New LIVE Course: Learn the Practical Nuances of IPR Drafting by Adv. Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

quadri taher ali (Advocate)     13 December 2010

Domestic Violence Act-- Weapon of Harrasment?

Domestic Violence Act-- Weapon of Harrasment?

Hi, friends i am a new subscriber at this club. In my opinion, the recent law of Domestic Violence Act 2005 is a unecessary one for Indian Society because there are so many provisions for the benefit of women in Cr.P.C. as well as in I.P.C. Therefor the present Act is mostly seems to be unfare. I am a law student Plz disuss ur views.



Learning

 23 Replies


(Guest)

DV act  are indeed one of the worst malaise that  modern society has developed. Just look at the fact

 

1.  As per supreme court 95% cases are flase.

 

2. It is the one rule which is responsible to break most of the families.

 

3. Most of the accussed are law abiding citizens who never had bruise with law before.

 

4. It is like a weapon in the hand of terrorist.

 

More importantly Rajya sabha has invited its opinion on what modification should be done in 498A so that its misuse should be stopped -- please send your opinion before Dec 30th 2010.

Uma parameswaran (lawyer)     13 December 2010

It is only a beneficial legislation . Please read the Act fully and make comments.

3 Like

AAKANSHA (MANAGER)     13 December 2010

HI, CAN YOU GIVE ME THE UPDATE ON SECTION 498, B . LAW THAT SUPPORTS MEN , WHERE WOMEN TAKE UNDUE , MISUSE OF SECTION 498 A AND HARRASEMENT IS CAUSED IN TURN TO MEN AND THEIR FAMILIES.

PLS HELP

Avnish Kaur (Consultant)     13 December 2010

the act is beneficial but partly biased in favour of wives only , also it has been interpreted wrongly by some corrupt / idiots sitting in judiciary. also it has not been properly utilised by MILS and SILs. if these wrongls are corrected it is a very good law.

also interpreting law in a manner to make it long retroactive shows corrupt nature of judge interpreting it so. even this judge has been recommended for transfer for his corrupt nature ( taking payment thru relatives practising in court)

1 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     13 December 2010

This may be your personal opinion but not of the law makers and the lakhs of ladies who have got justice by implementation of the aforesaid Act. Had all other provisions of IPC and Cr. PC sufficient for the eradication of the harassment meted out to woman in Indian society, this Act might not have been framed.

3 Like

Bhartiya No. 1 (Nationalist)     13 December 2010

Aim of any law is used to be good and to benefit the society,  Only investigation agencies need urgent attention. It is sorry state that women are not  being benefited, still domestic violence against women is present in large scale. So,largely it is only on paper and is not be able to change the attitude and behavior of most of the husbands/men. 

2 Like

(Guest)

Raj,

You said this  may be his personnel opinion -- Can't you read there are already so many members on this thread who has already suppoorted?

And  who are this lakhss of ladies - -- ladies who file 498A  and who gets their husband and in laws arrested - out of which 95% ends of being false. When you said justice did you mean ability to put husband in Jail?

Or these lakh of ladies are women activists  who work in combat mode and they will not be pleased until the men are hanged on the first wish of women and who openly promote legal terrorism.

 

Sorry for wrting in this tone.. but your comments are outragous!!!!

Renuka Gupta ( Gender Researcher )     14 December 2010

Advocate Maakad's comments are very relevant. And yes women are being benefitted from this act. As well the awareness of this act has to reach to the nooks and corners of the country. The act is a very progressive measure. It should be effective implemented in places where till now protection officers have yet been not appointed. The act is there to remain for good.

(Guest)

RG -- that is your "personnel opinion".  Many people think  otherwise.

your wrote

'And yes woman are being benifuited' -- this is generalization-- people like you who are part of feminist organization we expected to say this.

Question here is not whether woman are getting benifited -- question is whether society is getting benifited . If it is zero or negative sum game it is definitely not desirable. For example even in dacoity  one person gets benifit -- the dacoit -- but is is not desirable

 

"The act is there to remain for good".    - Fortunatel;y woman legal terrorist activist are not  the authority and PAAP ka ghada  is getting FULL. Have you heard about Sipreme court saying that current DV is legal terrorism and Rajya SABHA  inviting public opinion on how current 498A should me amended.?
 

Sanket Sharma (AM)     14 December 2010

Do u have the statistics for,

1. Family united after 498A (Fake cases only- 95%)

     a.Family united for various reason- are they happy -percentage ?

     b.498A wifes are acchieved the purpose ?

