Posts Tagged ‘gender biased’

Proposed IrBM amendments to Marriage Act – A MIRROR INTO THE WISDOM OF INDIA’S TOP – LAW MINISTRY

May 2, 2013

Complete Bankruptcy of Legal & Judicious Wisdom and  analysis: 

Indian route to Business Model

Indian route to Business Model

By drafting IrBM, which would make “WIFE” (and only wife) entitled to 50% share in all kind of immovable and movable earnings, properties including ancestral property, assets  etc. of her husband in the event of divorce is glaring example to show the bankruptcy of legal & judicious wisdom of Indian law making system. The Law ministry while recommending these amendments have totally overlooked/forget the following basic fundamental facts  :-

  • That  All matrimonial laws in India are Gender Biased(against husband).
  • That  India survives on it’s robust and one of it’s kind “the Family System”.
  • That Marriage in India is a sacred ritual & contract and when monetary      angle comes in(like dowry-to which government recognizes  it as “Menace”) the institution of  marriage breaks down be it from any side.
  • That Divorce is a “Failed Marriage” and failed marriage is not a “Crime”.
  • That Woman does not mean “Only Wife” in whole of the world.
  • That the mother, sister, aunt etc. in the family of husband are Women and has   their  BIRTH RIGHTS in ancestral or  joint property besides all other male members of the family.
  • That to be a Husband in INDIA is not an  act of violating the “will of humanity”.
  • That  the  “Husband” and only husband cannot      be used as tool  in the name of  rights to woman  on account of government’s own  failures like for failed protection  & security, dignity, respect,  livelihood, financial health, assets, assaults, health,   eprivation, employment  &  poverty etc.
  • That  the legislation is drafted by none other than the persons who are      “non-practising law” or even typical Indian Babus who had no analysis of practical   implications of this legislation outside the comfortable  “AC Rooms” of offices of Ministry.
  • That a Contested Divorce – a decree in favour of wife/husband only after      completing legal and judicial process wherein wrong doing party is legally      proved then firstly, why to “incentivize” the wrong doing person in the      name of subsistence to live………. and again now  through this proposal to have 50% share      in hard earned properties and assets over the years by not only husband   but by his forefathers too….?
  • That Proposed amendments are nothing but a lucrative legal business model to be  wealthy without any risk or responsibility for unscrupulous wives.
  • That   these provisions would be responsible for steep raise in the graph of      divorce cases in India out of lust for wealth and will solicit and promote      squandering and splattering on the part of woman.
  • That votes in 2014 election could not be garnered through another such a      terrible skewed legislation which will shake the very root of Family System      in India.

 THERE IS STILL TIME TO THINK AND USE YOUR VALUABLE WISDOM……………..RISE ABOVE THE “VOTE BANK POLITICS” ……… IT CAN BACK FIRE !!!!!!!!!

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By -the-Way, WHO IS WIFE IN A MATRIMONY ?

December 5, 2010

THE MARRIAGE is an institution having only 2 pillars of it i.e HUSBAND and WIFE.The Indian Legal system has very much clearly defined the husband’s role,duties & responsibilities in a matrimony through various gender biased laws. It’s my little effort to summarise the same for your perusal:

HUSBAND (Legally in India)

a) a male above 21 years of age In Marriage

b) Legally barred to take any dowry before, at the time or after the marriage.

c) Legally responsible to maintain his wife & children economically, pschycologically,socially, physically and emotionally.

d) Legally bound to provide protection to wife & children

e) Legally bound to provide residence & life style of his status to wife .

f) Legally barred to do any crulaity on wife or children

g) Leaglly barred of any domestic violence on wife.

h) Legally bound to make his wife happy biologically(sex).

i) Legally barred of any adultary inside or outside marriage.

j) Legally barred from marital rape.

k) Legally responsible to maintain his parents as well.

l) Legally responsible for any unantural death of his wife within 7 years of marriage. even after Divorce

m) Legally responsible to provide ailimony for easy life of his ex.till her remaining life or she remarries.

n) Legally responsible to provide maintenance to his children till they attain maturity age or in case of girl, her marriage.

