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Human Rights Issues in India | 08/13/2009 1:05 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
© Shutterstock

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

audb
um…. yeah, i dont think i will go to india anytime soon… they can keep their internal chaos.
By audb on 08/15/2009 12:14 am
rajuutta
All feminists out there are no less than any terrrrro.rists because feminism is a form of extremism. Extremists exist in any gender/race/religion. Therefore, you should target extremists and eliminate them from this society. Not the men or women. If you eliminate men, your father would not have been there or your brother would not have been there for you. If govt. want to control ‘dowry issues’ there are so many easy and alternative ways. Dowry was a tradition and gifted to daughter as a compensation to daughter’s share of property and it was for meant for better living of wife. Ofcourse, there are some greedy people who demanded for more dowry but, do not tell me that same greediness is not in women. Extremist women are trying to extort huge amount of money from innocent indian husbands. That money is almost 100 times more than what one would offer in a dowry from a women is a total dependant. So tell me now, that extorting money using women biased laws how is it different from dowry. If dowry is a crime, extorting money is not a crime?. If any women says no then she is definately is a feminist. And, feminists can never harmonize thier family as well as others. Grow up! and try to descriminate between good and bad but please do not descriminate men from women. If women’s empowerment is getting alimony/maintenance/money extortion then that is a false empowerment. Govt should understand that the women should not be given fish (maintenance) every day but should be taught how to fish (how to earn). By giving fish you are making them beggers and more dependants. First of all who asked Indian govt to get into family matters without proper opinion surveys and ideas from the people. Democracy is dead in India. Bunch of political extremists are passing these laws with vested interests. If you ask a 10th grade boy (either men or women) he would give tons of ideas to emilinate dowry without torturing a gender. Every extremist women out there should realise that she is made up of both man and women because she was born to a father and mother. Moreover, look at the God’s magic, majority of daughters look like thier fathers and majority of sons look like thier mothers. God is conveying that ‘both men and women are part of same system of human beings’. System only sustains when each of its parts functions independently and collectively and not necessarily equally. In lock and key system which one is more important lock or key?
Also, Indian govt should understand the psycological differences between women and men  and fulfill the gaps but, by passing these kinda pro-women laws like domestic voilence and 498a govt is creating more tubulence in the society. One of my friend, when he did not meet the demands of his in laws they filed cases and made their daughter to act against him. As a result, that guy who was very sensitive had brain lesions, partial paralysis. He lost his job and family. Are these feminists or feminist govt is going to give him his limbs back. For next 30 years who is going to pay for his medicals. WHO IS RESPONSIBLE??? YES AND YES ITS EXTREMIST WOMEN (not normal good ones) and IRRESPONSIBLE UNDEMOCRATIC GOVTITS IS A URGENT NEED TO REPEAL THOSE LAWS AND ADOPT NEW HUMANE STRATERGIESMEANWHILE, I PRAY THE GOD TO GIVE ALL THOSE FEMINISTS OUT THERE IN THE WORLD TO GIVE THE SAME PARALYTIC CONDITION THAT THE INNOCENT MAN HAS BEEN GOING THROUGH.
By rajuutta on 08/15/2009 1:11 am
CanGal
I don’t mean this to sound racist or prejudiced, but that is what is going to happen if people have arranged marriages and are not getting married for love.  If a woman marries you because she loves you and you love her, she is not going to extort money from you and your family using these laws as a weapon.
By CanGal on 08/15/2009 9:42 am
YogiZimbra

Cecile,

 I have a lot of Indian couples (in India as well as abroad) who did do love marriage and now groom’s side is facing this music.

It is just like in US if divorce gets bitter etc., people in India use this law as a tool to extract money and seek revenge as if divorce were a bad thing to come on their daughter or sister.

