Misuse of Law


What are some cases/stories where women have misused Indian-laws, which were actually made to protect them?

Answer by Anonymous:

I thrashed my wife to get my life back to normal

I went through this 3 years ago in Delhi, though I now live in Germany with my German wife.

My wife was having affairs with multiple men at her work place. I had evidence of the same, where there were nasty (really sick) messages from men, asking her to stay over at their places.

We'd been married for 6 months at the time and I immediately asked for a divorce the next day, telling her why I wanted it.

My asking for a divorce hurt her ego badly. Very badly.

Same scenario as the other, she complained to the cops and I had 9 cases on my head. The moment my company found out, I lost my job and I wasn't getting jobs elsewhere because of the FIR mark against my name.

I went through this phase for 12 months, 12 months of being rejected my MNC's because background checks, proved that I had a "number" of police cases on my head. Despite having brilliant recommendations from my seniors and college profs whom I was in touch with

Now, what does a man do in this case? I have loans to repay and I was a senior in a large corporation, so I was drawing a good amount of money. All of a sudden, I couldn't pay for my car, house and money invested in mutual funds.

What the fuck was I supposed to do? It came to a point, where I was finding it cumbersome to survive in Delhi. That's when I completely lost my mind. I took to alcohol and being an alcoholic for a few months. Family and friends avoided me because of my rowdy behavior.

So, I called my (bitch) ex wife one fine day and told her politely to back off. She refused saying that I deserved this. That's when I decided to get back at her. I did and my life was back to normal.

I stalked her and found out where she went and what she did with her time. I caught a hold of her at 7 p.m. at a certain location in Delhi, where I literally attacked her. I thrashed her like there was no tomorrow. Yes, I beat her up badly, slapped her around and pushed her to the ground. I threatened her and told her that I'd kill her if she didn't leave me alone. I even carried a Swiss Army knife at the time, just to scare the fuck out of her and it worked very well.

That's when the bitch got the message and pleaded for mercy & withdrew her case against me.

I don't give a flying fuck what you feminists think of this. When a man's high flying career has gone to seed and is left with nothing, you get desperate. That survival instinct kicks in and you'd do anything to get back on track.

We're living in tough times — life is stressful and the last thing I needed was some retard of a woman destroying my life, without any fault of mine.

I asked her to back off politely but she refused and this is how I deal with situations that go completely our of hand.

P.S. – I'd slap her again if I ever see her. Hard. For destroying 1 precious year of my life and creating a bad impression of me in multiple MNC's, that won't even consider me now if I ever come back to India because I "had" a FIR filed against my name.

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What are some cases/stories where women have misused Indian-laws, which were actually made to protect them?

Answer by Anonymous:

This is what my college friend told me once. I post his exact words because I believe people need to know this.

this happened to me when I was in 12th class. me and my group of four guys only had one thing on mind at that time. It was C++ and java. We were what you can call budding programmers (We all are doing CS engineering now in top colleges). I loved the way that we used to push each other to new boundaries. With our passion, our talks were rarely about girls. Until unless some other bloke started the topic, we usually didn't care.

   One day, during my class, a girl approached me saying that she wanted me to teach her the things that she had missed last week due to her visit somewhere. I obliged and I taught her for two days in the school grounds on benches. After this, we became friends and yes, for me, who hadn't talked to girls that much, I felt happy with her. Soon I proposed, but the reply I got left me baffled. It was,"but XXX(my name), you are in such a serious relationship with XYZ( some girl) and you ask me to be your girlfriend. I thought better of you."

I was dumbfounded. On research, I found that a girl in my class apparently had been telling fake stories of how me and her have been dating for almost a year.

I gre doubtful and asked my friends for advice. They said that I should talk to the girl concerned. I approached her one fine day and I bet she understood what I was going to talk about before I even spoke a word. Nevertheless, I explained her properly. She said that she only did that because she was attracted to me and at that moment indire tly proposed me and asked for an answer. I didn't like her, I barely knew her. I politely refused, saying that I like someone else. she apologized and said she wouldn't say anything from now.

A month later, I found out that it had not stopped. She was still spreading stories. Stories of how we have kissed and have reached bases. Seeing this again, I got irritated and I blasted the girl in front of the class. I stood up in front of the class and I spoke how the stories she has been telling are fake. I was naive. I didn't know how to react. After this, she lost her trust from all her friends.

and then it started…. the misuse

two days later, my principle comes to my class and takes me away. On reaching her office, I saw four people. The girl sitting on the chair crying. a man standing beside him, her father and a police officer.

