Missing Elements In Domestic Violence Act - Instablogs
Missing Elements In Domestic Violence Act
ARVIND K.PANDEY , PRAYAG: Oct 6 2009
Made Popular Oct 6 2009
India :

Missing Elements In Domestic Violence Act

I always hoped that granting validity to the Protection of Women from Domestic Violence Act would bring fair amount of stability in the lives of women trapped in hellish conditions. However, the reality is otherwise. The lawmakers failed to realize that given the dominance of perverse mindset in the Indian society the rise in false, bogus and fabricated cases would shatter the very base of Indian society.

Indeed, it’s a tough nut to crack to honor the Act in letter and spirit without crippling the intimacy that exists between husband and wife. What could have been solved within four walls of the home now became the subject matter of courts. I don’t know for whom this is more advantageous? For the harassed women or for greedy lawyers or for corrupt NGOs serving so-called cause of women?

It’s no secret that once the case falls in domain of police station or Indian court, it become extremely difficult for concerned parties to regain intimacy in relationship. There is huge loss of money, time and above all end of possibility of reunion. The possibilities of reunion between husband and wife is always high when the issue remains within four wall. There is always chance of regaining lost understanding. But once laws come into play, the room for such healthy compromises becomes zero.

This domestic violence act is very dangerous in a sense that it brutally murders the chances of mutual understanding. The bedroom just appears to be a place where you are no longer sleeping with your partner but sleeping with your chosen enemy.

Missing Elements In Domestic Violence Act

Like to draw a parallel. There are many instances when teacher beats or slaps the student to bring him on the right track. Imagine the plight of teacher if a case is filed against the teacher for slapping the child. Whatever be the fate of the case but one thing is sure there is never going to be normalcy between teacher and that student.

Missing Elements In Domestic Violence Act

I am not justifying violent behaviour of teacher towards their pupil but what I am trying to suggest that there are times when we for a temporary period lose our sense of understanding and get engaged in acts not at par with our normal behaviour. It’s not hard to understand that in our homes as well there are moment when the difference between home and ‘Kurukshetra’ becomes nil. Is it necessary to convert such harmless or normal deviations into battle of sexes with the help of laws like Protection of Women from Domestic Violence Act?

Let’s not forget that the SC has taken a tough stand on the misuse of dowry laws. Soli Sorabjee has rightly stated that that indiscriminate and impractical definition of verbal abuse could flood the Court with fake cases. Why did the lawmakers failed to take into account complexities haunting the Indian society ?It’s time to take considerable insight to prevailing situations with measures ,which save innocent husbands from undergoing harsh ordeals on flimsy pretexts.

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2 Stars
Sean
Birmingham, United Kingdom
Anyone who is serious about fighting domestic violence has to appreciate that it can happen to anyone.
1 Stars
ARVIND K.PANDEY
PRAYAG, India
I thank you Sean for taking note of my writing.You sound so right when you suggest that it can happen to anyone.However,in India, it’s a very popular perception that only women are the victim of domestic violence !!

The myth that women are a weaker sex and therefore only they are at the receiving end rules the mentality of lawmakers here.It’s still some sort of taboo to discuss crime committed by women against by men.
2 Stars
Andy
Navi Mumbai, India
Just like women in the same situation, there is help out there for men in violent domestic situations. It is harder for a man to speak up, but he should always do so when he feels as if his life is in danger.
1 Stars
ARVIND K.PANDEY
PRAYAG, India
Thanks Andy for making your presence felt after a very long time.You have said all in few words !!”It’s harder for men to speak’ but why ? Because Indian society considers it unmanly or ”namardangi” for a man to shed tears.Women not only manage to shed tears but also are able to generate sympathy.Men are left alone to suffer in silence.

TO SUFFER IN SILENCE IS THE MOST PAINFUL THING.That seem to have become the fate of Indian men.
2 Stars
Domonique
Philadelphia, United States
Visit some of the websites that specialize in talking about domestic violence against men. This is a very real problem and you are not alone. There are death cases when it comes to domestic violence against men, such as when comedian Phil Hartman was shot to death by his enraged wife Brynn. She committed suicide at the scene. The problem can be just as deadly as in cases of men battering women.
1 Stars
ARVIND K.PANDEY
PRAYAG, India
@Dominique

One thing I appreciate about your country that there exists a proper mechanism to attend the grievances of men.It’s bit costly but the fact remains that it comes into operation swiftly and smoothly.There the men have learned to fight the evil mindset of women in an organized way.

