Human rights abuse in India the guise of "Women Empowerment"

Honorable Members of the the National Human Rights Commission of India,

I wish to use the services of your esteemed Organisation to bring to the your notice gross and wide spread Human rights abuses taking place in India under the guise of "Women empowerment " by the unbridled and unchecked misuse of Anti Dowry law section 498A in India as an extrotion and a harrasment tool .The mail also highlights the biased nature and language of the other so called "Women Empowerment" laws in India .



Does penalizing innocent men, women, children and the elderly by false cases bring justice to genuinely abused women?

Does women's empowerment mean destroying family harmony & creating fatherless society?

Is protection of women's rights synonymous with gross violation of basic human rights of other men, women, children and the elderly?

The answer to all the above question is a big resounding NO!!! , but unfortunately this is what is being is done by the gender biased and draconian laws which are created by the government and are openly supported by Radical Agencies and our historic round table conference will be the first step in changing these laws.

Gender Equality in Modern India

India is already in the digital age. We pride in being called the third largest economy in the world and the hold the tag for the worlds largest democracy. We have to strive to achieve Gender Equality in order to compete, retain and progress towards being developed nation. However the current state of affairs at the micro level is pitiable towards Indian men. The prime reason behind this is the gross abuse of the very laws that were once created to protect women. Blatant misuse of draconian laws like IPC 498A and DV have caused havoc in the current Indian Society and are causing many families to break forever. These laws can be compared to a loaded and cocked gun with no safety mechanism and in the hands of an irresponsible user (wife or her relatives) can cause severe trauma and pain to the people whom used against. Even laws which are more civil like the Hindu Marriage Act are heavily in favor of women and always consider men to the culprit in any unhappy marriage . We would take you through the various nuances of these laws in the letter and explain their misuse.

Draconian laws in India

IPC 498A

· It took the British 10 years to arrest 5000 women (1937-47). Indian Government arrested above 85000 women (17 times) in just 3 years (2004 - 2006) that also without any evidence under section 498A. Women are themselves clearly suffering under these women protection laws.
· World Health Organization reported that Misuse of IPC Section 498A is the BIGGEST instrument for ELDER ABUSE in India.

NCRB Statistics on arrests under 498A
Arrested
Under
IPC 498a
Women
Men
Total
% of
Women
Arrested
2004
27832
97825
125657
22.1
2005
28745
98815
127560
22.5
2006
31253
105927
137180
22.8
2007 (estimating with 5%
increase over year 2006)
32815
111223
144039
22.8
Totals
1,20,645
4,13,790
5,34,436
22.6


Why is 498A causing such immense suffering to the innocents in India? Below are the causes.

Section 498A is an excellent shield in the hands of the truly suffering, it provides then instant relief and protection if used with the right intention. We use the words “truly” very carefully here because according to the statistics 98% of the 498A cases filed in India are FALSE. The abuse under this section has been phenomenal in the last 4 to 5 years. The government’s drive to bring out the truly suffering has badly misfired as it has actually brought out unscrupulous women who almost always influenced by their male relatives unleash wave after wave of “Legal Terrorism“ on the accused and then get away scot free. Although the so-called accused party almost always is released since the cases are mostly false to begin with, they are made to suffer by dealing with the Indian Police and Judiciary for 4 to 5 years, which is punishment in itself.

Also there is a very strong attempt by unscrupulous women to include all marital issues in the 498A basket somehow and to charge the husband and all his relatives with Dowry Harassment because it is only this law that has the capability to cause the most severe mental and physical harassment to the accused.

The very constitution of the law leads to its misuse. Let us go through the nuances and the draconian elements of the law one by one. We really cannot expect to give a loaded and cocked gun to an irresponsible user and then expect him not to fire it. Why give the women an unsafe law to begin with, and then expect them to be responsible and not use it?

