India needs law reforms to eliminate / correct draconian laws

Presumption in rape laws

Indian government has announced that they are planning to change laws and scrap the unnecessary ones to make judicial process smooth and eliminate law misuse. (Indian courts have millions of pending cases and many of them are fake.)

The bias can be seen from the following examples

Indian women can’t be charged for cheating/adultery

Indian women can’t be charged for rape

Indian women can’t be arrested after 6pm

Only female police are allowed to arrest women

Only men can be charged for sexual harassment

Custody of a kid of age 5 and below goes to the wife

If a boy under 16 years of age has consensual sex with a girl of his age, he’s a rapist.

The father of the deceased doesn’t inherit property, but the mother does.

women are the parents/guardians responsibility until they are married regardless of their age, while boy are parents responsibility till they are 18

Jobless ex-husbands should provide maintenance to his ex-wife

A husband has to take care of his wife somehow or other even if he is jobless

If a man has sex on the pretext of marriage and doesn’t marry, it amounts to rape.

A wife can get your entire family arrested without proof by just CLAIMING mental torture

Staring at a women for 14 secs will land you in (jail , but a no such laws for women

If the death of the woman is caused by burns or bodily injury within 7 years of marriage, the husband is responsible and prime suspect

The minimum age for marriage for a boy is 21, but 18 for a girl.

Only men can be charged for stalking

Any man monitoring or following women in social media is defined as stalking

The husband is legally responsible for the child even if DNA test proves that the child is not his

So I created this blog having a list of the Indian laws that are gender biased  or do not offer support to a victim if the victim is male. I have mentioned the issue with those laws and what should be the modified or the amendments in the law. I request my readers to give me inputs on any more Indian laws that are outdated or draconian and need to be amended so as to update this list.

I will regularly update this blog with the inputs received, so please keep them coming.

*Since this list has been compiled with the records available with me, few amendments may not reflect in it (feel free to point them and I shall update)

 

Sr. No. Code Section Description* Issue in law & changes that should be made
1 IPC 228A 228A. Disclosure of identity of the victim of certain offences, etc.

(1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376, section 376A, section 376B, section 376C or section 376D is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

Issue in law – Since this law prevents disclosure of identity of a woman claiming to be rape victim. one can’t how many rape cases she has filed. So a woman can keep on filing fake rape cases on number of people without anyone realising what she is up to (A woman in Chandigarh had filed 52 fake rape cases). While on the other hand without proof or conviction the identity man accused of rape is splashed across the media but the news of that person being found innocent is rarely mentioned. So the dignity of an innocent man is lost forever while the fake accuser roams free searching for next victim.

Changes that should be made – The identity of rape accused and the accuser should not be revealed till the cases is decided. If the case is found fake the accuser should be jailed and a notice should be sent to all police stations to check if repeat case is filed by that person and the truth of matter before taking action.

2 IPC 304b 304B. Dowry death.
3*[304B. Dowry death.–(1) Where 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 and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.]
Issue in law – There are very large number of cases where women murder husband for money/ property or other assets etc. So this law should also apply to those husbands and justice should be given to every husband who dies at hands of his wife.

Changes that should be made – This law needs to be scrapped as already there so law IPC 302 for murder. So adding extra law is unnecessary duplication that adds to a tool for people to settle personal vendetta against family of in laws.

3 IPC 312 312. Causing miscarriage.

Whoever voluntarily causes a woman with child to miscarry, shall if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Issue in law – There are numerous fathers who lose their unborn child just because their wife caused miscarriage of the unborn child. They will get justice if this law is made gender neutral. Issue in law

Changes that should be made – The law should be changed to take into account the crime against the aggrieved father who lost the child.

4 IPC 313 313 Causing miscarriage without woman’s consent.

Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with 2*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Issue in law – Women cause immense pain to a father when they cause miscarriage without his consent.

Changes that should be made – So making this law gender neutral or adding clause of taking consent of father is necessary. Any woman who causes her miscarriage without the consent of the father should also become punishable under this law.

