India’s Domestic Violence Act
On October 26, 2006 India’s first act targetting domestic violence came into effect. The Protection of Women from Domestic Violence Act 2005-PDF is a landmark act for India and it was being taken advantage of almost immediately upon coming into force. Additionally, it is has become a hot seller in Indian retail circles.
The Times of London from October 26 has a good summary and goes into some depth describing the Act and the provisions of it, including the provisions that women can report abuse directly to judges (s.5). It also covers the criticism that the act has received from some quarters claiming that the definition of abuse is too broad and open to manipulation. Section 3(b) also specifies that any type of harassment, harm or injury with aim to coerce unlawful dowry from either the victim or any other person is also considered domestic violence.
True Mark, although the local government in Delhi and the DMK government in Tamil Nadu had acted to pass Eve-Teasing laws in the late 90s that covered some of this territory. See the recommendations of the State Law Commission at http://www.hinduonnet.com/2001/09/30/stories/04302232.htm to toughen the http://en.wikipedia.org/wiki/Eve_teasing
But I think this is the first time that the Lok Sabha has acted.
Of course shifting behaviour is a lot tougher than passing laws. It’s 30 years ago that Indira Gandhi outlawed dowries, and they’re still being paid
Sitting in Canada and talking about India is like being in two different galaxies.
The dowry as you understand and as has been termed illegal by law is almost non existent in most of urban India. For the last 20 odd years women organizations in collusion with govts basking on popular vote agenda and misleading everybody (the Indian public and the rest of world) about this dowry phenomenon. The fact is that this concept is being gravely abused and misused by a large section of Indian women.
Given the stringent nature of laws, they are consistently holding entire husband families to ransom, by threatening them in broad daylight that if they do not bend to their wishes they all would be destroyed and put behind bars because they have they right to report a case without any proofs and without police conducting any investigations.
Thousands and Millions of families are dying death struggling for justice in Indian courts who are overly sympathetic to women causes.
An entire family (which includes women and children) are being destroyed
by a single woman, who wants to settle scores with everybody and wants everything to be her way.
The average suicide rate(Indian Nation crime bureau statistics) for a typical married Indian male to a married Indian female is about 3:1.
This is when the suicide rate of male:female before marriage is 1:1.1.
The statistics are crying loud for the plight of typical Indian male, but the hype generated by women organizations in collusion with biased media and vote hungry politics in dwarfing even the crime statistics.
Women organizations working 24×7 on vote bank political agenda have drafted this Domestic violence act just to manufacture a sense of awe, havoc and threat in society. After all that is all what sells in Indian democracy.
Domestic violence laws is highly biased and anti male and is solely meant to destroy institution of marriage. The domestic violence act is based on the conjuncture that all women are pious, truthful and devoted and all men are bad, brash, cheaters, useless, good for nothing drunkards who are born in this world only and only to demean women.
This domestic violence is meant to create a victim, a prosecutor and a judge all rolled out in a single unscrupulous and egotist wife.
The domestic violence law is so badly designed that it robs husbands of even their fundamental rights to live with peace and dignity.
Languishing in totally Corrupt Indian judicial system and courts for years just to prove that you are really innocent and not as has been alleged in false complaint is tantamount to being destroyed and massacred. To add spice to this, it happens not just to a single person but the entire family as the un-scrupulous, greedy wives know that tormenting of entire family may result in better monetary gains when it comes to final “Out of court” settlement.
It promotes hen-pecked husbands but those too for only that period in which they can keep their wives happy and satisfied by providing them with money, good house, all possible luxuries ,comforts, unhindered and unquestioned sex(either with husband or with any other male outside relation). If for any of these things, the women feels deprived of, she may feel hurt emotionally, mentally and/or verbally and then she can choose to exercise her right to send husband and his family in jail for 1 year just by lodging a oral complaint at police station/courts.
This domestic violence law is one which puts Talibanies in Afganistan to shame when it comes to comparing barbaric, inhuman and gender biased(in this case orthogonal to what happens with Taliban) nature of both.
Four Indian Women Behind the bar due to Ms. Renuka Choudhary’s “Diwali Gift ( DV Act).
Few days Back one of SIF member told me Swarup , “ Till date Indina Women had been protected by their Near and Dear ones. Now after this AK47 ( Domestic Violence Act ) , they will be protected by so called Protection Officer , Lawyers, Police , Judges..etc”
But She also asked me, “ Who will Protect Indian Women from those so called Protection Officers, Lawyers, Police , Judges ..etc”
More at :
http://indiatalking.com/blog/swarup/4460/
As a lawyer working with abused women the comments about abuse of the law by women is unacceptable. Not all men are wife beaters but every woman is a petential victim. No woman goes off to file a complaint be it for dowry or domestic violence. It is only when the abuse there is a complaint that too after mediation by the family has failed. If defending a case is difficult for men, filing a case is an uphill struggle for women taking into account their lack of finances, awareness, and difficult procedures. The Dowry Prohibition Act has not stopped or even decreased the cases of giving and taking dowry. Dowry, from time immemorial has been an accepted custom in India. Women were not entitled to land or property belonging to their natal homes the only possession owned by was their dowry- something their parents willingly provided. It became a social evil when demands were made, when women were killed when after marriage these demands were not met. When this legislation was passed in the 60’s Prime Minister Nehru hoped that it would be an ‘impetus for social change’. Sadly it has not been so.
my own experience will help you law protector(DV) to understand how it is misused.
my wife filed a dowry demand case and crulety after 20 years of marrigae.
you know why? there was no cruelty caused by me or my children or relatives.but she had extra martial affair with her friend. she claimed that she has become young and her boy friend gives more pleasure so she filed case in police station and she left our house and stayed with her boy friend in rental house. for polic she is true and her allegation are correct. now it is my duty to prove I am innocent. not her responsibilty to prove what she said.who is abusing the law .who is harrasssed me or she? where is the cruelty in this case….?
that is the this law. and once the family matter comes to public there are many lawyers.police will support ladies for their own benifit and purpose.
if more law are introduced more brreakdowns are bound to make and looting as a charge/commission..