Day in and Day out, we get to hear so many cases of the women-centric laws being misused. Be it the 498A or the PWDVA (Commonly known as the DV Act), everyone around alleges that these laws are being misused by the legal terrorists to terrorize their husbands and their families and using them as Free ATM Machines.
However, a critical study of this PWDVA law itself, makes me wonder; is this law really being misused at all? Surprised? Let me give you some grounds to think...
- The act is made to provide relief ONLY to a married woman in a domestic setup.
- It's one of the only laws that is entirely drafted and finalized by Lawyers, and not the legislature. This seems to me like a lock designed by a team of thiefs; and you expect that lock to be theft-proof!
- This law is also famous as being a clumsy copy of the notorious VAWA law of the US, which is under a lot of criticism already. Even otherwise this law is a direct offshoot from the US sponsorship towards breakage of Indian Family system.
- This law defines Domestic Violence as anything that the wife feels as a cruelty towards her. It might include the husband not giving her money for Kitty Party, or even he calling her step brother an idiot.
- The law provides the wife to accuse anyone in the domestic relationship, including 2 months old baby, 89 years old granny or an 8 months pregnant sister-in-law. And they'll all be required to run from pillar to post in the Indian Courts for as long as the Complainant or the Judge wants.
- The complainant under this act can ask for any amount of money from the husband as compensation. There's no limits to her imagination.
- The complainant can also ask for a "right to residence" in any house that she might have stayed with her husband, ever. In addition, she can also legally ask all the other residents in that house to evacuate it, on the pretext that she feels threatened by them.
- The Complainant can file a case under this act at any time of her life, even after 12 years of her divorce from the accused (ex-) husband.
- There is no penalty whatsoever for the complainant if the filed case is proven to be entirely false.
- The Supreme Court of India has ruled very clearly that this Act is a Clumsily Drafted Law and so it should be scrapped.
- This law is already declared as unconstitutional by the National Organization "Save Indian Family" in it's National-level Shimla Meet 2009.
With all the above points about this particular act, don't you think the law was specifically designed by the Lawyers Collective for the exact purpose to destroy the very fabric of the country?
Now that you know the background about this law, do you still think this law is being misused? I'd say not at all. The PWDVA, 2006 is actually Used properly for achieving it's exact objective. The objective to destroy India and the Indian Family System, by destroying the very workforce of the country, i.e. the Men and their families.
So when a law is being used exactly as it was designed to be used, would you still call it a misuse? I'd not.
(The author, Mithun Kumar, is an activist who fights tirelessly for men's rights and fathers' rights in India).