Wednesday, June 28, 2017

Change gender based law

498A - Legal Terrorism 20 Oct 2012 | 11:25 am
If the wife states that her husband and the relatives have treated her with ‘cruelty’, whether physical or mental, then a case can be registered under Section 498A of IPC. No evidence is necessary for filing charges. A mere statement by the wife is enough to get her husband and relatives arrested and thrown behind the bars. Since this section is non-bailable getting a bail is not always easy. Even if there is no evidence, the husband and the relatives have to keep appearing in the court for several years before they get acquitted of the...
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Protection of Women from Domestic Violence Act, 2005 came into force on 26 October, 2006 for providing protection to wife or female live-in partner from violence at the hands of the husband or male live-in partner or his relatives.Under this act, the term "domestic relationship" includes relationship in the nature of marriage, which refers to those relationships where there is no marriage between the parties, in the sense of solemnization of a marriage under any law. The following categories of women are intended to be covered under 'relationship in the nature of marriage:(a) Women, whose marriages are void or voidable...
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Problem with CrPC 125 20 Oct 2012 | 11:20 am
Under CrPC 125 an order can be passed against a man having sufficient means to provide maintenance for the wife, who is unable to maintain herself. First this section consider a "divorced wife" as a wife. How can a divorced wife be a wife defied all rational reasoning. Secondly there is no upper limit provided in this section for maintenance. It does not take duration of the marriage for determining the quantum of maintenance. This maintenance amount should only be enough to provide the basic necessities for the wife.Thirdly if the husband fails to...
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One of the dangerous provisions of IPC is Section 304B. If the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage then her husband or relative shall be deemed to have caused her death. To attract the provisions of section 304B, one of the main ingredients of the offence which is required to be established is that "soon before her death" she was subjected to cruelty and harassment "in connection with the demand of dowry"; (Prema S. Rao v. Yadla Srinivasa Rao,...
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Marriage Laws (Amendment) Act, 2010 seeks to amend the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954 by introducing Irretrievable Breakdown of Marriageas a Ground of Divorce, subjected to the condition that the parties to the marriage have lived apart for a continuous period of not less than three years immediately preceding the presentation of the petition. Furthermore it states that a wife has right to 50% of the immovable residential property owned by her husband regardless of whether the property was acquired before or during the marriage.Irretrievable Breakdown of MarriageIf the...
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Adultery in Indian Penal Code 20 Oct 2012 | 11:14 am
In India Laws related to Adultery is also very biased. Only a man can be convicted for adultery. A woman cannot be convicted under adultery law. The law states that women are always victims of adultery. Any person with some common sense would understand that this view endorsed in the Indian Law books is not correct. Women are equal participants, propagators and perpetuators in adulterous relationships. The law needs to change so that either both man and woman can be convicted for adultery or make adultery non punishable. In both cases there would be balance in...
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