By YogiZimbra on 08/17/2009 12:53 pm
rajeevjain

I do not agree with the many as i think the law in india is not fair and they are women baised only . Due to which many times the men need to suffer even he is correct .India is a demographically diverse country to an extent that one particular laws, regulations or setup can be applicable and beneficial to a few states and disastrous to other states. In a situation like this, especially the laws relating to dowry(498A), has had a devastating repurcussions on the society. Once the law was enacted to protect the women from any unlawful dowry demands by the groom and her in-laws, has now been misused. There wasn’t any reason to be alarmed only if these incidents of misuse of laws were rare and isolated. The misuse of these law is increasing exponentially causing innumerable families to commit suicide as the only way to prevent further torture . Indian Government is very well informed about the serious situation, but is solely dependent on National Commission for Women for putting forward their solutions. National Commission for Women was expected to act on this situation favourably, but NCW has refuse to accept any such incidents of misuse, which has indeed made us even more vulnerable. If the Government is not acting upon this problem and depending on disinterested Women’s organisation, then where will the men go for justice ? Are they not the part of india & indian society . It is extremely frightening that men are now exposed to a new principles of law, “Guilty until proven innocent.” This has indeed a direct violation of Human Rights. Every person has the right to be called innocent until proven guilty, which isn't happening in the case of dowry laws. How will a man protect himself if his basic human rights are taken away only because the accuser happens to be a woman ? Therefore, I request you to get to the root of these dowry incidents and I hope you will do all the necessary research to attain justice because human rights are applicable for both the genders .. There are many more law which are there such as Domestic Voilence 2005 along with 498A law . Even President of india and Cheif Justice Of india also admits that this law is been misused . You can check in the mention below link  http://www.telegraphindia.com/1081228/jsp/nation/story_10309933.jsp http://presidentofindia.nic.in/speeches2008.html

 

Hope you will read and try to highlight on this issues also . There are few NGO who are working on this May be you can try with them . Chief Justice of india admit misused of 498A.

http://savefamily.org/index.php?option=com_content&view=article&catid=1:latest-news&id=271:After%20President%20of%20India%20,%20now%20Chief%20Justice%20of%20India%20admits%20to%20Misuse%20of%20Dowry%20Law.&Itemid=50

http://timesofindia.indiatimes.com/articleshow/4057825.cms

http://prassoon.sulekha.com/blog/post/2009/04/chief-justice-of-india-admits-misuse-of-498a-law.htm

More over according to our consitituion all men & women in india has equal rights and we cannot press one section in name of giving justice to other section . We need to treat them then equally in all respects

By rajeevjain on 08/15/2009 1:19 pm
SallyK

I will never, ever be in a position to influence policy in any country other than my own, and even  in this country, I can only influence it with my vote.  So, what am I to do with the knowledge of injustices such as these?  I’ve given this a lot of thought lately.  What to do about countries who, consistently violate the human rights of others.  And finally, I decided that, indeed the sun WILL come up in the west tomorrow, because I have found myself to be  in agreement with Bill O’Reilly.

I am getting to an age where , with decreasing responsibilities and increasing free time and disposable income, I hope to do some travelling.  Obviously, North Korea would be no sane person’s travel destination, and Iran, full of culture and beauty as it is , needs to join the 18th century, at the very least, before a unattached woman dares to venture there.  However, I have given some thought to including India in my first trip.  Now, though,  I have come to the decision that it would be wrong for me to expect the travel industry of India to accept the travel dollars of this particular ‘crazy feminist’.  While I am acutely aware that the fact that I will not , any time soon, visit the Taj Mahal , still I wouldn’t feel right spending my little pittance of a travel budget there.  That’s one life experience that will have to wait until the poor , mistreated men of India grow up, quit whining and start treating their women better.  

By SallyK on 08/15/2009 1:43 pm
YogiZimbra

Sally K,

That is the irony. If you do not know, a king (man) built Taj-Mahal in memory of his beloved (woman). So that is land of India.

What people like you see if a very distorted image… India needs dollars of everyone. :) Unfortunately, corrupt politicians have always used divide-and-rule. So if you are not going to India, it is good..Ignorance is a bliss…Keep it up girl.

