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Friday, August 20th, 2010 at 5:44 am

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Do we need gender-biased laws in the field of Domestic Violence Act?

Anatomy of feminism has given a task to ensure the condition of women in a safe and dazzling that could benefit in a very patriarchal and male chauvinist society like India structure. The Constitution has drunk envisagement carefully under Article 15 (3), protection especially women and children and, finally, this envisagement has illuminated the very cause of the creation of a social and legal framework to deal with the prejudices that each time the women are condemned to suffer in the orthodox structure of society that always promotes sexist tendencies. The issue comprises of multifaceted dimensions mentioned. Already become a segment of a heated debate, then, led to the battle of the sexes. Dilemma regarding the achievement of clarity on this issue has been exaggerated. Chauvinism in this context has added impetus to this. There are countless arguments into the light and views as to refute these theories had made an inevitable ending and infinite. The negotiations have been leaks in nature. The Constitution provides for equality in Article 14, with people in a changing society are taking aware of their rights and the elimination of or reduction rate of either impractical reckoning.

Since the issue requires a clear I would drink both aspects of gender bias laws, which was legislated to protect the harassment of women in society. Initially address the positive aspects of these laws and then with the material and relevant facts, we see the other side of the coin. The whole thing is free from any damage. As a law student, reasoning occurs first.

The situation of women in India is somewhat different than has been paid to the problems of women not only in our countries but also throughout the world and the equal status of women and men has become very important and burning on the social and political level. Women Indians are to be admired by people inside and outside the country, and public life, as well as certain qualities in addition to possessing a total of more than women in other parts of the world. The phenomenon of violence against women has been unsettling million women over the centuries has become a crosscutting issue in all and sexually by their male counterparts. These acts of violence existed in various forms, including sexual assault, rape, intimate partner violence etc. In fact, this type of violence in earlier societies was also, but in those days, the family always appropriate social, physical security, economic and emotional spouses with regard to contemporary society. Surprisingly, even women in today's society that is average or class elite and are very polite and even financially independents are more prone to domestic violence and this phenomenon is witnessing the daily news reports. Now, before proceeding further let us understand What is domestic violence? Domestic violence can be defined tentatively as all acts of gender on physical, psychological and sexual abuse by a member of the family of the woman in the family ranging from simple assault to aggravated beatings, threats and intimidation, verbal abuse, violence, psychological torture, etc. Some of the important factors that are to be contributing to domestic violence in India all can relate to patriarchal Indian society characterized by the dominance and male dominance over women, the traditional socialization of gender roles, family structure, interpersonal versus expectations and high ideals, the disparity age, educational level of poverty and unemployment, the suppression of the truth of the facts, addiction to drugs or narcotics, impotency and the nakedness of the spouses, conflicts over money, performing household chores and child rearing, the difference in the intellectual level of frustration in life, loss of self esteem, domestic violence etc in India is considered one of the most extreme oppression of women. In a highly social structure sophisticated women lack the courage to take the matter to the public and fight for fear of criticism and the stigma attached to it by the male-dominated society. Perhaps in our patriarchal male-dominated society, the phenomena of violence will continue without any hitch, as long as the social, cultural, religious economic and conspire to keep one sex (usually females) subordinated to the domination of the other usually males). Increasing incidence of and the family system within. Furthermore, the pattern of socialization in our society ensures the continued dominance of male values to the wife of one. Consequently, the unfortunate woman in our country have proven to be the victims of machismo farms and different types of atrocities. The result of this violence with gender bias are devastating, leading to long life emotional stress, mental strain and poor reproductive health. According to sociologist Prafulla Mohanty, "A society dominant male was born and continues today. The men began the exploitation of women, poorly managed and used them to increase their income in the way they wanted, they sell, market and advertise that as a commodity. Therefore, the status of women deteriorated day by day. Son is considered as an asset of the family while the child is considered a responsibility. "

