Why Lawyers’ Collective Fear, Misuse of LAW a Ground to Stop Amend in Domestic Violence LAW?

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With reference to recent news, Not just daughters-in-law, Maneka Gandhi says Domestic Violence Act must protect mothers-in-law too :

Women and Child Development Minister Maneka Gandhi wants the Domestic Violence Act amended to allow women to seek protection from their daughters-in-law also.

The present law only provides for protecting women from domestic violence by any man with whom they live or have lived in a “shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption, or are family members living together as a joint family”. It does not allow women to be charged under the law.

According to sources, Maneka has asked officials to work on incorporating a provision under which women who face violence by their sons and daughters-in-law can also approach the protection officers.

“Many cases have been brought to the notice of the minister where elderly women have been misbehaved with or even tortured by their sons and daughters-in-law for property or other reasons. Even when the case is genuine, no action can be taken against the daughters-in-law under the law. The minister feels that the law should protect all women, regardless of their relationship with the oppressor. We are exploring legal options and will move an amendment soon,” said a source close to Maneka.

However, legal experts said allowing women to be charged under the law may defeat its very purpose, as a slew of counter-cases may be filed in response to genuine complaints. While the present law allows an oppressed woman to move against her son, the daughter-in-law has “immunity”. Challenging this “immunity” may threaten the very edifice of not just the Domestic Violence Act but also the Dowry Act, said experts.

“The decision to keep women out of the purview of the definition of respondents in the law was deliberate and calculated. If changes are made that allow a mother-in-law to move against a daughter-in-law, it would mean that the moment a woman files a domestic violence or a dowry case against her in-laws, her husband would get his mother to file a counter case against her under the Domestic Violence Act. That will open the floodgates for misuse of the law,” said a lawyer associated with Lawyers’ Collective.

But Save Family Foundation and their associated NGO, surprised to see that Lawyers’ Collective and their associates, suddenly show concern about Misuse of Law as a ground to refuse to make a Fair law in the interest of Natural Justice.

When we along with various Court Judgments,  talk about to amend the LAW like 498A , Rape , Molestation as the same law is grossly misused , all radical women organizations including Lawyers’ Collective , shouted every time that every law get misused and Misuse of Law is not a Ground to Stop making law or amend the law.

Now SFF surprised, why they hiding behind the same logic that if WCD amend law to protect both Daughter-in-Law and Mother-in-Law, the law will be misused. So, form their own statement such argument should get dismissed by default.

Lawyers’ Collective and all Radical Women organizations failed to understand, The Hindu :Daughters-in-law abuse elderly more, says HelpAge India study

Daughters-in-law are the worst abusers of the elderly in homes in Thiruvananthapuram, a study conducted by HelpAge India says.

The study, covering 24 cities including the Kerala capital, released here on Friday, says that daughters-in-law constituted 44 per cent of the abusers, followed by daughters (32 per cent) and sons (24 per cent). The study was released to mark World Elder Abuse Awareness Day on Saturday.

The report says that the elders’ perception of abuse constituted neglect (38 per cent), economic exploitation (27 per cent), and disrespect (35 per cent). Among the abused, 24 per cent made an attempt to report it, their first choice being a community leader. Their second choice was the local police and the third choice relatives, friends, and NGOs.

Those who did not report abuse did so in order to maintain confidentiality of family matters; ignorance about the best way to deal with the problem; or lack of confidence in the ability of the person or agency.

Twenty two per cent of those surveyed reported experiencing abuse, 34 per cent of them experienced abuse for three to five years. For 33 per cent of the respondents, abuse was a daily experience. Among those who reported abuse, 89 per cent of the elderly belong to age group of 60-70 years, 10 per cent to 71-80 years. The mean age of those who reported abuse was 65 years. Forty five per cent of respondents were postgraduates, 25 per cent graduates. Among them, 85 per cent were married and 14 per cent were widows or widowers, the study says.

Save Family Foundation, bring to notice to all media as well as to LAW makers, present law like CRPC340 and IPC182 is too week and unable to Stop the Misuse of LAW, so there is a need of LAW like they had made in LOKpal act, insert a misuse clause to Punish the person who file false fabricated cases on the spot than initiating another separate cases through CRPC340 or IPc182.

This will become deterrent, if some one files false / fabricated cases.

So, we appeal once again to WCD and Law makers to amend the Domestic Violence act as under:

  1. The word Men/Women to be replaced by Person in Domestic Violence law.
  2. If Women do not Domestic Violence, they need to fear any think, but we can’t make assumption that women can’t do Domestic Violence like Verbal abuse, mental abuse, economical abuse, Physical abuse or Sexual abuse to others.
  3. Insert a special Misuse Clause in LAW itself like; we have in Lokpal act to punish a Person who filed False/Fabricated Cases, so that at the time of Dispose the Case, Judge can order the Punishment on the spot.

With such Biased/unfair assumption based LAW that Daughter-in-Law can’t do Domestic Violence against their Husband and Husband’s mother/sisters , will lead to increase in Domestic Violence in family, it can never get reduced .

When such unfair/biased law was made , Save Family Foundation along with their associated NGO clearly said, this law is going to increase the Domestic Violence in India , as Verbal abuse, mental abuse , Economical abuse , Physical abuse or sexual abuse is not only a DIL face, it is faced other women as well as Husband also.

If law does not consider the Domestic violence done by Daughter-in-law against their Husband and other family members as crime, then how you except they will stop to do abuse others?

Domestic Violence is never a Gender issue, so only all over world the same is Gender natural and the Men/women word replaced by Person.

If any women or Daughter-in-Law don’t abuse others, why they afraid to accept the gender neutral law along with a Punishment clause for Misuse of Law?

Not just daughters-in-law or mothers-in-law, Domestic Violence Act must protect to all irrespective their Gender, Caste or Religion as followed by all over World demand by Save Family Foundation and their associated NGOs all over India.

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Comment(s): 1:

  • on 20 August, 2014 06:55:04 AM
    dowry and maintenace money is two sides or a coin