Below are changes to the current provisions that must be debated in order to check abuse

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1) Just a simple complaint of Dowry harassment is enough for the police to arrest the accused. (Whereas even in a murder charge the police are bound to investigate the prima facie evidence before they can make any arrests.)

Recommendation: - No arrests without solid evidence that the crime has indeed been perpetrated. Just the verbal accusations and a sobbing woman should not be the basis for a CRIMINAL case to be registered. Police can however begin investigation and review the evidence provided at this stage. Arrests would need written permission and additional scrutiny from the senior police officials. The investigation must be completed and only if it proved beyond reasonable doubt that that indeed Dowry harassment of the magnitude mentioned in the 498A gidelines has occurred should a case is filed. In the same way arrests must be done only if it is proven beyond doubt that the case is indeed one of dowry harassment and not one of a women out to make a quick buck with her relatives.

2) The accused is proven guilty until proven innocent.

Recommendation: - In India, just the mention of “Dowry” from a wife of a well to do person or an NRI becomes a magnet for the police and the women’s cell and NGO’s. The word “Well to do” is of prime importance here because how many times have you come across a wife of a road side hawker or a bus conductor being helped by NCW or CAW or women’s cell .

These agencies all try to sympathize with the well to do wife and advise her not to waste any more time and file a 498A as soon as possible. Once the case filed the Indian Judiciary system itself becomes the woman’s henchmen and legal extortion starts. The recommendation here is to put the burden of proof on the accuser and not the accused.

3) The case is not compoundable.

Recommendation: - Although some states have made it compoundable most have not. Making it compoundable has its own disadvantages, it gives a chance for the Wife’s party to come for a compromise and demand an astronomical amount as “compromise money”. The various parties who normally get a cut of this amount are the relatives of the wife, Police, Judiciary and the Wife herself.

Some other amendments as mentioned below will down misuse

· Make Section 498A of IPC bailable

· Make Section 498A of IPC non-cognizable to prevent arrests of innocent citizens based on mere complaints unsubstantiated by evidence or investigation.

· No 498A, 1 year from the date of crime: This has become a tool for extortion as long as the husband is alive. There have been instances where the 498A case has been filed after the husband and wife split for 20 or more years. Why would a woman who claims to have been beaten and tortured for Dowry go to the Police station and complain after 6 to 7 years that I was beaten 7 years back, if it was not for motive to extort money or cause unnecessary harassment to family.

· No 498A after divorce: - Husband and wife have parted ways and the each has his and hers own happy lives. Pat comes the Police one day after 5 years of the divorce and arrest you and your family saying that your previous wife came to police station with a complaint that she was not given food to eat in the house 5 years ago!!!. This must not be allowed

· Marriage registration: - Register marriages through the women’s cell. Any marriages registered through the Woman’s cell would have the proof that no Dowry was ever demanded and paid and such wife’s should be barred from filing 498A cases

· Punishment for the false accusers :- Today where 98% of cases filed under 498A are found to be frivolous, there is no action taken against the false accusers. The FALSE accusers must get severe punishment and this must be publicized so that the other unscrupulous ones who are hiding under a Sati Savitri image by putting glycerin in their eyes get a warning that extortion racket like these will not work any more.

· Fast Track courts for 498A cases :- Why would a young man and young woman have to fight it out in the court for 5 painful years? This is the time when they are to build our country and take it forward. The sheer pain the family undergoes just to deal with the judicial system in phenomenal. Fast track courts must be set up to resolve these cases within 6 months, so that whatever judgment is given, it will quick and then the young people can go their ways

Below are some of the comments in the Judgments from our Honorable and Learned Judges that depict the misuse of this section. This proves beyond doubt that this law is responsible for unleashing LEGAL TERRORISIM against the innocent victims by the Wife.

