Contd... 2. With this law in place, an aggrieved wife will file a complaint against her husband or in laws sooner than latter. Similarly, the husband would be in a hurry to divorce his complainant wife in order to get rid of all his problems of a married life, which in normal circumstances he will not even think of it. Thus the law will break innumerable marriages and homes. 3. Henceforth, a man would deter to get into a matrimonial alliance and prefer live in partnership or cohabitation without marriage. Although a woman under this relationship is protected against domestic violence, she would not get the conjugal rights of a wife. Thus the condition of women, both socially and economically would deteriorate under this law. Contd...
Contd... 4. The law does not provide a chance of hearing to the respondent before accusing and penalizing him, which is against the human and constitutional right of any respondent. The law also does not provide for any punishment for the accuser in case a charge of domestic violence is proved to be false in a court of law. In this sense, the law is very similar to Sec. 498 A of IPC (Dowry Prohibition Act) which provides ample opportunity of its abuse, as it has been proved in the cases of Sec. 498 A.
II. Social Impact of the law 1. The law with all its shortcomings and pitfalls will create even more bitterness in estranged relationships of a household and result in more and more divorces across the country, as it has been proved in the cases of Sec. 498 A. This will bring in more misery for the wife rather than provide respite as it is claimed by the proponents of this law. Contd...
It seems that the new law is inspired by the Domestic Violence laws of other nations. But the author has missed some vital points. I. Shortcomings of the law 1. The law does not recognize the rights of domestically victimized males, children and females if the respondent is another female. This is not so under the DVA of other countries, where every individual is provided equal protection and rights, whether male, female or children. In this respect, the Indian law is inequitable and incomplete. 2. The law refers to emotional and psychological violence which is immeasurable and can be measured differently by different women of different inner strengths, if it can be measured after all. How then the courts will decide the extent of violence and its punishment to the respondents? 3. The law equates the rights of a wife with those of a live in partner. This is not only illegal but unethical too since in this sense the law is promoting live in partnership without marriage. - Contd...
I am really surprised to see that this article on domestic law only covers the abuse and harassment only on women's. May i know what law is there for men who also suffer the emotional and verbal abuse by womens or their relatives. I personally feel that equal rights and laws should be conferred for both the sexes and not for the womens alone as it is being widely misused by the fairer sex for fulfilling their personal desires and spoiling a healthy and sacred family relation by following the guidelines from "Kabhie saas...., Kahani ghar..., kasauti.." daily TV soaps. Womens character in those serials are not providing any higher status or position to the indian feminine character, rather spoiling the image of indian women who in reality is strong, full of faith and emotions. I strongly recommend same laws should address the problems of both the sexes at domestic front rather than tagging it only for womens.
Will this be really used by the aggrieved women? Tell me a house where there are no disputes between husband and wife or between family members at some or some time on some trivial issue. Where is the protection for men? I feel it is going to be highly misused. Slowly we are forgetting our age old culture and tilting towards west - divorce, single parent families. Correct it before it blows out of proportion - save families, save the future of india.
Already the life of an average man is filled with so much pressure and insecurity and the government has just added some more to it. I completely agree that there are many men who harass their wives or partners. But by passing such an open ended Law/Act, the situation and life of the male species has become very vulnerable. The Law plainly means that a women can just get up and go to the police station and complain against her husband or partner. Obviously her words will be believed. Good thing is that this Act is passed before me being called a husband! Thank God for that.
The law seems to have clearly addressed the issue of dowmestic abuse of the female gender. What we need to understand now is how the law is going to prevent the misuse of the law for personal gains by unscrupulous charecters.
If society cannot do with such a law, there should be also one which protects men. Men are also found to be harassed in various ways though not physically.
Two individual living together should be bound by love. Education should improve their outlook and spiritual development is also needed.
Law should also be enforced to restrict depiction of voilence and sex. Is there a point in blaming the new generation getting such input? The media has also become too commercial catering to their own selfish interests.
This is going to BREAK the core of Institution Marriage in India in coming days i repeat in coming days not Years..............!!! there is already money minded, women in the society who are misusing (IPC 498a Statistics 98% of 498a cases are false. ONLY 2^ are convicted)and the very purpose of safegaurding women from the harrassment is not Met with THIS DV ACT 2005 I want to ask who have drafted this law....WHAT ABOUT THE RIGHTS OF MEN? Women means only Daughter-in-law? my wife is harassing my age old mother can my mother use the DV act against my wife? I don't thik so.. if Yes then i encourage my Mother to file a case today itself....
Supreme Court of India observed and called IPC 498a is nothing but a "Legal Terrorism"
And Now This DV Ac 2005 is going to be "Wepon of Mass Destruction" in the hands of educated, money minded, Unethical cruel women in India. except few percentage of women exist in Rural India.
And the real sufferer of domestic voilance will never get to the court or Justice with this law be it a Women or Men..then why this Law?
I am not against Women I have Mother, Sisters, BUT Definatly against gender specific Law
