Tuesday, July 2, 2013

The Abuse Of Gender Biased Laws In India



The Abuse Of Gender Biased Laws In India
The filing of false cases against husbands/men by women are on the increase day by day. This is the direct outcome of gender biased laws framed in India such as the dowry law and the domestic violence act. Such laws have been crudely formed and is totally biased towards woman. What is appalling about these laws is that there is absolutely no redressal mechanism for the man even if heaven and earth knows that the man is innocent and the woman had filed such a case for devilish ulterior motives such as getting even for petty matters, extracting money, or even to have an extra marital affair.
Let us consider for a moment what situation can warrant such a legislation. Perhaps the following dramatized and hypothetical situation could best suit the situation. A village somewhere in interior part of India. The society is heavily patriarchial. The husband is a landlord and she is his nth wife. She cannot question any action of his. If questioned, she is mercilessly beaten. After such a beating  for having questioned him for bringing different woman to the house and having sex in front of her, she decides to report her physical torture and mental agony to the local police station. The poor defenceless woman while in the station is molested and no complaint is registered and she returns home….to further harassment and torture.
Perhaps laws such as dowry law and the Domestic violence Act in the current form (with no redressal mechanisms and you are guilty until proved innocent) may be justifiable in the situation dramatized above. Is this the condition of most of our women in society today. Are they so defenceless as the  story  described . In the metros are’nt woman having all the rights as equivalent or more than men, are’nt they earning well and are financially independent…?
In the hands of the majority of women today these laws are turning slowly into weapons of mass intimidation to the males and his relatives.
According to these legislations, the following is a list of women’s rights:
  1. the right to control and subjugate the male partner
  2. The right to publicly humiliate and physically abuse the male partner and his entire family
  3. The right to divest the male partner of all his money and property
  4. The right to send the male partner and his entire family to jail on her whims and fancies
  5. The right to force the male partner to be a slave to her family
  6. The right to kick out the male partner from HIS house at her will
  7. The right to commit adultery (and send the male partner to jail if he dares object)
  8. The right to kill an unborn child regardless of the male’s partner’s wishes
  9. The right to have all “rights” and no responsibilities
In Indian society from traditions handed over from generation after generation, the male has several responsibilities to be fulfilled in the family. He is the head of the family with responsibility to provide food, security and money to the family. His role is that of provider and protector. He has to shoulder heavy responsibilities in the family and naturally will need certain   powers and privileges to discharge his responsibilities. When certain problems arise in the family, the man will have to take moderating steps to rectify the same, sometimes against the like, wishes or whims of his wife. Any such action taken (even if it is for a very good intention) can be construed as constituting domestic violence as per the DV act. If the wife so desires, she can even restrain him from looking after his parents. Then how can he manage the family life entrusted to his care?. Hence several provisions in the DV act is directly harmful to the established family structure in India.
When this act was formulated, all good meaning people had welcomed the same, thinking that no  woman would go to such low extends and abuse a law which has been framed entirely for the good of womankind. We had always envisioned woman to be virtuous and righteous. Sadly, time has proved us wrong. Now the purported abuser has turned the abused Not only have even educated and woman in very high and responsible positions turned to abusing  these laws, some woman have gone to the extent that they have even falsely accused fathers of raping daughters and in one case the lady even went to the extent of saying that the daughter had given birth to a child by the father. When medical examination of the daughter was done, it came to light that the daughter had never conceived nor had ever given birth (such a case had happened in kerala, and reported heavily in the media. When finally it was proved that such a thing had never happened, sadly no action was taken against the false accuser i.e his wife). In most cases, these vindictive woman send to jail their husbands old (in some cases 90 year old) mother-in-laws and father-in-laws, brother-in-laws and sister-in-laws to either just get sadistic pleasure of getting even, or to usurp as much as money as possible from the husband or to simply spite the husband and his family.
This abuse  has reached a  point when parents (who know about these woman centric laws) are really thinking twice about marriage for their sons. It would be good if more and parents become sufficiently educated about these gender biased laws. Boys also need to be educated about these laws and should allow them the scope to decide about their marriage considering the fact how adversely these laws could affect them in leading a normal and life with dignity.
Sadly media is showing and discussing these issues in a lopsided manner. Universally, media is always with the weak and the oppressed. In this case, the media  have not realized or feigning not to recognize that man is the oppressed in these situations. Also, men in some TV discussions on related topics do not voice their views properly thinking that their view points would be construed as them not being  progressive and being incapable to fend for themselves and thought of as being weak and hen pecked. Many times, they sit as dimwits through the show and nod their heads to any and every atrocious comments (even to the comment of the NCW that alimony should be granted to wife even if the husband does not have payment capacity and even if wife is adulterous).
Here the working of the NCW is worth mentioning. An organization formulated solely for the upliftment of woman is slowly degenerating into an organization whose sole concern seem to be only to promulgate misandry. This hatred towards men can be seen in various sections of law being drawn up by the commission. Not only do these woman draw up laws to ‘uplift’ or protect woman, they in the process try every gimmick to see that sections are added so that every man is denuded of almost all his rights and in the process forcing him to obey all of his wife’s  diktats. Notable among the recommendations are the following two:
  • It will henceforth become the “duty” of a man to provide maintenance to his wife and children irrespective of the fact if he has sufficient means.
  • Definition of a wife needs to be changed to include women who have lived with a man in a relation of marriage.
How stupid and in some view malicious is the intentions. How can a man pay alimony when he does not have sufficient funds to do so. Should he sell his body or should he go for prostitution. The second recommendation is even more evil. By this, the NCW is giving a clean chit to woman to commit adultery without any fear – fear of the law or any kind of action by the poor husband. The NCW is duping people  by fudging data on the number of complaints, the number of registered crime against woman etc etc in order to get popular support to aid them draft and implement these draconian laws.
Over the centuries man has contributed heavily in all spheres of life to take mankind to where it is today. Even today, man as head of family does the most dangerous and taxing jobs for the family. But feminists organizations are working overtime to see that these efforts are not recognized in society by highlighting certain shortcomings especially in the sexual front for men and choosing to ignore or trivializing their massive contributions. They conveniently brush aside the fact that men on a regular basis are ready to lay down even their lives for their families especially for the female members of the family when any danger accosts them. Today  more and more married men are succumbing to pressures and fears and committing suicide since they cannot face the ignominy of going to jail and facing society afterwards – for no fault of theirs.
Time has finally come when men and right thinking women  realise that unless they fight these draconian laws the next generation will not see the family as it is today. These laws, especially the anti dowry law and the DV act should be at the very least be modified that if any  accusation is proved to be false and purposely done to harm the accused, then the accuser should get punishment atleast to the extent  of the accused  crime. For instance, if a person accuses being raped by another and her/his accusation is found to be false and of malicious intent, then she/he should be jailed for the same number of years as of a person convicted of rape abuse.  Only if such redressal mechanisms are in place will society see  laws being executed in a  gender neutral manner upholding the dignity of  every individual in the process.

