In my article Society – A Mirage?, I have iterated that the society is actually within us and each one of us comprises it. This article is in continuation with the same. The failure of an individual to comply with a particular situation is passed as a generic blame to the society and an individual decision is presented as a societal norm.

They say society is basic to civilization, and family is the unit of society for which marriage forms the basis. But the way the government has formulated the marital laws, heavily lopsided to one particular gender (the female gender), the institution of marriage is sure to break down to an unnatural death sooner or later. IPC 498A (Cruelty by husbands and relatives on married woman), Domestic Violence Act 2005 have though been conceived with an intention to provide protection to women, have been drafted and implemented so badly that they have become handy tools in the hands of unscrupulous women and their parents to harass their husbands and in – laws.

The provisions contained within these laws are very lucrative for any person wishing to use (read misuse) to realize nefarious designs, to resist misusing these laws. The moment a complaint comes to a police station regarding dowry harassment, without even going into the merits of the complaint or the process of investigation, the husband’s side is arrested and made to undergo undue harassment. Such an easy provision to get the whole family arrested with a single complaint based on imaginary and cock and bull stories can never act as a positive catalyst in saving a marriage. Especially when the case is taken back if ransom is paid as demanded.

Allowing the government machinery to work in this way is by no means becoming of a government aimed at bringing prosperity to the life of its citizens. Any government having progress as the backdrop of its agenda cannot allow the government machinery to be used as a patronizing medium to ruin the lives of lacs of people all around the country in the name of WOMEN EMPOWERMENT. Men and their families are meted out such step – motherly attitude in cases of marital disputes and all this happens under the immunized cover of government’s faulty implementation of the laws. It is highly risky on part of the government in granting almost unlimited powers to one gender, throwing the familial pillar of society into jeopardy of existence.

Marriage is a civil institution that does not need any intervention by the police to settle matters. It is highly optimistic on part of the government to assume that the police force, highly desensitized to matrimonial matters, shall be able to solve matrimonial disputes when they see a golden chance to make money, by framing a false case against the husbands and in – laws and terrorizing them to bow down to illegal demands.

Domestic Violence Act, 2005, on the other hand, is another such legal provision which attracts a lot of females, exasperated with their expectations of a marriage or a live –in relationship, to file cases under various provisions and seek relief. Moreover it makes it mandatory for a judge to pass relief under such an Act, as only the affidavit of the complainant woman is taken as evidence. So in short, allege and get relief is the mindset reflecting in the law. The concept of ‘matrimonial home’ is so badly drafted in it that going by pure literary sense, it qualifies any household where the couple stayed together as a matrimonial home, granting the complainant rights on it. It has started becoming a handy tool to evacuate senior citizens from the house of their own earnings.

Moreover, allowing the woman to put in allegations without signature is another factor that tempts the misuser of the law to intensify activities. Allowing the respondent to be convicted on sole testimony by the complainant of non – compliance of Protection Orders passed, as under Section 31, is directly violating Article 14 of the Constitution of India, which says that, “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” If that be so, then how can sole testimony of one person be used to convict another person?

Moreover the Act also allows multiple maintenance litigations to be admitted, as under Section 20 and 22, heard and maintenance be granted in tandem with maintenance provisions under Section 24, Hindu Marriage Act and 125 CrPC. This is direct violation of Article 20, clause 2 which says, “No person shall be prosecuted and punished for the same offence more than once.”

With such unconstitutional provisions, it is highly optimistic to assume that this Act can bring down Domestic Violence. It will rather increase it for any small provocation is enough for the woman to file a case under this act and make quick bucks. How can any sane government pass such unconstitutional laws open to wide misuse and allowing opportunities of LEGAL EXTORTION?

In addition to the above, in spite of international studies on domestic violence proving beyond doubt that both men and women are equally prone to be victims of domestic violence which means the possibility of females perpetrating domestic violence cannot be ruled out. Yet there is no provision in the Domestic Violence Act, 2005 for men to make complaints or to make a complaint against a woman. So a man / woman facing domestic violence at the hands of another female have no redress to his / her concerns and will continue to suffer. Such legal provisions lacking completeness, gender equality and compliance with the National Constitution should be banned outright as they do more harm than intended.

Marriage is a cart to be borne by two wheels. Making one wheel heavily empowered at the cost of other wheel will never ever ensure its safety, rather prove detrimental to it. The current marital laws as present only give an opportunity to end a marriage with only bitterness being spread between the parties and allowing third party agencies make bucks out of it.

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