• Home
  • About Us
  • Terms and Conditions
  • Privacy Policy
  • Share Your Story
  • Advertise With Us
  • Contact Us
Mens Day Out
ads
  • HOME
  • IN THE NEWS
    • ALLEGED FALSE RAPE
    • 498A CASES
    • MURDER
    • SUICIDE
    • IMPACT ON CHILDREN
    • CRIME HAS NO GENDER
    • ADULTERY
    • ALIMONY
    • DOMESTIC VIOLENCE
  • IN THE LAW
    • HIGH COURT
    • SUPREME COURT
    • OTHER COURTS
  • IN THE SOCIAL
    • GENDER STORIES
    • BLOGS
  • HIS STORY
    • SPEAK UP MEN
    • SUCCESS STORY
  • NON TIER-I CITIES
  • Donate To Us (80G Eligible)
  • मेन्स डे आउट हिंदी
No Result
View All Result
  • HOME
  • IN THE NEWS
    • ALLEGED FALSE RAPE
    • 498A CASES
    • MURDER
    • SUICIDE
    • IMPACT ON CHILDREN
    • CRIME HAS NO GENDER
    • ADULTERY
    • ALIMONY
    • DOMESTIC VIOLENCE
  • IN THE LAW
    • HIGH COURT
    • SUPREME COURT
    • OTHER COURTS
  • IN THE SOCIAL
    • GENDER STORIES
    • BLOGS
  • HIS STORY
    • SPEAK UP MEN
    • SUCCESS STORY
  • NON TIER-I CITIES
  • Donate To Us (80G Eligible)
  • मेन्स डे आउट हिंदी
No Result
View All Result
Mens Day Out
No Result
View All Result
Home IN THE SOCIAL GENDER STORIES

Delhi HC Judge Agrees To Misuse Of Laws But Rejects Amendment As Power Structure Still Favours Men

Team MDO by Team MDO
June 11, 2020
in GENDER STORIES, HIGH COURT, IN THE LAW, IN THE SOCIAL
0
mensdayout.com
Justice Hima Kohli Agrees To Misuse Of Laws

Justice Hima Kohli Agrees To Misuse Of Laws

543
SHARES
1.5k
VIEWS
Share on FacebookShare on Twitter

The Association of ILI Alumni and the Indian Law Institute conducted a webinar on Domestic Violence During Lockdown: An Invisible Pandemic on June 10. The webinar was presided over by Justice Hima Kohli of Delhi High Court, and Rekha Sharma, the Chairperson of National Commission of Women. The session was moderated by Dr. P. Puneeth, Associate Professor at JNU, Delhi.

As reported by Live Law, Justice Hima Kohli commenced the discussion with the challenges women were facing during lockdown, especially pertaining to the household chores that had doubled. She observed that women were faced with barriers of gender bias and this crisis was a “shadow pandemic”. Kohli further observed that women in India were reluctant to seek for help from various quarters in cases of domestic violence due to notions of insulting the honour of the family.
Justice Kohli, is also the Executive Chairperson of the Delhi State Legal Services Authority (DSLSA). She apprised the audience of the steps taken by DSLSA to tackle the issue of domestic violence, which had increased during the lockdown. Kohli said,
Help desks have been set up at night shelters, police stations and other public places wherein legal aid lawyers are present to provide counselling through video conferencing.
There also helplines wherein even a mere missed call/SMS/WhatsApp message is sufficient to make the lawyers reach out to those in need of help. However, these lawyers have been sensitised to approach such matters with caution so as to not aggravate an already volatile situation.

ALSO READ –

Honourable justice also spoke how DSLSA had further collaborated with Mother Dairy booths, pharmacists and chemists throughout the city of Delhi in order to ensure that booth managers can remain wary to instances of violence in their locality, and accordingly forward any information to DSLSA. Additionally, anganwadi and ASHA workers had also been roped in.

Is Domestic Violence Coming From Particular Segment Of Society?

When asked about whether the majority of the complaints came from the lower strata of society, Justice Kohli denied the same by stating:
When it comes to domestic violence, it is not just limited to those living on the fringe of society. It is prevalent across all strata. Money or the professional competence of a woman, surprisingly, does not factor in.
Kohli raised the issue of how women who were financially competent were more reluctant to step out and complain due to their aversion to airing dirty laundry in public. There was also the issue of women who had shifted to other cities to eke out a living who were facing worse problems as they had no alternatives in case they wanted to move out of their shared homes.

