114-522: Save Indian Family Foundation ( SIFF ) is a men's rights group in India . It is a registered, non-funded, non-profit, non-governmental organization (NGO) and works with various like-minded NGOs in India. Founded in 2005, SIFF is an advocacy group against what it calls misuse of Indian laws related to dowry harassment. It is an umbrella organisation of a number of men's and family rights organisations spanned across Indian cities and provinces. SIFF has supported
228-503: A "marriage strike". SIFF ran an independent candidate, Satish Babu SN, in the 2018 Karnataka Legislative Assembly election from B.T.M Layout constituency; he finished 7th, gathering 333 votes (0.24% of the total valid votes). Men%27s rights movement in India The men's rights movement in India is composed of various independent men's rights organisations in India . Proponents of
342-492: A bride they care nothing whether she has a dowry and a handsome fortune, but look only to her beauty and other advantages of the outward person. Arrian , The Invasion of India by Alexander the Great , 3rd Century BC Arrian's second book similarly notes, They (Indians) marry without either giving or taking dowries, but the women as soon as they are marriageable are brought forward by their fathers in public, to be selected by
456-473: A bride's suicide or killing committed by her husband and his family after the marriage because of their dissatisfaction with the dowry. It is typically the culmination of a series of prior domestic abuses by the husband's family. Most dowry deaths occur when the young woman, unable to bear the harassment and torture, commits suicide by hanging herself or consuming poison. Dowry deaths also include bride burning where brides are doused in kerosene and set ablaze by
570-646: A form of extortion and violence against the wife. To further strengthen the anti-dowry law and to stop offences of cruelty by the husband or his relatives against the wife, new provisions were added to the Indian criminal law – section 498A to Indian Penal Code and section 198A to the Criminal Procedure Code in 1983. In 2005, the Protection of Women from Domestic Violence Act was passed, which added an additional layer of protection from dowry harassment. Although
684-512: A fourth of the remaining wealth to her upkeep until she is ready to marry, and then give the rest to her to take with her into her married life. One notable historical incident involving dowry is the transfer of Bombay (now Mumbai) to the British Crown. This event was part of the marriage treaty between Charles II of England and Catherine of Braganza , daughter of King John IV of Portugal . The marriage treaty, signed on June 23, 1661, included
798-584: A law intern. Amit Gupta, General Secretary of National Coalition for Men, said that even if the legal system of India and the UN Charter on Human Rights states that an accused is to be treated as innocent until proven guilty, Ganguly was being held as guilty and subjected to a media trial . On 16 February 2014, the members of Hridaya organised another protest against the Marriage Laws Amendment Bill (India) that would introduce no fault divorce in
912-579: A man should be considered a rapist for breaking up with his girlfriend, and whether the party would introduce men studies courses in universities similar to other gender studies courses. On 16 April 2014, men's right groups asked supporters to vote for Samajwadi Party or use "None of the above" (NOTA). Amit Lakhani, an activist of Save Family Foundation based in New Delhi, expressed support for Samajwadi Party by saying that only that political party had included men's issues in their manifesto. In December 2015,
1026-399: A phenomenon of Indo-Canadian men taking advantage of the dowry system. These men would travel to India ostensibly seeking a new bride, but then abandon the woman and return to Canada without her as soon as they had secured possession of her dowry. Cruelty in the form of torture or harassment of a woman with the objective of forcing her to meet a demand for property or valuable security
1140-404: A spokesperson of SIFF, has said that men with low incomes are rarely targeted and most victims of misuse are well-off. He has claimed that these laws assume that women are always truthful, and don't place much importance on evidence. An Indian court has termed misuse of these laws, legal terrorism . Almost a quarter of people arrested under Section 498a are women, mostly mothers and sisters of
1254-446: A subordinate status in their family. Women's education, income, and health are some significant factors that play into the dowry system, and for how much control a woman has over her marriage . Dowry in India is not limited to any specific religion. It is widespread among Hindus and people of other religions. For example, Indian Muslims call dowry as jahez which has two categories: The first comprises some essential articles for
