Excerpt from CWQ: The ACP and the Copy

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Gender Neutral Definition of Crime

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29 Point Agenda to counter Legal Terrorism

We would recommend the following :

1.                    To convert section 498A into a bailable one.

2.                    To convert section 498A into a non – cognizable one.

3.                    A circular should be immediately issued to all the Police Stations in the country with specific directions not to arrest any person u/s 498A and 406 without thorough investigations and attempts of counseling where the wife is alive. If any arrest is made, it should be officially signed and authorized by a SP or DC rank and the police should be made to justify the arrest with prima facie evidence.
4.                    The learned court could carefully consider whether the allegations of the bride are indeed genuine at least against the in-laws or other relatives of the husband when it directs investigation under section 156(3) of CrPC for an offence under section 498A.

5.                    The Learned court could carefully take into account whether custodial detention is at all needed for the in-laws and other relatives.

6.                    Arrest should be made only after getting orders from the Magistrate after primary investigation and producing facts and evidences before the Magistrate

7.                    Arrest should not be made before trial in cases where the wife is alive.

8.                    Sections 120B, 177, 182, 211, 199, 200, 209, 499 and 500 of IPC should be extensively used against false complainants.

9.                    If a wife files 498A, the husband should be allowed immediate divorce.

10.                At the stage of counseling before 498A, the parents and/or relatives of the wife should be strictly prohibited to interfere in the family matter of the daughter. If the in-laws are blamed, after investigation, the in-laws should be separated from the son of the family. The husband and wife should be asked to stay separately.
11.                Counseling if any should be brought out of the ambit of police or government officials and be handed over to different NGO’s working in this field hence making sure that it is a real counseling and not a threatening process.

12.                To replace the word “husband” or “wife” with the word “spouse in all related laws, so as to ensure equality in law for men and women.

13.                Make provisions for a man to file complaint when a wife and in-laws harass him and commit cruelty. Create sections 498B and 304C in IPC to protect men and women in his family when the perpetrators of crime are daughters-in-law and their family.

14.                Make provision for penalty on a false complaint by amending IPC 498A. Lodging a complaint u/s 498A IPC has become a tool of manipulation, legal blackmail and legal terrorism in the hands of certain unscrupulous people.

15.                Speedy and fair trial in all marital disputes.

16.                Make registration of marriages compulsory. Gifts at time of marriage must be listed and photographed.

17.                Make extensive use of section 3 and 4 of the Dowry Prevention Act.

18.                Strict conviction of either the complainant or the defendant.
19.                No negotiations be allowed at the cost of money/property/gift whatsoever and the faulty should be severely punished.

20.                For any negotiation or exchange of amounts made, both the parties should be made liable for prosecution on recommendation of a third party.

21.                Ensure fair and unbiased investigation & trial of Dowry related complaints, which is totally in favor of daughter-in-law and disregards the trauma caused to mothers and sisters due to a false complaint. Judiciary and enforcement agencies must recognize the possibility of wives and daughter-in-law maltreating the husband and old in-laws or other vulnerable members of the husband’s family.

22.                Distant relatives not routinely living with the couple should not be allowed to be named in the complaint and excluded routinely.

23.                Fathers should not be routinely deprived of child custody by assuming mother is the best for the child. Child should not be made to choose between parents and joint custody be preferred.

24.                No Passport surrender and unnecessary travel restrictions should be imposed at the time of bail. Passports should not be impounded and restrictions of going abroad where wife is alive should be lifted with a condition that the husband should appear in the court as and when summoned.

25.                Elder abuse in the name of IPC 498A should be absolutely stopped.

26.                Government employees should not face compulsory suspension in case arrested due to a false complaint.

27.                Legislation involving domestic issues should be enacted keeping in view the preservation of institution of marriage and not based on gender bias.

28.                82% of the individual income tax collected in the country is paid by men. Spending is all done for women only. Animals in the country have a welfare ministry. Now is a need for opening of a Men’s welfare ministry.

29.                Unlike the Crime Against Women Cells, Crime Against Men Cells are also becoming need of the hour.

Male Victims in India – Always dammed

Recently the Arushi Murder case made quite a sensational headline. All the major news channels flashing the headlines. Honorable minister of Women and Child Development, Mrs. Renuka Choudhary also took the police force to task for not handling the case properly and using derogatory language for Arushi and demanded a CBI probe into the same. But what everyone conveniently forgot here is the fact that there were two murder victims, the second one being the male servant, Hemraj. But barely do we hear any news of the unfortunate invisible male victim in the twin murder episode in Noida.

But whilst there has been a lot of gung ho about delivering justice to a 14 year old Arushi, which is fairly acceptable as well, but such a provision does not mandate depriving a male victim his share of justice as well. People, society, authorities, government, media, all and sundry involved have conveniently forgotten the invisible male victim in the whole episode. Also the father has been made the easily sellable scapegoat accused as per the convenient male victim theory. Even the CBI taking custody of the father Mr. Rajesh Talwar for about close to two weeks now, has failed to find any evidence against him and he has spent 2 weeks in jail.

For how long will the males in this country be dammed in the name of justice and duty? One girl dies and so much of a euphoria is created, will the same be created had Rajesh fathered a male child and that child would have met the same unfortunate fate? There are so many boys murdered in the society and there is not even a mention of those unfortunate deaths let alone imparting justice to them. If this the era of Gender Equality then why are the males in this country always dammed and denied a fair and impartial chance let alone justice. What is the definition of such an equality which is suffering from biased standards?

An adolescent child studying in class XI / XII involves in rash and drunken driving and instead of punishing that child, amendments are proposed to cancel the driving license of the Father. Why not of the mother? Is it not a mother’s role to imbibe values in her children and when the attempt fails, the father, a male has to pay the penalty, why?

For how long will the society remain oblivious to the woes and blues of the INVISIBLE MALE VICITM? And consider their harassment as an honorary service? Psychologists have time and again warned against cornering and now Indian men are facing the same cornering and this phenomenon has led to the development of severe distrust amongst male towards the system.

Yesterday a man in UP who was arrested on charges of illegal liquor trade and was being sent to jail, was beaten up black and blue by the police when he pleaded innocence and resented being sent to jail as he feared more violent treatment in jail. He kept crying and re-iterating his stand that he was falsely implicated, but the policemen beat him up in full public view and in front of the media. There was no one to save him from the draconian clutches of the inhuman policemen who were acting like goons in uniform. Is this a form of treatment the civil society is going to adduce to males?

The civil society needs to wake up to this alarming trend of the meaty treatment meted out to the males of this country who do the most risky jobs, pay 82 % of taxes and yet do neither have a Men’s Welfare Ministry nor a National Commission of Men to redress their grievances and that is the reason the unfortunate males in this country have to resort to suicide to end their woes as is reflected in the suicide statistics as published by the National Crime Records Bureau. Every year on an average 75, 000 men are ending their lives as opposed to 35, 000 women. Yet these figures never make their way to the public. The fourth pillar of democracy, the media has to take this responsibility to highlight the plight of men in this country who are living in a very delirious situation at the point of being target to injustice any moment.

Men need to understand the scenario and they need to highlight their woes to the government to get their grievances redressed.