Take On 498A & DV Act

Regarding the adequacy of statutory provisions such as Section 498A of the Indian Penal Code or The Protection of Women from Domestic Violence Act, 2005, in providing protection to women, Justice Kohli stated that there were no gaps in the provisions itself. However, the inability to implement the provisions struck at the root of the problem. She said,
What is required is strict implementation, and this requires further outreach. We need to make the women aware, we need to help them access it. There is no use of statutes, if women have no access to it.
She further informed the audience that a victim of domestic violence would knock on the doors of the Court as a last resort; majority of women would first try to save their relationships and their homes. In this context, there was an urgent need for counselling for the women as well as their children.
When asked about what steps could be taken to ensure faster remedy, Justice Kohli said that there were Protection Officers who could provide relief. However, the fact of the matter is that there is a system in law which has to be followed. Applications could, however, be filed for urgent hearings. She quoted,
J&K HC and Delhi HC have taken up petitions on domestic violence during the lockdown. On 24th April, a detailed Order was rendered by the Delhi HC to allow passes to Protection Officers and to ensure immediate action was taken to address issues of the victim.

Should Laws Be Gender Neutral?

A final question was directed to Justice Kohli regarding the misuse of the Domestic Violence Act and the need for a gender-neutral legislation. Justice Kohli categorically informed the audience that the need for a gender-neutral legislation had not yet arisen in Indian society.

ALSO READ –

“My Daughter Beats Me, Makes Me Remain Without Clothes, Gives Food Only Once A Day” | Senior Citizen Mother

In our society, we haven’t reached the point where men have needed protection from women. If there comes a time that women have an upper hand, then we will come to amending the laws. I am not saying that there is no misuse. But, this cannot be a ground to throw out the law. We can do as much as we can to nip the misuse at the bud. However, there is no denying that the power structure is in favour of men.

NCW Chairperson’s Take

Rekha Sharma, on the other hand, observed that instances of domestic violence had increased due to women’s lack of accessibility to aid as a result of being confined with their abusers during the lockdown. She further stated that these women were unable to contact helpline numbers or reach out for help because they were under close observation by their abusers.

She provided some statistics regarding the number of domestic violence cases that had cropped up during the lockdown.

From March 21 to June 7, the number of cases we have received are 1665. Most of the cases came from Uttar Pradesh, while Delhi was at number 2. The figure was almost double from before.
Sharma brought certain enlightening issues to the fore. She stated that the issue with domestic violence was that, first, women were not even aware that they were victims as they were used to the violence. Women in Indian society have majorly grown up seeing their mothers getting abused, and this led to the act of domestic violence getting normalised. Secondly, the lockdown had confined women with their abusers, which invariably meant that the woman’s ability to reach out for help had been severely limited. She quoted,

ALSO READ –

Court: “Wife Filed False Domestic Violence Petition Just For Grabbing More Money From Husband”

The most difficult issue here is that many of the victims are not aware that they are victims. It’s a case of Stockholm Syndrome and these women have seen abusive behavior being normalised. They in fact deter others from intervening as it is a ‘personal issue’.
Sharma’s comments are in contrast to Women and Child Development Minister Smriti Irani, where she recently said there was no increase in Domestic Violence cases and the rumour mongering was an effect of some NGOs.

READ BELOW –

WCD Minister Smriti Irani Rejects Increase In Domestic Violence Cases During Lockdown

Our Take:

  • Honourable Justice Kohli is definitely in better position to analyse Domestic Violence cases from an unbiased perspective as she witnesses the same daily in her court
  • However, where we fail as a society, is when Domestic Violence is gender specific and not neutral for Men too
  • Today several men have no legal recourse if they are undergoing mental and physical violence in the confines of their homes – many are even given threats of false cases if they revolt against the abuse
  • Now coming to comparison of numbers – there is no commission or ministry tracking domestic violence cases on men
  • Nonetheless, even if we assume the number of DV cases on women would be higher than that on men, law must be neutral — justice should be served fairly irrespective of who the accused is
  • Whenever a woman complaints of DV, police takes immediate action — in a reverse Men are asked to compromise and mend ways with the same domestic abuser
  • Justice Kohli is probably one of our judges who has not shied away from accepting misuse of laws, yet often we see judges not penalising women who dare to file false cases
  • To conclude, it should not be one DV case of a man Vs 100 DV cases of women – laws should be balanced for both genders and unlawful actions of whether men or women must have similar conviction, without being biased against the male gender

ALSO READ –

https://mensdayout.com/in-the-social/domestic-violence-during-lockdown-india/

We are now on Telegram. You can also join us on our Facebook Group

Join our Facebook Group or follow us on social media by clicking on the icons below

Donate to Men's Day Out!

Blogging about Equal Rights for Men or writing about Gender Biased Laws is often looked upon as controversial, as many 'perceive' it Anti-Women. Due to this grey area - where we demand Equality in the true sense for all genders - most brands distance themselves from advertising on a portal like ours.

We, therefore, look forward to your support as donors who understand our work and are willing to partner in this endeavour to spread this cause. Do support our work to counter one sided gender biased narratives in the media.

Donate Now (80G Eligible)

To make an instant donation, click on the "Donate Now" button above. For information regarding donation via Bank Transfer, click here.

