Domestic violence act of india is Against Men !!
This website attemps
to explain the future disastrous results of badly formulated and
gender biased law Domestic
violence against women law - 2005 which grossly
violates the liberty and dignity of an average man and his family
members. Anyone who is educated and reads the guidelines of the
law can see how vicious this law is and what it's social implications
will be. [News
have unequivocally and unanimously hailed the implementation of
the Domestic Violence (DV) Act in India. They claim that this law
will empower victims and protect them from abuse.
Most people in their
right state of mind would agree that domestic violence in a relationship
is not acceptable. It is only fair that for their own mental and
emotional health and for the well-being of the children, that the
victims be protected from abusive partners.
On the face of it,
the law appears to be a blessing for people in abusive or violent
relationships. However, a careful analysis reveals that, under the
ploy of “women and children welfare”, this law is yet
another misguided attempt to enact legislation to grant women legal
supremacy over men and to create a society where men are deprived
of their rights.
There are three fundamental
problems with this law – a) it is overwhelmingly gender biased
in favor of women, b) the potential for misuse is astounding and
c) the definition of domestic violence is too expansive.
The DV act singles
out men as perpetrators of domestic violence and assumes that only
women are victims. As per this law, only a woman can file a complaint
against her male partner. A man, who is a victim of domestic violence,
has no rights under this law. The fact is that it has been comprehensively
proven in numerous studies [please see references] that women are
no less abusive as men in intimate relationships. Giving such sweeping
legal powers to women while withholding protection to male victims
is tantamount to systematic legal victimization of men. In the western
world, the domestic violence laws are gender neutral and provide
protection to the victims, both men and women. The fact that the
Indian version explicitly prohibits any male victim to seek relief
under this law defies all logic and is beyond comprehension.
The second significant
flaw in this law is that it lends itself to such easy misuse that
women will find it hard to resist the temptation to “teach
a lesson” to their male relatives and will file frivolous
and false cases. A similar trend is already being observed in the
case of anti-dowry law (498a), which is being misused to such an
extent that the Supreme Court has termed it “Legal Terrorism”.
To illustrate how easy it is to misuse the DV law, consider the
scenarios below. [She means wife/female live-in partner and he means
husband/male live-in partner]
a) If she demands
any amount of money from him, for any reason whatsoever, he is legally
bound to pay that amount in full, failing which he can be imprisoned.
Under the pretext of preventing economic abuse of women, this law
legalizes the extortion of money by women. Interestingly, if he
asks for money from her, he can be jailed for that as well. Furthermore,
he is responsible for paying the rent if the couple resides in a
shared rented accommodation.
b) As per the law,
she retains the right to the residence. This is a very convenient
means of getting control of the house regardless of whether she
has any legal right on the property. Moreover, if he is booked under
DV, he is responsible for paying the rent as well, even though he
may not be allowed to live in the house or he might even be in jail.
c) If she decides
not to cook and wishes to eat out in a restaurant everyday, he cannot
afford not to oblige, lest he invites the DV provision for “not
providing food”, for which he could be jailed.
d) If she has an
affair and he tries to prevent her from meeting her lover, he could
be punished under the DV act, as he is preventing her from meeting
e) He can be booked
under the DV act if she feels that she has been insulted. Insult
is a relative term, which is totally left to her discretion. Interestingly,
if she insults and abuses him verbally or even physically, he does
not have any legal recourse in this law
These are just some
of the ways in which women can exploit men in a legally permitted
manner. The fact that the complaint by a woman will be treated,
prima facie, as “true and genuine” opens up a whole
new realm of possibilities where innocent men will be accused and
implicated in false cases, just because they refuse to give in to
her unreasonable demands.
Most people readily
agree that the law will be misused. Their counter arguments generally
a) The number
of miuses will be very low OR every law is misused – The objective
of any law should be to punish the guilty and protect the innocent.
The persecution of innocents cannot be justified in any circumstances.
As is the case with 498a, this law will be heavily misused in urban
b) If she is happy,
then why will she file a complaint – Ah ! So, the man exists
at the mercy of the woman. If the wife wants to kick out old parents
from home or wants to pursue an affair and should the man dare to
object, she can get him incarcerated with alacrity. Any law that
forcefully subjects a section of a society to conduct as per the
pleasure of another section is deemed oppressive and should be vehemently
c) There are other
provisions to deal with the misuse of this law – The fact
is that there are other legal provisions to deal with domestic violence
as well. If a strict law is made for a specific purpose, then the
provisions for dealing with its misuse should be in the law itself.
The third major flaw
in this law is that it provides an all-encompassing definition of
domestic violence and some terms (insults, name calling) are extremely
subjective. The radical feminists claim that 70% of women in India
face domestic violence which comes as no surprise as even an insult
is considered domestic violence. Interestingly, they are mum on
how many indian men suffer domestic violence using the same criteria.
This law strikes at the very foundation of marriage by promoting
intolerance and litigation for petty domestic disputes. It is universally
recognized that from time to time differences arise in a marriage
and sometimes people, both men and women, behave in hurtful ways
towards each other. Most people, though, are able to work them out
and lead a more or less happy life with their loved one. However,
this law makes it very easy to escalate the domestic problems in
daily life to such a level that it eventually leads to a breakdown
in marriage. Once a man has been accused of domestic violence for
a something relatively minor (insult), while he might have been
subjected to the same treatment from her, he will perpetually feel
threatened by his partner and that is the beginning of the end.
This law will lead to more divorces, broken homes and the children
will pay the ultimate price by getting deprived of a pleasant childhood.
There are degrees
of domestic violence and not all conflicts in a relationship can
be termed as domestic violence. This law trivializes the issue of
domestic violence by including minor differences in its realm and
by explicitly denying protection to half of the population.
The law in its current
form is grossly inadequate to tackle the problem of domestic violence.
It imposes a lot of responsibility on men, without giving them rights.
On the other hand, it gives lots of rights to women without requiring
them to be responsible. At the very minimum, it should be made gender
neutral, offering protection to both men and women. Also, provisions
for stringent punishments need to be incorporated into the law to
prevent misuse. Moreover, the law needs to be made more practical
by differentiating between various degrees of conflicts and by unambiguously
defining what constitutes domestic violence.
The fact is domestic
violence is a serious problem and a neutral and unprejudiced law
is needed to protect the genuine victims of domestic violence, irrespective
of gender. The perpetrators of domestic violence need to be appropriately
punished and dealt with. At the same time, protection cannot be
withheld from real victims for any reason whatsoever, least of all
their gender. One can be certain that there is something sinister
about a law, when it intimidates and instills fear in innocent people.
When a person who has not committed any crime, begins to fear punishment
under the provisions of a law, it is not a law anymore – it
is state sponsored terrorism.
1. The US Govt. National
family violence surveys of 1975 and 1985 (http://www.ejfi.org/DV/dv-21.htm)
- Please read
2. Various studies
by univ of New Hampshire (http://pubpages.unh.edu/~mas2/ipv-violence-by-women.htm)
3. “When She
Was Bad – Violent Women and the Myth of Innocence”,
written by Patricia Pearson, a self-described feminist