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gunjan (others)     02 July 2014

What to do with the female oriented laws??

Hi, 

Though this is strange coming from a female , but I really want to know what are the steps we can take against the laws made for the female protection but being misused to harass genuine people also?

Can we take this up seriously.

Our society today witness 95%cases which are not genuine on grounds of dowry, marriage failure etc, the male being considered guilty , but what about the ones who genuinely are not. 

I am myself a female , but feel so against such laws that have created a norm against all girls , everyone today threatens to file a fake case? why has it become so easy ? 



Learning

 47 Replies

T. Kalaiselvan, Advocate (Advocate)     04 July 2014

What is that you want to clarify by posting the above query?, If you are so much concerned about the women biased law or women misusing the prevailing laws in their favor to avenge somebody, the ultimate victim being male, you may file a PIL before the supreme court to scrap the law.  For our information, the Supreme court has been  giving proper verdicts/judgments against misuse of such laws by women and harassment thereon to the victimized male community and the same are being published in the press too, but that cannot help to scrap the law until the law makers decide to, hence you may file a PIL to this effect upon which the Supreme court will issue notice to the concerned Ministry to furnish their reply, lets see if some revolutionary reforms takes place atleast after a huge outcry from a section of people of  the country in this regard.

3 Like

Biswanath Roy (Advocate)     06 July 2014

A matured opinion by  Learned Expert Mr. T. kALAISELVAN. which I do appreciate.

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     06 July 2014

Yes gentlemen I also agree,

 

PIL before the supreme court to scrap the law with media flasshing will wash away biased laws.

Biswanath Roy (Advocate)     06 July 2014

Law itself cannot be biased.  Our proneness for misusing or abusing law makes it biased. If the people are not conscious about their duties towards the goodness of law such maladies happen. In recent past the Apex Court by their valuable verdict directed Police not to arrest F.I.R named persons immediately on receipt of the complaint u/s.498A IPC.  After proper investigation if the Police find that  the offence as  complained of is a cognizable one and other cogent reason for arresting accused exists only then they will arrest the accused etc  But such direction of the Apex Court can also be misused. by the Police of our country. It is an open fact that Police personnel in our country are mostly dishonest and take bribes..By using this present direction as a tool of squeezing money they can take bribe from the complainant as well as from the accused. If such incident occurs shall we say that the direction of the Apex Court is bad?  

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     06 July 2014

I saw that judgement of Apex Court and I understand that misuse of law is a common practice now days.

 

But still my statement is, the law maker should not make Gender Biased Laws like 498A, 125 CrPC and DVA. This is violating men's rights as per Article 15 - Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth.

 

There should be a law like - "Protection of Men Under Domestic Violence Act" or they should make DVA common for all men and women. 498A and 125 CrPC also should be gender equal. Whether old and jobless parents can seek maintenance u/s 125 CrPC from their earning and able bodied daughter?

 

If unfortunately a man becomes husband of a matrimonial dispute women then how that man and his relative will get protection from Indian laws? More over these laws has became business of most of the lawyers. I have seen in Calcutta that most of the lawyers those specially does 498A and 125 CrPC cases are very much incompetent and from vary bad academic record. Their intention is to get more and more cases like this and make it prolongate or make mutual settlement with lot of money. I request to every people in this forum not to increase bank balance of these lawyers.

 

So my opinion is These laws are destroying Indian family, children's future and creating / increasing criminals. I have also lot of doubt about the role of Save Indian Family (SIF) which I can not tell in the public forum. But I am not a member of SIF.

Biswanath Roy (Advocate)     06 July 2014

One should know that before an enactment of law introduces in  the country at first it placed in our Parliament in Bill form and after a prolonged debate about its efficacy and considering all pros and cons Parliament recommends that bill and send it to upper house viz., Rajya Sabha for consent and its acceptance. There also the proposed bill falls under debate and any rectification or as proposed was also considered and after that it was sent to the President of India for his acceptance Then and then only it comes into force. In our Parliament and RAJYA SABHA males are in majority.  So if any citizen finds that the law is Female oriented or discriminating in nature they can put their grievance through their area representative in the Parliament.

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     07 July 2014

Mr. Roy,

 

" So if any citizen finds that the law is Female oriented or discriminating in nature they can put their grievance through their area representative in the Parliament" - How can we do this if you can explain then I shall be greatful.

 

I think "Public Interest" case in SC have more merit on this.

Biswanath Roy (Advocate)     08 July 2014

Handover a mass petition to the PARLIAMENT MEMBER and request him to raise the question of female oriented laws and its misuse and impact in the society for not considering the protection of males at the zero hour of the session.

1 Like

Sudhir Kumar, Advocate (Advocate)     20 July 2014

These laws are misused but still needed.  There ae persons in the society whose behaviour towards DIL  justify these laws.

 

In somw provides much protection from misuse. Even anti-corruptin laws are misused.There are insances of peple being framed in murder / dacoity/ forgary etc crimes.

 

All these laws be deleted.

Biswanath Roy (Advocate)     20 July 2014

Lawyers who are well conversant  with different laws and their respective rulings they can easily curb down  misuse of laws as quoted in the query by counter attacking.  But generally such tricks are not being followed.

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     20 July 2014

Mr. Roy is absolutely right.

 

There is nothing that cannot be stopped. Misuse of law also can be stopped but corrupted lawyers does not do. They misleads both of the spouses in the wrong direction and extorts money from both of them.

 

"a great power comes with a great responsibility" - all wives needs to understand this. All gender biased laws needs to be used as a shield, not as a weapon. But unfortunately dispute wives does not have that much of analytical brain to understand this.

 

My opinion is, any biased view of any thing like view of society / view of law etc is harmful to our nation.

These needs to be abolished.

 

Mr. Roy,

 

I request you that if you have some good, proper and to the point citations regarding aforesaid PIL then please share with me through email.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     20 July 2014

I also request all victims not to be remain blind, dumb and deaf. Please learn Indian law to abolish corruption from our great nation.

 

 

Gender Biased Woman Law 

 

There are no provisions in law through which engagement of advocate is compulsory. Person may file or defend any case personally without engaging advocate. You may plead case of your relative in court after securing power of attorney from your relative subject to permission of council of 32 of Advocate Act.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     20 July 2014

Yes, Mr. Sudhir Kumar, 

 

"These laws are misused but still needed"  - to be misused more and more to destroy more and more family and child's future and to make more and more bank balance of corrupted lawyers and unscrupulous people within short time like    ****< some text is missing >****    :P

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     22 July 2014

:P   "There is no control over judiciary ... Records will bear out that judiciary is fully insulated"


                     - - - - - - Former Supreme Court judge Markandey Katju  :P


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