Make Sec 498-A, DV Act gender neutral PDF Print E-mail
( 3 Votes )
Written by The Hitavada   
Wednesday, 04 November 2009 21:30

Save Indian Family Foundation (SIFF), a non-funded non-profit-making NGO fighting for men's rights, gender equality and family harmony and also engaged in creating awareness on misuse of gender obsessed laws like Section 498-A, Domestic Violence (DV) Act, and various Maintenance laws, has strongly demanded that Section 498-A be made bailable and non-cognisable and gender neutral.

SIFF has prepared a report "The Perils of Section 498-A of IPC " A Report on Changes Required" which has been submitted to Law Commission of Karnataka, headed by Justice V S Malimath (who chaired the high-level panel to reform criminal laws) and same will be submitted to Law Commission of India and Ministry of Law and Justice. According to SIFF, the existing provisions are highly biased and have been rampantly misused time and again leading to breakdown of Indian families and victimisation of husbands and their relatives including women relatives.

The report has highlighted the extent of misuse of Section 498-A of the IPC along with illustrative examples spread over the bandwidth of social strata and case stages. Quoting several judgements of higher courts, the SIFF report claimed that Section 498-A and the processes around it at various stages like complaint stage, FIR and bail stage, trial stage have made suicide "the only way out of a broken marriage for husbands. The report also dealt with impact of Section 498-A on the Government, police, elders, professional lives of individuals implicated in allegedly false 498-A cases, and psychological impact on individuals in particular and the society at large. Additionally, taking cognisance of the media reports that the National Commission of Women has suggested radical recommendations in the alimony and maintenance scenario especially in Section 125 of CrPC, which included giving maintenance to "adulterous wives" and forcing man to pay maintenance outside his sufficient means, SIFF has decided to prepare a report on the alimony/maintenance front as well. Keeping in mind that husbands are a major stakeholders in the alimony/maintenance scenario and SIFF being a prominent organisation focusing on husband's issues; SIFF has declared that it was extremely important to articulate the viewpoint of a neglected section of society in lawmaking, namely husbands, on the issue alimony/maintenance front and it had prepared a report titled "Rationalisation of Alimony Laws," which too would be submitted to Law and Commission of India with a strong request to rationalise the laws by addressing the needs and rights of husbands leading to a sane and just society.

 

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