5 IPC 354 354. Assault or criminal force to woman with intent to outrage her
modesty.
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Issue in law – Assault on men by women who touch their body inappropriately are fairly common but they have no source of getting justice

Changes that should be made – A change in this law shall enable men to get protection from unscrupulous women who take advantage of lacunae in the law to get away with outraging modesty of males.

6 IPC 366 366. Kidnapping, abducting or inducing woman to compel her marriage, etc.

Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine
3*[and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid].

Issue in law – There are plenty of cases in India where children and men have been kidnapped by women to be forcibly married. This law totally ignores their right to dignity.

Changes that should be made – The word woman should be replaced by person.

7 IPC 366a 4*[366A. Procuration of minor girl.

Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.

Issue in law – This clause ignores the crime of purchase and sale of minor boys.

Changes that should be made – The word girl should be replaced with a child

8 366B 366B. Importation of girl from foreign country.
Whoever imports into 2*[India] from any country outside India 7*[or from the State of Jammu and Kashmir] any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person
Issue in law – This clause ignores the crime of purchase and sale of boys from foreign country.

Changes that should be made – The word girl should be replaced with child.

9 IPC 375 375.Rape.

A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:-
First.-Against her will.
Secondly.-Without her consent.
Thirdly.-With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
Fourthly.-With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
Fifthly.-With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
Sixthly.-With or without her consent, when she is under sixteen years of age.

Issue in law – 1) The rape law is not gender neutral is the biggest flaw of this law
2) The excuse of making rape accusation by claiming that consent was given on the promise to marry is used as major extortion tool and is reason behind many fake rape cases.Changes that should be made – The word man and woman should be replaced with person. The word her him should also be replaced by a gender neutral term
10 IPC 376 376 Punishment for rape. Issue in law – Raped men get no protection or support in India because of this law not considering women as offender.

Changes that should be made – The word man and woman should be replaced with person. The word her him should also be replaced by a gender neutral term

11 IPC 376a 376A. Intercourse by a man with his wife during separation.
Whoever has sexual intercourse with his own wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
Issue in law – Here a wife cannot be charged if she forces husband to do it during separation.

Changes that should be made – The term husband should be replaced by spouse

12 IPC 376b 376B. Intercourse by public servant with woman in his custody

Whoever, being a public servant, takes advantage of his official position and induces or seduces, any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.

Issue in law – It offers no protection to male victims of rape

Changes that should be made – The word man and woman should be replaced with person. The word her him should also be replaced by a gender neutral term

13 IPC 376c 376C. Intercourse by superintendent of jail, remand home, etc.

Whoever, being the superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution takes advantage of his official position and induces or seduces any female inmate of such jail, remand home, place or institution to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.
Explanation 1.-“Superintendent” in relation to a jail, remand home or other place of custody or a women’s or children’s institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which he can exercise any authority or control over its inmates.
Explanation 2.-The expression “women’s or children’s institution” shall have the same meaning as in Explanation 2 to sub-section (2) of section 376.

Issue in law – It offers no protection to male victims of rape in jail. Though it is well known fact that world over, men in jails get sodomised & raped by not just the inmates but also the jail staff.

Changes that should be made – The word man and woman should be replaced with person. The word her him should also be replaced by a gender neutral term

14 IPC 376d 376D. Intercourse by any member of the management or staff of a hospital with any woman in that hospital.

Whoever, being on the management of a hospital or being on the staff of a hospital takes advantage of his position and has sexual intercourse with any woman in that hospital, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.

Explanation.-The expression “hospital” shall have the same meaning as in Explanation 3 to sub-section (2) of section 376.] Of unnatural offences

Issue in law – It offers no protection to male victims of rape.

Changes that should be made – The word man and woman should be replaced with person. The word her him should also be replaced by a gender neutral term

15 IPC 377 377. Unnatural offences.

Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation.-Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

Issue in law – It does not consider a woman as offender

Changes that should be made – The term involuntary should also be added to encompass forced unnatural intercourse.