Soon, I was told how the girl has explained that we had a "fight in our relationship" and how I got physical because of my anger. She showed marks on her hands ( self inflicted but claimed mine.). Her father said I want to talk to the boy alone. everyone allowed.

He took me out on the corridors and said," look son, you apologize to my daughter or else I will make you suffer."

I refused. I knew I hadn't done anything wrong. I was let go while the police investigated the case. The same day, I told my parents and friends everything. My parents knew me well. They believed in me but that was pretty much it. Apart from the 4 friends I had, almost everyone sympathized with the story of a girl, which was different on different places. Rumors got so bad that people started saying I raped her.

   the next one month was tragic. I lost all respect I had with teachers. My relatives saw me as something very bad. I barely talked to any new persons. Then one day, one of her stories made a mistake. She finally announced the date of the incident as she was coming out of her "depression". As soon as one of my friend got to know it, he realized a crucial thing. I was not in the city and had gone out of with my friends for an IIT college fest. He ran with the proofs, the flight ticket and the visitor card made by my name in the college. Finally, for once after a long time, one of the police officers supported my case and finally the girl was revealed as the culprit.

but what I don't understand is, the day I was condemned, I distinctly remember a bunch of at least 20 or so publicists. The day they announced the truth, I counted only five. I'm still seen as a culprit, because that girl has left a blotch on my record.

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What are some cases/stories where women have misused Indian-laws, which were actually made to protect them?

Answer by Sanchayan Roy Choudhury:

Feminist organizations have unequivocally and unanimously hailed the implementation of the Domestic Violence (DV) Act in India. They claim that this law will empower victims and protect them from abuse.

Most people in their right state of mind would agree that domestic violence in a relationship is not acceptable. It is only fair that for their own mental and emotional health and for the well-being of the children, that the victims be protected from abusive partners.

There are three fundamental problems with this law – a) it is overwhelmingly gender biased in favor of women, b) the potential for misuse is astounding and c) the definition of domestic violence is too expansive.
Page on 498a

1) The DV act singles out men as perpetrators of domestic violence and assumes that only women are victims. As per this law, only a woman can file a complaint against her male partner.

The fact is that it has been comprehensively proven in numerous studies that women are no less abusive as men in intimate relationships. Giving such sweeping legal powers to women while withholding protection to male victims is tantamount to systematic legal victimization of men. In the western world, the domestic violence laws are gender neutral and provide protection to the victims, both men and women. The fact that the Indian version explicitly prohibits any male victim to seek relief under this law defies all logic and is beyond comprehension.

2) The second significant flaw in this law is that it lends itself to such easy misuse that women will find it hard to resist the temptation to “teach a lesson” to their male relatives and will file frivolous and false cases.
A similar trend is already being observed in the case of anti-dowry law (498a), which is being misused to such an extent that the Supreme Court has termed it “Legal Terrorism”.

If she demands any amount of money from him, for any reason whatsoever, he is legally bound to pay that amount in full, failing which he can be imprisoned.
The same rule doesn't apply the other way.
b)She retains the right to the residence.
This is a very convenient means of getting control of the house regardless of whether she has any legal right on the property.
c) If she decides not to cook and wishes to eat out in a restaurant everyday, he cannot afford not to oblige, lest he invites the DV provision for “not providing food”, for which he could be jailed.
d) If she has an affair and he tries to prevent her from meeting her lover, he could be punished under the DV act, as he is preventing her from meeting someone.
e) He can be booked under the DV act if she feels that she has been insulted. Insult is a relative term, which is totally left to her discretion. Interestingly, if she insults and abuses him verbally or even physically, he does not have any legal recourse in this law

These are just some of the ways in which women can exploit men in a legally permitted manner. The fact that the complaint by a woman will be treated, prima facie, as “true and genuine” opens up a whole new realm of possibilities where innocent men will be accused and implicated in false cases, just because they refuse to give in to her unreasonable demands.

A few BASELESS counterarguments(and their rebuttals)

Argument-> The number of miuses will be very low OR every law is misused
Rebuttal-> The objective of any law should be to punish the guilty and protect the innocent. The persecution of innocents cannot be justified in any
circumstances. As is the case with 498a, this law will be heavily misused in urban India.

Argument-> If she is happy, then why will she file a complaint
Rebuttal->Ah ! So, the man exists at the mercy of the woman. If the wife wants to kick out old parents from home or wants to pursue an affair and should the man dare to object, she can get him incarcerated with alacrity. Any law that forcefully subjects a section of a society to conduct as per the pleasure of another section is deemed oppressive and should be vehemently opposed.

Argument-> There are other provisions to deal with the misuse of this law
Rebuttal-> The fact is that there are other legal provisions to deal with domestic violence as well. If a strict law is made for a specific purpose, then the provisions for dealing with its misuse should be in the law itself.

