Friday, June 28, 2013

The Abuse Of Gender Biased Laws In India




The filing of false cases against husbands/men by women are on the increase day by day. This is the direct outcome of gender biased laws framed in India such as the dowry law and the domestic violence act. Such laws have been crudely formed and is totally biased towards woman. What is appalling about these laws is that there is absolutely no redressal mechanism for the man even if heaven and earth knows that the man is innocent and the woman had filed such a case for devilish ulterior motives such as getting even for petty matters, extracting money, or even to have an extra marital affair.
Let us consider for a moment what situation can warrant such a legislation. Perhaps the following dramatized and hypothetical situation could best suit the situation. A village somewhere in interior part of India. The society is heavily patriarchial. The husband is a landlord and she is his nth wife. She cannot question any action of his. If questioned, she is mercilessly beaten. After such a beating  for having questioned him for bringing different woman to the house and having sex in front of her, she decides to report her physical torture and mental agony to the local police station. The poor defenceless woman while in the station is molested and no complaint is registered and she returns home….to further harassment and torture.
Perhaps laws such as dowry law and the Domestic violence Act in the current form (with no redressal mechanisms and you are guilty until proved innocent) may be justifiable in the situation dramatized above. Is this the condition of most of our women in society today. Are they so defenceless as the  story  described . In the metros are’nt woman having all the rights as equivalent or more than men, are’nt they earning well and are financially independent…?
In the hands of the majority of women today these laws are turning slowly into weapons of mass intimidation to the males and his relatives.
According to these legislations, the following is a list of women’s rights:
  1. the right to control and subjugate the male partner
  2. The right to publicly humiliate and physically abuse the male partner and his entire family
  3. The right to divest the male partner of all his money and property
  4. The right to send the male partner and his entire family to jail on her whims and fancies
  5. The right to force the male partner to be a slave to her family
  6. The right to kick out the male partner from HIS house at her will
  7. The right to commit adultery (and send the male partner to jail if he dares object)
  8. The right to kill an unborn child regardless of the male’s partner’s wishes
  9. The right to have all “rights” and no responsibilities
In Indian society from traditions handed over from generation after generation, the male has several responsibilities to be fulfilled in the family. He is the head of the family with responsibility to provide food, security and money to the family. His role is that of provider and protector. He has to shoulder heavy responsibilities in the family and naturally will need certain   powers and privileges to discharge his responsibilities. When certain problems arise in the family, the man will have to take moderating steps to rectify the same, sometimes against the like, wishes or whims of his wife. Any such action taken (even if it is for a very good intention) can be construed as constituting domestic violence as per the DV act. If the wife so desires, she can even restrain him from looking after his parents. Then how can he manage the family life entrusted to his care?. Hence several provisions in the DV act is directly harmful to the established family structure in India.
When this act was formulated, all good meaning people had welcomed the same, thinking that no  woman would go to such low extends and abuse a law which has been framed entirely for the good of womankind. We had always envisioned woman to be virtuous and righteous. Sadly, time has proved us wrong. Now the purported abuser has turned the abused Not only have even educated and woman in very high and responsible positions turned to abusing  these laws, some woman have gone to the extent that they have even falsely accused fathers of raping daughters and in one case the lady even went to the extent of saying that the daughter had given birth to a child by the father. When medical examination of the daughter was done, it came to light that the daughter had never conceived nor had ever given birth (such a case had happened in kerala, and reported heavily in the media. When finally it was proved that such a thing had never happened, sadly no action was taken against the false accuser i.e his wife). In most cases, these vindictive woman send to jail their husbands old (in some cases 90 year old) mother-in-laws and father-in-laws, brother-in-laws and sister-in-laws to either just get sadistic pleasure of getting even, or to usurp as much as money as possible from the husband or to simply spite the husband and his family.
This abuse  has reached a  point when parents (who know about these woman centric laws) are really thinking twice about marriage for their sons. It would be good if more and parents become sufficiently educated about these gender biased laws. Boys also need to be educated about these laws and should allow them the scope to decide about their marriage considering the fact how adversely these laws could affect them in leading a normal and life with dignity.
Sadly media is showing and discussing these issues in a lopsided manner. Universally, media is always with the weak and the oppressed. In this case, the media  have not realized or feigning not to recognize that man is the oppressed in these situations. Also, men in some TV discussions on related topics do not voice their views properly thinking that their view points would be construed as them not being  progressive and being incapable to fend for themselves and thought of as being weak and hen pecked. Many times, they sit as dimwits through the show and nod their heads to any and every atrocious comments (even to the comment of the NCW that alimony should be granted to wife even if the husband does not have payment capacity and even if wife is adulterous).
Here the working of the NCW is worth mentioning. An organization formulated solely for the upliftment of woman is slowly degenerating into an organization whose sole concern seem to be only to promulgate misandry. This hatred towards men can be seen in various sections of law being drawn up by the commission. Not only do these woman draw up laws to ‘uplift’ or protect woman, they in the process try every gimmick to see that sections are added so that every man is denuded of almost all his rights and in the process forcing him to obey all of his wife’s  diktats. Notable among the recommendations are the following two:
  • It will henceforth become the “duty” of a man to provide maintenance to his wife and children irrespective of the fact if he has sufficient means.
  • Definition of a wife needs to be changed to include women who have lived with a man in a relation of marriage.
How stupid and in some view malicious is the intentions. How can a man pay alimony when he does not have sufficient funds to do so. Should he sell his body or should he go for prostitution. The second recommendation is even more evil. By this, the NCW is giving a clean chit to woman to commit adultery without any fear – fear of the law or any kind of action by the poor husband. The NCW is duping people  by fudging data on the number of complaints, the number of registered crime against woman etc etc in order to get popular support to aid them draft and implement these draconian laws.
Over the centuries man has contributed heavily in all spheres of life to take mankind to where it is today. Even today, man as head of family does the most dangerous and taxing jobs for the family. But feminists organizations are working overtime to see that these efforts are not recognized in society by highlighting certain shortcomings especially in the sexual front for men and choosing to ignore or trivializing their massive contributions. They conveniently brush aside the fact that men on a regular basis are ready to lay down even their lives for their families especially for the female members of the family when any danger accosts them. Today  more and more married men are succumbing to pressures and fears and committing suicide since they cannot face the ignominy of going to jail and facing society afterwards – for no fault of theirs.
Time has finally come when men and right thinking women  realise that unless they fight these draconian laws the next generation will not see the family as it is today. These laws, especially the anti dowry law and the DV act should be at the very least be modified that if any  accusation is proved to be false and purposely done to harm the accused, then the accuser should get punishment atleast to the extent  of the accused  crime. For instance, if a person accuses being raped by another and her/his accusation is found to be false and of malicious intent, then she/he should be jailed for the same number of years as of a person convicted of rape abuse.  Only if such redressal mechanisms are in place will society see  laws being executed in a  gender neutral manner upholding the dignity of  every individual in the process.