16 IPC 493 493. Cohabitation caused by a man deceitfully inducing a belief of lawful
marriage.Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Issue in law – This law offers no protection to men in similar situation.

Changes that should be made – The word man and woman should be replaced with person. The word her him should also be replaced by a gender neutral term

17 IPC 497 497 Adultery Issue in law – This law doesn’t consider women as offender at all. So the husband who was deceived by his wife has no recourse to justice.

Changes that should be made – The adulterous woman should also be considered equally responsible and liable for punishment.

18 IPC 498 498. Enticing or taking away or detaining with criminal intent a married
woman.Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Issue in law- This law offers no protection to men in similar situation.

Changes that should be made – This law can be scrapped as law for abduction is already present.

19 IPC 498a 498A. Husband or relative of husband of a woman subjecting her to cruelty.

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Issue in law – This law being unclear and non bailable has given rise to a huge extortion Industry in India where unscrupulous women trap their in laws in fake cases and extort money.

Changes that should be made – Since a law for domestic violence is already present, this law can be scrapped.

20 IPC 506 506. Punishment for criminal intimidation.

–Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc. or to cause the destruction of any property by fire, or to cause an offence punishable with death or 3*[imprisonment for life], of with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Issue in law – The clause 3 supports only female victims.

Changes that should be made – The word impute unchastity of woman may be deleted as there are other sections already dealing with it or the law can be made gender neutral.

21 IPC 509 509. Word, gesture or act intended to insult the modesty of a woman.

Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Issue in law – Women have often been found to be indulging in abusing men using profane language against men. This law offers no protection to such male victims.

Changes that should be made – 1) Modesty should be defined 2) The terms word and gesture should be deleted. 3) The law should be made gender neutral.

22 CrPC 98 98.Power to compel restoration of abducted females.-

Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years, for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, present, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.

Issue in law – Why no such power to compel restoration of dignity of a male child or adult is beyond me.

Issue in law Changes that should be made – The word females should be replaced by persons

23 CrPC 100 sub section (3) 100.Persons in charge of closed place to allow search.-
(3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency.
Issue in law – This law totally disregards the dignity of a man. Similar provision should be made for allowing only a male to search a male.

Changes that should be made – The word woman should be deleted. A provision for senior citizen of sick can be added.

24 CrPC 125 125.Order for maintenance of wives, children and parents.-
(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is by reason of any physical or mental abnormality or injury unable to maintain itself, or Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.
Issue in law – This clause is useless for husband who is incapable of earning and his wife refuses to support maintain him. On one side able bodied wife are allowed to get maintenance while on other hand infirm sick husband have no right to live with dignity.

Changes that should be made – The word wife should be replaced spouse.

25 CrPC 127 127.Alteration in allowance.- Issue in law – A woman can seek increase in allowance using this clause. Whereas a man doesn’t even have right to seek maintenance to begin with.

Changes that should be made – Needs to be made gender neutral.

26 CrPC 160 160.Police officers power to require attendance of witnesses.-
(1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.
Issue in law – Is an adult woman at par with kid below 15 years?

Changes that should be made – The term woman should be deleted. A term for senior citizen can be added.

27 CrPC 161 198.Prosecution for offences against marriage.-
(1) No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code(45 of 1860) except upon a complaint made by some person aggrieved by the offence:Provided that-(a) where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf;
Issue in law – When we talk of gender equality, Why is a woman compared to lunatic / idiot or a sick person? Just due to custom!! Do court accept the logic of custom in cases of Dowry, Sati etc?

Changes that should be made – The term woman should be deleted.

28 CrPC 199 199.Prosecution for defamation.-
(1) No Court shall take cognizance of an offence punishable under Chapter XXI of the Indian Penal Code(45 of 1860) except upon a complaint made by some person aggrieved by the offence:Provided that where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf.
Issue in law – When we talk of gender equality, Why is a woman compared to lunatic / idiot or a sick person? Just due to custom!! Do court accept the logic of custom in cases of Dowry, Sati etc?

