COMBAT Impunity Granted to Wives in Indian Legal System


The amended Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity, submitted to the United Nations Commission on Human Rights on 8 February 2005, defines impunity as: 

“the impossibility, de jure or de facto, of bringing the perpetrators of violations to account – whether in criminal, civil, administrative or disciplinary proceedings – since they are not subject to any inquiry that might lead to their being accused, arrested, tried and, if found guilty, sentenced to appropriate penalties, and to making reparations to their victims.”  

The First Principle of that same document states that: 

“Impunity arises from a failure by States to meet their obligations to investigate violations; to take appropriate measures in respect of the perpetrators, particularly in the area of justice, by ensuring that those suspected of criminal responsibility are prosecuted, tried and duly punished; to provide victims with effective remedies and to ensure that they receive reparation for the injuries suffered; to ensure the inalienable right to know the truth about violations; and to take other necessary steps to prevent a recurrence of violations.” 

In this background,and the naked truth that in INDIA almost all the Matrimonial Laws like Dowry Prohibition Law, 1983(IPC 498a), Maintenance Law(Cr.Pc. 125), Domestic Violence Act,2005, Child Custody & Divorce laws are highly misused being Gender Biased laws which are deliberately made in favour of wives in the name of upliftment of women. 

Besides, gender biased framework of these laws, these laws are so loosely drafted that these has legally granted impunity to wives to harass and sabotage the husband and their families by making false & frivolous complaints under these laws.  The wife is kept aloof of any penalty even if the complaint or case turned out to be false after a prolong trial. This impunity given under these laws to wives cannot be justified from any point of view and  it can be very well claimed that the upliftment of Women in India is being carried over at the cost of depressment of the Men which is a clear violation of human rights. 

The Official statistics below are enough to highlight these facts:

Official Statistics (Source: NCRB) Males Females
Suicide of MARRIED
persons (2005-2008)
2,23,167 1,18,345
SUICIDE Rate (Married) 65.35% 34.65%
One SUICIDE in Every 9.42 Mins 17.77 Mins
Number of MURDERS 26467 7952
One Murder in Every 19Mins 66Mins
No of 498a cases in 2006-2008 by N/A 1,39,058

 One married man commits suicide every 9 min 

 So, in order to combat this impunity granted to wives in INDIA it is a call to United Nations Commission on Human Rights to recognize this impunity and put sincere efforts to eradicate this gender human rights violation in India. 

At indian society level, the key to curb this impunity lies in spreading the  awareness on these gender biased laws and their misuse in the background & spirit of these quotes: 

Justice cannot be for one side alone, but must be for both…………..Eleanor Roosevelt  

Nobody can give you freedom. Nobody can give you equality or justice or anything. If you’re a man, you take it……….….Malcolm X 

The dead cannot cry out for justice; it is a duty of the living to do so for them. ……….. Lois McMaster Bujold________________

 

” So let us all join hands with NGOs like SIFF, AIMWA, GHRS, Protect India Family etc. to make these laws gender neutral and fight to eradicate the impunity to anyone in order to save the family system in INDIA “   

Truth about suicides in India

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1 Comment »

  1. 1
    Harish Says:

    very geniune demad count me on. Keep it up.


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