Indian law generally follows the principle of “innocent until proven guilty,” there are nuances in how certain Women centric laws related to domestic violence and dowry harassment and others are enforced, which can create a perception that the accused is treated as guilty until proven innocent. This has been an ongoing subject of debate and reform in the Indian legal system. not only these laws treat men guilty by default when women complain, without any enquiry or verification of facts, only on statement of a woman cases are registered and Government of India refuse to make any of these laws same for both genders. that’s means only women can file these cases and Women word is Gospel Truth always.
observing that there are concerns about how some laws, such as those related to dowry and domestic violence, can be perceived as being biased towards men and, at times, putting the accused (often men and his family) in a difficult position. Here’s a breakdown of how this works:
Dowry and Domestic Violence Laws:
- Dowry Prohibition Act (1961):
- The Dowry Prohibition Act was designed to prevent dowry-related harassment and violence, which has historically been a significant issue in India. Under this law, the accused can be arrested based on complaints made by the victim. However, the law itself doesn’t automatically presume guilt, but it can often lead to arrest without thorough investigation in some cases, and Judges frame charges without any proof from the accuser.
- Domestic Violence Act (2005):
- The Protection of Women from Domestic Violence Act allows women to seek protection orders, residence orders, monetary relief, etc. While this law aims to protect women from abuse, there have been cases where it is claimed that the law can be misused, and men may feel as though they are presumed guilty before being proven innocent. He is treated as Criminal worst than murderer. Because of Women NGOs, and ministries and their lobby Government of India refused to make any changes to DV Act, saying Women is Victim always by birth and Man is criminal by birth, nd assume that all men beat their wives, come home drunk and rape every night. Indian Dv Act is only for women, Only women can file case on Men and his family without any proof or evidence. Even man has video evidence his wife is beating him he cannt file Domestic Violence case on his wife. that’s Great India, and its law makers , Gone to dogs.
Issues of Burden of Proof:
- Burden of Proof: In any criminal case in India, the burden of proof lies with the prosecution (the state). However, in certain civil or quasi-legal matters, like in domestic violence cases, the legal process may shift the burden of proof to the accused in certain circumstances. This has raised concerns, as it might seem that the accused is expected to prove their innocence on cookedup sob stories, fake witness of Women family and some Crocodile tears of Woman.
- Presumption of Guilt?: While the Constitution and criminal law uphold the principle of “innocent until proven guilty,” in practice, some people argue that the way these laws are sometimes enforced can feel like the accused is presumed guilty until they can disprove the allegations. This is particularly concerning because rape, domestic violence and dowry harassment cases often don’t always have clear, tangible evidence (such as physical evidence of abuse), and testimony or circumstantial evidence plays a major role.
- Misuse of Laws: There have been cases where men have claimed that these laws are misused, with false allegations leading to arrests, societal stigma, and legal battles, all of which can be difficult to overcome, even if the accused is ultimately acquitted but not single case court is not penalised Women for filling false case, nor court dare to say she filed false case. The courts have also recognized this issue and have, at times, issued namesake guidelines to prevent misuse of laws like Section 498A of the Indian Penal Code (related to dowry harassment) but none working in reality. rampant arrest are going on, not only Men but his old aged parents and distant relatives too.
Legal Reforms:
In recent years, there have been calls for reforms to balance the protection of women from genuine abuse while safeguarding against the misuse of these laws. Some changes to procedures, such as requiring a more thorough investigation before arresting someone in dowry or domestic violence cases, have been discussed in the legal community. Talks are going on for last few decades and these laws are force men to commit suicide, because that’s the only last option left for Men and his family. Government turn blind eye on 90,000 odd suicides of Men because of Family and marital disputes which is almost double of women suicide per year. As per Indian Government Women is victim always, even she kill her husband, and make one sided gender biased laws that proves Men are criminal by birth. All because Women are vote bank and Women ministry like WCD/NCW and other NGOs lobby to make one sided laws which are bread and butter for them which allow them to get funding/grants in millions which is shared to Ministers who promote gender biased laws.
India is banana republic, Government want to keep its citizen busy fighting personal cases, and forget Politicians swindle government funds and mint money. Politicians want to divide India on gender so they can be in power. Gender is Vote bank for Indian Politicians.
AUTHOR : RUDOLPH DSOUZA