Changes that should be made – The term woman should be deleted

29 CrPC 360 360. Order to release on probation of good conduct or after admonition :–(1)When any person not under twenty-one years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less, or when any person under twenty-one years of age or any woman is convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender, if it appears to the Court before which he is convicted, regard being had to the age, Character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period (not exceeding three years) as the Court may direct, and in the meantime to keep the peace and be of good behaviour: Issue in law – Such a bizarre facility for female criminals that they can get away even with heinous crimes and be released on probation of good conduct or after admonition?

Changes that should be made – Special privilege to female criminals should be abolished.

30 CrPC 416 416. Postponement of capital sentence on pregnant woman.- If a woman sentenced to death is found to be pregnant, the High Court shall order the execution of the sentence to be postponed, and may, if it thinks fit, commute the sentence to imprisonment for life. Issue in law – A woman sentenced to death can get her sentence commuted to life imprisonment just by becoming pregnant. Will that give justice to those who suffered/ got brutalized and murdered by her.

Changes that should be made – The postponement allowed should be only till the time of delivery.

31 CrPC 437 state amendment UP 437. When bail may be taken in case of non bailable offence:- (1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer-in-charge of a police station or appears or is brought before a Court other than the High Court or Court of session, he may be released on bail, but-
Provided that the Court may direct that a person referred to in clause (1) of clause (ii) be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm:
Issue in law – For giving bail a woman is kept in the same category as that of age less than sixteen years or is sick or infirm.

Changes that should be made – The term woman should be deleted.

32 CrPC 439 state amendment Punjab STATE AMENDMENTS Punjab
439. Special powers of High Court or Court of Sessions regarding bail: (1) A High Court or Court of Sessions may direct,-
Punjab:- After sec. 439 the following shall be inserted, namely,-
(ii) that such person is under the age of sixteen years or a woman or a sick or an infirm person;
Issue in law – For giving bail a woman is kept in the same category as that of age less than sixteen years or is sick or infirm.

Changes that should be made – The term woman should be deleted.

33 CrPC 439 state amendment Chandigarh Union Territory of Chandigarh .- Same as in Punjab Issue in law – For giving bail a woman is kept in the same category as that of age less than sixteen years or is sick or infirm.

Changes that should be made – The term woman should be deleted.

34 CrPC 439 state amendment Tripura Tripura :– Insert Section 439A, after Section 439
(ii) that such person is under the age of sixteen years or any woman or any sick or infirm person;
Issue in law – For giving bail a woman is kept in the same category as that of age less than sixteen years or is sick or infirm.

Changes that should be made – The term woman should be deleted.

35 Evidence act 113A 113A. Presumption as to abetment of suicide by a married woman.
3*[113A. Presumption as to abetment of suicide by a married woman.-When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband. Explanation.–For the purposes of this section, “cruelty” shall have the same meaning as in section 498A of the Indian Penal Code (45 of 1860).]
Issue in law – This presumption has caused havoc in life of husbands who have lost their wife. As the girls parents if they are not in good terms with their son in law or his family. They often file case of abetment of suicide to make life more miserable for the man who is already devastated due to loss of his wife.

Issue in law Changes that should be made – This section needs to be scrapped.

36 Evidence act 113B 113B. Presumption as to dowry death. 4*[113B. Presumption as to dowry death.-When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the court shall presume that such person had caused the dowry death. Explanation.–For the purposes of this section, “dowry death” shall have the same meaning as in section 304B of the Indian Penal Code.] Issue in law – This presumption has caused havoc in life of husbands who have lost their wife. As the girls parents if they are not in good terms with their son in law or his family. They often file case of abetment of suicide to make life more miserable for the man who is already devastated due to loss of his wife.

Changes that should be made – This section needs to be scrapped.