We ,on the other hand, are miles behind you people in this matter.A glimpse of that can be seen my comments above.Here the men are ridiculed,tortured, laughed at not only by women but also by men for shedding tears as if shedding tear in itself some is some sort of crime !!

Above all,there are no serious takers of causes related with men.On the contrary, there are many organizations fighting for the cause of women.That’s toppling the structure of Indian society or for that matter posing a great threat for survival of Indian families.
1 Stars
ARVIND K.PANDEY
PRAYAG, India
Thanks a lot Domonique for visiting the page and expressing your view.
2 Stars
Julie
New Delhi, India
Abused men are generally the silent victim of domestic violence. They should talk about the matter to someone trustworthy or directly report to the police.

Any kind of domestic violence should not be tolerated by anyone, be it man, woman or a child
2 Stars
ARVIND K.PANDEY
PRAYAG, India
@Julie

I thank U Julie for making your presence felt on my page after a very long time.

’They should talk about the matter to someone trustworthy or directly report to the police.’....That’s not an easy task Julie.Because whole system around us is mired in a very peculiar mindset.It treats anything from a man’s side as shameless gesture.

Unless we rise above our prejudices in this regard,the men will never be able to become vocal about the crimes committed against them by women !!
3 Stars
Shujaat
Hyderabad, India
No one can take any action if women employ these acts falliciously.Their word alone is enough book a case against the offender.
Its a huge dilemma men face.
1 Stars
ARVIND K.PANDEY
PRAYAG, India
@Shujaat

Thanks for dropping by with a thought provoking response !Yes,the dilemma faced by men is huge.They are the real sufferers.The system values the tears shed by women but the tears shed by men not only go in vain but also create further problem for men !!They become butt of ridicule for expressing pain residing in their hearts.He is marginalized not by women but by the men community !

Women have always been very shrewd in manipulating things.The Act has only legalized their acts born out of this shrewdness !!
2 Stars
Akhila Vidyasandra
Bangalore, India
Dear Arvind and all,

abuse is abuse whether its a man, woman or child even the animals,nature etc., but the thing here is why do men ought to think that these laws or against men? No dears these are not the laws against men instead these are the laws to protect and support distressed women. you just go the national crime against women/married women website and you will find the statistics. the law of dowry prohibition came in 1961, what happened? like this all other acts, laws, rules ...

women are not agaist men, only the affected woman will be angry with that particular man not at all men. think about women arround you, mother, aunts, grandmas, sisters, friends, and if you have wife and daughters are they against you?

if everybody learn to respect EACH OTHER and love EACH OTHER give space to EACH OTHER appriciate EACH OTHER then you will find all these laws in the cold storage. are you ready for this change???!!!!!!!!!!!!!!!!

regards,
Akhila.
1 Stars
@Akhila

Thanks for visiting the page.I appreciate your take on the issue.However,I wish to point out the contradiction prevailing in the answer.

”..but the thing here is why do men ought to think that these laws or against men?”

...We don’t harbour such impressions Akhila.We are only interested,at least myself,in preventing the misuse of law.The laws are tilted in the favour of women.That’s not my opinion.I have stated above the view of Soli Sorabjee who feels like all of us.Even many in the legal circle are of the opinion that language of DV Act is misleading.

On the other hand,Chief Justice of India Balakrishnan and President of India Pratibha patil have already declared it several times, that dowry laws are getting grossly misused.

So why do you want us to ignore what’s happening in the real world?

”women are not agaist men, only the affected woman will be angry with that particular man not at all men.”

Well,I can also say in the same way that we are not against women.We are also don’t want that women should remain subjected to physical and mental harassment.We are not in war with women but we are fighting the system that’s trying to play politics in the name of welfare of women.

This politics is shattering Indian homes.I strongly agree that only affected women are angry with men.The misuse of these laws proves beyond doubt that system has been successful in corrupting female minds.That’s why today all the issues are being taken to the court by the female both in right and wrong way !!

