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Should women be prosecuted in domestic violence cases?

Created by : Aarti Gupta, Legal Consultant  | 06 05 2010 07:27:46 +0000
Industry : LawFunctional Area : India(Markets)
Keywords : domestic violence female prosecution
Activity:  701 views;  last activity : 10 30 2010 06:09:00 +0000

Now, even a woman can be prosecuted under the Domestic Violence Act as absence of such a provision can encourage the men to instigate female members of a family to commit violence, the Delhi High Court has ruled. Interpreting the provisions the Act, the court said that 'relatives' included not only male but also female members of a family.

http://www.topnews.in/files/Supreme_Court_0.jpg

It is common knowledge that in case a wife is harassed by the husband, other family members may also join him in treating the wife cruelly and such family members would invariably include female relatives as well. It would be very easy for the husband or other male members to frustrate the remedy by ensuring that the violence on the wife is perpetrated by female members. Earlier, since prosecution was done only to male members, they were using females of the family for domestic violence.

So users, do you think women should be prosecuted in domestic violence cases?

  
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Yes Vs No
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Top Argument
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I think women should also be prosecuted in domestic violence cases because if they are the victimes of domestic violence, there can be no better proof than listening to their part in court.
By Aarti Gupta, Legal Consultant  06 05 2010 07:27:46 +0000
 
Top Argument
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Women should not be made victims of allegation of domestic violanace. It is a tool rather danger weapon in the hands of a woman misusing the provisions and will use it as a means to implicate the women relatives of the husband in their revange to settle the scores as we have already observed the misuse of ssection 498(A) of IPC since its introduction by way of amendment in 80ies. Giving more power to women will alwalys mean more of its misuse to harass. We all know very well that really suffering women do not come forward and still continue to suffer to protect their marriage. However the provision should be made in such a way that proper enquiry of allegations be conducted before initiating action and truth be found so that only guilty persons are taken to tasks. The present law presumes that husband and his relatives are guilty before trial.
By Ashfaq Shaikh, Private practitioner/Lawyer, Legal & General Group  06 05 2010 09:00:04 +0000
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of course yes. The Constitution prescribes EQUALITY BEFORE LAW


By Mahendra Raval, Freelancer, Freelancer  | 10 30 2010 06:08:59 +0000
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yes, its there right... it does not mean that being a wife... the guy has owned the gal as his property, there is no right to man for domestic violence on his wife.
By MITANSHU , MBA/PGDM student, ISIM  | 10 25 2010 17:54:27 +0000
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If they commit the crime they should do the time. No matter what gender you are, if you are committing a crime like domestic violence then you should be punished for it.
By Business Management Consultant, Business Management Consultant, Business Management Specialist & Strategic Planner  | 10 25 2010 16:32:42 +0000
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Yes...A person must be prosecuted in domestic violence disregard of gender.
By Zubair Irshad, Business Associate, Captain International General Trading  | 09 21 2010 13:36:27 +0000
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In this mechanical life its not the women who become victim of domestic violence, it could be the oposite sex also. I I am not against women as a general, my view is that men are also becoming victims of domestic violence. But our legal system supports the women. Even if the men is innocent our law gives its judgement in favour of the women. Ms Gupta can u tell me if there is any law protecting these innocent husbands and can husbands approach the law for justice in domestic violence cases
By B.Kiran kumar, Insurance Trainer, Bima Institute of Insurance  | 09 21 2010 12:46:05 +0000
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With no doubt !
By Sujata Salunkhe, Consultant, VxtIndia  | 09 21 2010 12:24:35 +0000
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It is understood from court proceedings,mainly women are the provocating factors for the domestic violences and therefore, roots are also to be uprooted by proper prosecutions.
By R N Bhattacharyya, Freelancer, Freelancer  | 08 01 2010 07:17:46 +0000
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Why not? an offense is an offense, no matter who did it :)
By Rajesh Jaganatha, Product Technician, SWEP Internation AB  | 07 31 2010 16:06:08 +0000
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WHY NOT ?
By dinesh kumar sharma, ZONAL SALES MANAGER - NORTH, WOCKHARDT LTD  | 06 22 2010 13:28:31 +0000
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they should if they r guilty of this
By jitender kumar, Associate/Senior Associate, Bank of America  | 06 19 2010 11:29:00 +0000
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think women should also be prosecuted in domestic violence cases because if they are the victimes of domestic violence, there can be no better proof than listening to their part in cour .The provision of the CrPC is to be changed. Why not ... its their profession and they earn living by twisting different provisions in.
By vinod gautam, a.p.o., mnrega  | 06 19 2010 09:19:51 +0000
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Its a Delhi HC verdict and mainly Lawyer/s in India have started "entrepreting" things as per their imagination.

