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Loopholes in Domestic Violence Bill - ExplainedWomen are saying that Domestic Violence Bill is introduced “Only” to protect women from domestic violence. But after knowing the loopholes, you would say that this indeed is a monumental decision, not because it will protect women, but because it violates men’s rights on an astronomical level. You got to read it to believe it.
Aggrieved Person is only a woman. A man can never be a victim of domestic violence, which is an absolutely incorrect assumption. If they really like to protect the victim from domestic violence, then why a man can’t complain against his wife when he is a victim of domestic violence? This clearly exposes their intentions to “let men suffer.” And their malicious intentions are disclosed by Renuka Chaudhury, Minister of Women and Child Development and the executor of this bill, who said on national television, “It is men’s turn to suffer.” Well, she is absolutely right; it is men’s turn to suffer now. Just read this bill and decide. Here are some loopholes. Monetary relief means the compensation which the Magistrate may order the husband/man to pay to the woman, at any stage (any stage meaning?) to meet the expenses incurred and the losses suffered by the woman as a result of domestic violence. (How will the Magistrate assess the amount of expenses incurred and loss suffered by the woman? Maybe there was no expense incurred or loss suffered at all but she can still demand any exorbitant price from the husband/man. Who will not take advantage of the situation where she is given the “so-called rights” to make any demands as she wishes?) Shared household means a household where the woman lived or at any stage (at any stage? That means a woman can complain against a man even after the relationship has ended. Now this is a weapon to take revenge) has lived in a domestic relationship either singly (singly meaning?) or along with the husband/man (singly or along with the husband/man? If she has lived singly then how did they lived in a domestic relationship, and if thed lived then how did they shared their household?) and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest (interest? Legal title is understandable. What about interest? This is clearly encouraging women to demand anything they like that is possessed by the man legally. All they need is an ‘interest’ in the property of the man, and the law will take care of it, and there goes the property from the hands of the man to the woman) in the shared household. Forms of Domestic Violence definitions (a) harms or injures or endangers the health, safety, life, limb or well-being (well-being? This is a very vague term and is open to numerous interpretations), whether mental (how would you prove a mental harassment. A woman can get mentally upset on a big issue or a trivial mundane issue. The scope of misuse here is endless) or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry (when we already have anti-dowry law, then why are they duplicating here) or other property or valuable security; or (why have they categorically mentioned ‘other property or valuable security’?) (c) has the effect of threatening (how would you prove threatening) the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person (this is repeated again, it has already mention in the first point).
Explanation (i) "physical abuse" means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development (‘development’ is an equivocal term open to any sort of interpretation) of the aggrieved person and includes assault, criminal intimidation and criminal force; (ii) "sexual abuse" includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman (define ‘dignity’. Dignity is unrelated to the gender of a person. It is overall character, noble qualities and moral values of a person that makes a person dignified. Generalizing that all women are dignified is incorrect and unjustifiable);
(iii) "verbal and emotional abuse" (verbally, women are much more vicious than men) includes- (a) insults, ridicule (define ridicule), humiliation, name calling (there is endless scope of misuse in ‘name-calling’) and insults or ridicule (which woman has never ever humiliated, ridiculed and insulted a man? There are so many women who have humiliated the man by calling him ‘napoonsak’, meaning impotent. Why is this not an emotional abuse to men?) specially with regard to not having a child or a male child; and
(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.(interested? What is this mean? The aggrieved person could be interested in anybody, boyfriend, lover. That means the man should do nothing to the boyfriend/lover of the woman, just keep quiet and let her enjoy adultery)
(iv) "economic abuse" includes- (a) deprivation of all or any (define ‘any’) economic or financial resources to which the aggrieved person is entitled under any law or custom (custom? What is a custom? There are thousands of different customs in the country) whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to (not limited to? What is this mean? Something beyond necessity? That is luxury), household necessities for the aggrieved person and her children (her children? “Her”. Did she give birth to a child without the help of a man? Can a woman produce sperms on her own?), if any, stridhan, property, jointly (jointly?) or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance; (b) disposal of household effects, any alienation (what is ‘any’ alienation?) of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest (interest? What is this mean? This means that the assets moveable or immoveable, valuables, shares, securities, bonds and the like or other property may not be in her name but if she has some “interest” (who will not have ‘interest’ in money?) she has the right to possess it legally) or is entitled to use by virtue of the domestic relationship or (or?) which may be reasonably required (reasonably required meaning?) by the aggrieved person or her children (again ‘her’ children?) or her stridhan or any other property jointly (jointly? If the man possesses the property but the title is jointly shared, still the property, wholly and solely, belongs to the woman only) or separately held by the aggrieved person; and (c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy (enjoy? She may like to enjoy anything. Her demands could be anything from a handkerchief to a sports car) by virtue of the domestic relationship including access to the shared household.
