Written by Neena Dhulia
The above quotation may sound ambiguous and paradoxical to the reader in its initial stage, but a deeper thought into it, contemplation and a thorough study about it might prove the truth of it. The society is totally unaware of the real facts behind the so called “The Protective Wife-Centric Laws“. They have become, “Destructive” laws” for the husband, his family, the Indian society and mankind as a whole.
The statistics given below proves this fact.
- 70,000 marital cases per year.
- Average alimony of Rs. 20 Lacs.
- Rs. 14, 000 crores business shared by the police, the lawyers and the judges.
Why will the Government, the Home – Ministry and the Law-Makers make amendments in this money – making illustrious industry which flourishes well with a lavish income to all government departments? It reduces the load of the government exchequer as well as it does not require the government to bother about the pay of its employees in various departments as each one is getting more than the actual salary by these “other sources of income” which is seldom questioned by any authorities. Cases of poor people are seldom registered as no income is made in such cases. The police and the lawyers like to take cases of the well-to do and affluent families from where money can be extorted regularly. One may just visit a court and he finds the lawyers asking for any case. It may be noted here that the Karnataka Home Ministry has declared that “Section 498A is working well“. Ironically it is working well for all the corrupted departments of the government as they are minting money from this whopping industry of corruption and mal-practices.
Average no. of cases filed against a husband.
2. Domestic Violence Act.
3. 125 CrPC, maintenance case, including other cases from where the wife takes maintenance simultaneously.
All these cases can be filed by the wife in courts in the same city or different cities to harass the husband and his family. Any marital dispute when taken to the police station by the disgruntled wife either to gain personal scores or to revenge the in-laws becomes a source of income for the police. For a few thousand rupees a false case is registered without any proper documents or any investigation only on a verbal complaint from a wife or a daughter-in-law (DIL).without any proofs or evidences. The husband and his family are not allowed to speak up a word in their defense and the whole family (husband, father, mother, brother, sister, the aged parents and the children) are put behind bars.
Then comes “Bail” part where the lawyers and the judiciary play a meaty role. The lawyers extort a huge amount from the distraught husband and his family on the pretext of getting bail orders from the judiciary where the proceedings go on without any “transparency”.
The ordeal of the innocent husband and his family does not end here .It is just the beginning. One after another cases are filed against him and his family. He is burdened with not only the tension of running his family but also bear the fees of the various cases and the lawyers, the maintenance orders passed by the court to the disgruntled wife and even the expenses of travels if the cases are filed in other cities which is generally done by wives to harass him further.
The “Fear Factor” plays a vital role in the whole horrific drama. The police terrorise the innocent family of husband with dire consequences and extort money. The lawyers go a step further by consoling the distort family that he is the “Savior” and they should rely on him totally. Thus he too cuffs up a huge amount as fees from the husband and drags the case.
Then comes the role of the judiciary. Even though at the initial stage when it is evident that it is a false and “open and shut” case the judges give date after date and harass the husband and family for years. The innocent husband is advised to make settlements in the form of monetary compensation to the adulterous wife. The whole system including the police, the lawyers, and the judiciary act as “Brokers” and are the “Benefactors” in this money-making industry which is termed as “Protective Marital laws” by the law makers.
The NCW chair-person Dr. Girija Vyas has taken up the cause of the honor killing of Nirupama Pathak of Jharkhand who is supposedly killed by her own family. This case would have covertly been transferred into a “Dowry death”, had it been in the in-laws home. Would Dr Girija Vyas then stand up for the women in the husband’s family (mothers and sisters)? May be not, as they have no place in the women’s ministry.
Although the government is aware of the random “misuse” of the laws like Section 498A, Domestic Violence, Maintenance laws, Child custody and Divorce but is reluctant to make any changes in these laws which are so “profitable” for the whole system.
Approximately 48% of the cases filed in the courts are of “Marital disputes“. Hence no one wants to lose the share of booty from this money-making industry. The tax-paying husband and his family become total “bakras” at the behest of this whole system whose salaries are paid from the tax given by the hard-earned money of these innocent husbands
The recent case of Mohammed Ajmal Aamir Kasav is an example of the speedy disposal of such a severe case of which the judiciary should take a lesson. It is disgusting that the judges take years to decide “petty marital cases”.
The demand of the present day is to bring “Transparency” in the court proceedings and to grant “Justice” to the innocent husband and his family. Marital disputes should not go to the police stations but to family courts and marriage counselors who are properly trained in these matters. These disputes should be settled in a limited “time frame” and not dragged unnecessarily for years. Punishments for filing false cases should be severe and in accordance with law so as to check the misuse. Compensation should be granted to the aggrieved and harassed family of the husband if the case proves to be false.
The Family Breaking Laws
The laws meant for the protection of women (read wife) are formulated on the recommendations of the Feminists, the NCW and WCD Ministry which are one-sided, biased and detrimental to family life. Since these laws have many loopholes they are “misused” by young women to harass the in-laws. Once a family matter goes to police-stations and courts, there is no scope of reconciliation which ultimately results in breaking of families. Does the Indian Government want a “Family-less-society” like the US for the future generations?
The Responsibility of the Media
The media being a very powerful means of reaching to the masses should bear certain responsibilities. Why do the media try to increase the TRP by showing one-sided stories of women being harassed by the in-laws? The media should refrain from using derogatory and resentful language for the husbands and in-laws. The current misuse of laws by wives and daughter-in-law is known to every one, why the media does not take up the responsibility of high-lighting these issues which can also prove to be an effective method to increase the TRP too which is the hot current issue these days?
Hence there should be no further delay by any government system as well as media to bring the “Wanted Change” in the society. Or else the police may rather arrest the husband and his family and put them behind bars as no investigation is done nor evidences considered either by the police or the courts, only the verbal complaints made by the woman and her relatives is considered as the “gospel truth“. Let the government start a “Jail Bharo Andolan” where the husband and his family can spend their life at the expense of the state treasury, as the famous saying “Justice delayed is justice denied” is very true for the victimized and innocent husband and his family.