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Sunil (accountant)     14 May 2011

Why does the Indian Government formulate wrong laws?

Before going into the reasons as to why does the Indian Government do so, let us have a look as to what exactly do we mean by “Wrong Laws”? The following 2 criteria are very important to be considered while formulating any law:-

 

  1. Laws are meant to restrain citizens from committing crimes and harming other people without getting punished.
  2. Laws must apply equally to all citizens and discrimination of citizens in the eyes of law on any basis in not only unconstitutional but also inhuman in nature.

 

Any law that does not adhere to any of the above criteria, then it’s a Wrong Law. Also, specific to India, even the Constitution of India does not permit discrimination of citizens in the eyes of law on the basis of s*x, caste or religion (Article 14). Yet, the Indian Governments, over the past several decades of India’s independence, have always conceptualized, formulated and implemented wrong laws, that are anti-male and gender biased in nature. And, still more being in pipeline, these laws are heavily loathed against men that not only violate their basic fundamental rights and human rights, but also go all the way to inflict terror onto them legally.

 

Some of the examples of these wrong anti-male laws are:

 

 

  1. Section 498A of the Indian Penal Code (498A).
  2. The Protection of Women from Domestic Violence Act (PWDVA).
  3. Section 125 of the Criminal Procedure Code (CrPC) (125 CrPC).

 

A detailed descripttion of all such wrong anti-male laws is available at Gender Arsenal.

We will see what each of the above law has to say,

 

 

  1. Section 498A: Husband or relative of husband of a woman subjecting her to cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Detailed descripttion of the section is available here.
  2. PWDVA: This is a mammoth act, in itself, which contains numerous anti-male provisions which can imprison a man, rob him off his finances (under the cute name of maintenance) or throw him out of his own house in a legitimate manner (under the cute name of “Right to Residence”) merely on a complaint by any woman claiming to have lived with the man under a roof. Detailed descripttion of the act is available here.
  3. 125 CrPC:  If any person leaving sufficient means neglects or refuses to maintain-
    1. His wife, unable to maintain herself, or
    2. His legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
    3. His legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
    4. His father or mother, unable to maintain himself or herself. A Magistrate of' the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct. Detailed descripttion of the section available here.

 

All the above laws are based on the social presumptions that ubiquitously and stereotypically, under all circumstances,

 

 

  1. It’s the woman who is the victim and it’s the man who is the aggressor.
  2. It’s the woman who never lies and it’s the man who is not trustworthy.
  3. It’s the woman who has suffered and it’s the man who has enjoyed.
  4. It’s the woman who needs justice and it’s the man who deserves punishment.
  5. It’s a woman and a man in a man’s world.

 

These social presumptions are dangerous social time bombs and, when packaged in laws, they are simply “Weapons of Social Terror”. Men, the disposable gender they are, are the innocuous victims of these weapons of social terror.

 

Laws are a direct reflection of societal attitudes as the lawmakers, who conceive the laws, are part of the same society in which we thrive. They are born and brought up in the same society that considers men as the disposable and gives no thought in harboring anti-male attitudes and in allowing anti-male legal provisions.

 

Let’s take the example of Section 498A, it says, “Husband or relative of husband of a woman subjecting her to cruelty”. It is a direct reflection of the attitude that only a husband is capable of inflicting cruelty on wife and only husband’s relatives inflict cruelty on the wife. It does not take into consideration the following two possibilities,

 

  1. Wife capable of inflicting cruelty on husband, physically, emotionally, mentally, financially.
  2. Husband’s in-laws capable of inflicting cruelty on husband.

 

Because, we have no section that is specifically in favor of husbands and when the Government is questioned about protection of men, the answer given is that “men have the whole of IPC.” But, the Government is conveniently ignoring a fact that the IPC applies to women as well. Then what is the need of a special law under Section 498A?

 

A clear example of misandry and male-disposability, as Section 498A is a proven weapon of terror that has resulted in millions of innocent men and their families being thrown behind the bars without trial or investigation, merely on the basis of a complaint.

 

On one hand, we have a law called the TADA repealed because a few politicians feel that it can lead to wrong jailing of people and here, we have a law wherein, no less than 7.5 million innocent men have been jailed since its inception, merely on the basis of a complaint, without trial or investigation and the Government is still in doldrums, whether it should amend that law or make it stringent!

 

Such a behavior is clear evidence of unwarranted triumph of emotion over logic with an unbalanced tilt of power against humanity – again a reflection of pervert social attitudes.

