Posts Tagged ‘India’

Indian Youth and Gender Biased Laws ?

June 6, 2013

The youth is a soul of any Nation. Nation’s prosperity & development is heavily dependent on the contribution of its Youth in nation building. There be no doubt about their strength, power and capability. The youth are filled with tremendous energy and towering ambitions. It needs no spark for ignition. Youth is so primitive that can be moulded in either shape one wants but surely, it is also the reason for the both exploitation and utilization of youth in the destruction and construction of any nation respectively.

youth

India is second most populated country in the world and having tremendous youth power at its disposal but India, for long now, failed miserably to recognize and realize the true potential & capabilities of its huge youth asset. 

The young people in India today are confused and is under great pressure from out of challenges it is facing from each & every corner of its life be it, corruption, un-employment, limited opportunities, dirty politics, poverty, Alcoholism & drugs, anger & violence etc etc. these factors are playing big role in India’s major concern of brain drain. These factors are so deep rooted and complex that to overcome them seems impossible for the country like India.

However, one another major factor where India has “Axed its own Feet” and can easily be overcome is enforcement of gender biased laws.

Generally, every person marries in his prime age (youth) and in case of any trouble in marriage with gender biased matrimonial laws in place, these laws encourage the favoured side to be an unscrupulous litigant and the young energy & potential gets diverted to engaging and coming out of this Mess flying colours.

 A young Wife with an advantage of having matrimonial laws in her undue favour and in pursuit to be perceived as empowered women puts all her energy & potential to use these laws as tools of harassment & extortion against her husband & his family members. She leaves no stone unturned to inflict every kind of cruelty on her husband and becomes revengeful with motive of teaching him a good lesson.

Whereas, on the other hand, a young husband finds  himself  in a hot soup for atleast 10-15 years just because of gender biased matrimonial laws. He is forced to spend his golden years in fighting legal & vicious battle draining all his energy & potential.

youth wate

Why this is a major factor of waste of young energy?

Because, Gender Biased Matrimonial Laws have each and every family/home in its range and these biased laws are hitting the very root of our society i.e. family. Our young minds, energy and vibrant potential are being eaten up by these laws. The Young minds of India are busy in fighting the battle of their life because of these numerous gender biased laws.

Now, in this scenario, how can India be hopeful of being progressive ?

 ” A serious thought is needed at the level of Government with enough of political will to at least scrap the biasedness in matrimonial laws so as to save & utilize the what little of huge youth power it can to make India a progressive nation.”

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?

BIGGEST THREATS TO INDIA

July 8, 2010

India as democratic nation and viberant society has a history of  both external & internal threats to its soverignity and peace. Today, it has biggest threats from:

Forms of terrorism in India

Biggest Threats to India

Saving the Family/Marriage – an uphill task for Indian Men

July 7, 2010

Since the beginning of civilization, a Family, the smallest & fundamental social unit of society is serving the purpose of primary training ground for nurturing physiological, emotional, social and psychological  needs/strengths of an individual irrespective of his/her gender. As Family is a strongest pillar of a society & civilization, it needs strong bonds of ethics, values & morals to remain intact and meaningful. More so, because wherever, a group of people resides together some collision in thoughts and life style bounds to happen. Therefore, family values are important and should be cherished and nurtured. Love, support, friendship, and guidance are key qualities necessary to form a strong family bond. The nation/ society having strong family system can easily absorb any external or internal trouble/threats and it icons a true vibrant society.

             India was once known for it’s very strong Joint Family System, so practiced since from ancient times and strongly interwoven by ethics & values. The family was headed by an oldest person mainly Man ( however, in some parts of India by Female) who was having responsibility as well as authority to safeguard purpose and the key qualities of family bond alongwith passing on the ethics & values over to next generations. But the in-roads (in the name of so called development) of western culture, media, equality, rights, empowerment etc. in the society has shattered this concept of Indian joint family and the nuclear family system prevailed.  

The main supporter of nuclear families is young Women of today, as today’s 99% young women are only willing to have a nuclear family on the pretext of burden of household work, harassment, ill-treatment etc. in joint family but the truth is, it gives them an unrestricted freedom of their choice beyond any ethics, values and responsibilities. The mind of these young women is more influenced by the feminists propaganda than their own grand mothers and other old females in their family. This change in mindset of young women and the added fuel to this thinking by the Government and other feminist pressure groups in the name of empowerment and equality to women coupled with enforcing of gender biased laws is the main reason of breaking of families and joint family system in India.

