Domestic Violence – A checklist for Men.
For general public Domestic Violence (DV) means a drunken guy beating his wife. If this is the only picture coming to your mind while talking about violence at home then you are completely wrong.
As per section 37 of Protection of Women from Domestic Violence Act (PWDVA), central government has the right to define the “Rules” regarding execution of domestic violence Act. This article is about the definitions or various other offenses, given by Ministry of Women And Child Development through notification in The Gazette of India: Extraordinary on 17th of October, 2006.
The following excerpts are from the form that an aggrieved woman needs to fill out while reporting a domestic incident of violence. So wherever it is mentioned “you” means the aggrieved woman.
Economic violence
Not providing money for maintaining you or your children.
Not providing food, clothes, medicine, etc, for you or your children.
Forcing you out of the house you live in.
Preventing you from accessing or using any part of the house.
Preventing or obstructing you from carrying on your employment.
Not allowing you to take up an employment.
Non payment of rent in case of a rented accommodation.
Not allowing you to use clothes or articles of general household use.
Selling or pawing your stridhan or any other valuables without informing you and without your consent.
Forcibly taking away your income, salary or wages etc.
Disposing your stridhan.
Non payment of other bills such as electricity etc.
Any other economic violence.
Dowry related harassment
Demands for dowry made.
Any other detail with regard to dowry.
Physical violence
Beating
Slapping
Hitting
Biting
Kicking
Punching
Pushing
Shoving
Causing bodily pain or injury in any other manner
Verbal and Emotional Violence
Insults
Accusation/aspersion on your character or conduct etc
Insult for not bringing dowry etc
Insult for not having male child
Insult for not having any child
Demeaning, humiliating or undermining remarks/statements
Ridicule
Name calling
Forcing you to not attend school, college or any other educational institution.
Preventing you from taking up a job.
Preventing you from leaving the house
preventing you from meeting any particular person.
Forcing you to get married against your will.
Forcing you to get married when you do not want to marry.
Preventing you from marrying a person of your choice.
Forcing you to marry a person of his/their own choice.
Threat to commit suicide
Any other verbal or emotional abuse
Sexual Violence
Forced Sexual Intercourse
Forced to watch pornography or other obscene material
Forcibly using you to entertain others
Any other act of sexual nature, abusing, humiliating, degrading or otherwise violative of your dignity
If any act of domestic violence is committed against you by a person(s) with whom you are/were residing in the same house, you can get all or any of the following orders against the person(s)
(a) Under Section 18:
1. To stop committing any further acts of domestic violence on you or your children;
2. To give you the possession of your stridhan, jewellery, clothes etc.
3. Not to operate the joint bank accounts or lockers without permission of the court
(b) Under Section 19:
1. Not to stop you from residing in the house where you were residing with the person(s)
2. Not to disturb or interfere with your peaceful enjoyment of residence
3. Not to dispose off the house in which you are residing
4. If your residence is a rented property then either to ensure payment of rent or secure any other suitable alternative accommodation which offers you the same security and facilities as earlier residence.
5. Not to give up the rights in the property in which you are residing without the permission of the court.
6. Not to take any loan against the house/property in which you are residing or mortgage it or create any other financial liability involving the property.
7. Any or all of the following orders for your safety requiring the person(s) to
(c) General Order:
1. Stop the domestic violence complained/reported
(d) Special Orders:
1. Remove him/stay away from your place of residence or workplace;
2. Stop making any attempts to meet you
3. Stop calling you over phone or making any attempts to communicate with you by letter, e-mail etc
4. Stop talking to you about marriage or forcing you to meet a particular person of his/their choice for marriage
5. Stay away from the school of your child/children, or any other place where you or your children visit
6. Surrender possession of fire arms, any other weapons or any other dangerous substance
7. Not to acquire possession of fire arm, any other weapons or any other dangerous substance and not to be in possession of any similar article
8. Not to consume alcohol or drugs with similar effect which led to domestic violence in the past
9. Any other measure required for ensuring your or your children’s safety
(e) An order of interim monetary relief under section 20 and 22 including –
Maintenance for you and your children
Compensation for physical injury including medical expenses
Compensation for mental torture and emotional distress
Compensation for loss of earning
Compensation for loss caused by destruction, damage, removal of any property from your possession or control
Note: – Any of the above relief can be granted on an interim basis, as soon as you make a complaint of domestic violence and present your application for any of the relief before the court.
Alright guys, now tell me how many of you are engaged in domestic violence? Does that make sense when NCW, WCD, UN, UNIFEM etc (most probably you too) saying 70% of women in India face domestic violence? It is not one out of three but three out three women in India are facing domestic violence as per this Rule.
It will cost several pages if I start explaining all the points in the Rules, so I’ll take a couple of simple examples and leave the rest as food for your thoughts.
Eg 1:- “Not allowing you to use clothes or articles of general household use” — How many of you guys might have told women in your house that “No TV until your exams are done” or “No serials until the cricket match is over”.
