Posts Tagged ‘justice’

Why Blame Constitution of India for Gender Biased Laws?

July 3, 2010

It is now wide spread that India is country of gender Biased Laws especially when it comes to matrimonial matters. Any matrimonial dispute in India is now seen as a criminal offence and the courts & police has been allowed to peep into the bedroom of couple & family by the Government of India. The argument put forth by Government or judiciary for creating this gender imbalance in country, is that Constitution of India allows special provisions for special category. Yes, it is true but what about enacting special provisions for special category by oppressing other category’s basic & fundamental rights?, definitely it was not the spirit of our Constitution.  Special provisions can be made for a special category in society to uplift that category by providing economical, educational, social or infrastructural benefits, but to grant legal impunity or undue benefits to someone on account of being special category is surely defeats the purpose of justice itself and this is the trend that Indian Government is following.

In this process, the Government has put on stake the very basic unit of it’s society i.e. the family, which was once, the pride of belonging to an Indian society has now been turned into a  sense of guilty(of being wife beater or dowry seeker) by enforcing more & more gender biased laws which Constitution of India never envisaged. It’s simply a power & vote bank game for Government alongwith getting easy foreign funding on concocted figures and stats. This appeasement of a section of society on gender base by turning blind eye to the other section which as a result gets oppressed has created a dangerous imbalance in gender equality in nation. The Government in this regard, has forgotten that with any individual of a particular gender there are many others connected /dependents of opposite gender. So, covering one in special category to provide undue benefit automatically makes many others discarded of same gender.

The Government of India, under the pressure of radical feminists and  to secure  vote bank has over the years evolved many legal tools to oppress husbands/males in India. These legal tools are not only drafted & enacted clumsily & skewed eyed but are also responsible for promoting & propagating such social evils which were never being the part of Indian society. These  enactments has given legal licences to the unscrupulous elements in society to play with judicial system & laws. Here are some legal tools in the hands of unscrupulous women which are on rampant cruel use in Indian society:

  • IPC 498a(Legal tool to extort, abuse &  harass husband, in-laws, their whole family and any near & dear ones)

  • Domestic Violence Act(Civil cum criminal tool to enjoy all rights despite of being erroneous)

  • CrPC 125(tool for monetary support to keep the husband busy in Courts)

  • IPC 497( legal tool to enjoy adultery yet to take revange from Man)

  • HMA 24(another tool to remain idle on husband’s money )

  • Alimony(tool to make monetary arrangement to lead lavish & Care-free life)

Here it is to be realized that the Constitution of India assures its citizens of justice, equality, and liberty and to promote among them all fraternity and  It lays down the framework defining fundamental political principles, establishing the structure, procedures, powers and duties, of the government and spells out the fundamental rights, directive principles and duties of citizens. But Indian Governments rather than discharging its duties of tackling social & other problems through its machinery & resources  is seems to be panelizing & oppressing one section of society on gender base by entangling and throwing all &every responsibility/blame on that section . The end result is  that India no more can be called a “Welfare State”. These laws( legal tools) has made India a nation where Innocents are suffering and are crying for justice but judiciary is tossing onus on legislations and both are passing it to the Constitution of India, forgetting that Constitution of India has not given authority to anyone to oppress more than 50% (male) population of the society for the sake of pseudo women empowerment or women upliftment.

Now, India has reached at a stage, where the Government & judiciary should stop making excuse of Constitution of India  and should realize their duty of safeguarding the true  spirit of Constitution of India in order to prevent further public unrest or Jungle Raj.

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?

“WOMEN EMPOWERMENT” at the cost of “WOMANHOOD” – NOT ACCEPTABLE

May 5, 2010

The nature(GOD) has made man & woman mutually interdependent on each other to be  complete as a being “A Human”. Man as well as woman was blessed with equally important & different physiology & roles to play in His created world and to strike a balance in His creation He blessed both with different qualities and strengths.

He given Role of mother to woman while a role of father to man by bestowing true womanhood qualities like endurance, nurturing, elegance, poise, sharing, forbearance, loving & caring to woman while rational thinking, toughness, compassion, justice  & stableness   to man. 

"THE WOMANHOOD"

Mother’s these divine qualities shapes the emotional and internal strengths of a child while father’s qualities builds his capabilities of being successful in practical world. Both male & female were happily playing their respective roles in making of a family and society thereof since the evolution of human race on this planet earth.

But then & quite recently, some women(radical feminists) by forming groups out of

  • genuine atrocities on some women
  • boredom from their roles
  • shirk from their responsibilities
  • lured by freedom in outside world and power of money

has came with the slogan of “Women Empowerment” with justification that the women are under privileged or oppressed of their equal rights in society from ancient times and many atrocities are carried out on women on pretext of weaker sex.

The solution that this concept of Woman Empowerment has put forward initially was “to give woman equal rights i.e. at par with man in the sphere of activity which was otherwise in the domain of male i.e. earn the bread for family or self ” but it isn’t stop here, instead, ignoring & forgetting about the roles/qualities entrusted by the nature (GOD), they keep on pushing it ahead and now they have turned it into a mad race of equality with man in each & every sphere of activity i.e. whatsoever man can do, woman has equal right of doing it except for delivering a child  which is again constrained by nature only.

As remedy to enforce these rights they managed to persuade the government(who had their own vested interest of votebank etc,) to frame & enforce gender biased laws to settle family and matrimonial issues one sidedly  alongwith declaring woman as a special oppressed category for centuries which needs reservation for upliftment. Though, they achieved this success only by exploiting the male sentiments(in government as well as in society) towards female as he being given birth by a female(mother) and his brought up companion (sister) is a female but the irony in enforcing these gender biased laws is that these law are only meant for woman’s one role in society i.e  only Wife.

 However, larger question remains, what has been achieved by this kind of Women Empowerment or mad race ?

  • Women is loosing her existence, means, the  “essence” of womanhood in the physical, mental, intellectual and the spiritual sense and is depriving of the divine qualities gifted by nature to her in the name of empowerment of women and is turning into a human robots functional with gender biased laws & reservation.
  • The gender balance that was earlier maintained by nature has been made to tilt in favor of women(a special role of wife) which in turns resulting in misuse of this empowerment and creating a social chaos in society.
  • Social fabric woven with relationship and responsibilities of male & female and strengthen with family system is at the brink of completely broken.
  • The sacred institution of marriage has been turned into a gender battlefield with unwanted role of police, judiciary and political interfance

So called Empowered Woman

So, Is today’s Women Empowerment really is an Empowerment of  Women or on the contrary, is killing the divine womanhood ?

            Definitely it cannot be called an empowerment of a women but is responsible for making the society, a society without ethics & values and family, a family without divine qualities of loving caring & sharing and the womanhood is silently suffering at the hands of this pseudo empowerment .

____________________________

MESSAGE

A TRUE WOMEN EMPOWERMENT would be if the genuine and fair efforts are made to highlight and limelight the importance of divine qualities gifted by nature(GOD) to woman so as to raise the stature of womanhood so high in the society that the MAN & society is compelled to bow to her benevolent qualities and capabilities with significant importance to their role in every walk of life like family, society or mankind.