How are Laws Established in India?

What precautions can a man take to prevent getting harassed by atrociously worded gender-biased laws in India?

  • By atrociously worded gender-biased laws I meant these - 498A ("Dowry Law") - the foremost among these laws, with numerous cases of misuse reported every week and the Supreme court of India referring to it as "http://hindu.com/2005/07/22/stories/2005072202631500.htm". Going against the basic principle of Indian legal system, the accused under this law is presumed guilty until proven innocent. To make matters worse, the charge under this law is also non-bailable. Widely used as a tool of extortion and intimidation by women, there are several thousand men who have been ruined and their families terrorized by this law. Refer http://www.498a.org/ dedicated to the cause of supporting the victims of this law for more info. Domestic Violence Act (2005) - another arbitrary law under which wife/female live-in partners can legally gain tyrannic control over the household. The definition of violence in this law is so expansive that it only takes a woman to feel insulted, for her husband to find himself on the wrong side of the law. Check http://www.498a.org/domesticViolence.htm out for more information. Law on Sexual Harassment at Workplace - assumes that only women can be harassed, and has provisions that makes it great risk for an organization to even employ women. Under this law, a manager may find himself in trouble if he gives a woman reporting to him work that is too challenging, requires her to work late to finish an important project or puts her in the same team as other members that she doesn't like - because these satisfy the law's definition of "creating a hostile work environment" for women. IPC Section 304B - if a woman dies by burns or bodily injury, or in circumstances other than normal within 7 years of her marriage, the husband will be deemed to have caused the death and has the onus to prove his innocence. - From http://www.avalokanam.com/2013/04/arbirary-and-gender-biased-laws-in-india.html I am especially looking for advice for men on the verge of getting married, so primarily advice with respect to 498A ("Dowry Law") and Domestic Violence Act (2005). - More reading material - http://www.498a.org/forum/ http://www.flipkart.com/just-married-have-you-applied-bail/p/itmdgsauygqbbghy?pid=9789382473213

  • Answer:

    The only advice I can provide is to choose your life partner very carefully. No arrange marriage is not a good way to choose a life partner carefully. Finding a life partner is a very difficult task to execute and in most arranged marriages, parents are under great pressure to make it happen. It is the actual time you take to understand your life partner is what matters. Marry if and only if you see the other person mature and ready for a life long commitment. Talking specifically of the laws: The laws are there and I agree they can be misused. But they are worded so because the other side of the story (harassment of women by men and society) is even worse.

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well to avoid all this the most simple and hard way is :- dont get married, stay single. apj abdul kalam did it, atal bihari vajpayee did it, ratan tata...the list goes on. the main point is if you are not getting married then get busy so that you may not feel the loneliness (if you are that kinda guy). join army live life to the fullest do something for the country..my ultimate point is there should be a compensation factor in your life so that you don't (others don't) consider you a loser. or you can get the hell outta this country n marry a foreigner like aditya said. now related to sexual  harassment at workplace :-  work at a place where there are less women if you are really that afraid. like join police services if you have capabilities to go there or army. or the best is open a business of your own. trust me in your business you will never get harassed :D all the best buddy . hope this help.

Anonymous

Dude, I'm on the verge of getting married and I have spent a lot of time reading these laws and how they have been misused. (Pick up a newspaper, and you'll find at least 2-3 cases of misuse) So I feel qualified enough to answer this question. There is no precaution you can take to "prevent" harassment by these laws, other than leaving this country. That is the conclusion I have come to after years of study (I'm not a lawyer, but I do such study as a hobby). But you can take some steps to "reduce" the chances of getting harassed (like doing a background check of your potential spouse/ partner) Even if you have connections with the top brass of police, they have to arrest you due to the fear of women's rights organisations (read: Feminazis) Some points These laws are applicable to live-in relationships as well, so you can't escape by not marrying Pre-nuptial agreements are not valid in India Now with the stupid judgement of Madras HC, just having sex brings you under the ambit of these laws Women's courts, cleverly disguised as "family courts", are out there with the sole purpose of handing out anti-men judgements All-women police stations operate with the only agenda of harassing innocent men (esp. in Tamil Nadu). You'll laugh if you come to know the reasons they give for arresting men. A woman's word is taken as the gospel of truth e.g. if she says that she did not consent to sex, it will be presumed that there was no consent ! Due to the prevalent "abala nari" concept in the country, you'll be harassed even outside the ambit of law e.g. If a women shouts when you accidentally brush her in a bus, people are likely to beat you up ! Also read this: For a more comprehensive list of the gender biased laws, read the description of the question You might say that "Oh, this would never happen to me. Not all women are that bad" But listen, it is not impossible, and you cannot leave to chance something that will destroy your life. You deserve to be treated better. You deserve a better society (if you think so)

Aditya Khanna

Rather than taking proper action against the so called culprit "ABALA NAARI" in such cases, the Lame government agencies just support them. Just take the example of monopoly of women in Indian corporate offices. Since the most idiotic law was passed in JULY 2013, you just can't say anything to them. They can take leaves anytime they want citing vague reasons and the whole responsibility comes on fellow men for target completion. They are given freedom to wear anything (Short skirts or tight trousers) but poor men should be fully dressed in formals. Even if you look at a lady in corporate sector with no wrong intention, still a complaint of harassment can be lodged against you. The HR as well the whole committee comprises of women and those who only have the thinking of FEMINISTIC Safeguarding and the poor Guy is at the receiving end. It is to be understood that HR policies are being made a powerful tool by women and pro feminist organizations to harass men at such organizations. While we compare the work environment in India and USA, these laws in corporate are drawn from the US watchdog's rule books but the Indian government failed to provide equal opportunity to men for safeguarding their interests just like the US counterparts and why not. Just check out and see which minister's son or daughter works in any corporate sector. These lawmakers are completely insensitive to the real scenario existing in the society and hence end up framing such dubious laws which have lot of lacunae or voids to fill.

Anonymous

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