Thursday, June 27, 2013

A woman can do no wrong..?

                                                           
The term criminal conjures up visions of sneering men with rippling muscles, strapping tall with multiple scars on the face. But nowadays in Kerala such men are usually at the receiving end of criminal activity and the criminals are ‘tender’ woman in their early twenties hardly anything to go by way of physique. One sided laws like the dowry laws and domestic violence act  were  made with the sole assumption that woman can do no wrong. Is that so…? Read along to find out.

Take a flash back to a couple of years and you have a wisp of woman by the name of Shobha John who was into blackmail by abducting the thantri of a renowned shrine and forcibly taking his  photographs in compromising positions with a consenting woman.
The bespectacled, lean lady catapulted to fame with the infamous Thanthri case. But her real claim to fame rests in one another title “ First  lady in the state to be arrested under the Goonda act”. She is said to be running  a network of ‘business’ from massage parlors to real estate allegedly as a front to various illicit activities. Behind the curtains, she is said to have been managing a dreaded world of crime, ranging from flesh trade to contract killing. Venues and ventures may change, but the USP of her scheme of things remains unchanged, that is blackmailing.

Take the Thanthri case for example. Not knowing it to be a perfectly laid trap, Thanthi Kandhararu Mohnaru enters into one of the flats in Link Laxman apartments of Valanjambalam, Cochin where a  sex worker has been waiting for him, arranged by his trusted friend Sobha john. While Thanthri and his partner are on bed a group of people allegedly barged in to the room and took photographs. They demand a huge amount for not making the photographs public, to which, at the insistence of Shobha, the thanthri agrees first. Had it not been for the crucial decision of the Thanthri to retain his wealth at the cost of his name and fame the case wouldn’t have reached public domain.

After the Thanthri episode it took three years for her name to surface again in news indicating that  all the time she had not been sitting idle. This time she was booked in connection with the murder of a youth named Althara Vineesh. The murder was committed by a gang led by  Keppan Ani. Both the murdered and murderer  were notorious gangsters, with the latter being right hand man of Shobha. Investigations proved  Shobha’s role in the conspiracy and giving shelter to the accused persons.

After a gap of 5 years Shobha is back. This time she finds herself in the wanted list in connection with a sex racket case. The case is now famous as Varappuzha sex racket case. Further, investigators are believed to have got links that may connect her to another case of the same kind , the Paravoor case.

Bhaskara Karnavar, a U.S. returnee, was found murdered in his house at Cheriyanadu in Chengannur on the morning of November 8, 2009. Sherin, an erstwhile college beauty, wife of Karanavar's second son Binu, was arrested within two days while the other three, who were allegedly friends of Sherin and who were contracted to kill Karanavar after he cancelled a property will in Sherin's name, were nabbed from Karnataka. Sherin, was given bail by the High Court, but was shifted to jail on account of her conviction. She had conspired to kill her father in law for his wealth. It seems Karnavar had favoured her earlier but on seeing her loose way of life, had decided to take her out of his will while bequeathing his property.