WIFE (Legally in India)

and now let’s talk about Wife’s responsibilities or role ? Is it defined anywhere in any law or act ? NO The only thing defined (in nutshell) about wife is “Any girl/women above 18 years, legally married to a Man” that’s all. So WHO IS WIFE ?

Is this institution of marriage in India is any way FAIR to a HUSBAND ?

Don’t you agree that every indian matrimonial laws needs clear defination of the “Wife” i.e WHO IS WIFE ? WHAT IS THE ROLE of WIFE IN A MATRIMONY? and WHAT ARE THE RESPOSIBILITIES OR DUTIES OF WIFE ?

Isn’t it must, so that the abundance of rights bestowed to a WIFE in Indian Legal System, in the name of women Empowerment could be JUSTIFIED ANYHOW ?

Protection of Women from Domestic Violence Act,2005 – A complete eyewash by feminists.

July 31, 2010

In the era of gender biased Acts and laws viz. 498a,DV,CrPC 125, Divorce, Child custody, Dowry Death, sexual harassment etc. in India when Men’s organisations like SIF demands for any genuine amendment, penalty clauses for misuse in these gender biased laws or  making these laws gender neutral everyone right from government, judiciary & feminists use to put forth an argument that the affected persons or cases are very few and far and small affecting section of persons cannot be the base for any amendment or framing of any new gender neutral laws.

Come, let us postmortem their argument .

However, when the feminists and government (for free funding & power respectively) desired  to frame a gender biased law in the name of protection to women from domestic violence, they have acted contrary to their above argument and enforced a very clumsily drafted gender biased law called “ Protection of women from Domestic Violence Act,2005”. In this title of Act, everybody be it Government, feminists, society or legal fraternity should give importance to the two most important words i.e  “Woman” & “Domestic Violence”.

No one can deny that, Mother-in-Laws, sister-in laws and other females in husband’s family are too Women and besides living in a Domestic relationship also forms a big section of women in society.

So either this Act should have been named as “Protection of Wife from Domestic Violence” or all women in domestic relation including Mother-in-law, Sister-in-law & other females in husband’s family should be given protection under this Act.

Then the Big question remains, why this Act is named as Protection of Women from Domestic Violence ?

The truth is, this is done just to maligning the perception of society & government by falsely showing/projecting a broad coverage under this Act and to maliciously justifying the protection need to a larger section of society by way of this most clumsily and ill intentionally framed Law. This Act bears the name as if this Act is meant to provide protection to all women in India(i.e 48-50%population).

“Whereas, in India, almost 48-50 % is the total women population out of which if we exclude unmarried girls, old aged women, mother-in laws and sister-in-laws (which are not covered under this Act) I am sure this Act is made to protect only 10-20 % of women in the society. Whereas the misuse of this Act can very well drastically affect almost 80 % of total society.”

So, How justifiable is the wisdom of our Government or law makers ?

When a special Act(PWDVA) which lacks the balance of natural justice and is direct violative of fundamental right of life & liberty can be enforced for fairly very small section of society, why not, any genuine amendment, penalty clause for misuse or new law can be framed as is being demanded by the Men’s organization SIF?

No, India can’t be a dowry free State

May 24, 2010

Many decades has been passed since  enforcing of Dowry Prohibition Act,1961, in India but still it is claimed by the NCW and Government that Dowry menace is ever increasing in the society as the cases registered under this Act is increasing. The NCW & Government needs introspection here about their stats and wisdom.