 

Now, let us take the case of the PWDVA, referred to as the DV Act herein. However, before going into the DV Act, let’s take some real life examples of Domestic Violence on men by their wives.

 

  1. Kitply, a leading manufacturer of plywood came up with an ad wherein the wife slaps the husband on their first night because the furniture was not made of kitply.
  2. ICICI Lombard came up with an ad concept wherein the wife calls the husband as an ‘IDIOT’ for not buying the ICICI Lombard insurance.
  3. Star Plus – the entertainment channel came up with the concept of a reality show in which husbands were supposed to take care of the household while their wives would go holidaying and would also monitor the husband.

 

These are just some examples of socially accepted anti-male attitudes and unchallenged instances of domestic violence on men by their wives.

 

These ads and TV programs clearly depict as to how the society perceive violence against men. It’s pure entertainment for the society!

 

To add to this, I had challenged the show on Star Plus citing that it generates a feeling that while women are doing household work, men go holidaying; however, that’s not a reality as when a woman does household work, the man slogs to earn money, but the show is depicting something else. I had also written a letter to the Ministry of Information and Broadcasting that the show be banned; however the ministry replied that the show was not violating any guidelines. It simply means the guidelines are anti-male in nature and have yet gone unchallenged.

 

So, when the very society, from which the lawmakers come and whom the society elects as representatives, harbors a feeling that domestic violence against men is a source of entertainment, no wonder that the Government has come up with a law called the DV Act which is a legal source of inflicting violence on a man.

 

As per the DV Act, the remedy of any complaint of a wife against a husband is either acrimonious maintenance or a part of husband’s property, which is nothing but treatment of men as FREE ATM MACHINE.

 

The DV Act, though passed off as a civil law has terms like jail, bail, arrest in it and also follows the CrPC. This is another attempt by the Government of India to fool the citizens of India. The Government knew that with Section 498A being already there, it would be difficult to bring in another unconstitutional and wrong criminal law that is anti-male in nature and so DV Act was passed off as a civil law containing criminal provisions.

 

But again, here also, the Act presumes that all spousal violence in unidirectional (from male to female) in nature and even if instances of a husband harassed by wife comes to forth, it is dismissed as a one-off incident and the husband is denied justice. This is again a skewed social attitude that violence against women is a crime and violence against men is a social service.

 

And with such an attitude, it should be no surprise that we have one more wrong law called the DV Act.

 

Let us now take the case of Section 125 CrPC. Section 125 CrPC, puts the entire burden of maintaining parents, wife and children on a single person – the HUSBAND, yet another example of treatment of men as FREE ATM MACHINE.

 

Moreover, as per Section 125, if a man fails to comply, he can even be imprisoned. Now the moot question that arises is, how can a man jailed be expected to earn livelihood? It is a completely illogical and unscientific legal provision that merely satiates the inherent misandry in the society.

 

Recently, in Bangalore, there was a case wherein a paralytic man was brought to the court in handcuffs. His crime – he was unable to maintain his wife’s greedy desire of monthly maintenance of Rs. 25000. His old and sick mother used to go the jail to feed him daily. This, not being enough, the man made a plea before the court that he be exempted from paying maintenance to his wife as he is unable to do so, yet the judge said, “I want to listen to the wife once before passing any order.” This is nothing but a superficial display of attempts to deliver justice while harboring male hatred inside.

 

It would not be out of place to mention here that there have been uncountable instances wherein courts have passed acrimonious maintenance orders against men without giving them a chance to present their side. These orders have been passed without verifying the claims of wives and taking their statements are GOSPEL TRUTH.

 

This is a social expectation from men, that a man must finish off his life feeding his family and he has no right to live a life for himself and if he wishes to do so, we have the JAIL for him.

 

And that too, it’s not a choice given to him, it’s an imposition on him and any failure to compliance is met with iron hands. I fail to understand how this is not terrorism and how can any sane society inflict terror on its individual lest it does not consider the individuals as its own part.

 

Men, especially those not in power positions – the 99% of the beta males, have always been exploited, used and terrorized by the society. On one hand, there are laws (498A and DV Act to name a few) that ruin the lives of men on a mere complaint that’s uninvestigated and unverified and on the other hand, the same men are expected to slog like donkeys to feed their own enemies who complain against the man if he does not serve them. And any man who does not wish to do so is called a criminal!

