When we talk about equality it’s not just the equality in terms of the queue, reservation in Parliament, education, fares of trains and buses, in employment. It must also include equality in terms of criminal offences and civil rights.
On one hand where Article 14 of the Indian constitution lays down that:
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Yet the same legal system of India discriminates on the basis of sex for example-
- After the special marriage Act, the 1954 Indian constitution started playing so unfairly between Men and women. Section 37 of the Act provides that only the wife can claim permanent alimony and maintenance
- Section 354A of the Indian Penal code, 1860 provides that a man can be punished for 3 years of imprisonment for sexual harassment of women but what about men who are sexually assaulted at the workplace by women?
- Similarly, section 498A allows women to lodge a complaint on husband for mental cruelty but what about men who face such mental cruelty by his wife
- The sixth description of section 375 IPC provides that if a guy under 16 years of age has consensual sex with the girl of his age, he is a rapist while this is a clear scientific fact that girls get mature earlier than boys. Then why is this IPC so unfair?
- Similarly a description of section 375 provides that if a man has consensual sex with women after promising for marriage, he can’t refuse to get married to that woman — if he does so he will be labelled as a rapist in India. Can’t a man change his mind due to compatibility issues?
- Who the judge is to determine a man’s sincerity or falsity in talking of marriage?
- If a deceased has no will it’s his spouse, mother, and the children who will inherit the property that belongs to the deceased, but the father of the deceased will not get anything until the deceased has no spouse, mother, and Child. This is yet another unfair and biased law provided by the Hindu Succession Act, 1956
- Thanks to the judiciary who curbed the Sec497 of Indian penal code, 1860 and made adultery null and void. This led to a big hue and cry amongst a section of women. Under this section of the Indian Penal Code, if a man would commit adultery with the wife of another man, he can be prosecuted under this provision, however, if women committed adultery with the husband of another woman she could not be prosecuted
- If the death of women is caused by burns or bodily injury within the seven years of the period of marriage, the husband is booked and arrested, even without any fault. Not only the husband, but also their parents and other family members are implicated in the same. Yes, I do agree that there are many cases of physical torture and burning of brides, but how can law hold the husband guilty even before any investigation – often fuelled by the girl’s parents? Why is it that every such case is registered under 304B IPC? Alternately, several men commit suicide within months of marriage, and their wives are left scot free — concluding that the man wasn’t strong enough to face consequences of life.
Let’s not forget to discuss the Dowry Prohibition Act,1961 which makes both giving and accepting dowry a punishable offence. Violation of the law made is punishable with 5 years of imprisonment and Rs 15,000 fine or the amount of dowry whichever is more.
While so many women have taken shelter under the biased law to get rid of violent marriages, the Supreme Court of India passed an order in July 2017 quoting that “Women centric laws were being misused by some disgruntled wives” to frame their husband and their relatives in false cases.
The Supreme court of India also quoted that the National crime records bureau (NCRB) says that approximately 200,000 people were arrested in 2012 and only 14.4% of the accused were convicted. The bench also said that the Human rights of the innocents can not be brushed aside just to make the statute effective.
Along with all these laws, men also need to tackle the social harassment which they face after such cases. Legislation should also need to pay attention to such issues.
- Why only “Beti Bachao, Beti Padhao”?
- Why not “Beta Bachao, Beta Padhao”?
- Why only Women empowerment policies only?
- Why not empower men?
- Why just Vidhwa Pension scheme?
- Why not schemes for unmarried old men?
- Why No schemes for those who lost their wife?
There are so many other examples of such laws that allow women to play safe and quit the game of marriage at any stage without any hesitation of losing anything.
I believe the false allegations of rape by women who have been in consensual relationships trivialise the seriousness of rape. On another hand, The tragedy is that with so many false cases, genuine victims of rape may find it harder to get justice.
Dear Brothers,
Till the time we do not get Men’s Commission, be very alert, play safe, and maintain distancing with the women of the feminist society.
About the Author:
Rajan Dubey is a Immunology researcher turned law professional and a social activist. The views expressed by the author are of his own.
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http://voiceformenindia.com/in-the-social/rights-of-a-husband-divorce-india/
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