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#17328551167041368-543: A survey of SIFF members had indicated a lack of support for the Congress party and the Communist Party of India . The four questions that were posed are whether the party would introduce a bill to protect men against domestic violence, whether biological fathers should be given partial custody in a shared parenting arrangement in divorces, whether consensual sex with the false promise of marriage should be considered rape and if
1482-497: A verdict said that a woman earning sufficient income is not entitled to maintenance from her divorced husband. The verdict came after a man challenged a family court's decision to grant ₹ 7,500 monthly alimony to his wife. The man had pointed out that his wife was earning ₹ 80,000 for month and had no other responsibilities. In September 2010, the Delhi High Court released a verdict that a man cannot be forced to pay alimony if he
1596-424: A woman helpless and desperate, which can cumulate in emotional trauma and abuse. Dowry related abuse causes emotional trauma , depression and suicide. The offence of abetment to suicide is significant because in many cases, the accused persons often bring up a defense that the victim committed suicide at her own volition, even though this may not be true in reality. Dowry deaths and dowry murder relate to
1710-567: Is a form of dowry crime. The cruelty could be in the form of verbal attacks or may be accompanied by beating or harassment in order to force the woman or her family to yield to dowry demands. In many instances, the cruelty may even force the woman to commit suicide and it has been specifically criminalized by the anti-dowry laws in India . Domestic violence includes a broad spectrum of abusive and threatening behavior which includes physical, emotional, economic and sexual violence as well as intimidation, isolation and coercion. There are laws like
1824-626: Is called the Saving Men from Intimate Terror Act (SMITA) and the groups aim to introduce it for debate in the parliament. The Protection of Women from Domestic Violence Act, 2005 identifies domestic violence as abuse or threat of abuse, whether physical, sexual, verbal, emotional or economic. It provides protection to wives and female live-in partners from domestic violence carried out by husbands, male live-in partners or their relatives. Swarup Sarkar of Save Indian Family has argued that Domestic Violence Act should be made gender neutral. He has also termed
1938-419: Is forced to be an ATM for his family and if he fails to protect his wife or provide for her, he is immediately accused of mistreating her." One of the placards visible during the event read "Until men learn to express their pain, every story will always portray women as victims." The participation with men dressed as ATM, the first of its kind, received coverage by the media worldwide. Vaastav's participation in
2052-442: Is more often in the form of land, or other inheritance goods. This system is tied to the social structure of marriage , which keeps marriage inside or close to family relations. Dowry also varies by economic strata in India. Upper-class families are more likely to engage in the dowry system than the lower class. This could be in part due to women's economic exclusion from the labor market in upper classes. When dowry evolved in
2166-459: Is not fair for men. It will put the institution of marriage in jeopardy. On 21 December 2013, members of National Coalition for Men held a demonstration outside the offices of West Bengal Human Rights Commission (WBHRC) in Kolkata , stating that former Supreme Court judge Asok Kumar Ganguly , and then chairman of WBHRC, was innocent until proven guilty. Ganguly had been accused of sexual harassment by
2280-536: Is unemployed. The man had challenged a lower court's order that he should pay ₹ 5,000 as alimony. The man pointed out that he was an expatiate working as a sales manager in Angola and had come to India to marry. He got married in May 2007 but the marriage lasted only three weeks. Due to his wife's complaint, the police seized his passport and he was unable to return to job, which resulted in his termination. The court stated that wife
2394-421: The 2014 general elections . According to him, no political party was paying heed to their demands of gender neutral laws and a Ministry of Men's Welfare. In early April 2014, Save Indian Family Foundation (SIFF) sent out four queries regarding men's issues to various political leaders. Anil Kumar of SIFF said that they would decide which party to vote for in the 2014 election based on the responses. He added that
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#17328551167042508-606: The Advertising Standards Council of India , for portraying a wife slapping her husband on her wedding day because of a creaking bed, alleging that the ad promoted domestic violence against men by portraying it as humorous. In the same month, Chennai-based organisation Indiya Kudumba Pathukappu Iyaakam , complained against a Pond's ad which labelled men as wife-beaters and an ICICI Prudential Insurance commercial which allegedly portrayed verbal and economical abuse against men. The NGO 'Child's Right and Family Welfare'
