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(Guest)

No safety for men/misuse of sct 498a, domestic vilence act,

Hello Sir, 
Good Morning,
Once again i am back with a query.

To start with till date we have the laws safeguarding only women and not men. Though i am a women i still wanted to know few things, because in my daily life i have been seeing so many cases were women are misusing the laws such as Sec 498 A, Domestic Violence Act and etc. And even few learned counsels are even helping them out in such issues instead of counselling them. 

For Example. One of My cousin has got married in the year 2009 and its a Love marriage. The girl's parents has not agreed for the same and my cousins parents has accepted for the marriage. And bot got married in Arya Samaj with the consent of my cousins parents. Till 2 years of Marriage his wife was good with every one in the family but in the year 2011 she started behaving very differently, she stopped carring about her husband, she doest even cared for her in -laws too. She started visitng her parents house, and she completely left her husband alone and due to her behaviour he got addicted to alcohl and one of his colleague got closer to him and he shared everything with her and she stood as a support to him. 

Now my cousin wants to marry the girl who stood as support in all his bad times. For that he need to divorce his wife, but now he is scared because of these laws which support only, since if she files a case in return under 498 a which is a non-bailable, then he shall loose his career, but at the same time he is not even ready to be with her, because he and we all family member tried to explain her and counsel, but she is not ready and she is threatening us that she will file the court and see that her husband is behind the bars.


In this way women are misusing the laws which are meant to safeguard the rights, but few are taking a lot of advantage and misusing. Whem men have not done any wrong then why they should suffer does law do not protect the the men? when article 14 says right to equality then why men only are trigered in such cases why they are only loosing their career, there are many more cases were passports of few men were ceased due to mis utilization of the laws by women and who lost their career. So many HRCs fight for women what about innocent men?



Learning

 3 Replies

satish bhaskar (Litigant)     19 May 2014

these laws are made in parliament. till it changes them, things will remain as they are. there are enough legal counsel that support men and their families in a court of law. the rate of conviction is very low. so the counsels are doing a good defense job in court. as court procedures are slow, patience and courage are required.

stanley (Freedom)     19 May 2014

It is now wide spread that India is country of gender Biased Laws especially when it comes to matrimonial matters. Any matrimonial dispute in India is now seen as a criminal offence and the courts & police has been allowed to peep into the bedroom of couple & family by the Government of India. The argument put forth by Government or judiciary for creating this gender imbalance in country, is that Constitution of India allows special provisions for special category. Yes, it is true but what about enacting special provisions for special category by oppressing other category’s basic & fundamental rights?, definitely it was not the spirit of our Constitution. Special provisions can be made for a special category in society to uplift that category by providing economical, educational, social or infrastructural benefits, but to grant legal impunity or undue benefits to someone on account of being special category is surely defeats the purpose of justice itself and this is the trend that Indian Government is following.


In this process, the Government has put on stake the very basic unit of it’s society i.e. the family, which was once, the pride of belonging to an Indian society has now been turned into a sense of guilty(of being wife beater or dowry seeker) by enforcing more & more gender biased laws which Constitution of India never envisaged. It’s simply a power & vote bank game for Government alongwith getting easy foreign funding on concocted figures and stats. This appeasement of a section of society on gender base by turning blind eye to the other section which as a result gets oppressed has created a dangerous imbalance in gender equality in nation. The Government in this regard, has forgotten that with any individual of a particular gender there are many others connected /dependents of opposite gender. So, covering one in special category to provide undue benefit automatically makes many others discarded of same gender.


The Government of India, under the pressure of radical feminists and to secure vote bank has over the years evolved many legal tools to oppress husbands/males in India. These legal tools are not only drafted & enacted clumsily & skewed eyed but are also responsible for promoting & propagating such social evils which were never being the part of Indian society. These enactments has given legal licences to the unscrupulous elements in society to play with judicial system & laws. Here are some legal tools in the hands of unscrupulous women which are on rampant cruel use in Indian society:


IPC 498a(Legal tool to extort, abuse & harass husband, in-laws, their whole family and any near & dear ones)


Domestic Violence Act(Civil cum criminal tool to enjoy all rights despite of being erroneous)


CrPC 125(tool for monetary support to keep the husband busy in Courts)


IPC 497( legal tool to enjoy adultery yet to take revange from Man)


HMA 24(another tool to remain idle on husband’s money )


Alimony(tool to make monetary arrangement to lead lavish & Care-free life)


Here it is to be realized that the Constitution of India assures its citizens of justice, equality, and liberty and to promote among them all fraternity and It lays down the framework defining fundamental political principles, establishing the structure, procedures, powers and duties, of the government and spells out the fundamental rights, directive principles and duties of citizens. But Indian Governments rather than discharging its duties of tackling social & other problems through its machinery & resources is seems to be panelizing & oppressing one section of society on gender base by entangling and throwing all &every responsibility/blame on that section . The end result is that India no more can be called a “Welfare State”. These laws( legal tools) has made India a nation where Innocents are suffering and are crying for justice but judiciary is tossing onus on legislations and both are passing it to the Constitution of India, forgetting that Constitution of India has not given authority to anyone to oppress more than 50% (male) population of the society for the sake of pseudo women empowerment or women upliftment.


Now, India has reached at a stage, where the Government & judiciary should stop making excuse of Constitution of India and should realize their duty of safeguarding the true spirit of Constitution of India in order to prevent further public unrest or Jungle Raj.

Adv k . mahesh (advocate)     19 May 2014

at the time of introducing the section it was men who had more interested to introduced the same section and passed it and the winners are at women who struggle for there freedom on harassing they once loved life partner.

I had seen some cases and fought also but one thing i want to ask every where we blame women say in your case the women is wrong but at what instance it made her to take such drastic step the lady who is very happy with his husband and his family and suddenly when she went to her parents whole picture was changed towards husband and his family 

make a meeting with all family heads even if possible take some close relatives of that lady and discuss before it goes from your hands.


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