Archive for June 3rd, 2010

Justice on deathbed in India

June 3, 2010

The enforcement of gender biased Matrimonial laws like DV, 498a, 125Cr.Pc., divorce, child custody etc. has made Justice for husbands in India a mirage or delusion. These laws has completely hijacked the basic soul of Justice and turned Justice into a white collar mockery. The Government/legislatures has defied almost all the basic principles of Justice in framing & enforcing these laws to please a particular section of society in the name of empowerment. Here is the distortion of basic principles of Justice by Indian Government or legislatures:

 A)    Many guilty can be let off, in order to save one innocent.

Many are falsely implicated to facilitate one unscrupulous.

B)    Innocent till proven guilty

Just reverse, Guilty till proven innocence.

C)    Protection of Fundamental rights of individual.

Constitution of India allows special enforcement/provisions favoring special class may be on gender base.

D)    Justice to be done based only on Evidences.

Mere statement of presumed victim is enough.

E)     Accused reserves the right to defend

He has to defend himself only after arrest/jail.

F)     Right of equality & fairness.

Shadowed by pseudo empowerment of women

G)    Onus of proving his/her case is on the complainant.

Complainant is presumed victim, hence onus is on accused to prove complainant wrong.

H)    Justice delayed is justice denied

Delay necessary to force husband to succumb to one-sided compromise.

I)       Suppression of facts to be discouraged.

Sympathy & unduly pampering overrides suppression of facts.

J)       Conduct of party is of paramount importance

Question does not arises being presumption of victim/ weaker sex.

K)    The right to be heard by an unbiased authority

Special provisions in laws and presumption in society automatically forfeits  this right.

L)     Wrong doer must get  punishment.

How is it possible when wrong doer is presumed victim or weaker sex?

 

So, Isn’t Justice in India is on deathbed?

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