By YogiZimbra on 08/18/2009 11:27 am
SallyK
Yogi Zimbra, of course, I am aware of the history behind the Taj Mahal.  No one has said that India is not a beautiful country with a rich and wonderful history.  I hope to see it someday.  However, statistics show that a female born and reared in India has more to fear than a male Indian. I am a woman who has been blessed to live a good life , pretty much as I saw fit.  When my husband mistreated me, I left and remained alive  I have supported myself and my children, and,aside from honoring my committments to my beloved children and parents, I have come and gone as I have chosen to do.  I don’t think I’d feel comfortable being in a place where I knew that two thirds of the married women living there were victims of abuse. I am one person, I only make a difference inso far as the people in my tiny little circle are influenced. I hardly think my actions will cause the Indian travel industry to fail any time soon.  As far as a plane operated by women, if they can pass the test, Iwouldn’t give it a thought. I wish you all the best.
By SallyK on 08/19/2009 12:17 am
YogiZimbra
Sally K, Forgot to add, None of us at SIFF promote men over women, we are just saying equal rights, and let guilty never go unpunished. For record, have you considered to travel in an airlines totally run by females…I think that is what u shud do…i feel that women and men are complimentary to each other…both are part of a puzzle..when you put them together then only one can solve a problem (a win-win 4 both)…so if someone promotes women, women or men, men..they that person has serious issues.
By YogiZimbra on 08/18/2009 11:30 am
JaguarGoddess

Anushka,

I was puzzled by this article headline:

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.

India has had a long tradition and history of being matrilineal. The custom of the husband going to live with his wife and her family does not seem to be problematic in any way, since matrilocal residence actually provides the woman and children with greater social protection. In fact, I would highly recommend such post-marital arrangements in order to reduce incidences of domestic violence.

It seems to me there is some kind of propoganda going on with the male dominated media since India has converted to a patriarchy except for some local regions in the north and south.

I see these conflicts with the dowry custom as being rooted in kinship tensions and economics within a broader framework of patriarchal traditions. I have known quite a few Indian men in the United States who have betrothed indian wives, bring them to the United States and then commit horrendous acts of violence against them simply because the woman is isolated and without the protection of her extended family or isolated from a social network. In some cases, the Indian wife would flee the husband. The men are not innocent victims and are merely seeking to deflect attention from the abuse and blame the woman and her family.

In too many cases the mothers and sisters of the husband protect him, this even happens in domestic violence cases the United States. But again this is a good reason for the husband to live in a matri-local setting so that he will not be empowered to abuse his Indian wife, nor be shielded from the consequences of his abuse by his mother and/or sister who may act like agents of complicity in the systematic reinforcement of male dominance and violence against women.

 

By JaguarGoddess on 08/15/2009 10:18 pm
jeffthomson

Hi Jaguar,

But again this is a good reason for the husband to live in a matri-local setting so that he will not be empowered to abuse his Indian wife

Hmmm, So that is your solution to domestic violence !!! so why get married at all, and let the girl live in her natal house forever and there will never be any case for domestic violence at all, Isnt what you are proposing a case where a husband has to forgo even the most basic of his fundamental rights —the right to live at a place where he wants — just inorder to stop a case for a perceiveable threat of domestic violence. and this is what you feminazis call it as women empowerment and women upliftment, So you mean the only way to protect a women’s perceived threat of violation of her rights is by the way of completely negating the fundamental rights of all the men out there. So where has it been made mandatory that inorder to protect ones rights some one else’s right have to be completely violated,

In a land and place where the husband is expected to be the bread winner for the family, and bread winner not by any ordinary means, he must provide for a decent living for his spouse and children which includes the like of providing a decent accomodation, travel facilities, education for children and everything else that falls under the sky. And what resposibilities are we entrusting the women with after all this: not even the responsibility of managing her own home, why ? because it has come on to become prerogative for women to expect whatever they want in their lives and get it without even an iota of trouble or whatever ?

 I would highly recommend such post-marital arrangements in order to reduce incidences of domestic violence.

