Failed WCD / NCW, Planning New Tactics

If you visit Centre for Social Research (CSR) web site they are counting time frame to pass women reservation bill. Now you May ask what is CSR?

Centre for Social Research is a leading women’s institution in India. CSR aims to empower and sensitize women and men to restructure gender relations. Based in Delhi, we have been working in the fields of social research, advocacy and training since 1983.

What they are doing?

Capacity Building of Service Providers, Advocacy and Effective Lobbying for Effective Implementation of Protection of Women from Domestic Violence Act, 2005

How they are relevant to this Article. ?

CSR along with Lawyer collective mastermind behind Notorious 498a IPC (Dowry Protection Act in short DPA or dowry Law) and Lobbying and fielding for WCD and NCW

What are their Achievements?

1) Only women can file domestic Violence act against men? Men and is family can be only at the receiving end of false Allegations?

2) Only women can file harassment charges under section 498A even when 56000 men commit suicide every year due to spousal harassment.

3) Only women’s suicides are investigated as dowry harassment cases and her husband and in-laws are arrested , while women are not investigated for harassment and are not arrested if her husband commits suicide .

4) Women cannot be prosecuted for adultery. So a person’s wife can have relation with 10 men and not be prosecuted for it And the husband has to file 10 cases against 10 men if he seeks justice?

5) Highly educated and earning women are also granted alimony in divorce cases when they are totally capable of earning money themselves while they prefer to sit at home like a parasite and try to suck the husband dry ?

6) Only women granted child custody in 99% of cases and men are given visitation of 1 hour a month , even as they are they are ordered to pay huge child maintenance sums .

7) A man who wants a divorce from his abusive wife has to fight 20 years with the wife and judiciary to get divorce.

8) Judges in marital cases act like the wife’s lawyers even when it is proven beyond doubt that the man is innocent.

But their Strategy Failed miserably as they are forced to admit that there is 98% misuse in Dowry Act (IPC 498A) and DV is totally misused.

Findings of the Study:
Nearly five crore married women in India are victims of domestic violence (DV). Only 0.1 percent (1 out of 1000 DV cases) of these are being reported.
Out of 100 cases that are ordered for investigation under 498A, only in 2 cases does the accused get convicted.
According to the available statistical information from the National Crime Records Bureau and information available from NGOs working with victims of violence, there is a general tendency to avoid seeking redressal among the victims of domestic violence. However, when a victim of domestic violence seeks help from any of the agencies, be it family, friends, NGOs, or lawyers, before registering a complaint, at each stage she is asked to reconcile the matter or to put up with the situation.
Reconciliation in 498A cases takes place at every stage including the police station, Crime against Women Cells and courts.

We found that in five cases filed under Section 498A the parties settled the matter after agreeing on maintenance and divorce.
In a majority of the cases before a victim filed the complaint under Section 498A, the minimum period she suffered physical and mental torture, was for about three years.

The trial process is quite lengthy and the proportion of pending cases is quiet high (out of the 40 cases based on victims’ interviews which went for trial in court, 28 cases are still pending). In the cases tracked, the normal trial period was between five to ten years.

It was found that it was difficult to prove physical and mental torture. In all the eight cases in which the accused were acquitted, the victims were found to have suffered physical and mental torture, but as there was not enough evidence to prove torture, the accused were let off.
The cases where the accused were convicted had been filed under Section 498A along with section 304B and 302, which are applicable after the death of the victim. There were no convictions in any of the cases registered only under Section 498A.
It has been found that out of 30 cases there is not a single case where the accused has been convicted only under Section 498A. The accused have been acquitted (11 cases) by the court where the prosecutor failed to provide evidentiary proof of cruelty, mainly mental, inflicted on the victim as provided under Section 498A IPC. It is difficult to prove cruelty when the victim is still alive. This makes conviction only on the basis of Section 498A, difficult. Only in cases where Section 498A is used along with other Sections is the conviction rate high.

In most of the cases where there is acquittal at the District Court, the matter is not taken up at higher courts. Only where there is a conviction at the lower courts are cases taken to higher courts.

The study also has observed that 6.5 percent of the total cases studied through victims’ interviews were found false at the level of investigation. Many of the accused, police, judges and lawyers, categorically said that ‘educated and independent minded women’ misuse the section.

On the basis of the interviews conducted, we can conclude that victims find the Section somewhat useful and felt the need for further strengthening it. In the perception of the NGOs, the provision (498A) is the only Section, which acts as an effective redressal mechanism for victims of domestic violence.

SOURCE : CSR Study Rep 2005 on Misuse of 498a [ http://mynation.net/voice/csr-2005/ ]

Other than this WCD / NCW Planned new tactics to Break family and harass men to grab their Property by suggesting Domestic Violence Act 2005

but that also bounced back, Judiciary itself termed as “clumsily drafted” here is related news

http://supari.org/prove-home-violence-for-relief-court/ – Prove home violence for relief: court.

WCD and NCW not only Planned to ruin Family and Marital Life of man, Later they tried to ruin life of every man by deleting the word misuse and punishment for misuser in sexual harassment Bill.

Law Ministry writes on 3rd March 2009

If Clause 12 (Misuse clause) is omitted then it may lead to situations similar to those being faced in Domestic Violence cases, Dowry Harassment Cases etc.. In order to have a law which is balanced, neutral and gender equal it is important to retain Clause 12

And finally Dr. Kiran Chadha, Jt Secretary, WCD writes on 2nd April 2009

I am aware of special legislations which contains provisions to take care false and malicious complaints.

It must be kept in mind that that all unapproved allegations are not false/malifide. In the instant case, a respondent would be required to produce evidences to the effect that the complaint against him is false or filed with malafide intention. If such evidence is produced, it would be UNREASONABLE to hold that remedy against such false/malicious actions has to be sought elsewhere.

In view of the above I am of the opinion that we may NOT insist on removal of Clause 12.

Here is complete Sexual Harassment Bill http://wcd.nic.in/protshbill2007.htm

Misuse Clause is given below:

Clause 12

12. (1) Where the Committee or the Local Committee, as the case may be, arrives at a conclusion that the allegation against the respondent is false or malicious or the aggrieved woman or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer or the District Officer to take action against the woman or the person who has made the complaint in accordance with the provisions of the service rules applicable to her or him or where no such service rules have been made, in such manner as may be prescribed.

(2) Where the Committee or the Local Committee, as the case may be, arrives at a conclusion that during the enquiry any witness has given false evidence or produced any forged or misleading document, it may recommend to the employer of the witness or the District Officer to take action in accordance with the provisions of the service rules applicable to the said witness or where no such service rules have been made, in such manner as may be prescribed.

But unfortunately, this new WCD / NCW Game also will end with same result.

http://supari.org/misuse-rider/ – Misuse rider in harassment law

http://supari.org/poonam-kaur/ – False sexual harassment case Army women officer Dismissed

http://supari.org/cheating-wives/ – Indian Law to punish cheating wives too

http://supari.org/adultery-law/ – Adultery law – One more Abused law.

CONCLUSION : Only way to STOP sexual harassment in work Place is, STOP employing women, that’s why CSR lobbying for Reservation for women in Government and other Places.

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