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And this law does NOTHING to solve that. NOTHING. This will mostly be used as a harassment tool by urban women - rural women won't even know that something like this exists, and even if they do, most won't try to use it unless it is an extreme case.
On both counts (that of solving the intended problem, and of preventing its own abuse), this law fails.
Bull****. Rural women will - probably slowly, gathering steam over time - use this. And problems associated with abuse will be sorted out.
I love that you ASSUME that the main use for this will be those tricksey women falsely accusing men.
However, I am worried about the statute's apparent failure to define "cruelty." One would think that's too nebulous a term to be enforced criminally. My best guess is that the statute has a definition subpart, which has been omitted by the article writer.
"Abuse" includes "insult", and the definition of "insult" is left to the woman.
OT: Why is it that whenever I try to type insult, I always end up typing inslut?
I assume nothing, actually. That's what the official statistics say.
Erm, as I already noted, 2% conviction rate =! 98% "false accusation" rate. I rather think the 2% conviction rate is more due to social norms impeding justice.
One of the more glaring faults being that men do not receive the same protection, they aren't even covered.
I thought you were for equality of the genders in front of the law, Arrian.
You disappoint me.
Possibly a flaw, yes. It would seem to me, however, that men don't need such protection - or have much less need of it (if the latter, it's a flaw not to provide the protection). Men have dowrys?
Word of advice, articles titled something like "Feminazi Terrorism legalized in India" usually are misogynistic horse****.
"Beware of the man who works hard to learn something, learns it, and finds himself no wiser than before. He is full of murderous resentment of people who are ignorant without having come by their ignorance the hard way. "
-Bokonon
Erm, as I already noted, 2% conviction rate =! 98% "false accusation" rate. I rather think the 2% conviction rate is more due to social norms impeding justice.
I'd disagree. Judges are unbiased. The judicial system is one of the handful of working systems in India.
Originally posted by Arrian
Possibly a flaw, yes. It would seem to me, however, that men don't need such protection - or have much less need of it (if the latter, it's a flaw not to provide the protection). Men have dowrys?
-Arrian
Is that even relevant? Isn't it one of the great principles of liberalism that the law has to be neutral?
It's basically a group of legally terrorised people (many of the victims are women, as the daughter-in-law can file a case against any member of the husband's family) fighting against abuse of the law.
Originally posted by aneeshm
"Abuse" includes "insult", and the definition of "insult" is left to the woman.
You're missing my point. Both U.S and Indian law are derived from British law. To have a proper criminal statute, the law must clearly advise people what is wrong. "Cruelly" is just too vague to be enforceable.
I'd disagree. Judges are unbiased. The judicial system is one of the handful of working systems in India.
Even if the judges are unbiased (and I'm certainly willing to believe that, at least in urban jurisdictions), the point is that some evidence is going to be required at trial, and getting that could be awfully hard. It's the woman (who may be ostracized for simply making the allegation) vs. the husband and his family. I bet many times the woman's family doesn't even back her.
Anyway, 2% conviction =! 98% false accusation. However, again, I don't doubt there is some abuse, and that should be corrected. But a ranting "feminazis!" op-ed is not a good guide to find the solution.
2 November 2006
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UA-357-2006: INDIA: Alleged police inaction into dowry death of a woman
INDIA: Dowry death; police inaction; threats to the victim's family; impunity; failure of the rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) has received information from its local partner organization MASUM in West Bengal regarding a dowry death of a woman by her husband and in-laws, that took place in South 24 Parganas district, West Bengal state, India. It is alleged that the victim was set fire to on 4 August 2006 and succumbed to her burn injuries on August 8. Despite the victim's family's repeated complaints, the Baruipur police have not taken any serious action to arrest the prime culprit - the victim's husband. Dowry death is a serous problem in India and by law the police have a duty to make appropriate, effective and efficient investigations into the death of a woman caused by burns or bodily injury within seven years of her marriage and if a history of dowry harassment can be shown.
Dear friends, The Asian Human Rights Commission (AHRC) has received information from its local partner organization MASUM in West Bengal regarding a dowry death of a woman by her husband and in-laws, that took place in South 24 Parganas district, West Bengal state, India. It is alleged that the victim was set fire to on …
Well, the police aren't upholding the law, therefore the law isn't working, therefore we must repeal the law!
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