If we make a historical analysis of the status of women in India, we see that at different times, there was considerable progress in achieving positive goals. Since, according to a book entitled "Women and society in India "Neera Desai, women from the Indian subcontinent has contributed much in various fields, ie from the time the early history of the struggle before independence and from there to the modern, contemporary, women proved to be an epitome. The role played by them in the non-cooperation movement and other events the struggle for freedom can not be neglected, there is great participation and support helped to achieve the objectives fruitful. Despite all these women have always been the contributions property rights and education of women. For now it has become a quest for the emancipation of women in contemporary societies and to protect them from the evils discrimination. Prof. Srinivas observations of this connection it is worth noting. He says: "While on the lower level of the hierarchy of rural women make intramural work, the latter paid the former is not, sandwich women that characterizes the level. "

Does this mean that there has been no change over the last thirty years? The achievement of independence in 1947, generated a sense of optimism and dynamism among the people. Under the leadership Jawaharlal Nehru, decided to take the path of social change-oriented based on three pillars, viz. creating a democratic and secular constitution, planned development based on a mixed economy and state support for social welfare activities. Some of them were "the Constitution guarantees formal equality," "the economic and social policy "welfare state". These major policy measures have affected the position of women significantly. The constitutional recognition of women's equality and the progressive adoption of legislation has undoubtedly the power to Indigenous women legal equality. Induction

Of the women in some of the decision-making creates the hope of action by governments. One of the remarkable achievements over the past higher education. There have been more opportunities for women in middle class and upper class to go for wage labor.

On the other hand, the colonial legacy poverty, unemployment, poverty, reduced, but the expansion of the informal sector has put women in the category of a reserve army. Patriarchal values and regulatory structure established about two thousand years ago, but still they persist with a different outfit. Motherhood and the ideal of a faithful loyal, devoted wife is projected through the media and the educational system. The reality of women's subordinate position is indicated by an adverse sex ratio of girls, increasing domestic violence, increasing the number of dowry deaths and rape cases. For example, the following vital data surveyed by the national crime record office (NCRB), 2004 before the commencement of this act, a total of 1,54,000 incidents of crime against women were registered in the country since comparable 1,40,601 during 2003, recording 9.8% increase over 2004.

According to the statement by the Director of the WHO "The Violence against women is present in most societies, but often not recognized and accepted as part of the order of things. "In different parts of world, 16% to 52% of women suffer physical violence by their male partners. About 2/3rd of married women in India are victims of violence home, according to a UN report. In the development of high hopes that occurred during the last ten years is the emergence of women's movement as women have begun to raise their voice against inequality, patriarchal values and structure of social prejudices. He had become the need of the hour to have a piece of legislation that may provide some relief to women, which could be benevolent with them. In this regard, the legislature has established certain laws guaranteeing protection of women, being notable Domestic Violence Act has been the law for concern. This law is basically dealing with all practices that are sick prevailing in society. This set of laws has given special rights to women which they can emancipate themselves. The event is in the nature of civil law that seeks to protect women from being victims of all types of domestic violence in society. Basically, it represents a milestone in achieving gender equality for Indian women in two fundamental ways. First, it rejects the family of India is a safe haven for all members and secondly, the law differs from violence home from the confines of dowry deaths.

Now proceed to list down some laws aimed specifically at women: -

1. Section 498A of Indian Penal Code (IPC): This section is made for married women who face physical and mental harassment by her husband and in-laws and cruelty done to any unreasonable "demand" (mostly dowry) of women and cruelty is such that it leads women to commit suicide or may be a danger to life and physical integrity of women.

. 2 Section 354 of the IPC: Assault or criminal violence against women with intent to outrage her modesty.

3. Section 509 of the IPC: word, gesture or act intended to insult the modesty of a woman.

4. Section 375 and 376 of the IPC: Violation of a woman.

5. Article 498 of the IPC: Attracting or remove or stop with criminal intent a married woman

6. Article 98 of the Code of Criminal Procedure (Procedure Code Criminal): Power to compel restoration of abducted women.

7. Article 125 of the Code of Criminal Procedure: intended to provide any needed maintenance to the wife of her husband.

8. Article 24 of the Hindu Marriage Act, 1955 (HMA): Despite gender-neutral, is widely used by women to remove their husbands' maintenance pending a divorce.

