Human Rights Issues in India | 08/13/2009 12:05 pm

Special Report: Husbands in India to Protest Unjust Laws They Claim Are Skewed Toward Women (But Are They?)

During India’s Independence Day this weekend, thousands of men will protest a judicial system they say too often presumes them guilty when it comes to dowry and domestic violence. Read our in-depth report …

By Liza Porteus Viana

As India kicks off its Independence Day celebrations this weekend, thousands of husbands claiming harassment and men’s rights activists will converge upon Shimla to protest what they say is a skewed justice system and laws that presume them guilty until proven innocent when it comes to crimes involving women.

Men are protesting gender-biased laws, the Domestic Violence Act and the misuse of dowry laws. However, women’s rights advocates say the perceived injustices that men in India face are nothing compared to the discrimination, oppression and violence women in India endure on a daily basis.

"Gender-based discrimination and violence is so entrenched in Indian society — about two-thirds of married women in India are victims of domestic violence," Aruna Kashyap, researcher for the women’s rights division for Human Rights Watch, told wowOwow.com. "Dowry deaths are on the rise.

But as Kashyap explains it, laws against domestic violence and dowry help give many women "the hope of a life with some dignity or justice."

The Save Indian Family Foundation (SIFF) is one of about 14 groups taking part in a national conference this weekend to push for men’s rights. They will meet Indian leaders to determine how to expose police brutality, human rights violations and corruption in the judiciary. Both men and women are victims, according to SIFF, but a big problem is blatant misuse of domestic violence and dowry laws to unjustly punish men.

In India, the payment of a dowry was prohibited in 1961 but is still rampant. More rules, such as 498a of the Indian Penal Code, were later enacted to make it easier for the wife to seek redress from potential harassment by the husband’s family. A "dowry death" is the death of a woman caused by unusual burns or bodily injury within seven years of marriage. Tragically, many women are victim to "bride burning," or being set on fire because of insufficient dowries. The guilty are required to be punished with no fewer than seven years in prison. In 2001, Indian husbands and in-laws allegedly killed nearly 7,000 women over "inadequate dowry payments," according to Indian government statistics reported in the BBC. Indian government figures from the National Crime Records Bureau also show that in 2007, there were 8,093 cases of reported dowry deaths, with a 33 percent conviction rate. There were almost 76,000 cases of reported cruelty toward women by husbands and relatives, with a nearly 21 percent conviction rate. Dowries have become such a horrible ordeal that female feoticide (women aborting their female fetuses) is a well-known, genocide-level problem in India.

But some say dowry laws are misused by women and their families. One site, 498a.org, has been set up to expose "the rampant misuse of 498a (Dowry Law misuse) by unscrupulous women to extort money and harass their husband’s entire extended family." It also says a 2005 domestic violence law "grossly violates the liberty and dignity of an average man and his family members. The law appears to be a blessing for people in abusive or violent relationships. However, a careful analysis reveals that, under the ploy of ‘women and children welfare,’ this law is yet another misguided attempt to enact legislation to grant women legal supremacy over men and to create a society where men are deprived of their rights."

62 Reader Comments (so far…) Sign In or Register to comment

It is a sad comment that even today male dominated societies see their rights being taken away when women are simply being protected (finally!) under the rule of law. Where is it ever a right to abuse?

By Chris Broersma on 08/13/2009 12:26 pm

e-mail alert

Hi Chris,

You dont even know the reality.

While others have explained their side of the story and the reality.

But I would like to ask in which country the law is such that the jurisdiction is not even considered?

There are thousand of men in USA or other parts of the world whose wives have filed false complaints in India against their husbands creating stories about incidents happening in USA or other countries and the stupid Indian police still registers the case. if the wife really harassed in these countries then why didnt she approach the law enforcement agencies of these countries?

Do you know a wife in India can even get a criminal case registered against husband and his family by just saying that she was abused verbally. Police will still register the case and pass you on to fight the case in the Courts where it takes forever to even get a hearing. Refer to http://timesofindia.indiatimes.com/news/india/Kicking-daughter-in-law-or…

where Indian Supreme Court has mentioned that

Kicking daughter-in-law or divorce threat not cruelty

Why on 1st place a case like this was registered under criminal law? Or will indian police stop registering such cases now. No, They wont. Because husband are treated as ATM machines. Such cases are registered even where there’s no mention of dowry just so as to put pressure on husband/his family to succumb to extortion by the wife. If they want money only then why not use the legal way to get the maintenance?

