Why does the Indian Government formulate wrong laws?

EVEN MP'S ARE NOT RESPONSIBLE AS THEIR INTELLIGENCE LEVEL IS LIMITED . REMINDS OF

AS  Jesus said, "Father forgive them, for they know not what they do".

CLAP! CLAP!

Right sunil,

The purpose itself was largely monetary gains it seems (to wife and so many other people in the system - we know who they are) .... It has lead to severe social unrest in only one section of the society i.e. families of husbands who are falsely implicated into these. Unfortunately because they become a paying party in this process, no one is concerned about their state as if they were BORN to PAY just because they are CAPABLE ....

The consequence will be very bad, let them enjoy for 3-4 years more and then the society will suffer due to these laws. While right now only hubbies and their families are suffering, there will be a time when there will be no hubbies and no PAYING PARTY. What will they get when men stop marrying ?

Very good Write-up Mr. Sunil!

I totally agree with Arup ji that these laws are just pro-WIVES and not pro-women. I am an innocent female myself and hav suffered a lot in the hands of laws. Just bcoz I am not a wife, I have no rights at all inspite of being a woman.

Hav you heard of any helpless unmarried sister getting reliefs from these laws?....Though DVA allows this technically, this is practically not followed.

They hav no heart for hubbies, their fathers, their moms and sisters; they all are only concerned about errant WIVES who are ready to pay them unlimited amounts of money just to win a false case (that too with the hubby's money) and satisfy their EGO.

Even most of the legal representatives show as if they hav lots of sympathy for a wife, as wives are ASSUMED to b helpless and needy; why do they fail to see condition of old "mothers" who are first abused in their own house by their daughter-in-laws and then arrested on the false allegations of same DILs.

There are lots of questions and the fight is endless, yet we are trying to fight back and doing our bit!...

Dr Ramaniji,

Those militant females need not come here. They are getting much more than what they deserve. If you have seen their conversations, they are usually arguing about "who gets more" and defending their stands on why they should be geeting more than other wives.

More than that, if some women do not CHOOSE to misuse laws and does not extort money from the hubby, the greedy women taunt on them saying "if your sister does not want to fight for her rights, its her problem". They are proud of this drama as the system itself is supporting them. You will find them taunting on others and saying "you deserve what you got from courts" just because they got some money through these laws. This over confidence will end someday jab inke paap ka ghada bharega ... may be tilll then some like us would be killed by the system but even after that, the way every action has a reaction, they will ultimately suffer.

because of patriarchy

Dear All,

I have certain suggestions to preserve families and to save them by amending section 498A of IPC and other related laws:

• No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.

• No maintenance and alimony in the 2nd marriage if she has got it in the first divorce.

• No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.

• Compulsory mediation for avoiding long legal battle.

• Law should be such that both husband and wife try to reconcile .

• Law should not be favoring anyone to ensure that marriages are saved.

• Domestic violence complaint / FIR should be entertained by Police within 24 hours of alleged incidence only in place of today's situation in which wife and her parents try to black mail the husband and his family to agree to their terms and if they do not agree then they file case even after many years.

• DV Act must be applicable equally to men and women as today women is more aggressive and ill-treat, abuse, beat husbands and in-laws but the DV Act not applicable to them. It must cover wife's and their families to ensure equality and justice.

• Limits provided in the Act for filing mutual consent Divorce after 1 year separation, desertion of 2 year,3 years for IRBM etc. should be removed and it should be only 3 months so both can start their life’s afresh. When two persons can marry without any waiting period then there should be no waiting period for separation. •

The most important thing is to fix time limit for completion of hearing and disposal of case in any court say 6 months only. The cases must be tried on fast track basis. The infrastructure of the legislative system should be strenghthened and cases must be disposed off within 6 months.

• For filing cases some minimum requirement of proofs etc. must be there and it should not be like this that for any small small issue anybody can go and file the case.

• Specially for family matters pre-litigation mediation must be compulsory and the behavior/flexibility of each party in resolving the issue must be recorded and should be base of their case in future (if any).

• Pre-nuptial agreement should be made legal so husband and wife are aware before hand what they are going to get or loose if they part there ways and they should be allowed to take divorce on the terms mentioned in the agreement without going to court.

• MAXIMUM LIMIT OF MAINTENANCE AMOUNT BE FIXED IN THE ACT ITSELF TO STOP ITS MIS-USE

• Last but not the least THERE MUST BE STRICT PENAL PROVISIONS FOR PETITIONER AND ADVOCATES FOR FILING FALSE CASES.IT WILL REDUCE LARGE NUMBER OF FALSE CASES. AS PER STATATICS 95% DOWRY/ DOMESTIC VIOLANCE CASES ARE FALSE.ONCE JUDGES START PUNISHING THOSE INVOLVED IN SUCH CASES THERE WILL BE SEA CHANGE.

THIS CAN ONLY ACHIEVED IF IN ADDITION TO INTERACTION ON THIS OR ANY OTHER FORUM ALL CONCERNED KEEP ON SENDING SMS,EMAIL,LETTERS ETC. TO PERSONS WHO MATTER LIKE PRESIDENT,PRIME MINISTER,LAW MINISTER,SPEAKERS,CABINET SECRETARY,HEADS OF DIFFERNT POLITICAL PARTIES ETC.ETC.

Thanks and all the best

Very good suggestions Bhaskar ji.... Kindly post the same in the below thread too so that all victims can reach to your ideas!

https://www.lawyersclubindia.com/forum/Re-Suggestions-for-uprooting-the-evil-of-law-misuse-38046.asp

Dear Sunil,

you article does make sense. i must appreciate your efforts.

