Why does the Indian Government formulate wrong laws? by
Tall Male on May 17, 2011 09:25 PM | Hide replies | Hide message
Before going into the reasons as to why does the Indian Government do so, let us have a look as to what exactly do we mean by “Wrong Laws”? The following 2 criteria are very important to be considered while formulating any law:-
Laws are meant to restrain citizens from committing crimes and harming other people without getting punished. Laws must apply equally to all citizens and discrimination of citizens in the eyes of law on any basis in not only unconstitutional but also inhuman in nature. Any law that does not adhere to any of the above criteria, then it’s a Wrong Law. Also, specific to India, even the Constitution of India does not permit discrimination of citizens in the eyes of law on the basis of sex, caste or religion (Article 14). Yet, the Indian Governments, over the past several decades of India’s independence, have always conceptualized, formulated and implemented wrong laws, that are anti-male and gender biased in nature. And, still more being in pipeline, these laws are heavily loathed against men that not only violate their basic fundamental rights and human rights, but also go all the way to inflict terror onto them legally.
Some of the examples of these wrong anti-male laws are:
Section 498A of the Indian Penal Code (498A). The Protection of Women from Domestic Violence Act (PWDVA). Section 125 of the Criminal Procedure Code (CrPC) (125 CrPC). A detailed description of all such wrong anti-male laws
Re: Why does the Indian Government formulate wrong laws?
by Tall Male on May 17, 2011 09:27 PM
is available at Gender Arsenal. [google it]
We will see what each of the above law has to say,
Section 498A: Husband or relative of husband of a woman subjecting her to cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Detailed description of the section is available here. PWDVA: This is a mammoth act, in itself, which contains numerous anti-male provisions which can imprison a man, rob him off his finances (under the cute name of maintenance) or throw him out of his own house in a legitimate manner (under the cute name of “Right to Residence”) merely on a complaint by any woman claiming to have lived with the man under a roof. Detailed description of the act is available here. 125 CrPC: If any person leaving sufficient means neglects or refuses to maintain- His wife, unable to maintain herself, or His legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or His legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or His father or mother, unable to maintain himself or herself.
Re: Re: Why does the Indian Government formulate wrong laws?
by Tall Male on May 17, 2011 09:27 PM
A Magistrate of' the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rateas such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct. Detailed description of the section available here. All the above laws are based on the social presumptions that ubiquitously and stereotypically, under all circumstances,
It’s the woman who is the victim and it’s the man who is the aggressor. It’s the woman who never lies and it’s the man who is not trustworthy. It’s the woman who has suffered and it’s the man who has enjoyed. It’s the woman who needs justice and it’s the man who deserves punishment. It’s a woman and a man in a man’s world. These social presumptions are dangerous social time bombs and, when packaged in laws, they are simply “Weapons of Social Terror”. Men, the disposable gender they are, are the innocuous victims of these weapons of social terror.
Laws are a direct reflection of societal attitudes as the lawmakers, who conceive the laws, are part of the same society in which we thrive. They are born and brought up in the same society that considers men as the disposable and gives no thought in harboring anti-male attitudes a
Re: Re: Re: Why does the Indian Government formulate wrong laws?
by Tall Male on May 17, 2011 09:29 PM
nd in allowing anti-male legal provisions.
Let’s take the example of Section 498A, it says, “Husband or relative of husband of a woman subjecting her to cruelty”. It is a direct reflection of the attitude that only a husband is capable of inflicting cruelty on wife and only husband’s relatives inflict cruelty on the wife. It does not take into consideration the following two possibilities,
Wife capable of inflicting cruelty on husband, physically, emotionally, mentally, financially. Husband’s in-laws capable of inflicting cruelty on husband. Because, we have no section that is specifically in favor of husbands and when the Government is questioned about protection of men, the answer given is that “men have the whole of IPC.” But, the Government is conveniently ignoring a fact that the IPC applies to women as well. Then what is the need of a special law under Section 498A?
A clear example of misandry and male-disposability, as Section 498A is a proven weapon of terror that has resulted in millions of innocent men and their families being thrown behind the bars without trial or investigation, merely on the basis of a complaint.