2622-470: The Hindu Marriage Act by wearing saris . Amartya Talukdar voiced concern and said that if the government really intends to empower women, then the law should be made applicable to all communities by bringing uniform civil code instead of being applicable only to Hindus . In March 2014, men's rights activists also criticised the second season of Aamir Khan's TV show, Satyamev Jayate . SIFF said that
2736-574: The Hindu Succession Act (India grants its Muslim population the Sharia derived personal status laws). Despite the new inheritance law, dowry has continued as a process whereby parental property is distributed to a daughter at her marriage by a social process, rather than after parents death by a slow court supervised process under Hindu Succession Act (1956). Dowry gave, at least in theory, women economic and financial security in their marriage in
2850-481: The Ministry of Health and Family Welfare to allow a better picture of the situation to emerge. Swarup Sarkar, founder of SIFF, has said that there is no legal provision for married men facing verbal or mental abuse. Indian Social Awareness and Activism Forum (INSAAF), and Confidare Research have drafted a bill which aims to protect men and boys from domestic violence from their spouses, girlfriends and parents. The draft
2964-489: The Mumbai -based Vaastav Foundation released a calendar called a "Malendar" marking male-oriented days such as Father's Day and International Men's Day . Amit Deshpande, the founder of Vaastav Foundation said that they were trying to raise awareness towards these days through positive images of men. During the 2016 Mumbai Marathon , about 150 men from Vaastav Foundation participated dressed as ATMs . Deshpande commented, "A man
3078-456: The Protection of Women from Domestic Violence Act, 2005 that help to reduce domestic violence and to protect women's rights . Continuing abuse by the husband and his family with threats of harm could lead to a woman committing suicide . In such situations, the dowry crime even extends to abetment of suicide, which includes all acts and attempts to intentionally advise, encourage, or assist in committing suicide. The impact of dowry can leave
3192-499: The Puranas . Kane claims ancient literature suggests bridewealth was paid only in the asura -type of marriage that was considered reprehensible and forbidden by Manu and other ancient Indian scribes. Lochtefeld suggests that religious duties listed by Manu and others, such as 'the bride be richly adorned to celebrate marriage' were ceremonial dress and jewelry along with gifts that were her property, not property demanded by or meant for
3306-525: The Supreme Court of India granted a woman divorce on the grounds of mental cruelty. She had claimed that her husband was harassing her and accusing her of affairs. Although four or five out of ten divorce cases in India allege mental agony, Ram Prakash Chugh said that if a man brought similar charges to a court, he will be unlikely to get a favourable ruling. In September 2008, the Delhi High Court in
3420-465: The Vedic period , it was essentially followed by the upper castes to benefit the bride, who was unable to inherit property under Hindu law . To counter this, the bride's family provided the groom with dowry which would be registered in the bride's name. This dowry was seen as stridhan ( Sanskrit : woman's property). Also, an important distinction is the fact that while the upper castes practised dowry,
3534-516: The bride price system. In addition to marriage customs that may influence dowry, social customs or rituals , and parents' expectations of dowry are important factors to consider. A 1995 study showed that while attitudes of people are changing about dowry, dowry prevails. In a 1980 study conducted by Rao, 75% of students responded that dowry was not important to marriage, but 40% of their parents likely expected dowry. While India has been making progress for women's rights , women continue to be in
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3648-632: The (proposed) wife may give it back to him of her own will (if she does not want to marry). ~ Al-Biruni , Chapter on Matrimony in India , about 1035 AD Al-Biruni further claims that a daughter, in 11th century India, had legal right to inherit from her father, but only a fourth part of her brother. The daughter took this inheritance amount with her when she married, claimed Al-Biruni, and she had no rights to income from her parents after her marriage or to any additional inheritance after her father's death. If her father died before her marriage, her guardian would first pay off her father's debt, then allocate
3762-608: The 1990s in Kolkata, Mumbai, and Lucknow, with the cities respectively being home to the groups Pirito Purush (The Persecuted Man), Purush Hakka Samrakshan Samiti (Committee for the Protection of Men's Rights), and Patni Atyachar Virodhi Morcha (Protesting Torture by Wives). These groups demanded rights for men, in particular husbands, and shared the view that they needed to undo some of the reforms achieved by feminists. The three groups were formed in response to alleged abuse of Section 498A of