1) Justice Shiv Narayan Dhingra in Jeevani Devi Versus State (Govt. of NCT of Delhi) in Crl.Appeal No. 749/2004 case :- “A failed marriage is not a crime however, the provisions of Section 498A are being used to convert failed marriages into a crime and the people are using this as tool to extract as much monetary benefit as possible. In many cases, where FIRs are filed under Section 498A IPC, petitions are being filed under Section 482 Cr.P.C. for quashing of FIRs after settlements between the parties and the allegations made of cruelties etc. are withdrawn the moment a lump sum payment is received. Involving each of the family members of the husband is another arm in the armory of the complainants of failed marriages. Not only close relatives but distant relatives and even neighbours are being implicated under Section 498A and other provisions of IPC in cases of failed marriages.


2) Para 19 of the report published as (2005) 6 SCC 281 Sushil Kumar Sharma vs. Union of India, the Hon’ble Supreme Court had rightly observed “But by misuse of the provision a new LEGAL TERRORISM can be unleashed. The provision is intended to be used as a shield and not as an assassin's weapon”


3) Hon'ble Mr. Justice J.D. Kapoor has stated in his landmark judgement CRL. R 462/2002 19.05.2003 that “To start with, marital offences under Sections 498A/406 IPC be made bailable.”

Domestic Violence Act

This is another law that was seen as the champion for women’s empowerment in India. But sadly this law has gone exactly the 498A way and has been more misused than used by the unscrupulous women out to make a quick profit or extract vengeance. These women have just used the Indian Police and Judiciary to unleash wave after wave of Legal Terrorism on the Innocent Indian Men and their families.


This is another women “specific” law. This is a law that can be used by a woman against a man’s family. Some of our recommendations to make this law “Gender Neutral” are as below. This way either party can take rightly take shelter under this law if they suffer from Domestic Violence.

In today’s times, gender violence is mainly against men only. Wife’s routinely threaten that they will create self inflicted wounds and then implicate all the husband’s family members in false harassment and physical torture case . In 30 % of case that we are getting every week, we counsel husbands and their family members whose wives threaten them of harming herself or commiting suicide, to get her unreasonable demands fulfilled . Husbands are regularly being locked in bathrooms, and their parents are asked to transfer houses to daughter-in-laws name. They are helpless, as they do not have any guts or any law to tell their torture to police or courts. They are instead booked in the name of protection of women from Domestic Violence Law (effective from Oct. 2006). Laws should be such that men can also seek protection under the law and come out in the open to speak about the torture they to face, without being asked under section 22 of DV to give extra unlimited compensation for mental cruelty to wife, apart from maintenance, house etc. Coupled with that the men don’t get custody or divorce and fighting 10 or 20 cases, mostly against the Govt.