Follow Us

Tags: #MenToodelhi high courtdomestic violencehigh court judgements
Team MDO

Team MDO

Leave a Reply Cancel reply

Your email address will not be published.

Support Us To Spread The Cause
  • Trending
  • Comments
  • Latest
mensdayout.com

Husband Sends Wife To NZ On Study Visa By Paying Rs 21 Lakhs | Wife Blocks His Mobile After Reaching

October 2, 2019
mensdayout.com

Humans Of Bombay Post One-Sided Sob Story By Wife; Here’s What Brother Of Deceased Husband Has To Say

June 8, 2020
mensdayout.com

Bengaluru Woman Alleged Assault | Zomato Delivery Man Shares His Side Of Story

March 11, 2021
mensdayout.com

Daughter Takes Mum On Her Honeymoon; Months Later Mother Is Pregnant With Son-In-Law

January 20, 2020
mensdayout.com

Accountant Left 24-Page Suicide Note Alleging Harassment And Infidelity By Wife

23
mensdayout.com

ASCI Upholds Complaint | CARS24 Sexist Ad To Be Modified Or Withdrawn By June 17

16
mensdayout.com

“I Curse Myself For Getting My Son Married As Per Indian Laws”: Story Of A Senior Citizen Father

15
mensdayout.com

Greta Thunberg – Zero Solutions – Nominated For Nobel Prize | Boyan Slat – Ocean Cleanup Project Goes Unnoticed

12
mensdayout.com

READ ORDER | Maintenance Cannot Be Rejected Even If Wife Has Sufficient Money After Selling Property: Allahabad High Court

May 21, 2022
mensdayout.com

Disha Rape Case | Encounter Of Accused Men By Hyderabad Police Fake: Commission Report

May 21, 2022
mensdayout.com

Dharavi Woman Booked For Sexually Assaulting 17-Year-Old Boy After She Files Rape Complaint Against Minor

May 19, 2022
mensdayout.com

Noida Shocker | Mother, Daughters, Their Boyfriends Attempt To Murder Family Who Opposed Marriage

May 19, 2022

Follow Us

Recent News

mensdayout.com

READ ORDER | Maintenance Cannot Be Rejected Even If Wife Has Sufficient Money After Selling Property: Allahabad High Court

May 21, 2022
mensdayout.com

Disha Rape Case | Encounter Of Accused Men By Hyderabad Police Fake: Commission Report

May 21, 2022
mensdayout.com

Dharavi Woman Booked For Sexually Assaulting 17-Year-Old Boy After She Files Rape Complaint Against Minor

May 19, 2022
mensdayout.com

Noida Shocker | Mother, Daughters, Their Boyfriends Attempt To Murder Family Who Opposed Marriage

May 19, 2022

Subscribe To Our Newsletter

    Subscribe to our mailing list to receive monthly updates in your inbox!

    Mens Day Out

    Men's Day Out publishes articles about Men's Rights, Gender Biased Laws, Impact on Children of Separated Parents & His Story. Do check out the "Other Side.

    Follow Us

    Browse by Category

    • 498A CASES
    • ADULTERY
    • ALIMONY
    • ALLEGED FALSE RAPE
    • BLOGS
    • CRIME HAS NO GENDER
    • DOMESTIC VIOLENCE
    • GENDER STORIES
    • HIGH COURT
    • HIS STORY
    • IMPACT ON CHILDREN
    • IN THE LAW
    • IN THE NEWS
    • IN THE SOCIAL
    • MURDER
    • NON TIER-I CITIES
    • OTHER COURTS
    • SPEAK UP MEN
    • SUCCESS STORY
    • SUICIDE
    • SUPREME COURT
    • Uncategorized

    Recent News

    mensdayout.com

    READ ORDER | Maintenance Cannot Be Rejected Even If Wife Has Sufficient Money After Selling Property: Allahabad High Court

    May 21, 2022
    mensdayout.com

    Disha Rape Case | Encounter Of Accused Men By Hyderabad Police Fake: Commission Report

    May 21, 2022
    • Home
    • About Us
    • Terms and Conditions
    • Privacy Policy
    • Share Your Story
    • Advertise With Us
    • Contact Us

    © 2019 Men's Day Out

    No Result
    View All Result
    • HOME
    • IN THE NEWS
      • ALLEGED FALSE RAPE
      • 498A CASES
      • MURDER
      • SUICIDE
      • IMPACT ON CHILDREN
      • CRIME HAS NO GENDER
      • ADULTERY
      • ALIMONY
      • DOMESTIC VIOLENCE
    • IN THE LAW
      • HIGH COURT
      • SUPREME COURT
      • OTHER COURTS
    • IN THE SOCIAL
      • GENDER STORIES
      • BLOGS
    • HIS STORY
      • SPEAK UP MEN
      • SUCCESS STORY
    • NON TIER-I CITIES
    • Donate To Us (80G Eligible)
    • मेन्स डे आउट हिंदी

    © 2019 Men's Day Out