Recently, a beautiful college going girl, Mithra Susan Abraham had turned almost into a murderer when she lured a youth with womanly promises into the hands of a supari gang commonly called quotation gangs. The back ground of the case is as follows. A youth C Liju, was brutally assaulted in Ranni, Pathanamthitta district on August 5 by a gang. The probe into this incident has taken the police to the St Joseph College Campus, where they uncovered the involvement of a 20 year old girl and two boys, her classmates, in the conspiracy. Police said that, Mithra Susan Abraham, 3rd year Travel and Tourism student of St Thomas College, Ranni allegedly lured Liju, into the trap of a supari Gang. Liju was critically injured but survived

More recently, there was a case of a woman who went into a jewellery shop in Alapuzha under the pretext of buying jewellery for her marriage. After selecting a sizable amount of gold, she took it for billing. When no one was noticing, she snatched the jewellery box and ran out. The alert security guard, chased and with the help of passers-by caught her.

A bank robbery this. The main accused in the bank robbery in Chelambara in Kerala, where the robbers decamped with jewellery of about 80 million indian rupees, is a woman. The four member gang cut a hole in the strong room floor of the Gramin bank after taking for rent the ground floor directly under the bank’s strong room. This is the biggest robbery in terms of value in Kerala.

And for sex you cannot beat this. A fourteen year girl was subjected to rape and prostitution by none other than the girls’s father and mother. Infamously known as the Paravur Case, the father mother duo was taking the child around the country and subjecting her to sex with more than hundred people. The father was convicted and sentenced to ten years life imprisonment and the mother was sentenced to seven years life imprisonment.

Kiliroor sex scandal case is another  case where a teenage girl Shari was taken to different places in kerala and was allegedly sexually exploited by “influential persons”. What is more shocking is that the main accused Latha Nair, is Shari’s own mother’s sister.

Ice Cream Parlour Sex Case is a case where one Sreedevi was running an ice cream parlour in Calicut, Kerala and was a regular supplier of girls to influential people. What gave this case notoriety was that it was alleged that prominent politicians were involved in the case. However, the main accused in this also is a woman.

The main accused in the case of woman trafficking using fake passport to the gulf and forced into sex trade there is a woman, Lissy Sajan of Trichur. Lissy had a flourishing flesh trade in the gulf and evaded arrest several times but was arrested from near the Aluva Bus Station recently. She is the kingpin of a racket which has involved among others two Superindents Of Police and several Sub Inspector Of Police who have hence been suspended from service.

Here is a case involving  fraud. The special CBI court has awarded 3 years imprisonment and Rs 30,000 fine to the accused in the SSLC question paper leak case. Bindu Vijayan  of  Vanchiyur, Trivandrum and Sindhu Surendran  of Chennai were given jail terms. The court had found them guilty on charges of criminal conspiracy, stealing and for keeping the stolen things under position., to top it all has co

Now the recent two developments can even beat a sleasze writers best imagination. Recently, kerala Assembly saw tumultuous scenes after the arrest of a woman, Saritha.S.Nair in a cheating case. It came to light that this woman with one Biju had swindled crores of rupees from very influential people with promises of share in installations of solar equipments and farms. The duo had the blessings of staff in the chief minister’s office , hence the ruckus in the assembly. The opposition claim is that this was all made possible because of the ‘involvement’ of this beautiful lady  with people who mattered in the government. Immediately the involvement of a M.L.A of the opposition in sordid sex activities was brought to light presumably by the ruling party. The clip of the MLA fornicating with the complaintant woman was telecast by different channels. What was shameful and shocking was that, this clip was shot by this woman herself keeping a hidden webcam. The woman in her complaint to the police had deposed that the MLA’s son had sex with her several times promising marriage. When she came to know that his son would not marry her, she induced/seduced   his father i.e the MLA into having sex with her and videographing the entire episode to get even with his son who incidentally was four years younger to her. She had wanted to get him trapped into getting arrested using the controversial provisions of the anti rape law knowing all too well that the MLA could be arrested on her complaint alone. All said and done, a sad day for womanhood.

It is to be noted at this juncture that  all of these women are normal middle class woman and none of them are poor. All of them are well educated too. We should reflect at this moment on the enormity of abuse capable at the hands of womenfolk in this country making use of the various woman centred laws . Please reflect that these self same woman detailed above  are also given protection under the  gender biased and one sided laws. These laws were formulated under the express belief that woman will never be able to do any wrong. How about these woman..?  Where they compelled to do any of these acts..under threat, poverty etc…? The conclusion should be - there are born criminals among woman too and their numbers are increasing day by day as woman are increasingly not tied to families and their homes.

Now reflect for a moment… If any one of them were wedded to your son and files a case of false Dowry Harassment or false Domestic Violence  or false case of  rape against your son, will your son stand a chance. No section in IPC or CrPC gives redressal for abuse of such laws. Please reflect on this. Do we require such draconian and one sided laws in our modern society. Please remember that such laws have no redressal mechanism for the accused. So, let us unite and fight these draconian and evil laws and also those who frame them.

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