If it’s so, then Why India is not able to eliminate this dowry menace from it’s society ?. Here, I have the answer:

India can’t be a dowry free State

  1. Until National Commission for Women(NCW) is close down or disoriented.
  2. Until Country is not forced to be run by feminists.
  3. Until legislatures change their feministic view about family & marriage matters.
  4. Until Courts realize their duty to take cognizance of Perjury (if any) against parents of bride.
  5. Until the dowry givers are punished.
  6. Until  the  IPC 498a is scraped.
  7. Until  the word “dowry”  is used for every trouble caused to a woman.
  8. Until every death of married women is termed as Dowry Death.
  9. Until  unscrupulous women are entitled for  maintenance.
  10. Until child custody is primarily the right of woman.
  11. Until Domestic violence is attributed only to husband.
  12. Until matrimonial laws are gender biased.
  13. Until Woman Empowerment is done at the cost of womanhood.
  14. Until false allegations has edge over truth legally.
  15. Until  Men Welfare Ministry is formed.
  16. Until the existence of  myth that India is a male dominating society.

And also

Until a true gender neutral  study & research is done on violence in family & matrimonial matters.

Am I Wrong ?

IPC 498A- a Social Evil at par with “SATI “of Indian Society

May 16, 2010

On reading this caption, the first question comes to everyone’s mind is Why ? Let us find out the answer:

 Social evils in Indian society or for that matter in any society is not a new phrase and India is fighting since long to eradicate the prevalent social evils in it’s society like Poverty, castism, dowry, child abuse etc. However, India successfully eradicated some of worst form of social evils previously prevailing in it’s society like Sati  & untouchability with the help of immense efforts made to spread awareness in society by Raja Ram Mohan Rai and Mahatama Gandhi.

 But when it came to Dowry System instead of changing the mindset in society by bringing in enough awareness, the Government has laid stress(under pressure from vested interests of NCW and WCD, radical feminists etc.) on using gender biased civil & criminal laws to curb this practice along with others relating to women. The Government in this process has mixed this social evil eradication with Women Empowerment which paved the way of gender differentiation in Indian judicial system and almost all the matrimonial laws or the laws of marriage in India are made gender biased favoring women which is resulting in gross misuse of these laws.

 The enforcement of these gender biased laws has created a complete chaos in family system and society. Now take the example of dowry system, the criminal laws made to eradicate this practice has instead of curbing the dowry practice has added yet another Social Evil – the IPC 498A. How? Just see the comparison of it with “Sati” pratha:

 

 

“SATI” Pratha

False IPC 498A

1.

Was based on a traditional belief and ethics in Society

Created and promoted by the Government of India and radical feminists. It is taking upthe shape of  a tradition on the part of young empowered wives.

2.

Was practiced only on death of a husband.  

May start any time after marriage and many deaths could occur till the completion of it’s trial.

3.

Was prone to any kind of misuse  

  

Being gender biased it is wide open for misuse of any kind  on account of women by making false and frivolous complaints & allegations on husband & in-laws

4.

A woman was forced to burn to death in the flames of her husband’s funeral

Husband & in-laws forced to face death each moment they for their whole remaining life

5.

Atrocity came to end with heinous & tragic death of  wife

Atrocities like physical, mental, emotional, economical and social harassment begins for the whole life of husband & in-laws and they caught  entangled in a condition where it is neither life nor death to them. The loss of dignity, honor & humiliation many a times results in many deaths in in-laws & husband’s family.

  

6.

Was considered as a honorable sacrifice by wife. Husband and in-laws are portrayed as inhuman, criminals & monsters in society. 

7.

Was having no financial dimension An open and legalized extortion tool. 

8.

Was a bad, cruel and condemnable tradition underlying thinking that wife be free from all miseries in future without her husband Is more condemnable and cruel being a legal terrorism.

9

Was a social evil effecting relatively (as compared to IPC 498A) small section of society.

So easy to misuse that it is effecting whole society at large by propagating breaking of family system and criminalization of marriage system.

 So, after this annotated comparison, I am sure you are now somewhat convinced that YES,  IPC-498A is a SOCIAL EVIL in India practiced & propagated  by Wives ,Government, Judiciary & Police in India.

But then, larger question remains  that why not Government Scrapes this IPC 498a  ? Is it still awaiting some more social reformist like Raja Ram Mohan Rai Or Mahatma Gandhi to eradicate this social evil, the child of their own misqued wisdom?

 

“ JAI HIND”