In India,though Law is Blind  yet it can sense the gender, cast, religion even sometimes regions and other such details at the time of delivering verdict. I never heard a lady got punishment of "Hang till death".

No matter what constitution says, the governemtn is biased and does partiality with the citizens, I do not understand the logic of "Reservation" does the logic is to help poors to uplift themselves or to take revenge from people in "General" Cat. If poverty is the logic then why not ALL the POORS given reservation. Yasin Malik (a separatist from Kashmir) some times back in Ajmer refused to accept Indian flag and said this is not his country's Flag later on I heard someone from ruling party made statement he has right to express his views. Are these not contradictory statments and dipicts favouratisms.

Indian society is really pissed of with all this selfish political stunts. Political system in India needs Drastic overhaul.

VKDwivedi 

Mr. Bhaskar says        

Please send these good analysis to Chief Justice of India ,Prime Minister, Law Minister etc. for amending the laws and keep on sending reminder and then file RTI.They will definitely act on this

Mr. Arup says

 TO AVOID THE HIT OF ART 15(1) COI, GOVERNMENT OF INDIA CLEAVERLY USE THE WORD WOMAN INSTEAD OF WIFE

A CHERISHED LEGAL PRINCIPAL IS THAT

Mr.V. K. Dwivedi: says

No matter what constitution says, the government is biased and does partiality with the citizens,

All say that laws with gender bias are unconstitutional. But as early as in 1954, just 4 years after the adoption of the Constitution, the Supreme Court held that [AIR, 1954, SC 321 Yusuf Abdul Aziz vs. the State of Bombay] the 19^th Century pro-woman law IPC-Sec 497 was justified under Article 15(3) of the Constitution. The wrong laws listed by Mr. Sunil were yet to come. SC under Criminal Appeal No.271 of 2011, Sou Sandhya Manoj Wankhede vs. Manoj Bhimrao Wankhede and Ors has relied on the 1954 judgement to hold that IPC – Sec 498A and the Domestic Violence Act, 2005. When the Apex court has ruled that the wrong laws are Constitutional, what can Sunils and their like do, except attract Contempt of Court proceedings against themselves? Article 15(3) justifies special provisions for women and children. Are the special provisions intended under the civil laws or under criminal laws also?

 Mahakavi Kalidasa says:

स्त्रीणां अशिक्षितपटुत्ववमानुषीसु संदृश्यते किमुतया प्रतिभोधवद्या   

The untaught adeptness of women [to deceive men] is found even among animals. He refers to the cuckoo bird which lays eggs in crow’s nest and thus makes the crow bring up her children.

Dear  All,

These greedy wifes will only realise when someone from their family becomes victim of these laws.

We can take one pledge that  no one from us and our near and dears will marry in the family where divorcee lady is there.

THANKS

Zimmerzapper is a student and might be quite young. I request him to enlighten us about the connection between patriarchy and wrong laws listed by Sunil.

@ Mr. Bhaskar:

For every vicious divorced woman, there will be an innocent divorced husband on the other side. Should he remarry? If so, whom?

pa·tri·arch·y

A system of society or government in which men hold the power and women are largely excluded from it.

A system of society or government in which the father or eldest male is head of the family and descent is traced through the male line.

it is a well know fact that fathers are partial towards daughters and mother are partial towards sons. a father can never see his son the way he sees his daughter(evolution has conditioned humans to view persons of same s*x differently than persons of opposite s*x), a father being a male has this understanding of general psychology of his gender, so when his son does something bad, he understand the motives, etc but if a daughter does the same thing his psychology fails him as he would think since she is a girl she would have done it by mistake or because of wrong understanding of the situation.(conditioning of evolution comes into play here) even if you look at our present laws, you'd realize that they are developed on the assumption that women cannot be criminals and don't have feelings of ownership on men, etc. it would be different in a matriarchal society, because females know the dirty minds they have and wouldn't be moved by tears etc, if you have watched debate on this on ndtv which came few years ago, all the female students contradicted and maintained that death penality must not be given to the rapist. if a wife has s*x with someother person it would only hurt the husband, and male members can relate to it as they have similar possesiveness on their wives, but a female can only have an intellectual understanding of the grief.

as i've always maintained because of traditional arragement of society women used to satisfy one set of emotions and men another set of emotions, feminists movement has managed to equalize this for women only. society never understood that men were kept in repressed vanity state. i cannot emphasize how important an emotional need it is, if it wasn't women wouldn't have taken that much interest in it. while women consolidate their superior vanity position they keep men in repressed vanity state. they are nothing more than female talibans using sophisticated methods to achieve the same results that talibans in afghanisthan achieve using primitive method. this is keeping men in an emotionally parched state because of which they are driven to commit crimes.

Oh! I repent now, why I asked this question about the connection between patriarchy and the wrong laws.

The treatise is too high brow. I do not understand a bit of what zimmerzapper says. If males love females and females love males why almost all the feminists in this forum are women? And why all male chauvinists are men?  Why women’s committees are headed by women? Probably all committee members are also women only. I came to know about a men’s organization to fight against atrocities by wives on husbands, after I started participating in this forum. Is it not very odd?

Actually all bodies, which look after the interests of womankind, should exclusively be of men only. And women should come to the rescue of husbands suffering atrocities at the hands of their wives.

 In Kerala, the Nayars follow matriarchy. Still the lot of their women is not any better than that of others who follow patriarchy.