The provision of the CrPC is to be changed.

Why not ... its their profession and they earn living by twisting different provisions in CrPC/ Law in their (clients) favour and against the defendands .. ?

What is the 'core' issue raised by Delhi HC ?

.... that women may also be prosecuted for Domestic violences.   ... details awated

 
By ASOKE KUSARI, Domestic Private Banking-Executive/Manager, A large leading PSU Bank - India  | 06 18 2010 15:58:46 +0000
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Why not! Law should be same for all.There are so many cases where, women intentionally, knowing fully that they won't be pubished, do domestic violence on regular basis.
By R N Bhattacharyya, Freelancer, Freelancer  | 06 18 2010 15:21:53 +0000
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Why not sure.. and i think they can handle these situations very well.they can understand the matter very well and take appropriate action.they can play their role honestly.
By Chandra Prakash Agrawal, Sr. software Engineer, Capgemini  | 06 18 2010 15:08:56 +0000
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THANK YOU ARTI.IT IS NOT THE QUESTION OF MAN OR WOMAN.IT IS WHO IS THE CULPRIT AND WHO ARE THE OFFENDERS.SO THERE SHOULD NOT BE ANY DISCRIMINATION AMONG WRONG DOERS
By s.baalu , Consultant, XYZ LTD  | 06 18 2010 12:48:14 +0000
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with nuclear family on rise, false cases of domestic violence is on the rise, hence proper assessment is required before passing the judgement
By Soumitra Dutta, General Manager, Creative Projects & Contracts Pvt. Ltd  | 06 08 2010 07:45:14 +0000
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present society has created various incidents that might question about women so they must also be prosecuted in court as you think.
By puneet , Manager Admin  | 06 06 2010 12:35:37 +0000
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But do not award punishment in the first instance.
By V.P. Prasad, Freelancer, Law  | 06 06 2010 10:24:42 +0000
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I completely agreed with Arti's views.
By Aman Chowdhary, District Program Manager, National Rural Health Mission  | 06 06 2010 08:41:02 +0000
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yes
By SHIVENDRA KUMAR JHA, Project Manager  | 06 06 2010 08:01:14 +0000
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women can be prosecuted for domestic violence because criminals are equal before court ,it does not matter that she is women.
By diksha , lecturer, SBN law college  | 06 06 2010 07:42:51 +0000
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Yes, if a women is involved in domestic violence, she should be prosecuted. Prosecution should be based on the offence a person does not on their sex. Domestic violence is the major crime offense in our coutry, which is increasing on rapid speed. It need to be stopped asap, without biasing on male/female... they should be prosecuted.
By Santosh Kumar, Product Technical Lead  | 06 06 2010 07:26:20 +0000
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law should not be viewed in perspective of gender,however development work for empowerment of underprivileged should be exception for former statement
By ANOOP BHARTI, M.E/M.Tech/MS student, LPU JALLANDHAR: PUNJAB  | 06 06 2010 07:23:22 +0000
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Yes women should also prosecuted for this..always men are not guilty.But all believe that only men are problem creators...and some women who purposefully take advantage of this....
By Devi Ranjit, Trainee Officer Legal, Pratibha Industries Ltd  | 06 06 2010 04:21:28 +0000
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Bull Shit....It would be ridiculous if women are not  prosecuted......And an interesting fact is that most part of such type of cases are false ..and those cases are claimed for the selfishness of the women theirselves...........
By venugopalraju , Assistant Systems Engineer-Trainee, TCS  | 06 05 2010 13:10:34 +0000
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every human being is equal in the eyes of law
By Mahendra Raval, Freelancer, Freelancer  | 06 05 2010 12:23:37 +0000
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every human being can have grievances violance doens not mena only phisical
By Mahendra Raval, Freelancer, Freelancer  | 06 05 2010 12:20:06 +0000
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Yes they should be also prosecuted. who ever is suspicious let it be male or female they should be prosecuted and get punishment if they are found guilty. I don't have much more knowledge of law and can write this much only.


By Krishna Bhardwaj, Lyrics Writer, Freelancer  | 06 05 2010 07:54:07 +0000
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In India the legel system is more often misused. The total system is corrupted to bribe the gentlemens and their household.

There are gentle peoples also and womans too. But the judgement delays and hence blackmailing occurs. Gentle people don`t care for money if trapped in Indian Society. Hence they face blackmailing.

This is the most sentimental issue of the woman and man with their family. Their should be different panel of counseller apart of legel system or consultants or advocate. These panel should proper handle the case to case but not forced anyone to take in custody without fool proof results.

Offcourse the panel must be controlled like people type of Kiran Bedi.
By Jyoti CHETANI, Freelancer, Equity Research/Analytics  | 06 07 2010 07:44:27 +0000
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