11:00 – 19:00
In the year 1992, the National Commission for Women was set up as statutory body with an objective to
- Review Constitutional and Legal Safeguards for Women
- Recommend legislative measures and remedies for aggrieved Women
- Facilitate redressal of grievances
- Advise the Government on all policy matters affecting women.
Since then, in the last three decades NCW has done a commendable job in both cases that are Domestic (India) and complaints that are against the NRIs. NCW has also contributed towards women and child development, empowerment and continues to focus on strengthening governance of Acts and law implementing agencies including the police personal.
Unfortunately, the history of NCW and the work done has revolved around women only, and rightly so because that was the objective. But, today the society we live in is not what it was three – four decades back. Women have grown much stronger, genders are beyond men and women with LGBTQ identities and unlike before, today any person irrespective of the gender can be a victim of abuse and violence by the intimate partner.
The statistics recently published by National Crime Records Bureau show that for every married woman committing suicide, two married men are committing suicide due to domestic violence in India. In another study it was found at 52.4% males were victims of domestic violence. False cases of 498A are on the raise, fathers unable to meet their children and being labeled even before the trail unable to bear the stress have resorted to end their lives. We need to open our eyes towards this issue now, Domestic Violence is gender neutral, and our laws also should be gender neutral.
Domestic Violence is not only India specific, it’s a global phenomenon and can be equated to a pandemic or even worse. One such statistic shows 1 in 9 men are victims of abuse in US, 2 in 5 men are victims of abuse in UK, 1 in 16 men are victims of abuse in Australia. There is 3x more violence against men in South Africa, Kenya and Nigeria say the reports and many other countries too. Surprisingly the statistics from middle east are equally bad, countries like UAE, Lebanon, Egypt, Morocco, Algeria, Jordan, Tunasia etc… have acknowledge the raising concern of men being victims of domestic violence. The good news is unlike the past the world is opening eyes and accepting that men too can be victims and now always are the perpetrators. As we open our society and are more inclusive the stories of intimate partner violence in LGBTQ community is a much bigger concern and a wider topic.
India should have a national strategy and policy to amend the laws and make them Gender Neutral, unlike women, Men and all other genders too should be able to register complaints that should be taken up as FIRs against the perpetrator and strict investigation should follow punishing the accused. A lesson learnt in the past with 498a is few women to settle scores and draw vengeance took advantage of this act and many men lost their respect, and some lost their lives too, in the new act and policy strict penal action should be draw for filing false complaints.
While this is a long-term solution, the formation of a commission for Men and an Act or amendment of sections in IPC, the society at large has a lot of self-help groups and NGOs who are working towards support the victims and promoting gender natural laws. Meanwhile, if the victim is an husband and his family, you have the following options to exercise…
1. File an RCR – Restitution of Conjugal Rights :
After a favorable judgement if your spouse is not willing to stay with you, this becomes a ground for Divorce, and she will not get the benefit of availing Spousal Support / Alimony or Maintenance. Case Law : Smt.Manju Kamal Mehra vs Mr.Kamal Pushkar Mehra, Bombay High Court.
2. Divorce on Grounds on Cruelty :
Once proven beyond doubt that you are the victim and are subjected to cruelty, you are entitled for divorce. Supreme court held in its landmark case Narayan Ganesh Dastane Vs. Sucheta Narayan Dastane. The aggrieved party needs to prove that the cruelty is grave and unbearable to carry forward with his spouse. In another landmark judgement of Mayadevi Vs. Jagdish Prasad, the Supreme Court held that mental cruelty faced by either spouses not just the woman but men as well can apply for a divorce on grounds of cruelty.
3. Divorce on Grounds of Adultery :
Once proven your wife was in an adulterous relationship, you not only get the divorce, but she will not be entitled to Spousal Support / Alimony or Maintenance. Such was held by the Bombay High court in the case of Sanjivani Ramchandra Kondalkar v/s Ramchandra Bhimrao Kondalkar. Only when the wife can prove that all the allegations of adultery are wrong, she can be entitled to claim maintenance.
4. Compromise – Out of Court Settlement :
90 out of 100 cases that I have handled and can vouch with confidence that parties will want to settle the matter for better good and keeping in mind the future, after the initial euphoria driven by vengeance dies down, both parties keeping aside their respective egos look at settling the matter filing a compromise and get separated with mutual consent.
