GUWAHATI, Dec 19 – Even Dr Bhupen Hazarika’s songs could be cited as one of the reasons for a wife seeking legal protection under Sec 498(A) of the IPC and Protection of Women from Domestic Violence Act! May sound bizarre but this has happened in Assam’s Karimganj district where a wife had likened her husband’s liking for the maestro’s songs to causing ‘mental torture’ on her, and cited it as among the reasons why she wanted legal protection from the court.

Though the court eventually turned down the flimsy plea of the appellant, the family was already broken.

The incident in Karimganj is not just an one-off incident, as surveys carried out by various organizations in the last few years have shown that most of the cases under Sec 498 (A), of the IPC filed by a wife were proved false in the court of law. They were found either flimsy or based on concocted stories, a phenomenon which has now compelled experts to vouch for legal protection for men, who unlike what is generally believed, have often been at the receiving end of domestic violence.

It needs mention here that an estimated 98 per cent cases under Sec 498(A) were found false in a study conducted by the Centre of Social Research (2003) and even responses to National Crime Record Bureau 2006 data stated that in approximately 80 per cent cases, people had proved their innocence in the court that they had been arrested without any valid reasons/evidence as Sec 498 (A) is non-bailable.

In view of such a scenario, legal experts and victims are pressing for a parallel law, this time for men though. Amendment of the Protection of Women from Domestic Violence Act is billed as another way to arrest the rising trend of men being harassed by women during a consultation on ‘Matrimonial Discrimination and Socio-Legal Protection’ organised by the Social Action Network today.

Those putting their weight behind having legal protection for men include two retired districts Judges, PC Borpujari and KC Gogoi, who, while sharing their professional experience in dealing with such cases, urged the legislators to enact a parallel law.

“Law should be equal for one and all and if any gender is being subjected to harassment under the cover of any Act, as under Sec 498(A), corrective measures should be taken,” said Borpujari while addressing the gathering.

Gogoi also echoed similar sentiments but also urged the senior members of the families to play a more proactive role.

Dr Jeuti Barooah, director general, Law Research Institute, Gauhati High Court advocate Neelotpal Deka and AC Deka of Social Action Network also spoke on the occasion.