In meto cities like Delhi, Commissioner of Police has issued guidelines for handling these cases, but does Police officials even look at it? No doubt as higher you go nothing happens. Even the Police Commissioner’s office says, this material is only for press not for implementation. There are many cases where even after a mutual divorce, wives have filed false complaints to further extort money. There are several cases where husband/his family members complained about threatening much before to the Police, but those complaints are ignored and when wife approaches them, they dont look at any law book and just register the case.

Why there’s no punishment if the complaint if proved wrong? Shouldnt there be same punishment for the wife if she’s proved wrong?

Do you know Indian police says that they are not even suppose to investigate any cases and just pass it on to the court? They dont even look at the evidences provided by husband/his family. What is police there for then? Why innocent people are arrested without investigations? Do you know a part of money goes to the Judge when husband/his family members file for Anticipatory Bail?

Mother/sisters of husband are not women? They themselves are being harassed by another woman due to 1001 options to misuse this law.

The protectors of the country (Police) have become predators (participating in extortion/corruption)

The demand by the group is not to dispose off such laws, but its the request that the law should be amended so as to avoid misuse of these laws.

Nearing India’s independence day, i still feel India is struggling with corrupt law enforcement officials, politicians even the corrupt Judicial system. The more I write, the more I hate the system.

By Rajaa Hindustanii on 08/13/2009 6:27 pm

e-mail alert

You have no idea about the Justice system in India. Nobody is against rights of women, this law even takes away rights of another woman because of one woman. Many women and minor children have been jailed just by mere complaint by this law and you talk about rights?

By Sam S on 08/13/2009 10:55 pm

e-mail alert

I hear ya, Chris and agree.

By Beth Cornell on 08/13/2009 1:09 pm

e-mail alert

Please check report from WHO (World Health Organization) on how daughter-in-laws abuse elders (parents of her husband).

http://www.who.int/entity/ageing/projects/elder_abuse/alc_ea_ind.pdf

Another report from The Guardian (a very reputed English daily)

http://www.guardian.co.uk/world/2007/dec/13/india.randeepramesh1

From BBC

http://www.theworld.org/?q=node/20628

http://www.berkeleydailyplanet.com/issue/2005-02-15/article/20741?headline=Indian-Husbands-in-U.S.-Fall-Victim-to-Dowry-Fraud-By-LISA-TSERING-

Lisa Tsering Won an award for best investigative journalism. That was few years ago, but the abuse of anti-dowry act has increased exponentially. Unfortunately, in the end the women themselves are hurting other women. The very same feminists do not want to push for no-fault divorce in India, and the whole system wants to keep divorce a 10-12 year ordeal and hence each divorce in India is bitter. Since either party has to prove fault, a divorce is a nightmare for children involved. Is a teenage girl entangled in a bitter divorce case not a female?

“The abuse of anti-dowry laws has become serious enough that the United States Department of state has published a travel warning about “Dowry/Visa Demands” for travelers to India” - Lisa Tsering, India West, December 30th, 2004

By Yogi Zimbra on 08/13/2009 6:57 pm

e-mail alert

One minor but very important correction in the article which says, "Meanwhile, SIFF and its allies hope to get 40,000 people to attend this weekend’s protest. "

So 40,000 people are not expected to attend. Only about 100 people(men) who represent these 40,000 people. I think some FemiNazi planted this 40,000 figure to media outlets. One of the Save Indian Family rep says, ""More than 100 men, representatives of 30,000 other harassed husbands from across the country, will meet to come up with strategies to take on their wives,". Here is SIFF release…http://saveindianfamily.org/events/national-meet/471-men-to-meet-in-shimla-for-equal-rights.html

Now when only about 100 people attend, FemiNazis will celebrate it as a failure by saying that only 100 (instead of 40,000) men attended. :)

By Yogi Zimbra on 08/14/2009 1:10 pm

e-mail alert

Totally agree with you Chris.

By J Holmes on 08/13/2009 1:25 pm

e-mail alert

Two-month-old Zoya Khan is perhaps the youngest person to get bail. Her entire family was accused by her step mother of harassment for dowry. Says lawyer Anil Bole: "Her stepmother Shakila lodged a complaint of dowry harassment against her father. In the complaint letter she is also mentioned as an accused." Zoya’s ordeal started last Friday when her stepmother filed the complaint. The Khans were summoned to the police station. Zoya spend over ten hours there with her biological mother before anticipatory bail was granted to them. Says Zoya’s mother Reshma Khan: "My daughter is two months old. I have to breast feed her in every ten minutes. If I am not around who ill take care of her." The police says the complaint letter mentions everybody, including Zoya. In their FIR, obviously, a minor Zoya is not an accused

By Sam S on 08/14/2009 4:38 pm

e-mail alert

I guess ‘Opposite World’ is not just in the US, it’s in India too! Men in India claiming discrimination reminds me of certain white males here calling Judge Sotomayor a ‘racist’.

