Heartfelt thanks to Tajobsindia Sir.... This is what I could think-off and write... Could not able to control my emotions while writing this (though Respected Sir asked for ‘controlled’ opinions)... Any amendments in this is most welcome...
*******************************************
Respected Sir,
This letter is with respect to proposed Amendment in Criminal Procedure Code section 125-Order for Maintenance of Wives, Children and Parents referenced in National Commission of Women (NCW) Annual Report 2010 – 2011, Annexure - 7, Page 204-221. After going through the said report, we (Indian Citizens) feel, we have right to put forward our say which are against such recommendations based on larger social reasons.
The Domestic Violence Act, 2005 is totally biased in favor of the wife, which already violates the fundamental right of Indian citizen i.e. Right to Equality in the eyes of law. The more amendments in this law will make Indian Males suffer and thus will lead towards to the western culture i.e. live-in relationship and “not my kid” problem. In metros, the role of wife and mother hallowed and revered by Domestic Violence/498a Act. Many young women today have rejected marriage and motherhood in the shed of maintenance and alimony. Marriage has now become a betting-spot where the amount is setup based on the income/background of a husband. Relationship cannot be built under the fear of law.
Nowadays, especially in metros, wives torture their spouses and in-laws mentally and physically. Elderly in-laws have no protection under DV Act, which has become a tool for the extortion of money from husbands and in-laws. We all are aware about the facts it happening at quite large pace. We were quite because we still have faith in the Indian Judicial System that believe that system will bring some gender-neutral amendments to rectify the problems created by biased laws.
The growth of feminism and consumerism is responsible for steady erosion of family in India, which is completely backed-up by such biased laws. We strongly protest against the following amendments in the domestic violence act –
- “Unable to maintain” would mean the absence of actual separate income earned by the claimant and not the possibility of the claimant being able to earn by securing employment.
- In today’s society, husband and wife are granted with equal opportunities in their work environment. Employer chooses the employees with no regard to s*x, s*xual orientation, race, cultural background, age, health conditions; this affords everyone an equal chance to earn the employment based on their qualifications. When we have equal opportunities in private and government organizations then why the husband is bound to pay a part of his income to support the estranged working wife. When one law says that treat everything equal (discard of s*x, s*xual orientation, race, cultural background, age, health conditions, etc.) then why we are making such amendments to make it unequal again.
- “Estate” includes personal income, assests, income from fixed deposits, shares and DMAT accounts details, rents and commission, bond, details of sale and purchase of immovable properties.
- If husband has NO income to survive and even the small commission and interest is calculated as part of his income then how in the future, husband would be able to stand on his feet. Why parents and relatives will go and ask a boy who is earning handsomely to go and marry a girl? When knowing that each penny of his income would be calculated in the court case. Why husband will focus on savings and investment. We are Indian families who focus much on savings and investments to secure the future of next generation; Bringing this amendments will only turn the focus of current generation.
- 125 (4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expense of proceedings, as the case may be from her husband under this section if she is living with adultery, or if, without any sufficient reason, she refuse to live with her, husband, or if they are living separately by mutual consent.
- The proposed amendment/bill is to delete the whole sub section (4), which I (Indian Citizen) feel that it complete injustice to Indian husbands. If a wife is living in adultery or is not living with her husband without any sufficient reason then on what moral grounds Indian husband should be bound to pay the allowance. If a woman is living in adultery that itself it a criminal offence and deleting this paragraph does not make any moral sense.
- 126 (2) Any such allowance for the maintenance or interim maintenance and expenses shall be payable from the date of the application for maintenance or interim maintenance and expense of proceedings, as the case may be.
- The proposed amendment/bill is to pay is as per the date of application. We know that it will not be far when “first day” of marriage would be spent in the court to avoid being late in filing the application. This will make the marriages more costly to husband and there will be no further scope of marriages in India. I hope by making such amendments we are not killing the marriages itself instead of violence.
- 126 (6) On proof that any wife in whose favor an order has been made under this section is living in adultery or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order. In case the allegation on wife for “living on adultery” is not proved, husband is liable to pay compensation to wife.
- In real life, it’s not possible for a husband or even boyfriend to videotape the adult action performed by his wife or read the dirty conversation between wife and husband and keeps it safe. While doing the amendments one should not forget the emotional torture a husband has already gone through. If a husband failed to videotape or record the dirty chat of wife’s adultery then he should not be ordered to compensate to wife. In DV case itself, if a woman is not able to prove anything then she is not charged with anything. Why such rules are only making for male not for females.
Hence, kindly for larger public interest I feel for betterment of Indian society it will benefit if
- Some amendment to have some scope for husbands or their family member to appeal. Make it gender-neutral laws.
Recommendations which is what majority of common men in the society feels about the recommendations and request to incorporated them as comments from member of civil society as and when such recommendations sees through Hon’ble Parliament debates.
Further to above comments on WCD’s Annual Report 2011 I request your good office to acknowledge this comment letter sent by a member of civil society as per your convenience without need arising to submit an Application under RTI, 2005.
Sincerely,
Sd/
Indian Citizen
*******************************************