However, in nuclear family system too, the responsibility to keep family intact solely lies on Man only, besides his legal commitment of fulfillment of all other needs of the family. So, marriage has became a double edged sword for Men in India and Men faces a tricky situation, firstly, if he chooses a nuclear family under pressure from his wife, he is accused of leaving his parents & kin and carries this guilt for life, besides this, it gives undue elevation to the unscrupulous wife’s moral to dictate her terms and ill designs. Further, wife once successful in separating her husband from his parents and breaking the in-law’s family doesn’t stop there but instead encouraged with her this achievement she continue to adapt this strategy to make her husband to bow to her any unlawful demand(monetary, personal or social) in future. Under the threat of legal tools especially designed for her by Indian Government, husband has to obey her because the legal impunity granted to wife in India is very much clear from what even the Apex legal authority i.e. Hon’ble Supreme Court of India has reiterated to the husbands of this country time and again that “Move left if your wife says so or move to right if she desire so”.

Secondly, if he doesn’t leave his parents (because he is the one who lived with them for 25-30 years and very well know their habits & nature and is the best judge among both parents & wife), his life can be made hell easily by his empowered and legally strengthened wife, who with motives to take revenge, to secure her future and to extort money from him not only tries to teach lesson to him but to many others in his family by implicating them in various false criminal cases like dowry, domestic violence etc. which are so gender biased that they can be set into motion merely on her complaint.

In this scenario and ever increasing lust for money and power in Indian society, it becomes impossible to strengthen the bonds of ethics & values in family and the key qualities necessary to form a strong family like love, support, friendship, and guidance looks a distant dream. But strangely & ironically, everybody(judiciary, society or Government) still expects from Man, who is already in such a hot soup with social as well as legal adversities all around to save family/marriage. The Man is panelized economically, emotionally, physically and socially for any failure of marriage/family as he is the one who is supposed to and is legally made responsible to save the family / marriage. Nobody be it society, Government, judiciary or police is giving any heed to his problems/pressures but continues to pamper women on the age-old beliefs & myths. So, the big question remains in front of him is  How to save family (may be joint or nuclear) or marriage ?  All the wild blames are directed towards him but his endless sufferings goes-by unnoticed. Moreover, in this bad situation, he is being alienated more & more by gender biased laws and the only solution that emerges for Man is to say NO to marriage itself. Is this what the society, Government or feminists want ?

The Truth about Lies in India

July 3, 2010

Telling lies or concocted stories are becoming a fashion among the young wives in India as these has been given such a legal value in Indian legal system that even a baseless lie or concocted story spelled out from a women can thrash/badly hit any individual or family in a very drastic way. This undue legal shielding to the lies of a particular section of society in the name of empowerment and the presumption of woman being always the victim is pathetic and is primarily responsible for misuse of any law made for upliftment of this section in INDIA besides

 Let us take some examples of laws/Acts intentionally made gender biased to favour the other gender on the plea of upliftment of that gender which are currently the most miused laws in INDIA :-

 IPC-498a

This is the only draconian law in whole of the Indian Penal Code, in which mere a statement (without any proof or investigation) from a wife is enough to book & send (as many as persons from in-law’s family she wants)  to jail in a criminal case, not only this but the accused is also presumed guilty until he proves his innocence. Because of it’s wide misuse this law has earned it’s various widely known names like “ A Legal tool for Extortion” and  “ A Legal Terrorism” etc..

 Domestic Violence Act,2005

Another Act that is being set in motion by unscrupulous wives to avail numerous reliefs(residence, monetary, protection etc.) from husbands on telling lies and concocted stories because of defined domestic violence in it and it’s nature of being available to only one specified gender, made this Act available for gross misuse.

 IPC 304B – Dowry Death

A stupid section in IPC under which a grave criminal case can be set in motion against any number of  persons from in-law’s family in the event of any unnatural death of married women within 7 years of marriage as it cover any death of a married women within 7 years of marriage. This wide coverage under the law invites unscrupulous elements with oblique motives(like extortion, threatening and revenge)  to misuse it.

 Maintenance Laws/Acts

A set of multiple laws available to wife to claim maintenance – their concurrent / parallel applicability on telling baseless lies & concocted stories, awarding of maintenance/interim maintenance under these laws on the only fact that couple is living separately and making a person entitled to maintenance while she is not discharging any matrimonial duties/responsibility and also living separately but entitled to lifestyle she was enjoying in her matrimonial home makes these laws most venerable to misuse.

