Domestic violence act

The problem is this.

The Union Govt as well as the Law Ministry pass bills and make Acts and they have not formed a Department under it to know the flaws in the Law and not even state wide monitory committee to get the feed back of the Acts coming into force.

Only after the recommendations of the Judiciary  and after decisions made in several judgments, the Law Ministry decides to make an amendment

Eg : Section 2q of the Act -As per the section, no female can be a respondent, then what is the remedy for the girl suffering at the hands of mother in law and sister in law - who are harrasing the girl for some other reason except demanding dowry?

Now judgments are in favour of the woman to add mother in laws as respondent. But till date no amendment made by the ministry

Dear learned Members, Review of this law for its effective implementation is a happy sign and a welcome measures. However, in State like Nagaland where Article 371-A govern this subjects and as per Clauses (3) of Section 1 of the Act the Act will come into force on such date as the Central government may by notification in the Official Gazzete appoint. As a result Naga women are not aware of this gender based law that protects them. It is nice to know that there was State ministers and secretaries Conference in June 2010 and it is their responsibilities to propagate this Acts in the state which is lacking and Nagaland state women Commission is yet to take up this issues with the concerned authority in the State. As far as domestic violence against women is concern, Naga women are worst hit by domestic violence as the concept of cruelty is unknown to naga women who are under the misconception that they have to suffered the onslaught of all kinds of violence as a customary practices, indeed a very sordid scenario prevails in the State, like the plight of women in south Africa.

Respected Sh. Assumi Sir,

Kindly review below eNews of Jammu n Kashmir and may be made simialr inroads in Seveen Sisters too

https://www.risingkashmir.com/?option=com_content&task=view&id=20865

and Sir, I didnot understand what you actually mean and I quote from your voice "As far as domestic violence against women is concern, Naga women are worst hit by domestic violence as the concept of cruelty is unknown to naga women who are under the misconception that they have to suffered the onslaught of all kinds of violence as a customary practices" .

Sir, to me above quote looks like that the "Naga women are not hit by Domestic Violence as general misconception there due to customery practice and concept of cruelty is unknown to them." If this is general view among women there that concept of cruelty is unknown to them then why bring in such gender Law in the first place to Seven Sistrers !

All above are general discussion n not going deep into the subject vis -a- vis J& K n Seven Sisters current ststus on gender laws n just curious to understand great minds say that is all.

Rgds.

I also want to add :-

1. How rational is the unfair treatment of Men on the basis of various prejudices like India is a male dominating society, woman is a weaker s*x, women is oppressed by Men for centuries and that Man cannot be a victim?

2. With more than billion people, the Republic of India is the world’s largest democracy. The Democracy – is accepted world wide as best model of governance with equality and freedom have been identified as it’s important characteristics since ancient times. These principles are reflected in all citizens being equal before the law and having equal access to power. India’s population is nearly four times that of the United States.

3. There was a time when the role of women in India was confined to home & household work only but with decades of sole thrust on women empowerment, the women in today’s India enjoying equal rights and opportunities in each and every field and in modern India, women have adorned high offices in India including that of the President, Prime minister, Speaker of the Lok Sabha, Chief Minister etc. Women in India now participate in all activities such as education, politics, sports, media, art & culture, service sectors, science and technology, etc and turns out glorious. Indira Gandhi, who served as Prime Minister of India for an aggregate period of fifteen years is the world’s longest serving woman Prime Minister. So, today’s Women of India especially Urban India can not be in any way assumed to be underprivileged in any sense, be it education, social, political, economical, workforce etc., instead, this section of women is mainly responsible for tarnishing the image of women in society by mis-use of women centric laws.

4. Under the mask of being feminist these are urban women who for the sake of money, power & ulterior motives keep on re-iterating & perpetuating the myths that :

a) India is a male dominating society.

There is nothing special done or legally enacted for Men ever, however, on the other side Women has  over the decades special legislations for women, upliftment schemes, monetary & social support, reservation etc. and even then if one believes India is a male dominating society then that male really deserves to be dominating.

b) Woman is a weaker s*x

Woman is not a weaker s*x but the mind that thinks so is weak. 

c) Women is oppressed by Men for centuries

The wisdom of punishing present generation for the deeds of their fore- generations is beyond the scope of any rational & logical reasoning.

d) Man cannot be a victim

Man is not a superhuman. Today’s empowered women and various gender biased laws enforced in her favour is a deadly combination to turn Man into a victim. It’s the propaganda, hue & cry by the feminists that have kept these myths still alive in India and even after having the drastic change in the status of women in India (where Kalpana Chawla and Sunita Williams visited space), these urban feminists are still not ready to leave these myths as they treat these myths as “golden words’ for them to justify any irrational and illogical argument of theirs. They are well aware that till the time they are successful in perpetuating these myths in the minds of Indians they can justify any gender biased legislation or undue favour for women.