3876-637: The 2017 Mumbai Marathon was grander with participation in larger numbers and with a big prop of a snake which they referred to it as the 'snake of misandry that gobbles up innocent men.' The larger-than-life snake had details about misused gender-discriminative criminal laws (namely anti-dowry laws, molestation, rape, section 377 of IPC and maintenance & alimony laws) on one side and the text of most concerning social & criminal issues faced by boys & men (viz. child-labor , boy's education, male suicides, domestic violence on men, male rape and patriarchal burdens of being default protectors & providers) on
3990-543: The Aamir Khan quoted the domestic violence data from the National Family Health Survey, which surveyed only women from 15 to 49 age. They said the show gave the perception that men do not suffer from domestic violence. In May 2014, Save Indian Family Foundation (SIFF) launched a mobile app called SIF One to reach out to men in distress. In the same month, an all India telephone helpline was launched. During
4104-582: The Evidence Act, 1872, if a child is born within a marriage or within 280 days of dissolution of a marriage, then the child is considered legitimate and is entitled to child support and inheritance. At present, DNA paternity tests do not take precedence over this law. The courts may still choose to ignore the genetic evidence and ask a non-biological parent to pay for child support. An organisation named Children's Rights Initiative for Shared Parenting (CRISP) has demanded better child access laws and has called
4218-574: The Government really wants to bring about empowerment of women, let them make it open for all sections of the society. Let them bring a uniform civil code . Why is it only for the Hindus?" The Bill was passed by the Rajya Sabha in 2013. On 18 December 2014, Law Minister D. V. Sadananda Gowda in answer to a question told the parliament that the government has received complaints from men's rights group that
4332-613: The Indian Evidence Act, 1879 says that if a married woman committed suicide within seven years of marriage, it must be assumed by the court that her husband and his family abetted the suicide, especially if there was evidence of prior dowry demands. Until July 2014, the Section 498a of the Indian Penal Code allowed the police to arrest the persons mentioned in the complaint without a warrant or without any investigation. The crime
4446-451: The Indian Penal Code , (1983) and the Protection of Women Against Domestic Violence Act 2005 ), stating that these laws have been misused, and manipulated by Indian women. They assert that men are abused physically and are subject to legal, mental and social harassment by their wives because of these laws, and that lawyers and women use them to extort money and family property and to deny child custody to fathers. SIF members have sought to have
4560-413: The Indian Penal Code which deals with cruelty to a wife states that: Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. For the purposes of this section, "cruelty" means: (a) any wilful conduct which is of such a nature as is likely to drive
4674-493: The Indian Penal Code. Subsequently, a helpline for battered men was started. "Save Indian Family" was founded on 9 March 2005 by the unification of a number of family's rights organisations across India. On 19 November 2007, the Save Indian Family Foundation celebrated International Men's Day for the first time in India. In September 2008, SIFF filed a complaint against a Kitply plywood commercial to
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4788-464: The Indian Penal Code. In 2009, the head of the Ministry of Women and Child Development , Renuka Chowdhury , agreed to meet men's rights activists to listen to their concerns about biased legislation. On 25 June 2009, the activists were invited to discuss possible changes to these laws. However, the ministry changed the agenda of the meeting on 24 June, and ministry officials announced they were "unwilling to accept any flaws in current laws." This angered
4902-534: The Law Minister and the parliamentary committee were ignored. Derek O'Brien , member of the All India Trinamool Congress political party, argued that this law empowers women at the expense of men. He proposed that this law should be made gender neutral by using the word "spouse" instead of "wife" or "husband." Arvind Kumar Singh of Samajwadi Party said that the law has potential for misuse like
5016-551: The Vedic period. Witzel also notes that women in ancient India had property inheritance rights either by appointment or when they had no brothers. The findings of MacDonell and Keith are similar to Witzel, and differ from Tambiah; they cite ancient Indian literature suggesting bridewealth was paid even in brahma and daeva marriages. Dowry was not infrequent when the girl suffered from some bodily defect. Property rights for women increased in ancient India, suggest MacDonell and Keith, over
