Discriminating Laws

Over the years it is observed that whenever any pro-woman law is added in Indian Penal Code that is justified per Article 15(3) of Indian constitution. However, now Articles 14 and 15 were ignored and abused and a severely biased society is created. The ‘Special Provisions’ for women as per different special provisions of law are listed below –

  1. NCW Act 1990 – Formed a national body aided by the govt. with govt. resources exclusively for women and their empowerment. No such national or local body formed for men or boys.
  2. DV Act 2005 – Formed with the following benefits to women – DV cannot be filed by men against women, DV can only happen on women, no liability on the informant even for filing false DV case, employing a protection officer at govt. expense, registering a complaint without any proof, legal aid, informing her to file even more cases thus only increasing burden on Indian judiciary, govt. shelter home for women, service providers to restore DV act and they are FREE to do anything they want without any fear of legal action, treatment in any medical facility in the vicinity of the act if asked by the victim, application for relief under different provisions in one form even without starting different lawsuits, expediting the service of notice and the onus is on the protection officer and only a declaration by the protection is officer of serving the notice is enough unless the contrary is proved, speedy trial in such cases, assistance of welfare experts, Right to reside in a shared household whether or not she has any right in that house, aggrieved person shall not be evicted from the shared household without the provision of law, Protection orders for women, residence orders and eviction of offenders sometimes from their own houses, custody orders of children at any stage of the case (even on mere DV complaint), payment of compensation and damages even before the proof of charges, interim and ex-parte orders easily given only on the basis of affidavit, court to give copy of order free of cost, the protection order shall be in force till the aggrieved person applies for a discharge so women can enjoy these benefits lifelong and they need not have to earn a living at any stage until there is any counter case, multiple reliefs can be sought under different legal provisions for protection, custody, monetary, compensation creating a huge imbalance, breach of protection or interim order (and subsequent jail for the offender) may be granted only on the basis of victim’s statement and without any proof, no suit, prosecution or legal proceedings can be done against the protection officers for any of their acts.
  3. IPC 493 – Cohabitation caused by a man deceitfully inducing a belief of lawful marriage shall be punished upto ten years and fine. No such provision to punish women.
  4. IPC 497 – Only men are found guilty of adultery and jailed but adulterous women are exonerated. This provision was challenged before the Supreme Court of India. The remedy sought was to punish the women found guilty of adultery. But how could one even expect the Hon’ble Courts to act against the women. In September 2018, the Supreme Court declared the very provision unconstitutional and struck-off the Section 497 from the Indian Penal Code. So for now adultery is not a crime in India.
  5. IPC 498 – Enticing, taking away or detaining a married woman with criminal intent. Punishment two years imprisonment for the man. No penalty for women committing the same crime.
  6. IPC 498a – It is considered that only husband or relatives of husband can subject women to cruelty, cruelty is defined only for women but the same acts done by women are not considered as cruelty.
  7. CrPC 198a – Women, according to local customs and manners, ought not be appear in public.
  8. CrPC 198(2) – No person other than the husband of a woman (with some small exceptions) should be aggrieved under section 497. What about husbands’ family whose name is ruined in the society for adultery of their DIL.
  9. Sec 13(1)(i) of Hindu Marriage Act, Section 27(1)a of Special Marriage Act, Section 32D of Parsi Marriage and Divorce Act 1936, Section 10 of Indian Divorce Act says adultery as a ground for divorce – No women can be blamed for an adulterous relationship and no child can be called illegitimate until there is conclusive evidence in support of this claim. Here there is no way left for the husband to prove adultery of his wife – DNA test reports can be done only by the order of a competent court, e-mail / electronic evidences are considered supporting evidence and not conclusive one, eyewitness statements not possible in any intimate physical relationship, courts may not order DNA test in order to save the child from losing parenthood and can be ordered only if it is in the interest of the child. Charges of adultery should be specific and should be established in all probabilities. The nature of these cases is quasi-criminal i.e. higher standard of proofs needed for than mere preponderance of probabilities. This in itself encourages women to be in adulterous relations and men on the other hand have no weapon to prove his wife’s misconduct.
  10. Section 112 of evidence act 1872 – states that a child born during a marital bond or where the spouses have access to each other or within 280 days of divorce will be considered as legitimate child from the marital relation no matter whether s/he was born out of marital bond. An illegal act by a woman is legalized by this act without punishing her and thus prostitution is promoted. The same immoral act by the husband would not only attract legal prosecution against the husband but also heavy financial burden of the wife in the form of maintenance will be granted in woman’s favour. The reality of the society is changed manifold since 1872 but the law remains same thus encouraging more women to have adulterous relations.
  11. Section 494 and 495 of IPC (bigamy charges) – Only the aggrieved person can file but if it is the wife who is aggrieved then her father being the lineal ascendant can also file complaint. Advantage given to the women.
  12. CrPC 125 – Any person refuses to maintain his wife…. Maintenance provision only for women. Violation of equal right and discrimination in the eye of law.
  13. In numerous provisions for maintenance for women. – In addition to DVA, sec 125, we have Sec 25, HMA, Sec 20 of HAMA. Not for men.
  14. Sec 298A and 298B – 3 months jail for eve teasing. No law for men when they are bullied by women in the same way.
  15. Sec 292 – If a man shows pornographic or obscene pictures, books etc to women he will be punished. No law when the offender is a woman.
  16. Sec 354 – A man guilty of assault or criminal force to outrage a woman’s modesty. No such law to prevent male abuse by women.
  17. IPC 509 – Man can be punished for intent to insult the modesty of any woman to intrude upon her privacy by a fine and one year in prison. No such punishment for women having intent to intrude in man’s privacy.
  18. Protections under the Factories Act –
    a. No women should be given any shift other than between 6am to 7pm (Sec 66)
    b. Prohibits women from being employed in certain jobs unless certain conditions are met.
    c. Suitable sanitation facilities for women.
    d. If more than 30 women are employed, the employer must provide a crèche with certain facilities in the factory premises.
    e. No change of shifts except after a weekly or other holiday.
    f. Maternity leave to be included in the overall experience of the woman employee.
    Page 5 of 7
  19. IPC 375[1], 1860 – A man doing sexual intercourse without a woman’s will. No guideline as to prove a woman’s will here. She might have had consensual sex and still allege rape with a vindictive attitude.
  20. IPC 376 [2] – Marital rape to be punished for two years and / or a fine or both. However, no definition or punishment for rape when women pressurizing men for sex in marital relations. No punishment for women raising complaint with malicious intentions.
  21. IPC 376B/C/D – Public servant/higher ups seducing a woman under his position and having sex with her is liable to imprisonment. No such punishment when women want sexual favours from men. No protection of men from any false and frivolous allegations made by women with malicious intentions.
  22. 73rd and 74th Constitutional Amendment (1993) – One third of seats be reserved for women.
  23. 84th Constitutional Amendment (1998) – 1/3rd reservations in parliament and state legislature.
  24. The Immoral Traffic (Prevention) Act, 1956 – Females offenders found guilty under sec 7 & 8 of the law is sent to correction centre and not to jail.
  25. The Married Women’s Property Act, 1874 (3 of 1874) – Husbands don’t have any rights over wife’s property on marriage and also no protection of husbands from wife’s pre-marital debts.
  26. Protection of Women against sexual harassment bill 2010 (tabled in parliament) – Completely biased against Indian men. This kind of bill only portrays a picture of Indian corporate that sexual harassment is rampant in the industry whereas the reality is completely otherwise.