2.how many 498a wifes are on the road

3.how many 498a wifes are today suffering

4.who is responsible for it - Parents/relatives/advocates/police

 

Sanket Sharma (AM)     14 December 2010

Do u have the statistics for, 1. Family united after 498A (Fake cases only- 95%) a.Family united for various reason- are they happy -percentage ? b.498A wifes are acchieved the purpose ? 2.how many 498a wifes are on the road 3.how many 498a wifes are today suffering 4.who is responsible for it - Parents/relatives/advocates/police

Sanket Sharma (AM)     14 December 2010

Do u have the statistics for,

1. Family united after 498A (Fake cases only- 95%)

a.Family united for various reason- are they happy -percentage ?

b.498A wifes are acchieved the purpose ?

2.how many 498a wifes are on the road

3.how many 498a wifes are today suffering

4.who is responsible for it - Parents/relatives/advocates/police

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     14 December 2010

 

There should be equilibrium in law and justice and its should not be gender biased.

 

Today women is claiming ,maintenance whether they have any real problem with their husband or not but they are claiming it as a matter of right and it becomes business now to earn easy money. Marry the rich person , do quarrel with them and then claim maintenance and alimony. When she is not ready to co-operate and take care of her husband and family then why she should get any maintenance/alimony. IT MUST BE STOPPED AND BE GIVEN ONLY IN DESERVING CASES WHERE HUSBAND IS GUILTY AND WIFE IS INNOCENT.IT WILL SAVE THE FAMILIES.

 

It is a jungle raj and  way to become rich on others money.

 

If husband has duty to maintain her wife then wife has also duty to take care of him and give love and affection. So there should be no maintenance at all for wife's who are just trying to enrich them by using this ANDHA KANOON.

 

 

Certain suggestions to preserve families and to save them:

 

          No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.

 

          No maintenance  and alimony in the 2nd marriage if she has got it in the first divorce.

 

          No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.

 

          Compulsory mediation for avoiding long legal battle.

 

          Law should be such that both husband and wife try to reconcile .

 

          Law should not be favoring anyone to ensure that marriages are saved.

 

        

      Domestic violence complaint / fir should be filed within 24 hours of alleged incidence in place of today's situation in which wife and her parents try to black mail the husband and his family to agree to their terms and if they do not agree then they file case even after many years.

 

 

DV Act must be applicable equally to men and women as today women is more aggressive and ill-treat, abuse, beat husbands and in-laws but the DV Act not applicable to them. It must cover wife's and their families to ensure equality and justice.

 

 

Limits provided in the Act for filing mutual consent Divorce after 1 year separation, desertion of 2 year,3 years for IRBM etc. should be removed and it should be only 3 months so both can start their life’s afresh.  When two persons can marry without any waiting period then there should be no waiting period for separation.

 

The most important thing is to fix time limit for completion of hearing and disposal of case in any court say 6 months only. The cases must be tried on fast track basis. The infrastructure of the legislative system should be strenght4ened and cases must be disposed off within 6 months.

 

For filing cases some minimum requirement of proofs etc. must be there and it should not be like this that for any small small issue anybody can go and file the case.

 

Specially for family matters pre-litigation mediation must be compulsory and the behavior/flexibility of each party in resolving the issue must be recorded and should be base of their case in future (if any).

 

Pre-neputal agreement should be made legal so husband and wife are aware before hand what they are going to get or loose if they part there ways and they should be allowed to take divorce on the terms mentioned in the agreement without going to court.  

Dowry law, Hindu Marriage law, Domestic violence Act etc. must be made equal for both husband and wife. Lacs of husband are suiciding because of these biased laws.

 

Bhartiya No. 1 (Nationalist)     14 December 2010

Law must be there to protect and safeguard the vulnerable and weaker section of the society. This law is an outcome to save women from cruel husbands/men, who consider their wives and womenfolk a mere slave and ill treat with them as per their whims and fancies.

Below is the news items which shows the graveness of the situation,

 

 

Husband gets seven years RI for trying to kill wife over dowry

 

13/12/2010

 

Kotdwara (Uttarakhand), Dec 13 (PTI) A local court here has awarded seven years of rigorous imprisonment to a man for trying to kill his wife over dowry.
The court also imposed a fine of Rs 50,000 on the accused Pramod Sharma, a resident of Himachal Pradesh, after finding him guilty for attempt to murder over dowry, prosecution said.
Besides, the court in its order earlier this week also directed Sharma to pay his wife Priyanka Rs 50,000 as compensation, they said.
According to prosecution, soon after the marriage, Pramod used to torture Priyanka for dowry. Fed up with his demands, she started to live with her parents and took admission in a nursing college at Khirshu town.
The incident occurred last year when Pramod came to Khirshu town and asked Priyanka to come back to him. But when Priyanka did not bow to his demands, infuriated Pramod stabbed her repeatedly and later tried to commit suicide.
Hearing Priyanka''s cries, people rushed to her rescue and admitted both of them to a government hospital.

 

https://news.in.msn.com/national/article.aspx?cp-documentid=4691680


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading