Men always dominates women, it is a very common allegation
against the Patriarchal society. But is it completely true? Are all the men who
are accused of humiliating women guilty? Are the Indian laws becomes a weapon
against the men? A good divorce lawyer in Kolkata
has mentioned “we cannot completely deny that the laws are not misused.
However, we try to stop the misuses”. In the post, we are going to discuss
certain laws and their impact that are wrongfully used against men.
There are three laws 498A, 304B of IPC and Domestic Violence
Act 2005, which are primarily present India to protect the interest of the
Indian married women. One of the major laws that are reported to be misused is
498A of IPC. This is an anti dowry law which is primarily came into effect to
protect the women from the domestic violence. As per the law, if any wife
lodges a complaint against her husband or in-laws then at once they will be
arrested under non-bail able charges. However, nowadays the women for legal
extortions from the in-laws are using this.
In a recent development, the supreme court of India has
issued an order against the automatic arrest under 498A. There are many states,
where the order has been circulated that in order to arrest a person under 498A
the police must take permission from the DCP or equivalent ranked officer. However, no one can guarantee that how much
the rules will be followed. One of the best civil lawyer in Kolkata
has mentioned that in case of violation of the judgment pronounced by Supreme
Court, the victims are requested to file complaints against the police under 41
and 41a CrPC. As per the data of National Crime Records Bureau (NCRB) only 15%
of the cases filed under 498A are being convicted. It proves that how the law
is used like a weapon against the Indian men.
One of the experienced advocates of high court has mentioned
that some of the judges also have a biased outlook and that reflects in their
verdict too. However, they failed to see that the women are using the laws as a
tool of extorting money from their husbands. In addition, it has been also seen
that the wives are blackmailing the husbands on the ground that they will file
case under 498A. The husbands in order to keep their prestige in the society
tolerate these inhuman activities of their wives. A NGO activist has mentioned,
“We appeal to these men to come out against the females who are misusing the
law”.
It is not only in case of the married man, but also there
are instances where the non-married men are harassed. It is commonly heard that
male live-in partner leaves the female partner. In such cases, the female
partner can go to the court against them, but in the opposite case, it is not
the same. A man have the same feelings as like their woman counterpart but in
case if a man will go to the police with a complaint against the partner’s
brutality may be mental or physical they will not even bother to the cases. Why
such disparity will be there in the judiciary?
In addition to bring more shame to the misuse of the law, it
has been seen that if the woman molests a man, nobody comes for a help. On the
contrary, if a woman is a victim of such molestation, all the police, court and
society stands with her. This is commendable, but the question is that in case
of the man why it will not be the same. It has been seen that in the countries
like US or UK or the others of Europe, the Indian laws related to the rape,
sexual harassment at workplace or domestic violence are shifted towards
women.
The time has come where the laws should be based on the
ranking of the crime but not on the gender of the criminal. On one side media,
social activists are shouting for the equal treatment for genders, on the other
hands the laws are made which are biased in nature. Thus it is needed that the
change must come not only in the enforcement of the law but also in the though
process of the people. If violence is committed against a person then the
gender should not be the barrier for him to get the justice.
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