By DeBúrca obj on 08/13/2009 1:44 pm

e-mail alert

By Sam S on 08/13/2009 10:56 pm

e-mail alert

My brothers wife filed a false dowry case againt her brother and all the members of the husbands family and I am one of the sisters implicated in the case .

The police knocked at my door at 5;00 AM in the morning , it arrested me and my 2 year month old child . I was living in a different state from my brother and never even attended his marraige . My mother and 2 sisters were also arrested . My brother was literally driven to suicide for his wife .

People in the US are made to believe that Indian women are still burned for dowry and live horrible lives in their houses . This information is mostly propagated from women’s organisations who site horribly fudged statistics to attact more funds from westeren aid agencies like yourself and UNICEF , USAID etc . Men are always considered criminal to start with . The Indian divorce rate in cities has reached about 40% and will sonn exceed the divorce rate of the US . The Indian Judicairy system inglacially slow and husbands are made to wait 17 years in average before divorce is granted . More than 56000 married men commit suicide as compared to 26000 married women . Even then the government spends nothing on mens welfare while they spend hundreds of millions on womens welfare sheme . In India Adultery is punishable only for the husband , the wife cannot be punished for adultery , becase by defalt the wife is considered genetically incabale of committing any crime . Ok now lets talk about women , Women related to the husband , like mothers , sisters are no better . All Indian laws are only for the wife againt the husband and his family and for each husband arrested under 498A 2 women are also arrested in his family . In the last 4 years more than 126,000 women have been arrested by the police without any evidence or investigation . You will never hear these stats in the media or press that originates from India’s womens organisations .

By Anushka Ganguly on 08/13/2009 3:23 pm

e-mail alert

That is the problem when DeBurca Obj says "Opposite World"…

Because of this ridiculous law, the mother, sisters, sister-in-laws, aunts, nieces (all women) are put in jail. So for one female (wife of a person) who complaints, more females suffer. Please check some links as to see what is wrong with this law..

Even if the husband of a girl is an investment banker earlier million dollars, these girls will file frivolous complaint that husbands mother or father ask for Rs 10,000 ($200) as dowry. Unfortunately, some females who are now US citizens (Immigrated from Indian origin) and are living in United States also file complaint in India with Indian police just to harrass their in-laws. Child abductions to India are common. Finally nothing happens the acquittal rate is 98%.

This law helps no-one but politicians, police, and corrupt judiciary system (judges and lawyers who take cut). Once a girl files a complaint against the whole family, her divoce is certain, but that divorce itself takes 10-12 years in India. The Chief Justice of India equivalent to Judge Sotomayor, says that anti-dowry act is a legal terrorism - a way to extort money from boys’ side, and the real victims (females) typically come from countryside, and poor families who do not even know this law and hence do not use it. This law is being abused by females and their families who happen to be super rich and from well to do families and middle class.

Here I put some links from news and you will laugh where a women married 11 times and kept on extorting money from husbands. Or police put a two (yes, two) years old child in jail because that child was reported to harrass a female for dowry….and the list goes on…or harrassment even after divorce was done and the men was so devasted that he changed his sex and became a woman.

See warning from Canadian Govt, and there was similar from Department of State, USA.

"Growing numbers of Canadian citizens have been caught up in marital fraud and dowry abuse in India . Most of the cases involve misuse of India ’s Dowry Prohibition Act. This law, which was enacted to protect women and makes demanding a dowry a crime, is sometimes used to blackmail men through false allegations of dowry extortion. Individuals facing charges may be forced to remain in India until their cases have been settled or pay off their spouses in exchange for the dismissal of charges. To avoid such problems, you are advised to register your marriage in India along with a joint declaration of gifts exchanged, as well as consider a prenuptial agreement."