 

And, we call it a civilized society! By what means is this society civilized that inflicts so much violence on the very men who have laid down their lives and sacrificed their likes and interests to build the foundations of the society and made so many wonderful innovations and discoveries that makes life easy and comfortable.

 

After realizing all this, only one question comes to my mind, “Does this society deserve the services of men?

 

Coming back to the topic at hand, as to why does the Government formulate wrong laws, it’s very simple that no Government can afford to go against popular social rituals especially in a democracy wherein Governments are dependent on votes and every policy and law is a part of what is known as the “Vote Bank Politics”.

 

For e.g., in case of Sri Sathya Sai Baba, despite numerous allegations of corruption, s*x crimes against him and so on, there was no action taken. The society was blinded by his charms to such an extent that it would have been a political suicide to ‘touch’ him.

 

Similarly, in case of men’s rights, male hatred and male disposability is so high, visible and rampant in the society that it is clearly a case of political suicide to do even an iota of favor to men. And the loudest carrier of anti-male social attitudes is the media that leaves no stone unturned in publishing things demeaning men and also goes that extra mile to not only justify crimes by women but also suppress voices of dissent.

 

Specifically, Indians believe the media a lot and that makes it more difficult for the Govt. to take any steps, even if it wants to.

 

The root of male abuse lies in the social attitudes towards men and till the time it changes, men have no choice but to remain oppressed and terrified under Wrong Laws.

 



Learning

 34 Replies

danish (Manager)     14 May 2011

Sunil i totally agree with you, Even i feel ashamed about this biased law. I belive criminals are much better then to be a victim of false 498a, Dv etc. Brother we need to revolt against such idiotic biased law. I belive the people who made this law are females, if not then even less then a females, they are totally brainless, morons and jerks. The have made lakhs of innocent husband life like a hell. Its better to die once rather then dieing everyday. Brothers plz comment.

What shall we do to change this femine law, in which our mothers ans sisters are suffering too.

2 Like

Sunil (accountant)     14 May 2011

2nd International Antifeminist Congress, June 25, 2011

 

Last year, many radical feminists of that country threatened protests during this Conference. As men's rights Activists of India, we show our solidarity with this International effort to expose the dangerous mindset of feminist movement.

 

The 2nd International Antifeminist Congress takes place on Saturday, June 25, 2011, from 10am to 5pm at a location close to Zurich, Switzerland. Last year’s meeting (on October 23, 2010) was internationally the first meeting of this kind. The meeting was a big success and is to be considered as a historical achievement of the IGAF. The Interest Group Antifeminism (IGAF) is pleased to present you again this year an exciting line-up of international speakers. The selection of speakers covers a wide range of topics and promises to again make for an exciting congress day! 

 

On popular request, the program of the 2nd International Antifeminist Congress will include the opportunity to participate in open discussion groups. In the evening, after the official program, there will be a social event where all attendees are welcome to socialize and discuss in open groups. There is also the possibility to go and have dinner together.

 

Read full Press Release here.....(https://www.antifeminismus.ch/english/downloads/press-release-2nd-antifeminist-congress_180411.pdf)

1 Like

N.K.Assumi (Advocate)     14 May 2011

Thank you Sunil for the information.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     14 May 2011

Please send these good analysis to Chief Justice of India ,Prime Minister, Law Minister etc. for amending the laws and keep on sending reminder and then file RTI.They will definitely act on this

Deep (k)     14 May 2011

Good one.

Even I have so many questions about source of law (HMA) from where all these got created.

zimmerzapper (student)     14 May 2011

nice.

Arup (UNEMPLOYED)     15 May 2011

THANK YOU MR SUNIL,

PLEASE COME THIS FAMILY LAW SECTION REGULARLY.

WE NEED YOU.

Tajobsindia (Senior Partner )     15 May 2011

@ Author

1.
it is a fantastic write-up.


2.
Keep going as my friend in SIFF says " a man shall have fire in his tail to fight gender biased laws...:

Amen

**Victim** (job)     15 May 2011

Simply Awesome ! When all such cases were filed against me i was asking this simple question to indian government i.e. " Why does the Indian Government Formulate Wrong Laws? "..........great post Mr.Sunil..........stay tuned it will keep us inspired !

