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(Guest)

Wanted - Gender Neutral Laws

Title: Wanted: Gender-neutral laws


Monday 16 August 2010
By:
Nivedita Chaudhuri


"If women like Uma Challa had their way, they would change all gender-biased laws that exist in India today, including Section 498A of the IPC or the dowry law.

The draft Bill on Protection of Women against Sexual Harassment at the Workplace may be ready, but some women actually think it is heavily biased against men. If women like Uma Challa had their way, they would change all gender-biased laws that exist in India today, including Section 498A of the IPC or the dowry law. Challa argues that the dowry law is being misused by many women to harass their husbands and in-laws.

Hyderabad-based Challa launched a forum called All India Forgotten Women, under the aegis of Save Indian Family Foundation (SIFF) in 2005, in response to the "large-scale arrests of women falsely accused under Section 498A IPC".

The draft Bill on s*xual harassment at the workplace, she says, does not have provisions to protect men from similar harassment at the workplace and it thus undermines the Indian Constitution, which states that men and women have the same right to equality and life.

"The Bill and its architects undermine the basic truth that s*xual harassment is neither about s*x nor gender. It is about power, and a woman in power can be every bit as abusive as a man," Challa says.

"The Bill requires that committees for redressing grievances consist of persons `committed to the cause of women'. If committees are filled with individuals committed to the cause of women and not to the cause of truth, law and justice, is it hard to foretell the fate of males in an institution or in society as a whole," she asks.

Challa, who is also president of The All India Men's Welfare Association, says the Bill contains provisions for `conciliation' and `settlement' between the `aggrieved' woman and the respondent. If `conciliation' happens and `settlement' is arrived at, no further inquiry will be conducted. If, however, the terms and conditions of `conciliation' and `settlement' are not met by the accused, an inquiry will be conducted.

"When s*xual harassment at the workplace is considered a grievous crime which warrants a special and stringent law, what is the purpose of having a `conciliation' and `settlement' plan? In what way is this law different from the dowry law, which is being used as a weapon of extortion," she asks.

She says countries around the world, including the USA, the UK and all member countries of the European Union, have gender-neutral s*xual harassment prevention laws. "Even Pakistan, which passed a similar Bill in January 2010, embraced the principle of gender neutrality," she adds."

Source: https://www.deccanherald.com/content/88344/wanted-gender-neutral-laws.html
 



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 4 Replies

tortured_aathma (none)     16 August 2010

salute to uma ji, but who is gonna listen to her.

1 Like

Sameer Sharma (Advocate)     16 August 2010

ADSR can be used in these type of cases, as mention above that conciliation and settlement are the chief solutions for solving cases u/s 498A, which become the most misuse section of IPC.


(Guest)

@ Sameer


I disagree to your observation, simple nature being that it will increase the bargaining capacity of one gender who has filed false civil / criminal proceedings knowing fully well that one day the case will reach to ADSR stage :-?


The safest detterence is effectively making Perjury punishment applicable across board in all Acts / Sections of Family Laws (Period) I also mean to say here that even 1 hour simple imprisonment and fine of say Rs. 500 is enough to deter a particular spouse in filing motivated cause of action against another spouse.


Now what is 1 hour imprisonment people will say well from data entry at entry gate of a prison to relase data entry paper work consumes 1 hour so it is like u blink and you miss seeing inside of a prison and both spouse will welcome this punishment and also means no curatives petitions from feminists thereby :-)

Sameer Sharma (Advocate)     17 August 2010

ADR providers are based on a judicial panel of retired Judges of Supreme Court, High Court, Circuit and other retired Judges, many still active in the development and administration of the law. There are also many Attorneys and Solicitors who are trained mediators, arbitrators or neutral evaluators, and who are dedicated to specific areas of law.

Alternative Dispute Resolution system, have the advantage of providing parties with the opportunity to reduce hostility, regain a sense of control, gain acceptance of the outcome, resolve conflict in a peaceful manner, and achieve a greater sense of justice in each individual case. The resolution of disputes takes place usually in private and is more viable, economic, and efficient.

In Japan, Judges intervene extensively during the in-court settlement; every Japanese Judge is expected, both by law and by litigants, to move a case towards settlement. This has the force of statutory law. At least 40% of the cases are settled. The Judge, who decides to switch the litigation to a settlement mode, takes off his robe and acts as mediator.

Possibility of plea of bargain is there but it will all depend on arbitrator / mediator , yes ur verdict of "1 hour simple imprisonment and fine of say Rs. 500" is impressive.

Yes I do agreed that ADR is still not popular in India because of its non-technicalities, but as I always says in some cases it is better option to go to ADR.

As we all know very well that our country has thousands of religion, language and communities, it is always difficult to come across unified code. By going to Family Court it will make things more complicated and lengthy, as per data provided by the Registry of Supreme Court of India, as on 31.10.2006, more than 2, 53, 80,757 cases were pending in our subordinate Courts.

Only because of abovementioned reasons I m in opinion that crimes which are non – serious or compoundable can be entertained in ADR Chambers, if they won’t get any solution, then it will be referred to any other Law Courts.

Apart from our discussion "Gender-neutral laws" are desperately needed in our laws. Biased laws, specially against men are injustice to the society, No doubt Uma Challa is doing grt job, I m totally agreed with the words of Uma Ji.

Please keep on writing these kind of forum Arun Ji, it will really enhanced knowledge and makes this site more interesting.


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