My simple response to your above suggestion is "to hell with you and your theory" ! I would much rather stay un married than give into your pseudo pro-female philosophies, How I wonder now that people of your ilk are so ill-educated about the human rights and your thinking is completely consistent with the wives in INDIA who file false cases against their husbands.

In too many cases the mothers and sisters of the husband protect him

You mention this as if you have been there and seen it all ? oh really did you ! can you give the list of all the names of people and their sisters and mothers where you have seen such a case happening, or will you now go into hiding !!!  To the kind of statements that you made here  there is one very appropriate resoponse in english language that is Can you put your money where your mouth is ? yes this is an open invitation for you !

 The custom of the husband going to live with his wife and her family does not seem to be problematic in any way,

Yes I think in your anxiety to post a message here, you seem to have not read completely our own quoted statement, your own quote says

"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 "

So severing all ties with his parents seems pretty normal to you and not problematic to you at all, that gives me an idea of how cruel your own notions about a marriage are — forgive me for getting personal here, but I really pity your husband — 

And if you read properly you will read within your own quote that there is something called the guy was ‘pressurised’, so do you understand what this in reality means, that he was threatened with a false case, thereatened with a possible arrest of him and all his family member which could have last for anywhere about 3 - 14 days, threatened with a loss of his job and dignity, threatened that in future he has to live his life like a slave to his wife and her family members, that is the actual implied meaning of ‘pressurised’

Thanks

By jeffthomson on 08/16/2009 3:51 am
JaguarGoddess

Jeff,

First of all your hostility is way out of line, DO NOT call women feminazi’s, it is a misogynistic term. Furthermore, please keep in mind that a woman gave you life, something she did not have to do in the first place. A women is not required to follow any patriarchal tradition when it comes to marriage. If the man does not want to live in a matrilocal setting, then he does not have to get married at all. However, in the case of India, requiring the wife to live with the husband and his family is a more recent patriarchal custom which along with the dowry system amounts to a form of oppression of the female and this has obviously caused alot of social problems and conflicts with the wife and the husbands family.

It is a fact that women and children have greater social protection within a matrilocal setting and this is not about the fundamental rights of men, it is about ensuring the well being of the women and the children. There is no equality in the biological roles of sexual reproduction, it is the female who bears a greater cost and risk as the resource bearing sex. Just because a man provides some material resource to the female does not give him any right to exercise control over her, or to claim some fictitious rights in society to the detriment of the well being of the female. He is simply being complementary to the process of reproduction and useful since he cannot produce offpspring on his own. These are the facts of life as we are first and foremost biological organisms.

The dowry problem in India can be easily solved, but the patriarchal traditions in marriage and kinship arrangements will have to be abolished first. I recommend that India, with an unfortunate history of patriachal conquest, look to revitalizing its ancient Matriarchal system in the context of a modern society. Then problems like domestic violence, sexual exploitation of women and children and other social ills which are brought about by the un-natural system of male dominance will wither away.

Cheers!

 

By JaguarGoddess on 08/16/2009 12:49 pm
SURAB

In India, with few exceptions, historically, brides lived with their husbands’ families, and were ruled by their mothers-in-law. However, much is changing in India because of a rising middle class, women working, and the younger generation moving to towns and cities without parents. Also, education abroad, and the rise is the number of professional women have altered modern Indian society.

 Also, while it is very difficult for Americans to understand arranged marriages, they, too, are historical in India, as well as in other cultures,because the focus is on family and community, and romantic love is not the basis. The focus is on family and community, not on individual preference. However, it seems absurd to form judgments about marriage when there is a very high rate of divorce in industrialized countries, such as the U.S.

Much of what is written here is hyperbole, rumor, and manipulation of facts, and there are many traditions and recent innovations  in the lives of Indians in India (and India is a vast country with many groups, languages, and practices), and those who live in the U.S get snippets of information from books, magazines, newspapers whenever there is a horror story. Also, family life is private and not shared with others. In this website discussion, anecdotal material, as well as generalizations only enrage and exaggerate. There’s more to know, and the best way to learn  is to live in India.