Eg 2:- “Not to disturb or interfere with your peaceful enjoyment of residence” —
If you happen to know that your wife is using your residence for any unlawful activity or meeting with her paramour(s) you most likely want her to move out of the house. But PWDVA ensures that you will be restrained from getting into your own house because you have committed domestic violence based on this poorly drafted unconstitutional Act.
If you never knew that you are committing domestic violence, it is not a valid point because “Ignorantia juris non excusat”; means ignorance of law is not an excuse.
You might think women are committing domestic violence against men when they do one or more acts mentioned in the Rules; then you are totally mistaken. As per this Act women are ALWAYS victims and men are ALWAYS perpetrators.
Monday, June 14, 2010
The Faithful Dog
*The Faithful Dog*
* *
* *
*The old Story in new look*
There is a legend of a woman who had a faithful dog. This dog was so
faithful that the woman could leave her baby with it and go out to attend
other matters. She always returned to find the child soundly asleep with the
dog faithfully watching over him.
One day, something tragic happened.
The woman as usual, left the baby in the "hands" of this faithful dog and
went out shopping. When she returned, she discovered a rather nasty scene.
There was a total mess.
The baby's cot was dismantled. His nappies and clothes torn to shreds, with
bloodstains all over the bedroom where she had left the child and the dog.
Shocked, the woman wailed as she began looking for the baby.
Presently, she saw the faithful dog emerging from the under the bed. It was
covered with blood and licking its mouth as if it had just finished a
delicious meal. The woman went berserk and assumed that the dog had devoured
her baby. Without much thought, she clubbed the dog to death.
But as she continued searching for the "remains" of her child, she beheld
another scene.
Close to the bed was her baby who, although lying on the bare floor, was
safe. And under the bed, the carcass of a jackal torn to pieces in what must
have been a fierce battle between it and the dog which was now dead.
Then reality hit the woman, who now began to understand what took place in
her absence. The dog fought to protect the baby from the ravenous jackal. It
was too late for her now to make amends because in her impatience and anger,
she had killed the faithful dog.
*Question: How often have we misjudged people and torn them to shreds with
harsh words and even with physical assault before we have had time to
evaluate the situation? A little patience can drastically reduce major life
long errors.*
*
Think about it!***
--
(Crime Is Crime. Punishment should be irrespective of gender, religion and
caste. Let us be honest and fight for truth)
* *
* *
*The old Story in new look*
There is a legend of a woman who had a faithful dog. This dog was so
faithful that the woman could leave her baby with it and go out to attend
other matters. She always returned to find the child soundly asleep with the
dog faithfully watching over him.
One day, something tragic happened.
The woman as usual, left the baby in the "hands" of this faithful dog and
went out shopping. When she returned, she discovered a rather nasty scene.
There was a total mess.
The baby's cot was dismantled. His nappies and clothes torn to shreds, with
bloodstains all over the bedroom where she had left the child and the dog.
Shocked, the woman wailed as she began looking for the baby.
Presently, she saw the faithful dog emerging from the under the bed. It was
covered with blood and licking its mouth as if it had just finished a
delicious meal. The woman went berserk and assumed that the dog had devoured
her baby. Without much thought, she clubbed the dog to death.
But as she continued searching for the "remains" of her child, she beheld
another scene.
Close to the bed was her baby who, although lying on the bare floor, was
safe. And under the bed, the carcass of a jackal torn to pieces in what must
have been a fierce battle between it and the dog which was now dead.
Then reality hit the woman, who now began to understand what took place in
her absence. The dog fought to protect the baby from the ravenous jackal. It
was too late for her now to make amends because in her impatience and anger,
she had killed the faithful dog.
*Question: How often have we misjudged people and torn them to shreds with
harsh words and even with physical assault before we have had time to
evaluate the situation? A little patience can drastically reduce major life
long errors.*
*
Think about it!***
--
(Crime Is Crime. Punishment should be irrespective of gender, religion and
caste. Let us be honest and fight for truth)
Friday, June 11, 2010
Forget about freedom: SC to husbands
Marriage is a crime for men in India. Openly the husband is being treated as
FREE ATM MACHINE.
Courts have reduced themselves to settlement centers between husband and
wife to enable wife to loot and extort husband legally. Hats off to Supreme
Court to come out in its true colors.
All this had been happening under the carpet, now it is happening openly.
Refer news,
http://economictimes.indiatimes.com/news/politics/nation/Forget-about-freedom-SC-to-husbands/articleshow/6034997.cms
FREE ATM MACHINE.
Courts have reduced themselves to settlement centers between husband and
wife to enable wife to loot and extort husband legally. Hats off to Supreme
Court to come out in its true colors.
All this had been happening under the carpet, now it is happening openly.
Refer news,
http://economictimes.indiatimes.com/news/politics/nation/Forget-about-freedom-SC-to-husbands/articleshow/6034997.cms
Saturday, June 5, 2010
Women too can be booked for domestic violence, rules court
Fri, Jun 4 07:10 PM
New Delhi, June 4 (IANS) The Delhi High Court Friday ruled that mother-in-law too can be charged under the Domestic Violence Act.
