The International Violence against Women (i-VAWA) bill is proposed to be tabled in Senate in next couple of months. There are serious controversies in India due to misuse of the laws meant for protection of women. It is appropriate for US to allow Govt of India to deal with these issues.

So, US Senate must exclude India in i-VAWA bill.

President of India, Mrs. Pratibha Devisingh Patil on 26^th Dec 2007, referring to misuse of VAW legislation in India:

""Let me put in a word of caution and sage counsel. Empowerment does not mean setting women against men. Gender injustice cannot and should not be perceived as war or rivalry between the two sexes."

"Instances exist whereby protective legal provisions for the benefit of women have been subjected to distortion and misuse to wreak petty vengeance and to settle scores. It is unfortunate if laws meant to protect women get abused as instruments of oppression." Click here to read more.

1.       India is ahead of US in legislating and implementing stringent laws against Violence against Women (VAW). The first law against physical and mental harassment as well as  cruelty against women, the Section 498A of Indian Penal Code was implemented in India in year 1983, i.e. at least a decade earlier than US implemented Violence against Women Act (VAWA) in 1994.

2.       This Law against Violence against Women (VAW) which mandates arrests of accused men and his relatives (male or female) has been grossly misused in India. For example, more than 1,23,000 women and 3,70,000 men were arrested and jailed without investigation for under this law in last 4 years alone (2004-2007).

3.       The Amnesty International and Feminist Groups from India, who received funds from USAID have not given complete information to Senate about disastrous impact due to wrong implementation and misuse of these women specific laws in countries like India, even though they are very well aware of these facts.

4.       Indian Supreme Court and even President of India have shown serious concern and have warned people of India about misuse of the laws against Violence against Women, a potential gender war, breaking of India's age old family system and its potential social costs on children.

5.       US State Department carried a Travel warning for US citizens travelling to India to get married about these draconian laws for couple more than 4 years.

6.       Statistics and studies have found that women in India are 2 times safe than women in US either at homes or outside.

7.       The further funding of US to agencies via USAID in India towards aimed at retaining such draconian biased laws does not help Indian state nor its citizens. There is a growing concern among Indian citizens that US and western funding is indirectly responsible for harming Indian family system.

Quotes:

"Dealing a blow to women's rights activists who have been stringently defending the Section 498A provision of the Indian Penal Code, Chief Justice of India K G Balakrishnan on Saturday said that in some cases this section-that deals with matrimonial cruelty-was being ‘grossly misused'."

-Chief Justice of Indian Supreme Court, K.G.Balakrishanan, referring to misuse of the VAW Law enacted in 1983.

"By misuse of the provision (Section 498a) a new legal terrorism can be unleashed. Merely because the provision is declared constitutional, it does not give licence to unscrupulous persons to wreak personal vendetta."

"In such cases acquittal of the accused does not wipe out the ignominy suffered during and prior to trial. Sometimes adverse media coverage adds to the misery".

"The object is to strike at the root of dowry menace. But by misuse of the provision a new legal terrorism can be unleashed. The provision is intended to be used as a shield and not an assassin's weapon. If [the] cry of "wolf" is made too often as a prank, assistance and protection may not be available when the actual wolf appears"

-Indian Supreme Court Bench referring to the harm caused by draconian VAW laws in favour of women in India.

http://www.thehindu.com/2005/07/22/stories/2005072202631500.htm

Travel Advisory by US State Department on Dowry Immigration Fraud in India

"A number of U.S. citizen men who have come to India to marry Indian nationals have been arrested and charged with crimes related to dowry extraction. Many of the charges stem from the U.S. citizen's inability to provide an immigrant visa for his prospective spouse to travel immediately to the United States.

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