Re: Re: Re: Re: Why does the Indian Government formulate wrong la
by Tall Male on May 17, 2011 09:30 PM
On one hand, we have a law called the TADA repealed because a few politicians feel that it can lead to wrong jailing of people and here, we have a law wherein, no less than 7.5 million innocent men have been jailed since its inception, merely on the basis of a complaint, without trial or investigation and the Government is still in doldrums, whether it should amend that law or make it stringent!
Such a behavior is clear evidence of unwarranted triumph of emotion over logic with an unbalanced tilt of power against humanity – again a reflection of pervert social attitudes.
Now, let us take the case of the PWDVA, referred to as the DV Act herein. However, before going into the DV Act, let’s take some real life examples of Domestic Violence on men by their wives.
Kitply, a leading manufacturer of plywood came up with an ad wherein the wife slaps the husband on their first night because the furniture was not made of kitply. ICICI Lombard came up with an ad concept wherein the wife calls the husband as an ‘IDIOT’ for not buying the ICICI Lombard insurance. Star Plus – the entertainment channel came up with the concept of a reality show in which husbands were supposed to take care of the household while their wives would go holidaying and would also monitor the husband. These are just some examples of socially accepted anti-male attitudes and unchallenged instances of domestic violence on men by their wives.
Re: Re: Re: Re: Re: Why does the Indian Government formulate wron
by Tall Male on May 17, 2011 09:31 PM
These ads and TV programs clearly depict as to how the society perceive violence against men. It’s pure entertainment for the society!
To add to this, I had challenged the show on Star Plus citing that it generates a feeling that while women are doing household work, men go holidaying; however, that’s not a reality as when a woman does household work, the man slogs to earn money, but the show is depicting something else. I had also written a letter to the Ministry of Information and Broadcasting that the show be banned; however the ministry replied that the show was not violating any guidelines. It simply means the guidelines are anti-male in nature and have yet gone unchallenged.
So, when the very society, from which the lawmakers come and whom the society elects as representatives, harbors a feeling that domestic violence against men is a source of entertainment, no wonder that the Government has come up with a law called the DV Act which is a legal source of inflicting violence on a man.
As per the DV Act, the remedy of any complaint of a wife against a husband is either acrimonious maintenance or a part of husband’s property, which is nothing but treatment of men as FREE ATM MACHINE.
The DV Act, though passed off as a civil law has terms like jail, bail, arrest in it and also follows the CrPC. This is another attempt by the Government of India to fool the citizens of India.
Totally wrong... there are more murders,underworld gang operations,kidnappings,pickpockets,housebreaking,money laundering,corruption,raping all done more by men atleast 1000 times more. Women are more responsible ctizens than men...
Re: mafia
by Tall Male on May 16, 2011 11:27 PM
The problem is that there are too many people like you in the media and the legislatures who think that women are all sati-savithris and sita devis who are morally superior to men.....so they DO NOT REPORT the crimes committed by women. The law makers make laws that are pro-women. That being, how can crimes committed by women come out in the open? So for the public, men are culprits and women are saints. Nobody sees why the stats is like that.
If the law can't hold the family responsible for the crimes (perticularly money related) done by an individual then crime can't be stoped. Take the case of Dawood, his family (read children) has no problems. They are in fact having great time because of the money earned by Dawood. If Dawood had not taken the criminal route then his family would have been poorer. Moral of the story: If you are ready to sacrifice your life for the sake of your family then criminal coute may not be a bad option.
Re: strange but true................
by PG on May 15, 2011 10:13 AM
If the law can't hold the family responsible for the crimes (particularly money related) done by an individual then crime can't be stoped. Take the case of Dawood, his family (read children) has no problems. They are in fact having great time because of the money earned by Dawood. If Dawood had not taken the criminal route then his family would have been poorer. Moral of the story: If you are ready to sacrifice your life for the sake of your family then criminal route may not be a bad option.