http://www.merinews.com/catFull.jsp?articleID=15764735

http://www.blogcatalog.com/blog/fighting-legal-terrorism-in-india/5be292842a5c98ef951a852e88b39af6

http://content.msn.co.in/MSNContribute/Story.aspx?PageID=d4b0f74d-47ce-4539-9850-fb094643f4e8

http://www.498a.org/forum/viewtopic.php?f=14&t=4247&start=0&st=0&sk=t&sd=a&hilit=canada+travel+warning

http://insidekerala .com/n/index. php?mod=article& cat=crime& article=20909

http://www.498a.org/forum/viewtopic.php?f=14&t=3530&start=0&st=0&sk=t&sd=a

http://www.tribuneindia.com/2009/20090508/nation.htm#5

http://news.ncmonline.com/news/view_article.html?article_id=768649893bc5975ce97b6bff5354c210

http://www.berkeleydailyplanet.com/issue/2005-02-15/article/20741?headline=Indian-Husbands-in-U.S.-Fall-Victim-to-Dowry-Fraud-By-LISA-TSERING-

By Yogi Zimbra on 08/13/2009 3:38 pm

e-mail alert

Laws and India and the US are totally different .While the US justice system in fast and effcetive , Indian justice system in slow and never punishes the missuers of the law. Perjury laws are very weak and non existent . Below are the newspaper articles to show what I mean .

Here are some other articles from Indian Newspapers to opwn your eyes . Remember the pain of a sister or mother is no less when she loses her son commits sucide driven by his cruel wife. The law must protect and punish irrespective of gender bias .

Man asked by court to sell one of his Kidneys to pay maintenance to his wife.

http://legalfighter.files.wordpress.com/2009/06/kidney2.jpg

Software engineer kills hmself in prison - Wife and her parents levelled 14 false cases on him .

http://www.deccanherald.com/content/19204/treated-cruelly-wife-techie-ends.html

****———————————————————————————————————————————————————————————**** Innocent Man and his family trapped by his vicious wife in a false 498A and comitted suicide by eating medical pills http://in.jagran.yahoo.com/news/local/uttarpradesh/4_1_5531220_1.html ****———————————————————————————————————————————————————————————****

A 38-year-old man committed suicide by hanging himself from a ceiling fan in
his Indiranagar house on Thursday night. He left behind a death note
accusing his wife and in-laws of torturing him.

http://epaper.dnaindia.com/dnabangalore/newsview.aspx?eddate=5/30/2009&pageno=5&\
edition=9&prntid=5393&bxid=27956468&pgno=5

****———————————————————————————————————————————————————————————****

A newly-wed youth allegedly committed suicide after he was reportedly
pressurised by his in-laws to live in his wife’s house and sever all ties with
his parents.

http://timesofindia.indiatimes.com/Cities/Told-to-live-with-in-laws-newly-wed-yo\
uth-kills-self/articleshow/4595378.cms

If this is not enough :- This is what te Indian Supreme court said to man who was waiting for divorce for the past 17 years .

1) " Listen to whatever your wife says, as otherwise it could land you in trouble. Because if you do not listen to her, you will suffer the consequences" 2) "We are all sufferers " Said a Supreme Court Justice 3) "Husband has to accept the suggestion of a wife irrespective of the fact whether it is sensible or not" 4) "If your wife asks you to put your face that side, put it that side. If she says, put it this side, then put it this side. Otherwise you will face trouble." 5) "You have waited for 17 years, so wait for a few more days” The full article can be accessed at http://timesofindia.indiatimes.com/Bow-down-before-your-wifes-diktat-SC-tells-husbands/articleshow/4552535.cms *———————————————————————————-* 2 month old baby has been implicated in a dowry case ( government report claims that 98% of dowry cases are false ) http://www.mid-day.com/news/2009/jun/210609-Zoya-two-month-old-girl-anticipatory-bail-dowry-harrassment-case-youngest-accused-Mumbai-news.htm

*———————————————————————————-*

Anti Dowry law misuse by wife leads to GANG RAPE of Husband’s mother

No womens organisation opened their mouths against this incident as this would be speaking againt the dowry law . So the protests from the feminist organisations are based in their benifit . If women get trapped in the missue of a women protection law created to abuse men , thats fine with them .

http://timesofindia.indiatimes.com/India/Dowry-accused-gangraped-by-Bhopal-cops-\in-custody/articleshow/4622046.cms

By Anushka Ganguly on 08/13/2009 3:40 pm

e-mail alert

Anushka,

Sorry to hear about your two months old baby.

By Yogi Zimbra on 08/13/2009 3:51 pm

e-mail alert

Sorry for I also forgot to add that this law was brain-child of some crazy feminists who were either themselves divorcee (it is a bit big thing from Indian society point of view), single (never dated anyone), or never married types…or few married ones who interfered in their daughters’s lives.

By Yogi Zimbra on 08/13/2009 3:40 pm