Some of my blogger friends feel that I indulge in male bashing :), which is, of course, completely untrue. This post of mine tries to bring forth the agony which men face due to the draconian Domestic Violence Act of 2005. Hailed at that time as landmark by women’s organization, the Act has proved an anathema for men and their families. The Act has many loopholes and allows massive leeway for misuse on the part of a woman. It is a known fact that domestic violence or abuse is a reality. It is also true that in most cases, the women are at the receiving end of it. But to have an Act, which very loosely defines domestic violence, assumes that only men perpetrate it, and gives sweeping powers to women to misuse it was clearly poor legislation.
To assume that there are no women who would misuse this Act would be like living in a fool’s paradise. A few instances of misuse are that a woman just needs to file a First Information Report (FIR) at the nearest police station to get her husband or any of his family members arrested. Her testimony takes precedence over everything else and is treated as the whole truth without any evidence. I have read cases about how a woman and her family have blackmailed her husband for money or property threatening to get them arrested, in case, their demands are not met. It is a sad state where the husband and his family have to live in fear of having their lives destroyed. Many have spent years on end in jail, despite nothing being proven.
Injustice is gender neutral, and any law must aim to be as neutral and misuse-free as possible. This legislation clearly did not consider all these consequences. By bending forward to stop the injustice being done to women, which is still very much needed for genuine women victims, it has created a monster by which innocent men can be and are harassed. I really hope that this Act is amended before it ends up haunting the institution of marriage and husband-wife relationships in India.
PS: pic courtesy Filomena Scalise
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