Replace the word “Husband and Wife” with “Spouse” i.e. make the law gender neutral
Replace the word “Men and Women” with “Person”.
Government should make the provision for Shelter Home and other facility to the victim of Domestic Violence, as an interim relief.
Establish the Family Court without lawyers and the domestic disputes should be resolved in Family Court only.
In case it is found the complainant had not come to file the case with clean hands and has misused the law along with Judiciary / administrative authority, they should be punished and the fine amount should go to Government as revenue.
There should not be any direct compensation to the complainant, even if the offence is proved beyond reasonable doubt. The offender should be punished or fined and such fine amount should go to the Government Revenue only. The same should be used for the well fare of real victim of Domestic Violence collectively. There should not be any difference or discrimination of rich or poor people and between those having different facility. All should be treated as same standard. It has been noticed that the motove of extorting money is the prime reason that these laws are misused .
Husbands already having 498A/Divorce/CRPC125 or any such cases against against them and situations where the couple is not staying together and their cases are already pending in court, should not be charged with another DV case (This is total Violation of Indian Constitution of article 20 , where a accused can’t be punished twice for the same offence)
· WCD (Ministry of Women and Child Development) review committees should not consist of only those women committees with radical and extreme views. We seek that representatives of NGO's like GHRS and their associates, should always be included in this review committee for law making. This is to ensure that there is balance and sanity in the review of the law. Successful grandmothers who have themselves seen the full circle of life and judges who are well aware of misuse of such laws should be included in the review committee also
· Service providers in DV (Domestic Violence) Law should be neutral persons and made accountable for their actions to ensure justice for the greater good of society. Restricting service providers to women’s group’s activists and organizations is like asking the wolf to guard the sheep. These groups are not above temptation to extortion, blackmail and corruption. Besides, there must be a monitoring agency who will monitor their actions and penalize them for abuses Judges and officials should be neutral. They should be insulated from pressure and intimidation under the garb of gender sensitization.
Protect and follow Batra Vs Batra Supreme court Judgment. Do not throw old persons out of their own houses by accusing them of Domestic Violence under the DV Law.
Request a review for every new law by our learned judges who are well conversed on the misuse of such gender biased laws and proactively include organizations fighting for preventing misuse of women protection laws.
Remove section 19, that allows all men of costliest house a women lived anytime in past, to be thrown on roads, by saying potentiality of verbal abuse. Presently extra maintenance for renting same standard house is already given by 125 CrPC.
Remove the provision maintenance from DV Law under section 20 as there are already existing maintenance laws. People now are wasting time in fighting 3 maintenance cases. Or in case if one has asked for maintenance in 125 CrPC, maintenance under DV and HMA 24 should be automatically null and void. This is because both the husband and wife suffer due to multiplicity of cases and the lawyers take advantage of the situation. Duplication/multiple maintenance cases must be stopped. This is total abuse of not only to the natural justice system and duplication of law, this also happens to be the main motivation for filling false and fabricated case, to extort money from husbands family.
Remove section 22, money for mental trouble complaint since money is the prime motive to file false complaints.
Complainant women never have to sign in DV Law and this encourages false allegations. To hide this and other important facts from anyone reading the DV Law, elaborate arrangements have been made by the drafters of the DV Law. Women should sign the complaint, compulsorily.
As per rule 2006.14.5 a man is not even allowed to speak his point of view. Remove this, infact rewrite rule 14. This is a basic violation of Human Rights.
Plug loopholes that make it easy to illegally change the Domestic Incident report (DIR) in DV Law. Introduce a register to keep record of DIR.


Hon’ble Delhi High Court Judge R.K Gauba had observed the same in his landmark article Domestic Violence Law a recipe for disaster? in the practical lawyer. We salute his courage to take on the radical organisation’s agents in press. More can be found at:

http://www.ebc-india.com/practicallawyer/index.php?option=com_content&task=view&id=6962&Itemid=1

From Soli Sorabjee to the common man everyone has just criticized this act because of its loose wording and verbage that is totally biased against men.

We have recently submitted an 11 page memorandum about our suggestions and demands on the changes we recommend in the recently enacted domestic violence act.