9. Article 25 of the HMA: aimed at providing food to women in divorce.

10. Article 18 of the Hindu Adoptions and Maintenance Law: Another provision for the maintenance of wives.

11. Prohibition Act, dowry, 1961: Despite gender-neutral in its definition, this Law, are widely used to protect women and there are some judgments of the cases presented in this law that are gender bias against women.

12. Immortal Trafficking Prevention Act: It deals with the trafficking of women.

13. Indecent Representation of Women Law: Title is self explanatory.

14. Medical Termination of Pregnancy allows women to abort unborn children slide legally.

15. Protection of Women from Domestic Violence Act: Designed to address domestic violence against women.

registration of marriage compulsory. A recent ruling of a court of the Court of Justice Arijit Pasayat apex Kapadia and Justice, said the Hindu Marriage Act 1955, before the registration is not mandatory now been made mandatory under Article 8. This will help to prevent child marriage and inheritance. Despite the legislation DV act, "Rape, suicide, dowry deaths, cruelty against women, the mockery of human rights, and so on. "All these phrases have become part of everyday common activity and important segment of online news. It clearly reflects that "the mere enactment is not necessary, what matters is that compliance in the ground level.

But this is only one face of the coin, the reason why the law was legislated was frustrated ie, the objective of the law is distorted.

Since, according to Aristotle Power corrupts "and absolute power corrupts absolutely", this means the misuse of this act began a trend of waste that resulted in the harassment of opposing counterpart. There started a search that who now dominate, is by this act that a woman has the indomitable power being used for illegitimate purposes as well.

Facts support the assertion that women have begun to abuse the law for illegal purposes. According to the Center for Social Research, that is, most 85-90% of the cases presented in the context of IPC sec. 498 (A) are false. At this point, if time, will be worth thinking about how it affected the status of women? Despite the evidence documented that section 498A of the IPC has been badly affecting more and more women (with men) every day, without amendment to this law have been proposed to now. As with section 498A of IPC, the Domestic Violence Act is full of loopholes and is bound to be misused. The DV Act allows women to legally married, divorced women and girlfriends (or ex) to subdue a man and his relatives (male and female) to domestic violence and legal harassment. This Act, like Section 498A of IPC will result in the harassment of many women most innocent of what he claims will protect them. It is important for the Government to recognize the fact that IPC 498A and DV Act are bad laws that criminalize the citizens (men and women) and violate their fundamental rights. Unless urgent amendments measures to prevent the misuse of these laws, credibility women will be lost. In addition to lost credibility, an overload of false cases will worsen the delays in the judicial process and deny timely justice to women are actually offended.

Unreasonable and misused laws like IPC 498A and DV Act are already creating a situation of fear and mutual distrust and affect negative relationships between men and women in society. This translates into more and more broken families and depriving children of a healthy child. If the government and women's organizations are really interested in improving the living conditions of women in India, which will focus on the empowerment of women through education. Education builds confidence and gives a person the ability to stand up for himself. The education of women can also ensure that future generations of children are raised to treat others with respect and be better citizens. The government and women's organizations may also provide support for the rehabilitation with social scientists and psychologists to understand human behavior in the context of changing social conditions and standards of India and think of practical solutions to address domestic violence and other forms of abuse instead of criminalizing ordinary citizens. Positive steps that can achieve internal harmony is the only way to ensure family stability and long-term social stability. The number of cases that occur in police stations or courts are the basis of statistics Meanwhile, the government has, on behalf of the protection of women, done grave injustice to women. That is the real victim of dowry harassment whose misery is all but constantly referred to justify the law.

The Bill recently passed domestic violence says he will protect women against domestic violence including physical abuse, verbal abuse, emotional, sexual and economic. Under the law an aggrieved person is defined as "any woman who is or has been in a family relationship with the defendant ... "and a respondent is defined as" an adult male who is or has been, in a domestic relationship the law is very biased against men, many supporters of the law argue that this law is good for women. The following are some serious inconsistencies in the law that shows the Domestic Violence Act is not good for women either. There are several cases where a daughter-in-law and / or their blood relatives with domestic violence (as defined in daughters or daughters-step) physically, verbally, emotionally and financially, and vice versa. In this situation, the law does not provide any protection for women victims of violence home. Thus, the law can only be used by a wife or girlfriend (current or former) and their family / friends against a man and his family.

