- Have we gone too far with our “get-tough-on-crime” approach to curbing domestic violence?
- Have we become irrational in our approach to women's empowerment and women's rights?
- Are fundamental Constitutional rights being set aside?
- Are we now supporting violation of human rights of innocent men, women and children?
Guilty until Proven Innocent?
Universal Declaration of Human Rights proclaims that “everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law.”
But...
Indian laws against domestic violence presume that the accused is guilty until proven innocent and violate universal principles of fair trial.
Mandatory Arrest?
Article 21 of the Indian Constitution states that "no person shall be deprived of his life or personal liberty except according to procedure established by law".
But...
every year, over 1 lakh innocent persons (one innocent person every 5 minutes) are arrested under IPC Section 498A including 4,000 innocent senior citizens (one innocent elderly person every 2.5 hours) and 350 children (one child per day) without evidence or investigation.
Men do not need protection?
Universal Declaration of Human rights states that “all are equal before the law, and are entitled without any discrimination to equal protection of the law".
Article 14 of the Indian Constitution declares that “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
But...
Indian laws against domestic violence blatantly deny protection to men against any form of domestic abuse, and every year, over 56,000 married men commit suicide due to verbal, emotional, economic and physical abuse and legal harassment.
Mothers and sisters of husband not women?
Indian laws against domestic violence are touted as tools for women's protection and empowerment.
But...
in the last four years alone, over 1,23,497 women have been arrested under IPC Section 498A alone, without evidence or investigation, not for committing any crime under law, but only because they were related to a man.
The verdict is in…
Indian taxpayers have spent lakhs to implement draconian policies around the country. And the verdict is clear – these policies:
* Trample on Constitutional protections and human rights
* Hurt men, women and children
* Divert limited funds away from the real victims
It’s time to restore civil liberties, respect for victims, and common sense to our nation’s domestic violence laws.
Organizations across India observing Domestic Violence Awareness Month:
good move 2 create awareness about dv in true sense !!! keep it up !!!!!!!!!!!!!
ReplyDeletebishwajeet sinha
assam
Domestic Violence is the worst. Most of the the things that happen in a day-to-day situation can be considered as Domestic Violence. Any wife can file a Domestic Violence Case against her husband and claim the right to live in the house owned by her husband, obtain a fat amount as maintenance, get a protection order. Moreover this Act promotes the use of 498A.
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