5130-618: The accused husband. In 2012, 47,951 women were arrested under this law. According to Ram Prakash Chugh, a large majority of the women in Tihar jail are there due to dowry charges. He has claimed that sometimes mothers of the bride bring dowry charges on their in-laws when the bride fails to adjust to her in-laws. Organisations like All India Mother-in-Law Protection Forum (AIMPF) and Mothers And Sisters of Husbands Against Abuse of Law (MASHAAL) have been formed to represent such women. Some non-resident Indians (NRI) groups have also demanded amendments to
5244-402: The accused languishing in custody, and equal rights in child custody. The National Coalition for Men met with political parties across India to urge them to include men's rights in their manifestos. Amit Gupta said that they may start their own political party if their demands are ignored. On 28 March 2014, Amit Gupta urged voters across the country to exercise the " None of the above " (NOTA) in
5358-510: The activists and resulted in a large number of complaints to the Indian government . A week later, government officials indicated they would indeed review the current laws. In September 2012, Ministry of Women and Child Development Krishna Tirath proposed a bill that would make it mandatory for husbands to pay a salary to their wives. This move was criticised by men's rights groups and they sought Prime Minister Manmohan Singh 's intervention in
5472-482: The anti-dowry cannot be easily misused. She said that if the husband and his family are innocent then they should go to the police before the wife and file a complaint. On 2 July 2014, the Supreme Court said that this law is being used by some women to harass their husband and in-laws. Through Arnesh Kumar Guidelines the court prohibited the police from making arrests on the mere basis of a complaint. The court asked
5586-515: The anti-dowry law, many more women have suffered from dowry demands. She has said that there has been no change in the way society sees women and they are still treated as second-class citizens. Indira Jaising has also rejected the view that anti-dowry law and domestic violence laws are being misused. She has also claimed that the high acquittal under dowry cases occurs because prosecutions are conducted improperly and people are encouraged to settle out of court. Indrani Sinha of Sanlaap has said that
5700-426: The anti-dowry law. Anindya Chatterjee, a California-based IT worker who runs an online support group, was accused under the law. He has said that sometimes while visiting India, men are accused under the law and get arrested by police without verifying if the case is genuine and their passports are seized. The cases often take a year to clear up, as a result the men lose their jobs abroad due to frequent travels to attend
5814-414: The anti-dowry laws and added that it treats men as being responsible for divorces. Vandana Chavan of Nationalist Congress Party has pointed out that the bill was unfair as nowadays, many women earn equal to or more than their husbands. Additionally, Amartya Talukdar raised concern that the bill amends marriage laws for Hindus only, who made up 79 percent of India's population in 2011. Talukdar stated, "If
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#17328551167045928-575: The anti-dowry laws are being frequently misused to harass and extort husbands. The high rate of suicide among married men in India is also attributed to harassment under these laws by the activists. The practice of giving dowry was first criminalised in 1961 under the Dowry Prohibition Act, 1961 and later the Section 498A of the Indian Penal Code was introduced in 1983. The Section 498A of
6042-494: The basis of how many years the couple were married, and argued that the law doesn't allow a husband to refute his wife's claims. He also argued that it is based on a flawed assumption that the children are always best cared for by their mother, and that it violates Article 14 of the Indian Constitution , right to equality. Swarup Sarkar, founder and member of Save Family Foundation, said that the suggestions offered by them to
6156-542: The bill a regressive move, and stated that it jeopardizes the financial and social security of a man. He has pointed out that as most men marry after becoming financially secure, the possibility of losing their wealth and property would discourage men from marriage and feed the gynophobia in the society. Kumar V. Jaghirdar, founder and president of the Bangalore-based Children's Rights Initiative for Shared Parenting (CRISP), said that alimony should be decided on
6270-408: The bride and the groom; rather it is what is extracted from the bride or her parents. A newly married woman can be a target for dowry related violence because she is tied economically and socially to her new husband. In some cases, dowry is used as a threat or hostage type situation, in order to extract more property from the bride's family. This can be seen in new brides, who are most vulnerable in
