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.

How to Handle Fear of Arrest in Matrimonial Cases

July 8, 2017 – 7:23 am

Being arrested is a huge stigma in Indian society. Whether you are innocent or not does not matter and even if you are acquitted from the case later, the stigma remains. In general people in Indian society are scared of cops and do not want to entangle with them. This is a psyche which form to the fear. Parents always want the well being of their children and the last thing they want to see is their sons arrested in false cases. Most wife these days are aware of this fear who want to play the game. Even if they do not know about the laws, they come to know by dint of their family, unscrupulous lawyers. They use this fear to brow beat the husband and his family when she is not happy or her demands are not met.

Arrest causes mental trauma for the accused husband and he / his family is put through all sorts of pressure by the in laws family. They will threaten the husband and his family with false police complaints and lodging false cases in the court. No men would like to see his elderly parents, his sisters or family members arrested when they have not committed any crime. This breaks the men down. And it is exactly what the wife and her family wants. They use this fear and intimidation to control the husband and if they cannot control the husband then they use this method to do a settlement involving a huge sum of money. Please note that matrimonial issues are 10% legal and 90% a mind issue. You need to stay calm and your state of mind is very important in order to handle the issue properly.

So how do we handle the fear of arrest?

  1. Stay calm: Staying calm does not mean that you have completely got over your fear. The fear may be there but you are not over thinking about it. Overthinking will affect work performance and other aspects of live. It may also lead to depression.
  2. Handle your parents / Family: Assure your parents / family that you will be able to handle it and ask them not to panic. Dont keep discussing at length. Discuss logically what is needed.
  3. Get over stigma of arrest: If you have not committed any offence and you are arrested then it is a crime. It is a violation of your fundamental right. Society has done an injustice to you. It is one thing to feel bad about being arrested when you have not committed any offence and another thing when you commit suicide on it. You should never ever think of suicide. If you commit suicide then it break down your parents and your family’s will. Once you are dead, your wife will simply move on and the loser will be your family.
  4. Seek help: she or her family starts threatening you with court cases, try to record and gather evidence. using this you can get anticipatory bail. Contact men’s right organization in your city immediately. Discuss your case and visit their weekend meetings regularly. This will not only help you with guidance but also give you a space to tell your story where no one will judge you with preconceived notions.
  5. Legal: Try to get referral of good lawyers. You can also search internet for lawyers in your city. Speak to few lawyers and select one of good standing. Discuss you case and keep the lawyer prepared. He is the one who can help you with anticipatory bail and in the event of arrest, secure a regular bail.
  6. Arrest: So what if you are arrested! Before arrest you were the same person and even after arrest you will be the same person. Merely going to prison do not mean your life is over. When situation off arrest arises, you should always try to secure a bail in the relevant section she might likely file cases. If you are unable to get anticipatory bail and you are arrested, secure regular bail. Once you are out of jail, just prepare to face her in the court. Once you are out of jail or avoid jail, in most cases her most potent weapon is over.
  7. Do not fear the arrest, it is a tool used by many wife who want to intimidate and play games.
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