The Central Government and State Government officers including the police officers and the members of the judicial services are given periodic sensitization (forcing them to be sensitive toward a woman complaint even if they appear to be false and fabricated, and arrest the accused immediately, or else face the wrath of women organizations) and awareness training on the issues addressed by this Act; Assistance of welfare expert:In any proceeding under this Act, the Magistrate may secure the services of such person, preferably a woman(why only a woman? A woman will invariably favour the other woman only, instead of looking into the issue practically), whether related to the aggrieved person or not (related? This is bias and will only make the false case of a woman stronger) , including a person engaged in promoting family welfare as he thinks fit, for the purpose of assisting him in discharging his functions Notwithstanding anything contained in any other law for the time being in force, every woman (every?) in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right (she doesn’t have any right but she has the right), title or beneficial interest in the same (Doesn’t matter if she has no right or title to the property, but she has the power to kick the man out of the house legally) The aggrieved person shall not be evicted or excluded from the shared household (that means even if the live-in relationship ends, the man has to gift his own house to the woman or else be convicted of domestic violence) or any part of it (any part of it?) by the respondent save in accordance with the procedure established by law The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from- (a) committing any act of domestic violence;
(b) aiding or abetting in the commission of acts of domestic violence;
(c) entering the place of employment of the aggrieved person (workplace?) or, of the person aggrieved is a child, its school or any other place frequented by the aggrieved person;
(d) attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact (that means after the complaint is made, the man has no rights to communicate with the woman. Women groups were babbling that this law will not break families. How obvious!);
(e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed (enjoyed? Women love to enjoy like a freeloader) by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent (singly also? The assets, bank lockers or bank accounts singly possessed by the man, actually belongs to the woman), including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the Magistrate;
(f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;
(g) committing any other act as specified in the protection order..
Residence orders: (1) While disposing of an application under sub-section (1) of section 12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order -
(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person (who will declare that the possession belongs to the woman?) from the shared household, whether or not the respondent has a legal (even if the man has a legal title on his possession, he has no right over his own possession) or equitable interest (interests of women is take care of, not the interest of men) in the shared household;
(b) directing the respondent to remove himself from the shared household; (that means even if the house belongs to the man, he can still be kicked out of the house legally by the woman and then the house will be in the possession of the woman legally)
(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides; (the family members of the man is not allowed to live together or even visit the house if the woman does not like it. This is the dream of all women so that she can easily control the life of the man. Women groups aren’t saying that this law will deprive men of their own family love)
(d) restraining the respondent from alienating or disposing off the shared household or encumbering the same; (even if the house or part of the house belongs to the man, he has no right to dispose it off because it actually belongs to the woman. Men possesses nothing, absolutely nothing)
(e) restraining the respondent from renouncing his rights (rights? This bill has left men with no rights, how will he renounce his rights when he has no rights left?) in the shared household except with the leave of the Magistrate; or
(f) directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed (enjoyed? Women just wanna have fun at the cost of a man’s life) by her in the shared household or to pay rent for the same, if the circumstances so require: (that means even after the relationship (marriage or live-in) ends, the man has to give an alternate accommodation or pay rent so that the woman continues to enjoy her life even after the man goes bankrupt. This is good way to buy a house. Get married or get into a live-in relationship and break-up; the law will force the man to gift a new house to the woman)
Custody orders: Notwithstanding anything contained in any other law for the time being in force, the Magistrate may, at any stage of hearing of the application for protection order or for any other relief under this Act grant temporary custody of any child or children to theaggrieved person or the person making an application on her behalf and specify, if necessary, (if necessary? What does this mean?) the arrangements for visit of such child or children by the respondent: Provided that if the Magistrate is of the opinion that any visit of the respondent may be harmful to the interests of the child or children (yes, men are worse than animals who can hurt their own child), the Magistrate shall refuse to allow such visit.
Compensation orders: In addition to other reliefs as may be granted under this Act, the Magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotionaldistress,(now there have established a monetary price to mental torture and emotional distress. This monetary price will extend to the man’s insolvency. Get married or get into a live-in relationship and complain of domestic violence and get very rich) caused by the acts of domestic violence committed by that respondent,
Upon the sole testimony of the aggrieved person, the court may conclude that an offence under sub-section (1) of section 31 has been committed by the accused. (The man has no right to prove himself innocent. Any false testimony of the woman is considered true and genuine, by default. Women groups say that this law will not be misused. What a joke!) Now let us ask this question again. Is Domestic Violence Bill will “Only” protect women from domestic violence? No. This bill is impressively drafted to legally terrorize, blackmail, control, and ruin a man in the name of protective laws for women. The agenda of protecting women is so blown out of proportion that apparently nobody is realizing that in this process, men’s constitutional rights are getting violated in extreme. It seems that women’s group too couldn’t believe it when the bill got passed in the parliament because only a moron could not see what this bill is all about. Women groups drafted this bill with extreme care and thought that they should give it a try to get it approved. And it got approved. Would you marry or allow anybody to marry a woman when such laws are available with the woman? It is suicidal. 4:04 AM - Saturday, November 11, 2006
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