| Do we need any law to protect women - Part II |
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| Written by Virag | |||||
| Thursday, 10 December 2009 16:15 | |||||
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Most of the feminist literature and feminist theory have been the backbone of the bias and discrimination against men and it is based on a single psychological syndrome which is the "Victim Women Criminal Men" syndrome. And based on this, all the women protection laws have given the sole testimony of the complainant woman a weight-age equal to Level 1 evidence - enough to convict the accused in legal parlance. And this in itself is the key to the paradox. The entire criminal justice system of receiving complaints, investigating them and collecting evidence and facts to corroborate them are based on the sole principle that, "No innocent should ever be punished' as the possibility of filing a false complaint to settle individual scores can never be ruled out and there has to be sufficient protection mechanism against the same. However, in case of women laws, by assuming that all complainant women are victims and all accused men (and other women related to the accused man) are criminals and extrapolating it to assuming that a woman will not lie unless compelled and a man unless proven innocent will not be spared; is a clear violation of the fundamental basis of the establishment of the "Criminal Justice System". And such a system can neither provide justice to women nor men. It will only help criminal women take advantage of innocent men and that is exactly what is happening now. If that was the real hidden feminist agenda then they are successful. Choice lies with them to decide. Anjali also peeves on two more fronts, 1. She is disturbed that the Domestic Violence Act is being blamed of misuse. 2. She vouches that every problem of women can be solved by law. Let me console her by telling her that the Domestic Violence is not all being misused. The Act was designed to extort men and throw them out of their own homes and it is exactly being used for that. The way the Act is designed and relies so heavily on the complainant woman's whims and fancies and statements, it is completely deficient in addressing to Domestic Violence. And it is not only inter-gender discriminatory but also intra-gender discriminatory as it exempts one set of men from punishment and deprives a set of women from protection as well. However, I will not go into details about this, the fact remains that the current form of the Domestic Violence Act in India is not at all being misused; it is exactly being used with the hidden agenda with which it was designed. However, the portrayal of the Act may deviate from reality and this might be concern for the credibility of women and feminists in turn as it is credibility on which they harp, survive and grow unchallenged.
As for formulating laws for addressing women's problems, there are quite some pitfalls as mirrored in Lao Tzu's statement, that, "The more laws and order are made prominent,
The more thieves and robbers there will be." And the feminist ideology of designing laws has already been dissected. Also, the laws designed as per feminist ideology have already shown their dismal performance, every year, the tone of the feminist get shriller, "Crime against women is increasing" and the irony of the fact is that they use unproven complaints as basis of growth indicator!
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