THE off-the-cuff remark set me thinking. In the course of an animated discussion a friend had retorted: "If men can be aggressive, can’t women too be subversive?" No, this was not any male chauvinist who had flung this declaration at a fuming feminist but a well-considered remark made by a psychologist who had counselled many couples over the years. As she elaborated on the ways and means that women too managed to "get their own back and how", a twinge of guilt surfaced at the many subversive ways one had, perhaps, resorted to.
To subvert implies to overturn the established order and undermine it from within. Perhaps, to counter the time-tested skills that men use to subjugate women, the latter resort to using guile, native wisdom, intuition and techniques of guerrilla warfare, instead of a head-long confrontation.
Why go far, if each of us peeps into our own life we can come across numerous instances where we neither fought fair nor stuck to rules. How many times have you resorted to guerrilla warfare and sniping in a fight or to push forward a point?
Re: If men can be aggressive, women can be subversive
by Tall Male on May 15, 2011 12:39 AM
A shrill and persistent woman who loves to keep a scoreboard of real and intended insults is not only a caricaturist’s delight but a living reality and not a rarity. Perhaps it is due to the fact that women’s brains are programmed to focus and dwell on details, seemingly inconsequential and irrelevant for men. While a man’s response might be of the more direct and in-your-face variety, focussing more on the solutions and less on who said what when and in which tone. Take the tendency of women to nag, something that takes men back to childhood days when mom told them not to do this or that.
The more they resist nagging, which it is said is the repetition of unpalatable truths, the more women tend to badger them. They seem hell-bent upon mothering a man by being prescriptive and doling out dos and donts. The transition from the starry-eyed bride to a battleaxe or a virago and a nag is so subtle that one does not even realise it. While harassment of women gets the headlines and bold print, it is equally tough to be a harassed man.
A man may not be an oil painting but he too is entitled to an ego as much as a woman is entitled to an identity of her own. There are no prizes for putting up with control freaks or nags but you can be a woman of substance and iron for overcoming a feudal lord.
You can use children as ammunition in the war of words and battle of wits and nurse grudges of the dinosaur variety but it is always he who does not
Re: If men can be aggressive, women can be subversive
by Tall Male on May 15, 2011 12:39 AM
A shrill and persistent woman who loves to keep a scoreboard of real and intended insults is not only a caricaturist’s delight but a living reality and not a rarity. Perhaps it is due to the fact that women’s brains are programmed to focus and dwell on details, seemingly inconsequential and irrelevant for men. While a man’s response might be of the more direct and in-your-face variety, focussing more on the solutions and less on who said what when and in which tone. Take the tendency of women to nag, something that takes men back to childhood days when mom told them not to do this or that.
The more they resist nagging, which it is said is the repetition of unpalatable truths, the more women tend to badger them. They seem hell-bent upon mothering a man by being prescriptive and doling out dos and donts. The transition from the starry-eyed bride to a battleaxe or a virago and a nag is so subtle that one does not even realise it. While harassment of women gets the headlines and bold print, it is equally tough to be a harassed man.
A man may not be an oil painting but he too is entitled to an ego as much as a woman is entitled to an identity of her own. There are no prizes for putting up with control freaks or nags but you can be a woman of substance and iron for overcoming a feudal lord.
You can use children as ammunition in the war of words and battle of wits and nurse grudges of the dinosaur variety but it is always he who does not
Re: If men can be aggressive, women can be subversive
by Tall Male on May 15, 2011 12:38 AM
A shrill and persistent woman who loves to keep a scoreboard of real and intended insults is not only a caricaturist’s delight but a living reality and not a rarity. Perhaps it is due to the fact that women’s brains are programmed to focus and dwell on details, seemingly inconsequential and irrelevant for men. While a man’s response might be of the more direct and in-your-face variety, focussing more on the solutions and less on who said what when and in which tone. Take the tendency of women to nag, something that takes men back to childhood days when mom told them not to do this or that.
The more they resist nagging, which it is said is the repetition of unpalatable truths, the more women tend to badger them. They seem hell-bent upon mothering a man by being prescriptive and doling out dos and donts. The transition from the starry-eyed bride to a battleaxe or a virago and a nag is so subtle that one does not even realise it. While harassment of women gets the headlines and bold print, it is equally tough to be a harassed man.