”if everybody learn to respect EACH OTHER and love EACH OTHER give space to EACH OTHER appriciate EACH OTHER then you will find all these laws in the cold storage. are you ready for this change???!!!!!!!!!!!!!!!!”


How many times have women been able to understand that men do respect them? Have women ever bothered to place the respect of men in right perspective?

Why do women want that men in the name of giving them respect give way to wrong beliefs.Should they like a pet dog wag their tale often to show love and respect towards a woman ?
2 Stars
Akhila Vidyasandra
Bangalore, India
Dear Arvind,

what wrong beliefs are you talking about? the term ”wag the tale” thats what men wants women to do for what ever they say. if women don’t then only the problems starts. most of the men understand only this language either they want women to wag their tale if not they will ask ’then what do you want (me) to wag my tale according to your wish. but my question is very simple. why cant they live in betweem. a balance life.

see arvind. i will tell you why women talk the mens’ language. first b’cse they are also the product of this patriarchal system. secondly if they don’t, the next second they will be on the street. think, till women adds her hanji to her father/brothers/husband/son or any male who is head of the family she will be recognised proudly as so and sos’ daughter, sister, wife... if not arvind she will be on street the next moment. what does she own unless the name tag in most of the family. once the family ditched her, where should she go? she neither has a roof to protect not a place to stand. literally on the street and she will be subjected to many other horrible things. thats the reason she is scared to talk against anyting unless it reaches the extrimity. do you think that women will go to police and court in their first attack? go and do a survey. not even 1% of harrassed women to go police and court. if they go only when it is unbearable. tell me why should they tolerate this. if you are making up your mind to fight against misuse of these laws by the hands of women they why not those laws which are being misused by men. what document do they sigh when they are receiving dowry? why do they marry 2nd, 3rd, 4th... without any evidence, why do they harrass their wives for dowry, for male chaild, why do they kill them, why do they beat, why do they come home drunk and snatch away all the money which she earned, why do they go and enjoy sex outside and come and give the infections to wife and children...why why and why arvind. can you tell me when do you all make up your mind to fight against these age old issues.

Akhila.
1 Stars
Akhila


Thanks for taking note of my comment in a such a serious way.I appreciate your sincerity.I read your views quite seriously.But before I say anything I must point out that it’s ”wag the tail” and not ”wag the tale” as I have wrongly stated in my previous comment :-)

I just wish to state that nowhere I have stated that there should be no law for women.You have missed a very important point.That I am always in favour of law.What I am talking about is misuse of law by the women.Are men not punished for misuse of laws ?

I have only referred to the way women are using the law in negative way with wrong aims and objectives. How come SC is worried about fake cases filed by women to settle scores if women are using laws for the right cause ?

Aren’t you aware of the fake cases wherein women have cried rape when there was no such thing ?Now when they can go to such extent why do you think misuse of law by them is impossible ? You forget that we are living in a changed world where nothing is impossible.

I very well understand that problems of women need to be viewed in conscious manner.Have I denied that ? Have I said women should be denied legal assistance ? I am also aware of the fact that legal channel for them is a rare step .

On the contrary ,I am only talking about ’tamasha’(drama) taking place in the name of rights of women.Abuse of law by both men and women cannot be tolerated.

Lastly, let me wish you ”Happy Deepavali”
1 Stars
Akhila Vidyasandra
Bangalore, India
Arvind,

happy deepaavali to you too.

I’m sure that you are not getting my point. see if a woman is misusing any law let alone 498A or PWDVA etc., she is as criminal as any man who misuses any law. but my point here is, why do you (all who think so) want to either amend or remove those laws which are able to protect atleast few women who could able to fight and try to reach justice. there is nothing wrong in those laws unless they are mis used, same as IPC or IEA ... So when lot many innocent people (both women and men) are being punished by misusing and misleading the law and court why only these laws which are made for the protection of women from our societal evils.

thats why I said even though it is being misused (its very meager % any way) we need these laws. other wise women will not be able to get their rights which are being stamped by our Patriarchal society.


regards,
Akhila
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