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Gender Researcher

Man fighting for harassed husbands fined 1L by HC  


AHMEDABAD: The Gujarat HC on Thursday slapped a penalty of Rs 1 lakh on Dashrath Devda, president of Akhil Bharatiya Patni Atyachar Virodhi Sangh for protesting against alleged misuse of domestic violence laws. A division bench fined him for filing frivolous PIL and for wasting court's time. 

Devda had approached the HC by way of filing a PIL demanding judicial interference in the alleged misuse of protection laws for women. He was demanding a protection in legislation for men, who are according to him henpecked by their wives. 

Devda has been claiming that women have abused the laws, which are in favour of them, but certain protection for men is also required against the misuse of the legislation. He filed this PIL, which came up for hearing before a division bench. When Devda began arguments as party-in-person, the court asked him to withdraw his PIL because his demand was to amend the legislation. Refusing to pay any attention to what the court was hinting at, Devda continued to argue how women in this country are worshipped, and no law is required for their protection. However, the chief justice repeatedly asked him to withdraw the PIL. 

Ultimately, the court imposed a fine of Rs 1 lakh on Devda and asked him to pay the money to the Self Employed Women's Association — an NGO working for women empowerment. The court has directed Devda to pay the amount of penalty within two months. 

Devda and members of his association often stage demonstrations and take out rallies in the city in protest against the domestic violence laws. They also help men in court proceedings, who face charges of domestic violence from their spouses. In this PIL also, Devda tried to assert their views that different pieces of legislation favouring women are misused, and ultimate sufferers are the family members. The association has been protesting against anti-dowry law of Section 498A of IPC, alimony related provisions in Section 125 of CrPC and the Protection of Women from Domestic Violence Act.

 Man fighting for harassed husbands fined 1L by HC - The Times of India http://timesofindia.indiatimes.com/city/ahmedabad/Man-fighting-for-harassed-husbands-fined-1L-by-HC/articleshow/6991947.cms#ixzz16PQInIUZ

 
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Nationalist

Good decision.

 

People are going by cheap populist views, and a hype is being created to malign the image of Indian Women/wives, to deny their rights. False propaganda of misuse is being spread.

It is the godesses made of clay and stones are being worshipped, not the real one, who are being thrown out of their houses..

 
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translator

I think the judge was abusing his powers. If a PIL is filed, it should be judged on its merits. If necessary it may be dismissed. Why should the applicant be forced to withdraw his own petition? What is this NGO that this judge is trying to patronise?

There is nowadays a consensus that the dowry laws and the DV laws are being misused. It is greedy and worthless women who have created this perception.

It is stupid to pretend that women are goddesses. The right approach is that both women and men are equal and both should work hard for their own progress and the development of the society.

Vishwa


Total likes : 3 times

 
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Gender Researcher

To know  about SEWA  NGO please click the following link:

http://www.sewa.org/

 
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Advocate

Domestic Violence act is a draconian law which is totally biased towards womenwhen constitution enshrines principles of equality the DV act should be amended. Furthermore 1 Lakh fine is to much ! recently Hon'ble Supreme court also observed the excess of Domestic Volence act and also commented on the person who whe instrumental in draftin the said act. PIL has to be gone on merits instead of dimissing the PIL in the very threshol of admission itself.


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Advocate

Do you know what is Domestice Violence Act and the provisions in it ?


Total likes : 1 times

 
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propra

Good decision......

 

I feel that HC's time more pricy and costly....1 lacs seems to be a price after a lot of discount and condonation.

 


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Senior Partner

When it comes to wives they can very well go ahead to change legislation, remember how Hon'ble  SC recommended to add S. 302 along with S. 304b !!


But when it comes to men's issues they show their helplessness in recommending any amendments in legislation.


So much for the gender neutral constitution of India 


Jai hon mera Judiciary mahan !

 


Total likes : 2 times

 
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Very good decision indeed.  The court's time is very valuable.  The petitioner was repeatedly advised not to ask the relief, which the court cannot give and whatever the petitioner was asking falls within the domain of "legislative functioning" and the Parliament only can give such relief.  But thick headed people continue to argue in the court despite the court's advice and create obstruction in administration of justice, they have to be penalized and if penalty is not enough they shall be sent to behind the bars for disrespecting the courts of law and creating obstructions in administration of justice. 

The very supreme court which said that there was misuse of divorce laws also said that the husbands and in-laws were going scot free under Section 304-B and instructed the police to add charge even under Section 302, if there is dowry death.  That gives the scope to the prosecution, if they fail to prove the proximity between the death of wife and demand of dowry immediately before the death of wife, now, after inclusion of Section 302, the accused can be tried for murder.  some of the members, who repeatedly posted on various threads about theSC's observations on misuse of dowry laws, "legal terrorism" etc. are totally silent when the Supreme Court passionately describes the plight of the young married women and the injustices they met in the matrimonial home by husband and in-laws.

Now the male prejudiced people started to criticise even the Domestic Violence Act along with Section 498-A, which has been under operation in hundreds of countries in all the continents. The world is recognizing that it has not treated fairly with the female population and hence Domestic Violence Act has been brought into force in several countries.  India is not exception.  It has not treated its male population unfairly by bringing Domestic violence Act.  If some of the Indian males want special privileges to treat the female population with utmost cruelty in the name of religion and culture, sorry, the will not be possible.  The Indian male does not get rest and go on to protest against such protective law, which provides shelter, bare necessity compensation and medical expenses to the wronged wife.  Some of the indian male want permission to continue to harass the women physically, mentally and econimically.  That is why they are protesting the above Gujarat HC judgement.  I advise them to go to appeal against this order in the Supreme Court and get higher penalty with their pestering and untolerable attitude and if the matter is listed before some Supreme Court Judges, they may also face the threat of imprisonment. 


Total likes : 2 times

 
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Senior Partner

Men should not be afraid of the judiciary or the meaningless orders they give with respect to alimony and maintenance in cases where wife is found to be working and earning almost  equal to her husband income. Several men I know happily went to civil prison on expenses of diet money from their wives for refusing to pay maintenance and came back happier when wife refused to pay civil imprisonment cost to warden.


Do anything, but don't pay a single penny to 'urban' legal terrorists who patronize "legal rape" on husband and his side of family. Let the judiciary know that Indian men and their families are not afraid of jail, comtempt of court, or prolonged legal battles etc. etc. and let her hair turn grey begging before various Courts inspite of working and earning an income. Compensation cost for what if we talk of gender equality ????? 
 

 

Alimony promotes idleness, which leads to obesity and related health problems in women.


If Indian urban women want 'size zero'......they should, get a job and start working and pay maintanence to their husbands for all the good things they had done to them,besides these it robs Indian urban husband who pays pension to wife of his mistake of marrying her !

 


Total likes : 2 times

 
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