As of now, India has no National Commission for Men like we have National Commission for Women (NCW) or National Commission for Scheduled Caste (NCSC). However, Demands has been raised frequently by social activists, civil society and human rights organizations for its creation because of the false allegations (Dowry and domestic violence cases) and mental harassment upon men specially Husbands, his close kith and kin.
PROBLEMS ASSOCIATED -
1. Violation of Human rights
2. Prima Facie, when any complaint is lodged at any Mahila Thana or any complaint case is filed at Lower courts where the petitioner is wife then unfortunately in most of the cases even without scrutiny, cognizance is taken without informing the opposite party. This is a very astounding aspect of Indian Judicial setup where no option is given to the respondent to prove his innocence until he becomes accused.
3. It is presumed even by discrete High courts that in Dowry and DV cases Husband is guilty until proven innocent which is in contradiction with the Honorable Apex Court's verdict that Bail is the rule and Jail is an exception but in most of the matrimonial disputes where the Husband's firm decision of not staying with the lady after filing false and concocted allegations brings him to face the heat of the Honorable Judges.
4. No legal remedy left in front of Husband but to either fight the false cases and simultaneously pay interim maintenance and monthly maintenance to the lady and child or children despite having legal provisions in favor i.e., 125(4) of CrPC which deals with three aspects where a lady will be denied maintenance or interim
(i) when she is living in adultery;
(ii) when she has left the house of the husband without sufficient cause and not ready to continue the conjugal life; and
(iii) when both are residing separately by mutual consent.
5. Unfortunately, the motto of Indian Judiciary which has its root in "MUNDAKA UPANISHAD" has virtually shifted from "SATYAMEVA JAYATE" to "MAHILAMEVA JAYATE" which can be well ascertained from a few biased judgments of the Apex Court which pronounced that Maintenance and Restitution of conjugal rights are independent which contradicts 125(4) and MP High court's verdict that wife's extra marital affair without sex is no ground for adultery.
6. No sigh of relief even approaching National Human Rights Commission.
7. Dreaming of Justice without having megabucks is like a bigwig joke in Indian Judicial arena.
8. False cases are filed by a few groups of Advocate in every district who are popular for filing and fighting false cases and most of them sign the affidavit by other names differing from those allotted on the Enrollment list of state bar council. No need to mention that even you file a complaint against such advocates no further action is taken against them by Bar council or even High courts.
9. Breach of Article 14
10. Pendency of cases in SC and HC is another grave concern that even if you try for Quashing the whole fallacious story you need to have immense patience as it can cost several years/decades of mental and psychological peace.
FEW ABSURD JUDGMENTS-
1. A case of false 498A was lodged in samastipur and a man was arrested in that case. After two years of imprisonment, when the accused approached the Honorable Patna High Court then it was found that this man was booked by mistake and has no relation with the Husband's family. The Honorable PHC has reprimanded the lower court's judge who took cognizance in that case and punished the judge with a fine of Rupees 200. It simply raises question that can a fine of Rupees 200 be equated with someone's 2 years of long imprisonment and his defamation in the society?
2. Honorable Supreme Court's judgment that lady entitled to maintenance from second husband even if previous marriage legally subsisting. Does this sounds ethical from the eyes of principles of natural justice?
REMEDIES AVAILABLE -
1. Instant creation of National Commission for Men.
2. Civil society should intervene and organizations like SIFF (Save Indian Family Foundation) should be created at District and Sub- division levels to resolve such disputes before approaching Courts.
3. Before taking cognizance on any matter the court/police must inform the respondent so that S/he can prove his/her innocence before filing of a false case.
4. Advocates Bill is another panacea in which provision should be there that if any advocate is found of malpractice, s/he must be debarred instantly and a huge fine must be imposed upon him/her.
5. There is a need for this society to remove this notion that only women are treated badly.
6. Women and all those who gave false witness upon completion of trial must be landed behind the bars and huge fine must be imposed upon them. Apart from that, child or children's custody should be revoked and given to father on the grounds that a false lady can never nourish a new-born and inculcate ethos in his/her character.
7. Filing of false cases upon men also acts as a retarder for such women who are the real victim of dowry harassment and Domestic violence. This society starts opining that these ladies are also uttering concocted fables.
8. Expediting the trial can also act as a soother for the real victim as Justice delayed is justice denied.
9. Since the Apex Court's is also the interpreter of the constitution, so different justice has a different eye on same issues. So, their interpretation should not be used as a tool to harass males rather the law books like IPC, CrPC must be preferred since their laws were framed keeping the laws of natural justice into consideration.
10. Parliament should bring in bills to safeguard the innocent males while keeping in view that the real victims of DV and Dowry should be punished simultaneously.
👍👍
ReplyDelete