5. Quashing of 498a, Trail and Defamation Suit :
Fight the case and face the trail with courage, patience and if you have not committed the offence and the allegations are blown out of proportions, try quashing as the first remedy, else follow the trail, after the judgement is in your favor you can file a suit for defamation. Some landmark cases on misuse of 498a are – Arnesh Kumar v. State of Bihar, Manju Ram Kalita v. State of Assam, Bibi Parwana Khatoon v. State of Bihar, Rajesh Kumar & Ors v. Sate of U.P.
Of all the cases, Rajesh Kumar & Ors v. Sate of U.P. is the most important judgement in the 498a which was a turning point and brought in lot of relief to men, the role of Family Welfare committees and the importance of counselling as a first remedy instead of immediate arrest was highlighted.
6. Counter Cases :
If you happen to identify that your spouse or their family members have engaged in harassing you and your family, you can file counter cases. Your family members too can file independent cases against your wife or their family members in one or multiple locations. Such cases can be filed by you pressing charges of Criminal Conspiracy under section 120 A/B, Falsification of Evidence under section 191 of IPC, Fabricating False Evidence (eg.. incorrect bills from a jeweler etc…) under section 192 of IPC, False statement under section 199 of IPC, further sections like 200, 201 and 202 can also be invoked for false declaration and incorrect or dishonest claim.
In the case of Pinakin Mahipatray Rawal vs State of Gujarat; The court held that the burden of proof under Section 113 A is on the prosecution.
In S Mehaboob Basha vs State of Karnataka it was held that ill treatment is committed in closed doors and one can hardly expect any witness.
7. Counter Cases if Abuse is involved :
In my experience, when vengeance is drawn, its observed that the family members of your spouse engage in physical abuse and verbal abuse, such abuse can be against you or your family members, such family members can be minors or Sr. Citizens too. In that case you can also exercise an option to file cases under section 321 for Hurt, under section 503 for Criminal Intimidation and 504 for Intentional Insult.
In Giridhar Shankar Tavade vs State of Maharashtra; the Supreme Court explained the term cruelty. The Supreme Court has also held that under Article 136, it can take note of mis-appreciation of evidence by the lower Courts.
In State of A.P vs M Madhusudhan Rao; the court held that Harassment simplicitor is not cruelty, only when such episode is with an unlawful demand is considered Harassment.
8. Counter Cases if Things are stolen from Matrimonial Home :
Its also observed sometimes when Adulterous relationship is involved, or otherwise too, if your spouse has planned and fixed you with false charges, lot of things get stolen from the matrimonial home which legally don’t belong to your partner, such can be your documents like Passport or other important documents or could be items that legally don’t belong to them. It’s not only your spouse but when arguments turn into quarrels the family members of your spouse, friends, relative or also the one she may be in an adulterous relationship. In that case you can press charges of theft under section 378 and 379 of IPC, misappropriation of Property under section 403 and section 405 for criminal breach of trust.
9. Counter Case for Giving False Information to Public Servant :
Very less people invoke this, including the law-making agencies, but this can be a ground one can invoke. It is observed that when your spouse and her family draw allegations against you, such false information is given not only to the Police but also a lot of other public servants. You are protected under section 182 and 211 of IPC and you can press charges against your spouse and family for giving false information to a Public Servant and such false charge of office is made with an intent to Injure you and your family reputation.
10. Child Custody Suit :
If you have children from the marriage, its observed that your spouse often retains the custody of the child (although the orders are not passed) and draws battle against you, the only option then left for you is to file a counter case or compromise with Visitation rights. In such instances you need to be a first mover, ensure the child is with you and bring in a restraining order against your spouse and family.
Unfortunately, when false charges are pressed against men or their families, its observed that you leave everything and try to escape from your home till you get Anticipatory Bail and, in this duration, maximum damage is done, and the above remedies come to your rescue after the bail is granted. Nonetheless, its time for the law-making agencies, the legislative and judiciary to perhaps form a committee and do a thorough brainstorming looking through all possible lenses and ensure we guard the society and punish the wrongdoer, while its very important to protect and empower women, many have taken advantage of the lacunas. I am sure, unlike me there are many other thinkers, lawyers, jurists, NGOs who are working towards in their own personal capacity, my suggestion is a stronger collective representation is required.
If you are a aggrieved husband or a family member who is facing false charges pressed against you or a person who identifies from LGBTQ community who is subjected to domestic violence feel free to write to me at mail@lawyersonia.com or call 9845944896 to discuss the issue you are facing. I will be glad to assist and support you within the guardrails of law and suggest recourse to help you battle the challenges you are facing.
