Domestic Violence Against Women
Law in India
Frequently Asked Questions
(We do not take any responsibility
of the answers, the are only opinions, please consult your lawyer
!!)
1) What is Domestic
Violence Bill ?
Ans: Domestic Violence Bill is a Bill that provides all women
in the domestic relationship, whether marriage or live-in, a
right to seek legal action against her male partner if she perceives
her male partner's conduct is a form of domestic violence. If
the complaint is lodged, a protection officer, predominantly
a female, will pass restraining orders and give a second chance
to reconcile. If the woman complains yet again, the male partner,
irrespective of his family background and social status, will
be convicted with one year imprisonment and fine of Rs. 20,000/-
without any further enquiry..
2) What are the forms
of Domestic Violence Bill?
Ans. The various forms of Domestic Violence are as follows:
(a) harms or injures or endangers the health, safety, life,
limb or wellbeing, whether mental or physical, of the aggrieved
person (woman) or tends to do so and includes causing physical
abuse, sexual abuse, verbal and emotional abuse and economic
abuse; or
(b) harasses, harms, injures or endangers the aggrieved person
(woman) with a view to coerce her or any other person related
to her to meet any unlawful demands for any dowry or other property
or valuable security; or
(c ) has the effect of threatening the aggrieved person (woman)
or any person related to her by any conduct mentioned in clause
(a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental,
to the aggrieved person (woman).
3) Does the Domestic
Violence Bill protect men?
A.The Domestic Violence Bill does not protect men.
4) In what ways this
Bill is bad for men?
A. Firstly, it does not provide any legal protection to men.
Only women have the right to complain and seek legal action
against their male partner. Even if the male partner is a victim
of domestic violence, he has no right to complain. When the
woman will complain of domestic violence, prima facie, the complaint
will be treated as true and genuine. It will be the responsibility
of the accused, the male partner, to prove his innocence. After
the first complain, the Protection officer will issue a final
warning after which the male partner could be imprisoned for
one year if the woman decides to complain again. After the first
complaint, the male partner will be under constant threat of
getting convicted and will do anything the woman tells him to
do.
Mental harassment is a relative term. Even if the male partner
hasn't harassed the woman, she has the right to accuse the male
partner of domestic violence. Harassment is defined here from
the woman's point of view only. Just a mere petty argument within
a relationship, which is an acceptable and general phenomenon,
can be called harassment. If the male partner is cruelly nagged
and decides to defend himself, the conduct of the male partner
will be treated as a form of domestic violence, which will be
a punishable crime. Women's vicious nagging has drove thousands
of men to commit suicide. In one year, 22,000 men are committing
suicide only because of women's atrocities, and the figures
are increasing. A male partner not living on the woman's terms,
the male partner will be accused of committing a crime. Whatever
the woman says, the male partner has to do it. If you don't
do what the woman says, you will be punished legally. Be henpecked
or be handcuffed.
Economic abuse is a relative term. If a male partner refuses
to pay exorbitant monetary demands of the woman, she can accuse
him of domestic violence. Not meeting her extravagant monetary
demands is a punishable crime. She can demand any amount of
money, and refusing her, will invite legal action. Her extortion
is legal after this Bill. When any property is held by the male
partner and if the woman has any "interest" in the
property, the woman has to right to demand what she wants and
not giving her will invite imprisonment.
Verbal and emotional abuse is a relative term. A male partner
if resists of getting brutally nagged by the woman, he will
be accused of subjecting the woman to verbal and emotional abuse.
A woman is free to abuse their male partner verbally and emotionally.
But for the male partner to even defend himself, it is a crime.
If a male partner decides to answer back, he is committing a
crime. Lack of unconditional obedience from the male partner
is a punishable crime.
If the male partner requests to the woman to make love when
the woman is not in the mood, the male partner is committing
a crime. If the woman demands sex from the male partner and
he refused because he is not in the mood, the male partner is
said to be sexually abusing the woman. The male partner must
satisfy the woman sexually as and when she likes it. When the
woman is not interested in having sex with him or forces him
to have sex with her when he doesn't want to, the male partner
cannot complain of sexual abuse.
In every possible ways, the male partner can be legally controlled
by the woman. Not allowing the woman to control the male partner,
the male partner is committing a legal crime according to this
Bill. The male partner will be arrested if he slightly deviates
from the command given by the woman. Even if the male partner
has ended the relationship with a woman in the past, the woman
can still dig out the grave and complain against the male partner
of domestic violence, which is usually done to take revenge.
Since the protection officer will be a female, the male partner
will be threatened of imprisonment if he does not do what his
female partner tells him to do.
5) Only married
men are in danger?
A. No. Domestic Violence Bill extends to live-in relationships
too. This also includes relationship between girlfriend and
boyfriend..
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