3) The third major flaw in this law is that it provides an all-encompassing definition of domestic violence and some terms (insults, name calling) are extremely subjective.
The radical feminists claim that 70% of women in India face domestic violence which comes as no surprise as even an insult is considered domestic violence.(Feminists.. do you DARE to reply?!)
Interestingly, they are mum on how many indian men suffer domestic violence using the same criteria.

This law strikes at the very foundation of marriage by promoting intolerance and litigation for petty domestic disputes.
It is universally recognized that from time to time differences arise in a marriage and sometimes people, both men and women, behave in hurtful ways towards each other. Most people, though, are able to work them out and lead a more or less happy life with their loved one.
However, this law makes it very easy to escalate the domestic problems in daily life to such a level that it eventually leads to a breakdown in marriage. Once a man has been accused of domestic violence for a something relatively minor (insult), while he might have been subjected to the same treatment from her, he will perpetually feel threatened by his partner and that is the beginning of the end.
This law will lead to more divorces, broken homes and the children will pay the ultimate price by getting deprived of a pleasant childhood.
There are degrees of domestic violence and not all conflicts in a relationship can be termed as domestic violence. This law trivializes the issue of domestic violence by including minor differences in its realm and by explicitly denying protection to half of the population.

When a person who has not committed any crime, begins to fear punishment under the provisions of a law, it is not a law anymore – it is state sponsored terrorism.

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What are some cases/stories where women have misused Indian-laws, which were actually made to protect them?

Answer by Anonymous:

I was arrested for accidentally falling on an Indian woman

It was evening in Mumbai, during the monsoon. There were potholes all over the place, and it was nearly dark. Two women were walking on a rather quiet road, and I was behind them. I was in a slight hurry, so I was more or less jogging. It wasn't a wide road, and it was rather wet, so there was a small amount of space to walk in.

Anyway, I was walking faster than these two women, and when I'm close by I tripped and fell. I grabbed the nearest thing for support, which was the woman's shoulder.

Yes, it's obvious that this will scare the crap out of any woman walking on a nearly-dark, lonely road, even if she has a companion. I can see that. There is a clichéd scene in Bollywood films where the rapist/molester comes up behind a woman in a similar setting, spins her around by the shoulder, and grabs her. All understandable. But they overreacted a bit too much.

She immediately turned around and hit me in the stomach. In the time it took for me to get over the second shock (first one was of tripping), the other woman turned around as well and grabbed me. They both assumed that I was a rapist, and started yelling at me and hitting me.

I tried to tell them that I had just tripped, but they didn't believe me. I pleaded, and tried to explain the situation; tried to get them to look at it rationally. They weren't willing to listen.

I probably could have fought my way out. In retrospect, I probably should have done that. At the time, however, I was terrified of their accusations and did not want to give them any opportunity to get at me further.

They took me to a police station. I meekly came along, hoping that the police would see my side.

They didn't. The two girls were hysterical, and they kept claiming that I was a rapist and I assaulted them. With two eyewitnesses, the officer had to file an FIR (First Information Report). I was put in jail on a temporary basis, till my identity could be established.

Once that happened, the case went to court. I won't bore you with the details, but here are some key points:

  • In court their story was that I had grabbed both of them and not let them go. A falsehood, yes, but I couldn't prove anything. It was the word of two girls against one man. I don't know why they did this, maybe their memories had been fudged while they were hysterical. It happens. Or maybe they still thought that was a rapist and just wanted a stronger case. Or maybe they just wanted money. I don't know.
  • The minute my workplace (I work in an IT firm) heard of this, I was immediately fired. I don't have any family to support, but supporting even oneself in a city like Mumbai (where just rent takes up almost all of your paycheck) is quite hard.
  • Bail and lawyer fees costed me (and are still costing me) a lot. I don't have much money left to fight this battle, I may just have to plead guilty. Fortunately some of my friends still believe me, so I have some monetary backup. But that may not last either; and I cannot suck my friends dry for no fault of their own.

It's my word against theirs, and there are two of them. Add the natural bias towards women in rape cases, and that more or less has me sunk.

I'm nearly drained of cash and energy now, since I moved a higher court (I was found guilty in the district court). Even if I get out of this, I'll never be able to date an Indian woman. It's just too terrifying. If such things can happen on a chance encounter, then being in close proximity with one is a billion times worse. I could go on a date with a girl and she could similarly accuse me. Even if I managed to get into a long relationship, I could still be accused of rape later on. This probably sounds irrational and paranoid, but that's who I am now.

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