A man may not be an oil painting but he too is entitled to an ego as much as a woman is entitled to an identity of her own. There are no prizes for putting up with control freaks or nags but you can be a woman of substance and iron for overcoming a feudal lord.
You can use children as ammunition in the war of words and battle of wits and nurse grudges of the dinosaur variety but it is always he who does not
BBC personality has shattered her ex-boyfriend's life by falsely accusing him of rape. The woman, who has broadcast to television audiences of millions, accused him of raping her 40 times throughout their two-and-a-half-year relationship. He said: 'The lies she told have ruined my life. Yet, while I have lost out on jobs and been left paranoid and scared of women, she has got away without punishment. We're not even allowed to reveal her identity. Rape is a horrific crime, and there is no way I am capable of committing it. 'I don't care how successful she is, she should be sent to prison. Of course, the BBC doesn't know what she has done. But if they were to find out I would like to think they'd sack her.'
Open Letter to the Law Commission of India for amendment of Sect by
Tall Male on May 14, 2011 08:09 PM | Hide replies | Hide message
To Dr. Brahm A. Agrawal, Member Secretary LAW COMMISSION OF INDIA, 2nd Floor, The Indian Law Institute Building (Opp. to Supreme Court), Bhagwandas Road, New Delhi - 110 001.
Sub: Open Letter to the Law Commission of India about amendment of Section 498A
Respected Sir,
I would like to highlight certain perspectives about Section 498A which are very essential and crucial to be brought forth before we talk about any change in it.
Legal Perspective
Section 498A of the Indian Penal Code is a non-bailable, cognizable and non-compoundable offense introduced in the year 1983. As your paper already contains the definition and explanation of the same from the Government’s point of view, I am not going to elaborate on the same. Rather I am going to highlight the legal aspects of this section which have probably and unfortunately been overlooked by the Government, either during its formulation and/or its implementation.
Section 498A is an inter-gender and intra-gender biased piece of legislation having its own set in-built assumptions and presumptions. It starts with the onset that this law has been enacted to prevent “Cruelties against married women by their husbands and his relatives”. This assumption that only a “young wife” could be subjected to cruelty in marriage and only at the hands of husbands and relatives is a very dangerous one because it puts all husbands and all wives into a meme called
Re: Open Letter to the Law Commission of India for amendment of S
by Tall Male on May 14, 2011 08:09 PM
Has the Government of India ever conducted any study to validate the above assumption? Has the Government of India ever spent any amount of effort/budget to evaluate the nature of problems that occur in a marriage from a gender neutral perspective? Has the Government of India ever conducted single study about the problems faced by Indian men in general and Indian Husbands in particular? Has the Government of India ever allocated a single rupee towards the welfare of men in India? Is the Government of India aware of the fact that large scales of suicides are committed by men in India especially by married and separated men? If the answer to any of the above questions is not positive, than on what basis has the Government of India enacted a special anti-male and draconian provision to penalize innocent men and their families merely at the behest of an uninvestigated complaint fueled by stereotypical and perverted social mindsets?
That being said, in wake of the reality that the Indian Penal Code is already well-equipped with provisions to deal with crimes like murder, attempt to murder, abetment to suicide, culpable homicide not amounting to murder, blackmail, threatening, physical abuse, kidnapping, extortion, robbery, etc. etc. in a completely gender neutral manner, the introduction of Section 498A, that merely provides the facility of “Arrest on Demand” sans evidence, is a clear gender bias displayed by the Govt. of India against husbands.
Re: Re: Open Letter to the Law Commission of India for amendment
by Tall Male on May 14, 2011 08:10 PM
Social Perspective
Is the Government of India, by way of introduction of Section 498A and its reluctance to sanitize the law, trying to drive home the fact that until and unless women are provided with a law that does not question them and punishes men blindly, justice cannot be served to them?