Of accordance with Clause 17 of the Act legally divorced women and former girlfriends separated / partner can claim the right to residence in the home of her ex-husband or ex-partner although the law says you can not have any interest right, title or benefit therein. Thus, the law can force a former wife or girlfriend in the house of a man and violate the rights of his current wife or partner. The law does not protect a man's current wife or girlfriend / live in partner, or even dependent mothers and sisters in these circumstances. In a house with a man.

According to Clause 19 that a man can be removed from his home and he and his family be prevented from entering any part of the house in which the aggrieved person resides. Through this clause the law supports the invasion of property of a friend (or ex) to the detriment of the right to residence A man, his wife legally married and the other dependent members of the women of a family. In the name of protecting a section of women who may be making true or false allegations, the law penalizes innocent women who are related to a defendant. The fact is that many women actually are beaten and harassed by their husbands and in-laws rarely file 498A or the use of other laws related to dowry. A lot of them live in rural areas without realize the law or the lack of financial and moral support of his original family. Judging by the rate of convictions, the proportion of women who have genuine cases is 2%. Most of women who are from urban areas 498A and are able to fend for themselves or have enough family support to fall back on. The proportion of women members this category is 98%. In 98% of false cases, however, that a daughter-in-law has a false complaint at least two women (an innocent mother-in-law and sister-) are arrested and stress, humiliation and harassment at the hands of the police operation, lawyers, officials and staff of the Indian courts, before being acquitted several years later. Therefore, in 100 cases of two women really benefits, 98 women out of perjury and extortion, and at least 196 women suffer needlessly.

Therefore, I conclude my thesis to mention the fact that gender biased laws, which happens to be the act of discontent the sexes should be subject to certain provisions that may make laws as the Domestic Violence Act to be fruitful for both, and to achieve the purposes for which it was legislated. Legislators should take lessons from cases like Amit and Rinku buddharaju in which the woman uses the threat of the husband as talking to her boyfriend before him, that if you take any action against her, she will sue for the submission of a false accusation harassment case against him. After all this reached a saturation level of the victim's husband committed suicide. There should be some provisions of the Act which should have phenomena checks and balances. The discontent must be addressed by legislators and should ensure that both sex rights and remedies as are present in this law. Should try to satisfy so they can leave the DV think that acting is a full-fledged AK-47 in the hands of women and men who are in the range waiting for an opportunity. Therefore Law Commission to propose amendments to the Act certain that the battle for gender that women can enjoy the recipients as provided by law for a long stretch.

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SOURCES

INTERNET: -

RSC Rep Studio 2005 on the misuse of 498A [http://mynation.net/voice/csr-2005/]

Beyond that the CMR / NCW planned new tactics to break up the family and harass men to take their property by suggesting 2005but Domestic Violence Act, also recovered, the Judiciary is known as "clumsily written" here is related to the news

http://supari.org/prove-home-violence-for-relief-court/ - Demonstrate domestic violence for relief: the court.

http://uchalla.wordpress.com

http://merinews.com/alert.jsp

http://mynation.in/alert

href = "http://legalservicesindia.com/"> http://legalservicesindia.com/

http://indianexpress.com

BOOKS: -

PSA Pillai-criminal law

Desai Neera, Women and Society in India, pg. 34-44

Minnesota Srinivas - Caste in Modern India and Other Essays, p.. 3

Romila Thapar - looking back in history, pg. 6

Sudhir Kakkar - The inner world, pg. 67

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About the Author

SIDDHARTH SINGH

08BALLB21

B.A.LL.B- 3rd Year

FACULTY OF LAW

ALIGARH MUSLIM UNIVERSITY

You can contact me at- s.sid10@yahoo.com

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