Procession concluded by Dharna on 04-06-2011 by National Family Harmony Society® to protest against heavy misuse of Domestic Violence Act
Subject: Procession concluded by Dharna on 04-06-2011 by National Family Harmony Society® to protest against heavy misuse of Domestic Violence Act and subsequent breaking of families.
About National Family Harmony Society®: “National Family Harmony Society®” NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 16000 members all over India. To know more about us please visit www.family-harmony.org / www.498a.org.in / https://498amisuse.wordpress.com
Procession starting at Town Hall @10.00 AM
Procession concluding at Banappa Park @10.30 AM
Dharna at Banappa Park 10.30 AM – 12.00 Noon
On the face of it, the law appears to be a blessing for people in abusive or violent relationships. However, a careful analysis reveals that, under the ploy of “women welfare”, this law is yet another misguided attempt to enact legislation, which is bound for heavy misuse, breaking families and to create a society where men are deprived of their rights. There are three fundamental problems with this law :-
a) It is overwhelmingly gender biased in favor of women
b) The potential for misuse is astounding
c) The definition of domestic violence is too expansive and loosely worded
The Domestic Violence Act was formed to stop the Domestic Violence against women but now it is being misused to such an extent that women suffering from its misuse have far outnumbered the women suffering from Domestic Violence. It is necessary to take steps to stop the misuse of this Act to prevent the family system of India from breaking down and at the same time ensure justice to genuinely abused women.
1) DV Act should be made gender-neutral and equal protection should be provided to men and women against physical, emotional, verbal and economic abuse.
2) DV Act, like every other law, must be based on the presumption of innocence until guilt is proved. In addition, the DV Act must follow the principle of according a fair trial to the accused.
3) Service providers should not be delegated with judicial and investigatory functions. In addition, service providers and counselors must be persons or organizations who have a track record of working for family harmony, true gender equality, and possess a balanced and educated approach towards serious issues like domestic violence.
4) In order to protect victims of domestic violence from further abuse, they should be removed from the abusive situation and relocated to shelters homes. Denying the accused persons of residential rights on their own property violates the human rights of the accused. In addition, a genuine victim who is not removed from the site of abuse is more likely to fall prey to violence again and again.
5) A complainant should not be allowed to claim maintenance under DV Act, as there are four other existing provisions, CrPC 125, Hindu Marriage Act Section 24, Hindu Marriage Act Section 25, and HAMA 18, which simultaneously allow woman to seek maintenance.
6) DV Act should not be allowed to contain any of the same protections and provisions granted under any other laws without first repealing those other laws and rendering them ineffective. For example, since the DV Act provides protection to women against cruelty by the husband and his relatives, IPC Section 498A should be repealed with immediate effect.
7) DV Act attempts to legalize live-in relationships, thereby violating laws against polygamy. Forcing legal interference into a relationship that is legally invalid is simply ridiculous. Therefore, live-in relationships must be removed from the purview of the DV Act.
8) Child custody decisions should not be decided by DV Act as they are summary trials. Rather it should be decided by Family Court after full fledged trials after taking into consideration of the welfare of the child.
9) Persons filing false cases to settle personal scores should be severely punished for misusing the judicial process and blocking the path of justice for genuine victims.
In short, the DV Act should be replaced by a more benign, sensible, gender-neutral legislation that ensures women and men their rightful, honorable place within and outside the home, in order to promote family harmony, reduce litigations and prevent legal terrorism and extortion through misuse of the law.
For Further Information please contact:
P Suresh, President, 9880141531
M Mahesh, General Secretary, 9731569970