 

 

 

 

By SURAB on 08/15/2009 11:32 pm
JaguarGoddess

jeff wrote "In a land and place where the husband is expected to be the bread winner for the family, and bread winner not by any ordinary means, he must provide for a decent living for his spouse and children which includes the like of providing a decent accomodation, travel facilities, education for children and everything else that falls under the sky. And what resposibilities are we entrusting the women with after all this: not even the responsibility of managing her own home, why ? because it has come on to become prerogative for women to expect whatever they want in their lives and get it without even an iota of trouble or whatever ?

Your thinking is typical of a man who believes that he has some kind of ownership over a woman and children. You belief system is very typical of those men in India who believe they have a right to abuse their wives simply because they provide material resources to the women and children. Furthermore, it is clear that you are devaluing the very important contribution that women make in society. Not to mention the fact that in all human societies, women have always performed a number of social reproductive, life sustaining functions beyond child rearing, (which in itself is a vital social function). As such, there is no such thing as a man being a primary "breadwinner".

How about understanding the origins of MATRIMONY as a female social innovation in which the husband traditionally serves the wife for the privilege of her selecting him as a mate, and is not allowed to claim owership over her or the children? After all, a female has the natural advantage in mate selection, she could mate with mutiple males if she so chooses.

Don’t get married Jeff! You will create problems in your marriage with this backwards mindset you have. Keep in mind that a woman has many options in life which are indeed her prerogative. Are you envious of that?

By JaguarGoddess on 08/16/2009 1:32 pm
jeffthomson

Hi Jaguar,

Sorry for a late response, okay my comments might have been harsh to you and some of the people here, but I already mentioned to forgive me for getting personal with you, coz that was the only way I could have responded after your post. Anyway to open your eyes furthur, wifes in India no more live along with their husbands immediate family, infact they live separately only with their husbands, this is particularly true for urban upper class women and mostly true with working women in general, and yes it is actually few of these independent women who file false cases against their husbands. so though I mentioned there is patriarchical family set up in India so it is mostly true for most of the indians in the past and most of the indians in rural areas even now but not all of the indians by any means

And to give you an account of what it is like getting implicated in a false criminal case, think that the agony is as much as a women  would face after being ‘raped’, so for some one in a media article to come on and say that it is only annoying to the husbands is to say the same thing a women when she is raped, So does a rape only ‘annoy’ a female ? and for people here who support the gender biased laws — since their argument is that the affected people are very few due to misue of the law, although this argument in itself is ill founded — would you also support a rape if incidents of that happen very few and far in between.

and to your comment

 Don’t get married Jeff! You will create problems in your marriage with this backwards mindset you have. Keep in mind that a woman has many options in life which are indeed her prerogative. Are you envious of that?

In fact in my life I have won the admiration of many a women and some of them were high achievers in their lives, and given a chance I am sure you too would begin to admire me. and regarding my marriage it was my wife who was desparate to marry me — our e-mail conversations are testimony to that —  before we both got married, ours was an arranged marriage and my wife told to her parents that she wanted to marry in anywhich way possible. I too was impressed by knowledge that someone admired me so well and only after getting into my marriage did I understand what a loser is my wife is and how manupulative is she, and once I didnot bow to her manipulations the first thing she did was to implicate me into a false criminal case which was possible only because of the gender skewed laws in my country. And I did not know the nature of these laws until one fine day early in the morning police knocked at my door, though that incident happened almost 18 months back, and I am regularly making rounds to the courts almost twice every month in a city 700 miles far away from where I live and my passport has been seized by the court, and during this time I have loosen my job and I  am living with my friends in my friends home — so I can save money for the future — my wife if busy enjoying in a first world country — to where she immigrated — , and rumors are that she has even developed some relationships there

Ans finally thanks for your concern

By jeffthomson on 08/18/2009 3:33 am