Sony Singh (Social)     15 May 2011

Sunil, this was a genuine post. This seems to be killing of a human slowly and with lot of pains. The Male Homicide can not be less cruel & inhuman than Female Foeticide. The laws are not seems to be made based upon equality but seems made to take revenge or teach a lesson to man / in laws for what had been happening to the women for last hundreds of years in the history. The so called women favouring law is not even good for women (which women don’t see) as on one woman's (wife) complaint many of the women got punished in husband's family. Secondly women are imposed to beg but in an honoured way in the name of compensation without performing any duty to the imposed donor husband. She don’t need to have disability certificate for such maintenance where as to get any pension / financial aid from government there must be a disability certificate (and compensation varies based upon % disability). The law has made this relation a business. Is today's woman so innocent! It's praiseworthy for husbands that they don’t opt to beg for compensation even if they don’t have to eat. There were men in the history who fought against injustice and social evils those were humiliating women. They stopped Sati Pratha and induced / favoured education for women and remarriage for widows. Today there is not a single voice from so called Strong Women of the nation against injustice to men. Today's women seem not to be equal but a power hogger.

Sunil many of people (especially women) may not feel comfortable with your post, but you have done a good analysis.

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     15 May 2011

 

I do not see here reaction from any of the militant females. This post is only one day old. Probably the women are waiting out there to enter. Or may be the title of the post is misleading. It only says wrong laws. They do not know that “wrong laws” mean here laws favoring them.

 Urban India is only 50 years behind the West. All laws in India are passed by predominantly male dominated Parliament and State Assemblies. Then why there is this mindset to adopt predominantly female oriented laws? Certainly this is not vote-bank politics. If at all, the number of male voters is more than that of females. Women are not a separate community like Muslims or the various castes. There is no vertical division in Society between the genders. Men and women live under the same roof. Whenever a woman is hurt her male blood relatives are also hurt. I had 5 sisters and no brother. Whenever any of my sisters was subjected to eve-teasing, it used to hurt me too.

 Actually the laws are not pro-women laws. They are pro-young women laws and anti-older women laws. Section125 of Cr.P.C. is not intended to protect wives only. It stipulates protection for mother also. But how many mothers have gone against their sons?  If a daughter-in-law commits suicide, the mother-in-law will be arrested. But if the mother-in-law commits suicide, will the daughter-in-law be arrested?

 All women’s organizations are made of women politicians, women socialites and women journalists. All, except the last, will be middle-aged women, many of them mothers-in-law. They will have one law in their house and another for public pronouncements. And the journalists will lack maturity and the capacity look at things dispassionately. Many of them will be unmarried or divorcees. Why men are not taken as members in organizations for women’s rights?

 I would like ask Mr.Sunil “Why  should it be called “Anti-feminist Congress”. The prefix “anti” denotes a bias.

 And even with all these pro-women laws fathers and mothers do not want daughters. They are destroyed at conception itself.

 

1 Like

Arup (UNEMPLOYED)     15 May 2011

.....  And even with all these pro-women laws  .....

 

---   IF ONE STUDIED THESE LAWS CAREFULLY HE MUST FOUND THAT THESE LAWS NOT 'WOMAN' CENTRIC BUT THE 'WIFE' CENTRIC.

---   TO AVOID THE HIT OF ART 15(1) COI, GOVERNMENT OF INDIA CLEAVERLY USE THE WORD WOMAN INSTEAD OF WIFE

A CHERISHED LEGAL PRINCIPAL IS THAT - WHICH YOU CAN NOT GET DIRECTLY, CAN NOT GET INDIRECTLY ALSO.

GOVT INDIRECTLY REACHING BENIFIT TO THE FEMALE SPOUSE AND REACHING HARM TO MALE SPOUSE. GOVT HAS NO RIGHT TO DO SO.

2 Like

Avnish Kaur (Consultant)     17 May 2011

VERY HIGH LEVEL OF INTELLIGENCE AND EDUCATION REQUIRED TO SEE PRACTICAL APPLICATION OF LAW.

LAW IS CREATED BY MP'S , MOST ARE  ILLETREATE , POORLY EDUCATED AND MORE INTERESTED ON BEING A DON , THAT IS TO USE POLITICS AS A MEANS OF LIVING.

ITS FOOLISHNESS TO EXPECT THEM MAKING CORRECT LAWS.

I WONDER WHY VERY FEW EDUCATED BRILLIANT PPL JOIN POLITICS .

2 Like

Arup (UNEMPLOYED)     17 May 2011

I WONDER WHY VERY FEW EDUCATED BRILLIANT PPL JOIN POLITICS .

 

---   corruption is the reason.


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