Various welfare measures taken to empower Indian women
1. Mahila Sammridhhi Yojana (1993)
2. Rasjtriya Mahila Kosh (1992-93)
3. Indira Mahila Yojana (1995)
4. DWACRA Plan (1997)
5. Balika Sammridhhi Yojana (1997)
6. Convention of All Forms of Discriminations against Women (CEDAW) in 1993

Miscellaneous other benefits given to women

  1. AIDWA, UNIFEM – National and international bodies for women. No such bodies for men.
  2. Local Mahila Mandals
  3. Interim Alimony Benefits
  4. Pro-wife investigating procedures
  5. Child Custody
  6. Public, Judiciary, Politicians, Media, Police sympathy
  7. Movies, Ads, Entertainment along violence against women
  8. Tax Benefits
  9. Loan non-repayment concessions
  10. Education benefits – fee waivers
  11. Special score waiver in IITs and IIMs
  12. Live in benefits
  13. 1-way share in husband’s properties
  14. Special transport in Metro cities
  15. Statement power to file cases (rape, 498a etc)
  16. Public prosecutor, Legal aid
    17.No punishment even for misuse of laws

Here, we would like to bring the point that the special provision in our constitution (Article 15(3)) was drafted in 1950s when the ground reality in terms of women’s social status, independence, education, ability to earn etc. was far less compared to present women.

*****

With due acknowledgement to http://www.themalefactor.com

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