law for the rest of their lives.

9 Groom’s relatives don’t find a suitable bride after they are accused under 498A

10 Most of the cases are filed because the husband refuses to throw his parents out of the house at the wife’s demands.

11 Husband’s job is at risk when he is accused under 498A who could even be the only breadwinner of the family.

12 The health of the old parents dangerously deteriorates after they are arrested in a 498A case.

13 Some even commit suicide for not able to withstand the depression and frustration of been falsely accused.

14 Old parents after 498a case become very apprehensive and advice their son not to marry again.

15 The family ends up paying a very high price to settle the case, the money that was saved for the parent’s health.

16 Most often the lawyers tend to take the family for a ride to extract as much money as possible.

17 The possibility of a woman over-reacting on a trivial matter in the family is never considered as a reason of complaint.

18 A woman tries to get divorce proceedings faster by filing a 498a case even if no dowry was demanded.

19 The witnesses (neighbors) tend to support the woman for not getting into a police case. They even fear of been accused by the woman if they don’t support the woman.

20 Some women marries an NRI and slaps a 498A case only to extort large sum of money

21 Even after knowing that the complaint can be false, police tend to support the woman and asks the man to settle the case with a financial compensation.

22 The case can easily linger in the court for years and only the groom’s family has to pay the price.

23 498A case can be filed even after the divorce, which only means that the accuser wants to demand money legally apart from maintenance.

24 There is no prohibition clause in the 498A law that would stop women to misuse it.

25 It is nearly impossible to file a case of defamation on the accuser because the police will not register the case and it would be hard to prove it.

Note :The existence of dowry deaths in the rural areas is not the reason for lenient laws as understood by women organizations. The law is already unfair, biased and inapplicable. The true reason for dowry deaths in rural areas is poverty and under-developed civilization. Dowry deaths still flourishing in the rural areas and misuse of 498a law is flourishing in the urban areas. Unwillingness of the women’s organization to alter the law so that misuse of law can be stopped is evident. On the contrary, women organizations are planning to strengthen and increase the severity of the 498a law to curb dowry death, which is absolutely preposterous. One must not forget that the chunk of the GDP comes from the urban cities where these laws are prevalently misused. If the misuse of laws still continues then the social infrastructure will collapse which will have a direct unfavorable impact on the country’s economy. If the law can’t curb dowry deaths, can’t even stop misuse, then what is the use of such a law that causes millions of people to suffer ?

 

1 Like

Mahesh V.P. (Advocate)     06 September 2010

This statement is based on study conducted in UK, It will be interesting if such study is conducted in India.


(Guest)

these legal terrorists are being trained here on LCI itself.

police can arrest u directly , here i wud like to differ :

in case they do so there was a post on LCI yesterday , it can even lead to dismissal of police officer doing so irresponsinbly.

definitely things have changed a liitle bit after supreme court terming it as legal terrorism.


(Guest)

Mr Prabhakar,

I like your suggestion.

As per your suggestion, current 498A  should not be applicable to couples not living in in laws house.  Since it is not in laws house.That would be great ... 90% of proffesional does not live with their parents

Ha Ha ha......................  You are caught in your own web.  


(Guest)

A slight reordering of sentences

 

Mr Prabhakar,

 

I like your suggestion.

 

As per your suggestion, current 498A  should not be applicable to couples not living in parental home. If living in parental home is applicability critieria ... current 498a would not be applicable to - majority of professionals  .... Since 90% professionals live away from their parents  in another  city.  Or may be better, thinking on your thought lines,  498A should be applicable in time buckets... it should be applicable in time bucket when couple is living  with their in laws in the parental home and should not be  when they are not.  You can further refine  it... like 498A should be applicable when couple is living with in laws( boy side) in in laws house( boy  side). 498B shouls be applicable  when  couple is living with in laws( girl side side) in  'In laws' house ( girl side)

 

What will happen when couple is living with one in laws( lets say boy side) in another in laws( lets say girl side) house.  I am getting so many permutation and combinations in mind.....  :)

 

Ha Ha ha......................  You are caught in your own web.


(Guest)

Prabhakar

 

You wrote

 

'Let him resort to "false 498-B", pour kerosene on himself and let the "false 304-C" be filed against the wife and in-laws.   

 

So now you are agreeing that currently 498A is invoked by pouring kersone by girls and then 304-B is filled against husband and in laws.

 

Man you finally admitted what is currently being done in 498A and 304. 

 

You made my day.


(Guest)

And

 

YES  I ACEEPT  YOUR ADVICE. You are on board now.

 

But you need to clarify what law should be applicable for the scenario.

 

I back you  MAN, that men should controbute in household work. by half ... likewise woman should ensure that she earns half of the family income........ :)

 

But again question is what should be done if she is not able to do her quota of work ...  that is she is not able to earn half  the income....  shall we propose may be woman activist should contribute ?... or may be you can gaurantee with your income.


(Guest)

ha ha Mr Prabhakar

"so called" ha ha decorative or primitive and or suggestive  .............


1. Just tell readers what are the "responsibilites and duties of a wife" ? Infact we the readers would love a take like your other three part series on 498a on rights and responsibilities of a wife in India.....so when should we the readers expect this article ?


2. Till date dig out all the 498a Complaints you have helped your client getting filed...... you yourself will admitt that there is no sentence from each complaint where your client has stated that "these are the responsibilities / duties I did for my husband" BUT he is bl**dy devil........did you find one sentence in any of your own complaints nahi na Had your client(s) stated so then there was no need to file 498a that means !

 

3. A errant wife's plight is self created had she performed duties and responsibilities in her matrimonial home instead of "eyeing" only on her "rights" there is no need for part II of 498a / 302 / 304 and so on so forth Mr Prabhakar.



Okies that shows Mr Prabhakar you too have a heart but your profession overshadows your public postings which should be infact fluid i.e. "politically correct"


ha ha that is a good dig Avinash now nothing personal Mr. Prabhakar


(Guest)

Since you agree that

 

 'currently 498A is invoked by pouring kersone by girls and then 304-B is filled against husband and in laws'

 

You need to take  answer clarifying questions I asked ... You can take your time. Since you suggested to put a rider.. you need to clarify how law should be applicable in the scenarios I outlined.

 

In my suggestion there is no need  for a rider.

Be a man... and own what you said.


(Guest)

finally tutors agreed that some legal terrorists were tutored. tutors   have a heart  but professional complusions are overwhelming.

given a chance they will even love to train false 498b men also . profession/ business is supreme after all.

baap bada na bhayya sabse bada rupayya.


(Guest)

From "rights" and "responsibilities" of  spouses "ACTS" in a criminal or civil suit is infrenced upon correct me now

 


(Guest)

prabhakar sir, if i had plenty of time i wud have accepted your so called challenge. also wat i m expert in u cant do, same is there for legal profession. court aapka ghar hai. definitely wud call u wenever i visit delhi next.
 


(Guest)

Prabhakar,

So you don't have guts to explain how your suggestion is gona  work.  Mental faculty is required to do that

 

Human being  have mental faculty.  It seems you  are devoid of any such mental faculty.  Are you still claiming you are  human.?..... or to ask in a right way do you still think you are  a  healthy human?


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