Sexual Harassment Bill : Recommendations

The Act should be made applicable to all employees, irrespective of gender. The word woman should be replaced by the word employee in all appropriate places in the Draft Bill so as to render the proposed draft gender neutral.
No committee be formed unless to hear a specific complaint.
No remuneration, monetary or otherwise, be provided to the committee members or chairperson.
Instead of being gender biased and committed to the “cause of women”, the appointment of the Committee Chairperson and members should be on the basis of their integrity and their judicious approach.
No members, external to the employer organization, be allowed in the committee.
Any stipulation w.r.t. number of women in the Committee is unnecessary and makes a prejudiced assumption that only women are capable of arbitrating complaints. This, as well as the “commitment to the cause of women” is already addressed above.
Treating the offence of sexual harassment as a psychosocial offence, it is more important to focus on the presence of trained psychologists and behavioral therapists or at the very least managers trained in conducting fact based investigations on the panel as opposed to the number of women.
The powers of the committee and the appeals process should be specified unambiguously.
Monetary compensation should not be a part of conciliation proceedings. This would to a large extent help avoid potential for misuse and extortion. The perpetrator should be punished instead.
The complaint should be filed immediately on the occurrence of the alleged incident. Any complaint not filed within a stipulated time period (2 weeks) should be closely scrutinized for veracity before admission and the delay should be explained in writing by the complainant, to the satisfaction of the committee.
As prevalent in the western world, the Employer should bear the financial burden of the compensation ordered to the aggrieved person.
The committee should be divested of all powers to order any monetary compensation at any stage of the proceedings.
Mandatory action be taken against the complainant when the complaint is found to be frivolous or malicious.
Falsely accused person should have the right to pursue justice in a court of law, and claim appropriate redressal as remedy for the mental trauma, pain, suffering, emotional distress and social censure caused to the falsely accused person.
Section 11(4) should read as : “Provided that where the employer or the District Officer is not in agreement with any conclusion arrived at or recommendation made by the committee or the Local Committee, he may alter the conclusion or recommendation after recording the reasons of his disagreement in writing.
In the event the complainant or the respondent wishes to pursue the matter in the judiciary, the enquiry report be provided to the concerned party.
This act should be reviewed every 2 years to adjudicate its effectiveness and then re-ratified, failing which it should be deemed expired.

Other issues which bring out Gender Inequality

These issues mentioned below depict the gross in justice meted out to the Indian men in the name of “Women Empowerment”. Changes in the below section will not only bring gender equality in the society but also bring family harmony.
Child Custody: - For gender equality we want fathers should be given 50% child custody. Presently they hardly get any child custody.

Property Rights:- In India just as a husband has no rights in ancestral property of women, similarly a woman should have no rights in ancestral property of husband as she has equal rights in her ancestral property.

Divorce :- In India it is nearly impossible for a man to get divorce. This should change. There should be true gender equality. The Hon’ble Supreme court has already recommended adding irrevocable breakdown of marriage in Hindu Marriage Act. In fact after 7 years of separation, as a human right, divorce should be granted easily.

Income: - Men are not treated at par with women as far as maintenance laws like 125CrPC or Domestic Violence Law is concerned. They are basically treated as a free ATM Machine. They are losing houses also by Domestic Violence Law. So they are told clearly with all laws against them, they have to obey everything the wife or women says or get destroyed. Mother-in-laws routinely says crying that “my daughter in law forces us to do anything she wants, else threatens to send to jail etc. We are destroyed”. This is the current state of affairs when we hand over our society to empowered women.

Rape :- A Heinous crime no doubt, but the unscrupulous have not left out the misuse of this law also. Most Rape case occurs when a girl elopes with a boy, and then if parents do not agree for marriage, rape is booked. Sometimes rape is being used to settle score in business dealings. Who has not heard of women taking lift and then blackmailing for sexual harassment as a profession. Nowadays, demand is being made that rape should not have to do anything with sex. New proposal of NCW, supported by WCD suggests giving Rs 2 Lakhs to a woman alleging rape is totally wrong. Incentive of money to file complaints results in false complaints. If found guilty the perpetrator should be punished but no money should be given to the women as easy money would encourage false cases.

Indian family system :- The pride of India

If there is one thing we have and the west does not, then it is our family system. It is because of tightly knit families and family harmony that we produce such a huge pool of skilled knowledge workers who have now proven themselves all over the world. Why are we drafting laws to destroy this family system that has served us so well since thousands of years? Do we want to end up in a fatherless society like the west has? Do these laws not break up our existing family system and prove a roadblock in out global march forward? If nothing is done now to save the Indian family it will notbe too long when the entire fabric of the Indian value based society will be destroyed and things wll never be the same again. It is the government responsibility to protect the Indian Culture, heritage and to have a Gender neutral society where people are not judged by their Gender but by their values, honesty and Loyalty.



Please help us to save the pride of India, the Indian Family.


Thanking you,

Yours Sincerely,
Arnab