Laws Should be Gender Neutral and No Arrest Should be Made Without Proper Investigation in Matrimonial Cases

July 13, 2017 – 5:31 pm

The constitution of India provides its citizens right to Life. Also  right to freedom.

So when someone is arrested this very fundamental aspect of the Indian constitution is violated. When someone is arrested the liberty of the person and his right to freedom is severely curtailed. So whenever some crime is reported proper investigation should be done and depending on the gravity of the crime like murder, arson etc decision should be taken by the law enforcing authority. But in matrimonial cases if any cognizable case is filed, the police just on the prima face verbal statement of the wife or her family goes down the path of arrest.

The very foundation of justice system is innocent until proven guilty. But in matrimonial cases or women related laws, the accused are declared guilty until proven innocent. In a democracy it is very difficult to understand why there is such a gender bias. Also, this bias is targeting the very basis of judicial justice. The law of the land says every one is equal but in practice it is not true. Some matrimonial laws like domestic violence act (India) do not even consider that men can be a victim of it. Helplines, police says these laws were created for safe guard of women. Alright. But women are not the only one who can face domestic violence. Then why the law is made just women oriented? This way half of the society is neglected.

Many people say that these laws were created with good intentions. But we need to keep in mind if we leave scope of misuse in laws made with good intentions they will be misused. And when we do not even consider the other half of the society then they will be grossly misused. Matrimonial acts like DV, 498a these days are misused left and right. Many lawyers and judges have said on record that this laws are misused. Retired Delhi High court judge SN Dhingra has said that these laws are just not misused but grossly misused. Laws should be gender neutral and judiciary should not show any bias towards any gender.

All cases should be treated on its merit. A mere verbal statement should not be taken as an evidence to arrest someone. What is the guarantee that she will not lie? It has come to light that all sorts of details are fabricated when matrimonial cases are filed. If proper investigation is not done then this can wreck havoc for a men and his family. When the law enforcement department is ready to arrest someone on just verbal statement then it does not augur well for a progressive democratic society.

If we create gender bias laws and exclude the other half of the society then a time will come when a majority of this other half of the society will give up on judicial system. They will take upon themselves and cut off from the society. This trend is already happening in the west. The MGTOW (men going their own way) cult is just becoming stronger day by day. Family system is already broken in the west and relationship system is also breaking up. In India we can seen families are breaking up even in small towns. Nuclear family is not just a big city phenomenon anymore in India. And the way it is going the day is not far it will catch up with the relationship system as well. Like in the west, we will see more of single parents. Number of marriages will go down. Ultimately this will lead to a breakdown of society as we know today.

Not many people care about this today. Neither the government nor the society in general. But they will and the day is drawing fast.

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