 Child Custody Law

Yet another law, looks like delivering justice on the presumption that the child only has one natural guardian e.g. mother and father is only required to donate sperms for child birth and to support monetarily for all welfare of child, beyond this role, he is not capable of raising child well. While, mother is presumed to be capable of raising child better but that too on the money that she receives/seeks as maintenance for herself & child from father of that child. 

 Why rampant misuse of these Acts above?

  •  Loose & clumsily drafting of these laws.
  • No deterrent provided in these laws to stop lies, concocted stories or misuse of these laws.
  • Presumption of women being always and only Victim, overrules all logic, reasons & rationale.
  • No penalty to abuser of law, even after proving the case was false and was filed with malafide intentions.
  • The legal impunity granted to the wives in Indian legal System.
  • The great Indian judicial system known for the delay/time span it takes in delivery of justice.
  • The scope of extortion/corruption in these laws/acts
  • Involvement of money in each and every law above in the shape of maintenance.
  • The unjustified wide open scope of roping- in any number of persons in theses laws.
  • The scope of making money for law enforcing agencies(like police, CAW cells, judiciary etc.)

 Truth remains hidden or unrevealed until unless a proper and just scrutiny mechanism of the facts and an effective deterrent is made out in this regard but it seems that telling a lie and to concoct a false story is a special privilege granted to the women in India in the name of empowerment as they are enjoying numerous gender biased legislations so framed & enforced by government itself and these are, in a result, encouraging women to tell the lies and concocted stories in order to secure their oblique motives and unscrupulous desires.

 Above are only some of the examples, however, there is a long list of such gender biased laws which are wide open for misuse like law on rape, sexual assault(in making), divorce & alimony etc. etc.

 So, it can be easily inferred that in INDIA Truth has been intentionally and legally defeated and lies from women weighs highest.

Break the Shackles of Myths in India

June 7, 2010

Break the Shackles of Myths in India

Present family system in India

May 12, 2010
The enforcement of Gender biased matrimonial laws in INDIA has completely shattered the traditional family system. You want to see the implications of these laws on family system, here it is:

Today's Family System in India

An Appeal – NEED FOR NEW LAW TO CURB INIQUITY VIOLENCE IN INDIA

April 26, 2010

Analysis of political Wisdom of Indian Government

  • “to please a particular section of society for whatever may be the reasons (vote bank or power) in the name of Empowerment, the best policy is to give reservation or enact a new law to favor that section.”

This Wisdom of great rulers of world’s biggest democracy has encouraged me to write this post.

 _________________________

What is INIQUITY ?

1. Gross immorality or injustice; wickedness.

2. A grossly immoral act; a sin.

3. lack of justice or righteousness; wickedness; injustice

4. a wicked act; sin

Ever since, the gender biased matrimonial laws are enforced in India( like 498a in 1983, Domestic violence in 2006, Section 125 Cr.PC, Child Custody etc. ) there is sharp rise in Iniquity on both genders in the country because these laws are grossly misused rather than their use.

However, on countering this question of gross misuse of these gender biased laws  the Government & feminists always gives very lethargic and irresponsible justification that every law can be misused so such laws cannot be scrapped or amended. But here they close the eyes to naked fact about these Laws that they are mostly MISUSED rather than their USE and no other law in Indian law books is such an example.

What feminists & government claims on spirit of enacting these laws?

These laws are made to (so called) protect or (pseudo) empower women (only wife) in the country and as is used in Judicial terms (by most of Judges in country while refering 125 or DV cases) in India “These are benevolent piece of legislation for empowering women”.

What the wide spread misuse of these Laws/Acts highlights?

Beside promoting gender inequality, breaking of Indian family structure and injustice to men in India, these laws are not even coming true to their spirit & need of their enforcement.

IMPACT on first rationale :-

By invoking these ill-intentional & clumsily framed Acts, one women(wife) is on the contrary, causing the INIQUITY to more than 2 women(mother & sisters of husband) in India so where is the Protection or Empowerment to women (in masses)?

IMPACT on second rationale:-

How a Law whose object & reason of enactment is based only on gender biased view of empowering the women in INDIA and whose enforcement is causing INIQUITY to more women than providing protection or empowerment to only one women(wife) can be called “a benevolent piece of legislation” ?

So, isn’t the framing of these laws itself is ironical and pathetic ?