37 Evidence act 114A 114A. Presumption as to absence of consent in certain prosecutions for rape. 1*[114A. Presumption as to absence of consent in certain prosecutions for rape.-In a prosecution for rape under clause (a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) of sub-section (2) of section 376 of the Indian Penal Code, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and she states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent.] Issue in law – This clause has resulted in fake rape cases by women who want to make money from fake cases.

Changes that should be made – This section needs to be scrapped.

38 DV Act 2005 Definition aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent; Issue in law -1) Men suffering domestic violence in India have no protection at all from abusive wife.
2) Other women in household like the mother & sister of the husband do not get protection if the daughter in law abuses them.Changes that should be made – The act should be made gender neutral.
Every person in the household including father in law, mother in law should get protection in this law.
39 DV Act 2005 17 17. Right to reside in a shared household.—
(1) Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.
(2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law.
Issue in law – Using this section women who file fake cases of domestic violence force themselves in shared house hold and threat the others to leave out of house or face more fake cases and claims of domestic violence

Changes that should be made – The woman claiming to be aggrieved can be accommodated in a shelter home instead of putting the existing members of family at risk of fake cases.

40 DV Act 2005 18 18. Protection orders.—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— Issue in law – Using this section women who file fake cases of domestic violence force themselves in shared house hold and threat the others to leave out of house or face more fake cases and claims of domestic violence

Changes that should be made – Such order should offer protection to both parties. Else many times the woman purposely instigates and abuses to get reaction from the accused party and then claims breach of protection order.

41 DV Act 2005 20 (d) 20. Monetary reliefs.—

(d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal

Issue in law – This clause puts the accused person in double jeopardy as a he may already be paying maintenance to the accuser under section IPC 125 and he is further burdened under this section. Whereas according to constitution a person cannot be punished twice for a crime done once.

Changes that should be made – This section should be scrapped.

42 DV Act 2005 20 (3) 20. Monetary reliefs.—

(3)The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.

Issue in law – This is a duplication as IPC 125 already provides for maintenance.

Changes that should be made – This section should be scrapped.

43 DV Act 2005 20 (2) 20. Monetary reliefs.—

(2) The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.

Issue in law – This section takes laws to new lows. Instead of being a law to help a genuinely aggrieved person tide over difficult situation, this law promotes gold diggers to live off lavish life at someone else’s expense.

Changes that should be made – This section should be scrapped.

44 DV Act 2005 19 19. 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 from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;
(b) directing the respondent to remove himself from the shared household;
(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides;
(d) restraining the respondent from alienating or disposing of the shared household or encumbering the same;
(e) restraining the respondent from renouncing his rights 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 by her in the shared household or to pay rent for the same, if the circumstances so require: Provided that no order under clause (b) shall be passed against any person who is a woman.
Issue in law – Under the guise of protection the woman making fake claims to be victim harasses the innocent but accused in laws. They invade the property of in laws merely by accusing them under this act.

Changes that should be made – The woman claiming to be aggrieved can be accommodated in a shelter home instead of putting the existing members of family at risk of fake cases.

45 HMA 25 THE HINDU MARRIAGE ACT, 1955

25. Permanent alimony and maintenance.-
(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purposes by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent’s own income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the Court to be just, and any such payment may be secured, if necessary, by a charge on the immoveable property of the respondent.

Issue in law -This law is unnecessary duplication of section IPC 125

Changes that should be made – This law needs to be scrapped.

46 SHWP Title This Act may be called the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Issue in law – The name itself exposes the biasness in the act. It is an act only to protect women.

Changes that should be made – The law should be reworded by replacing Women to person

47 SHWP Chapter II The internal Committee shall consist of the following members to be nominated by the employer, namely:
(a) a Presiding officer who shall be & woman employed at a sen1or level at workplace from amongst the employees:
(b) not Jess than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge;
(c) one member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment:
Issue in law – The norm complaints committee are such that they will carry inherent bias against men. So expecting a neutral outcome is difficult.

Changes that should be made – The committee should not consider any member who has any bias against any gender.

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