A division bench of Justice A.K. Sikri and Justice Ajit Bharihoke said, 'It is common knowledge that in case a wife is harassed by husband, other family members may also join him in treating her cruelly. And such members would invariably include female relatives as well.'
'If restricted interpretation to the Domestic Violence Act is given, the very purpose for which this act is enacted would be defeated. It would be very easy for the husband or other male members to frustrate the remedy by ensuring that the violence on the wife is perpetrated by female members,' the court said.
The court was hearing the appeal filed by Varsha Kapoor, mother-in-law, against a lower court order that had issued her a notice for violation of the provisions of the Act.
Kapoor had challenged the order, saying a woman cannot charge another woman under Domestic Violence Act.
The petitioner also stated that the act is enacted to protect women from men, and therefore, a woman cannot be respondent in a petition filed by another woman.
'We are afraid there is hardly any merit in the argument. Main provision deals with those who are in a domestic relationship with the respondent, whereas proviso deals with aggrieved wife or a female in live-in relationship,' the court said.
http://in.news.yahoo.com/43/20100604/812/tnl-women-too-can-be-booked-for-domestic.html
New Delhi, June 4 (IANS) The Delhi High Court Friday ruled that mother-in-law too can be charged under the Domestic Violence Act.
A division bench of Justice A.K. Sikri and Justice Ajit Bharihoke said, 'It is common knowledge that in case a wife is harassed by husband, other family members may also join him in treating her cruelly. And such members would invariably include female relatives as well.'
'If restricted interpretation to the Domestic Violence Act is given, the very purpose for which this act is enacted would be defeated. It would be very easy for the husband or other male members to frustrate the remedy by ensuring that the violence on the wife is perpetrated by female members,' the court said.
The court was hearing the appeal filed by Varsha Kapoor, mother-in-law, against a lower court order that had issued her a notice for violation of the provisions of the Act.
Kapoor had challenged the order, saying a woman cannot charge another woman under Domestic Violence Act.
The petitioner also stated that the act is enacted to protect women from men, and therefore, a woman cannot be respondent in a petition filed by another woman.
'We are afraid there is hardly any merit in the argument. Main provision deals with those who are in a domestic relationship with the respondent, whereas proviso deals with aggrieved wife or a female in live-in relationship,' the court said.
http://in.news.yahoo.com/43/20100604/812/tnl-women-too-can-be-booked-for-domestic.html
498a Stats
Data you should know and remember all the time
Total 498A cases filed In 2008, 105809 cases were filed under IPC 498A. It means every 4.90 minutes one case is filed under IPC 498A.
Total Arrests in 498A - TOTAL : In 2008, 164861 persons were arrested in IPC 498A. It means every 3.19 minutes one innocent person is getting arrested in IPC 498A.
Total Arrests in 498A - MALES : In 2008, 127492 males were arrested in IPC 498A. It means every 4.12 minutes one innocent male is getting arrested in IPC 498A.
Total Arrests in 498A - FEMALES : In 2008, 37369 females were arrested in IPC 498A. It means every 14.07 minutes one innocent female is getting arrested in IPC 498A.
Total Arrests in 498A - Children : In 2007, 302 children were arrested in IPC 498A. It means almost per day one child is being arrested in IPC 498A.
Total Arrests in 498A – Senior Citizens : In 2007, 3500 senior citizens were arrested in IPC 498A. It means almost every 2.5 hours one senior citizen is being arrested in IPC 498A.
Suicide by husbands - 2008 : In 2008, 80544 husbands committed suicide. That means every 6.52 minutes one husband is committing suicide.
During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle.
From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law.
These are stats from the NCRB.
Total 498A cases filed In 2008, 105809 cases were filed under IPC 498A. It means every 4.90 minutes one case is filed under IPC 498A.
Total Arrests in 498A - TOTAL : In 2008, 164861 persons were arrested in IPC 498A. It means every 3.19 minutes one innocent person is getting arrested in IPC 498A.
Total Arrests in 498A - MALES : In 2008, 127492 males were arrested in IPC 498A. It means every 4.12 minutes one innocent male is getting arrested in IPC 498A.
Total Arrests in 498A - FEMALES : In 2008, 37369 females were arrested in IPC 498A. It means every 14.07 minutes one innocent female is getting arrested in IPC 498A.
Total Arrests in 498A - Children : In 2007, 302 children were arrested in IPC 498A. It means almost per day one child is being arrested in IPC 498A.
Total Arrests in 498A – Senior Citizens : In 2007, 3500 senior citizens were arrested in IPC 498A. It means almost every 2.5 hours one senior citizen is being arrested in IPC 498A.
Suicide by husbands - 2008 : In 2008, 80544 husbands committed suicide. That means every 6.52 minutes one husband is committing suicide.
During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle.
From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law.
These are stats from the NCRB.
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