 IMPACT on Greate Indian Society

Rapidly growing Men’s rights organizations in India like SIFF, AIMWA, GHRS etc. are always warning Government on implications of misuse of these gender biased laws on Indian society but the government under the impulse of it’s above explained wisdom is not giving any heed to their warnings and now slowly but steadily, the impact of these laws on Indian society is becoming more & more visible in day to day life.

a) The number of matrimonial murders and matrimonial violence are increasing day by day;

b) The rate of rising of divorce is too inclining ;

c) The abuse of elders or sr. citizens is always high ;

d) The institution of marriage is converting into a blackmailing & profit making business;

e) The family structure in India is diminishing gradually;

Besides this, see how Indian Society which was an example to world for peace, patience and ethical values is transforming into a society of criminals and Government has played a major role of catalyst in it by framing these gender biased laws to please a particular section of society for votes & power:

In old days, the marriage was sacred ritual to become a member of a “JOINT FAMILY” and the ethical value system was preserved.

Then came the these gender biased laws with hidden message that Small Family means Prosperity and slowly the fashion of “NUCLEAR FAMILY” prevailed and Values and ethics of marriage started diminishing.

And now, after adding more and more such new laws, India is slowly moving toward the society of “NO FAMILY” which you can very well be termed as JUNGAL RAJ.

What this transformation leaving behind is unheard voices of innocent persons and families, who were/are falsely implicated in these laws over the years in order to extort money or to give revengeful bashings. The Iniquity being faced by these persons/families caused/causing multi-faced damages to their sense of being alive by tarnishing their honor and dignity besides subjecting them to emotional, economical and social violence on false& malafied pretext.

NEED of Hour – Appeal

In order to ensure no further degradation of Indian society and to eradicate the ever increasing INIQUITY to masses, the Government needs to act fast and should scrap all these on sided laws but then, as I said, Government is a victim of it’s own Wisdom. So, I appeal to the Government to atleast frame & enforce an INIQUITY VIOLENCE LAW on the analogy of Domestic Violence Act which should cover all types of violence(as covered in DV Act) one suffers on account of INIQUITY caused to him or her irrespective of gender.

The Object & Reasons for enactment of this law will be a benevolent piece of legislation for Innocents who are falsely implicated in criminal or civil cases and for empowerement of indian family system. I assure you that this will certainly play a real benevolent purpose for the society as a whole.

Jai Hind!

SHOAIB – A celebrity succumbed to false 498a

April 8, 2010

 Shoaib-Sania episode once again highlighted the very much debated (in low voices) the misuse of 498a in India and how gender biased this law is? The 498a, in this case has crossed the international boundaries and acclaimed the world attention. Even a celebrity who was available with all resources succumbed to 498a pressure in just 48 hours that is even when he and only he(not anyone of his family members were involved, which is contrary to maximum of 498a cases) was slapped with it. The questions in everyone’s mind left after this drama is :

How powerful this 498a is? and

How easily(on mere allegations by a wife), one spouse can dictate her terms on other spouse and extort huge amount(15 Crores -Refer Mid-Day report “Ayesha’s big problem” )?

When Celebrity can be subjected to such a pressure under 498a, what an innocent and poor or middle class husband living in a joint family goes through when he is slapped with a false 498a?

The 498a has been exposed in several ways to thinking minds:

Is a gender biased law.

• Marrying Indian girl is a criminal offence.

• No need to prove even marriage

• Place of marriage solemnized or registered does not matter.

• Recognizes no nationality-can be filed on a person of any nationality

• Knows no limitation period – can be filed by wife any years after leaving separately from husband

• Husband is guilty till proven innocent.

• Arrest threat is a great pressure to bring anyone to knees may be high rated celebrity.

• Open extortion in the name of settlement.

• Unilateral support & sympathy from police, government, media & society.

• Good legal tool in the hands of wives to extort money (as per her wish) from hubby without much of efforts.

• Risk & fear free terrorism can be inflicted on husband without even show her face.

I think these observations were the compelling reasons for Hon’ble Supreme Court of India to declare 498A as a “legal Terrorism”.

But then why the Indian legislature is sleeping?

The answer – May be waiting 498a to hit the doors of their own homes

From above, it can be safely concluded that it is a doctrine law in the category of TADA & POTA in India which are framed to curb terrorists.

I again left you with few questions :

“Do husbands (the biggest contributor to Indian economy) in INDIA are equitable to Terrorists” ?

“Is marrying an Indian girl is a criminal offence”?

MERA BHARAT MAHAN !