5. Beating the same old drums for decades with negating any positive change in the status of Indian women surely reflects the bankruptcy of issues with feminists & their unwanted existence alongwith their conservative and regressive thinking. Surely, feminists in India are left with only negative mindset about any progressive gender issues which usually got projected very well now a days in any discussion, debate, meeting or statements in which they participate and uses these myths for their skin saving. Realizing the importance of diminishing womanhood by the negative activism of these feminists, even women of India  now shirks linking their cause with these feminists and the day is not far when these feminists will be forced to return to their cocoons by Indian society.

Think on GENDER EQUITY - Think on lines of SPOUSE not wife/women - Think on lines of PERSON not husband/man - Think is there any ONE LAW FOR INDIAN HUSBAND / FOR INDIAN MAN
Rgds.

@ Sh. Ganesen,

1. Quoting from your views - "Section 2q of the Act  - As per the section, no female can be a respondent"

I want to say here that there are far more judgments pan India from various Hon'ble HC's including Hon'ble SC which say women (MIL / SIL) can't be Respondent such as a recent one of Mr. Justice S.N. Dhingra in Re https://indiankanoon.org/doc/234540/ (Harbans Lal Malik Vs Payal Malik DOJ: 29-07-2010)

2. Quoting - "what is the remedy for the girl suffering at the hands of mother in law and sister in law - who are harrasing the girl for some other reason except demanding dowry?"

498a is currently decreasing only in the major cities, where there is more legal awarness and lawyers know that filing DV is more beneficial than 498a, as the wife gets easy money with zero evidence and can pay lawyers fees with that easy money.

The main problem in 498a was that the State was fighting on behalf of wife and thus she did NOT require a lawyer. So though the hubby's parents were getting arrested, the wife's lawyer was not getting any immediate money and would get paid only if there is a settlement (divorce), which would take years, if the hubby decided to fight back.

So DV was created by women's lawyers lobby, so that the wife's lawyer gets immediate money. As usual no evidence is required in this DV, as the lawyers lobby know very well that the wife would be lying in such cases and would obviously have no evidence with her. And no one is interested if the girl
really gets any relief or was really beaten up. Everybody is only running after the hubby's money.

It is basically the very same money game as in SHWB (Sexual Harassment at Workplace Bill), which was also created by women's lawyers lobby, which talks of money and settlement for Sexual Harrassment with NO punishment. Which means pinching a urban or wurual women's back is worth only Rs. 10 K so to speak as per same women lawyers lobby and any man who can afford 10 k can keep on pinching any women's bum so to speak what fun that would be if this Bill gets enacted Sir !After all, if a man s*xually harrasses a women and then gets punished, there would be no economic incentive for the girl's lawyer. It would then create a very similar situation like 498a, where no one from the girl's side earns any immediate money. The girl's lawyer/NGOs would have earned a big zero if SHWB has a provision of punishment. So they have kept the provision of settlement and payment of money, instead of punishment in SH (s*xual Harassment) cases.

Now coming to the All India 498a rates (stats from NCRB records).

The all India 498a rates have also decreased, though not as dramatically as in big cities like Delhi (or in places where there is more legal awarness).

Year 498a cases Rate of Increase

2005 58319
2006 63128 8.2%
2007 75930 20.3%
2008 81344 7.1%

So the rate of increase for 498a has decreased from 20.3% to 7.1%

I will put the stats of how DV is INCREASING RAPIDLY in major cities like Delhi in a seperate mail very soon.

Let us be socially responsible and project picture for both sides for readers to pick the right picture and not one sided views to cloud judgment.

Rgds.

In my vie the DV Act gives more benefits to the Woman as it gives Court to decide for maintenance also. In the absence of providing maintenance, the Court has powers to arrest or forfeit the property of the accused.

The Court also have to decide the DV Complaints within  6 months from the date of the petition. Hence woman want to file DV Complaints rather than DP Complaint