The statements issued by the ministry of Women and Child Development Ministry about how Section 498A helps women negotiate in bad marriages clearly enunciates the real hidden agenda behind rallying for such laws. The so-called women’s rights activists do want a law which can be used as a tool to treat the husband as a FREE ATM MACHINE when the marriage does not work, or otherwise.
However, it is sad and unfortunate that the misandrists are allowed to have their way by way of state aided machinery aka the notorious Section 498A. Holding a man and his family under the imminent fear of arrest, blackmailing him into conceding before the demands of the wife, under the tool of fear created by a wrong law, is nothing short of “Legal Terrorism” as aptly pointed out by the Honorable Supreme Court of India.
Such state sponsored legal terrorism leads to disastrous social consequences by creating fringe groups who see no meaning in leading their lives as is corroborated by the suicide statistics mentioned in the next section.
Re: Re: Re: Open Letter to the Law Commission of India for amendm
by Tall Male on May 14, 2011 08:11 PM
The statement by the Women and Child Development Ministry that women go to the police station as a last resort is again a misleading gimmick as there have been innumerable instances brought to light either via media or via court judgments, wherein women have filed 498A for the flimsiest or silliest grounds, even for the husband incapable of buying a perfume worth Rs. 5000. When women can file false criminal cases leveling allegations as serious as attempt to murder and dowry harassment that can completely ruin the life of a man and his family whereas the truth is something else, there can absolutely be no reason to live under the assumption that a woman goes to a police station as a last resort and allow legal terrorism against husbands to continue unabated under Section 498A.
Section 498A is a legal means of criminalizing the institution of marriage and holds the husband as criminal whereas the marriage might have failed for any reason. It blindly assumes the statements given by the complainant wife as “GOSPEL TRUTH” and puts the burden of proof on the accused which is against the cardinal principles of natural justice and also violates the principle of Human Rights as prescribed by the Amnesty International which says that no individual is to be presumed “Guilty Until Proven Innocent”, however, Section 498A does exactly the same.
Re: Re: Re: Re: Open Letter to the Law Commission of India for am
by Tall Male on May 14, 2011 08:12 PM
Psychological Perspective
As we have seen above some of the very dangerous aspects of Section 498A legally and socially, it is pertinent to mention here that the notorious and draconian Section 498A has some serious negative psychological impact on the individuals on whom it is targeted especially husbands as is clearly evident from the suicide figures as published by the National Crime Records Bureau (NCRB) – a unit of the Union Home Ministry
A brief glance about the figures:
2005: 52483 married men vs. 28188 married women
2006: 55452 married men vs. 29869 married women
2007: 57593 married men vs. 30064 married women
2008: 57639 married men vs. 30224 married women
2009: 58192 married men vs. 31300 married women
Also as per the suicide figures, the rate of suicide is highest and growing amongst married/separated men – a clear indication of the dangers that the institution of marriage brings for men and the expectations that it brings along from them. Yet, the Govt. of India is not ready to recognize this abuse of men.
Re: Re: Re: Re: Re: Open Letter to the Law Commission of India fo
by Tall Male on May 14, 2011 08:12 PM
There have been numerous instances wherein; a mere mention (not even a direct threat) of Section 498A or its related terms like arrest, dowry case, etc. have led to either men resorting to commit suicide or kill their wives with the former being on a much higher scale and a few sporadic instances of husbands killing their wives being reported and the root cause of murder was a threat of a case under Section 498A like Amit Buddhiraja and Satheesh Gupta of Infosys – both of whom killed their wives after being threatened with a false case of Section 498A. Amit Buddhiraja committed suicide himself as well.
This is just the tip of iceberg but if the abuse of men and their families continues unabated, it will only lead to rise in suicide by husbands and spousal violence, which will be fueled by unconstitutional laws like Section 498A and promulgated by the inaction of the Govt. of India on the same.
Some other famous cases of husband-victimization under Section 498A:
February 2008: Young Pushkar Singh from Lucknow commits suicide unable to bear the torture from his wife and Section 498A. August 13, 2009: Young Shubhankar Katyayan ends his life hounded by a greedy and cruel wife and meted out injustice by the insensitive legal system that instead of hearing to his plea subjected him to the threats of Section 498A.