6384-407: The bride's family after marriage as a form of premortem inheritance for the bride. In the south, marriage is more often conducted within the bride's family, for example with close relatives or cross-cousins , and in a closer physical distance to her family. In addition, brides may have the ability to inherit land, which makes her more valuable in the marriage, decreasing the chance of dowry over
6498-413: The cases that go to trial, only 15% result in conviction. In July 2014, 3,72,706 cases under Section 498a were pending in Indian courts. According to SIFF, these laws don't follow conventional legal premises where a person is innocent until proven guilty. It has also pointed out that several of those who are arrested under this law are women themselves, i.e., female relatives of husbands. Swarup Sarkar ,
6612-482: The child reaches the age of maturity. Both the parents were also given visitations rights on Saturday and Sunday, when the child would be with the other parent. The child was also allowed to call or video chat with the other parent when in custody of one. The court also ordered both parents to bear the child's education and other expenses equally. In 2010, a proposed amendment to the Hindu Marriage Act would allow courts to decide compensation to wife and children from
6726-519: The court or being unable to leave India. Canada and United States have issued travel advisories warning of India's anti-dowry law misuses in the past. Jyotsna Chatterjee, member of the Joint Women's Programme which was involved in drafting the Domestic Violence Act 2005, has responded to these criticism of the anti-dowry law, by stating that compared to the men who have faced the misuse of
6840-523: The court recommended it. The fine for filing a false case would be increased from ₹ 1,000 to ₹ 15,000. Amit Gupta, of National Coalition for Men, has opposed making the law compoundable. He has said that it would make extortion easier. He has pointed out that after Andhra Pradesh made it compoundable, the number of case rose by 150% and conviction rate fell by 400%. Maneka Gandhi , the Minister for Women & Child Development, has also opposed any changes to
6954-454: The current custodial laws gender-biased. It has demanded amendments to the Guardians and Wards Act be amended to make shared parenting mandatory. Swarup Sarkar of Save Family Foundation has speculated that now two out of three Indian couples actively share parenting. Kumar Jahagirdar, president of CRISP, has noted a growth in men who are the primary caregivers in the family. In April 2003,
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#17328551167047068-400: The demands from the groom. The demand for dowry from groom's family and relatives has increased over time. The structure and kinship of marriage in parts of India contributes to dowry. In the north, marriage usually follows a patrilocal (lives with husband's family) system, where the bride is a non-related member of the family. This system encourages dowry perhaps due to the exclusion of
7182-630: The dowry system leads to crimes against women, ranging from emotional abuse and injury to even deaths. The payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibition Act 1961 approved by the Parliament of India and subsequently by Sections 304B and 498A of the Indian Penal Code . The Dowry Prohibition Act 1961 defines dowry: "Dowry means any property or valuable security given or agreed to be given either directly or indirectly - (a) by one party in marriage to
7296-531: The existing dowry laws. Ranjana Kumari of the Centre for Social Research has also expressed disagreement over demands to amend the anti-dowry law, pointing out that dowry deaths are still occurring in India. The men's rights activists in India claim that the divorce and child custody laws are biased against men. They say that this allows divorced wives to stop men from seeing their children for long periods of time. They have said that alimony should not be granted if
7410-473: The findings to the government for amendments to the law by the 2015 budget session of the Parliament. Flavia Agnes , an attorney and women's rights activist, opposed the shared parenthood law consultation paper floated by the Law Commission of India by claiming that it was being lobbied by men's rights organisations and that it would erode women and children's rights. According to men's rights activists,
7524-404: The form of a payment of cash or gifts from the bride's family to the bridegroom's family upon marriage. There are variations on dowry prevalence based on geography and class . States in the north are more likely to participate in the dowry system among all classes, and dowry is more likely to be in the form of material and movable goods. In the south, the bride price system is more prevalent, and
7638-400: The form of movable goods. This helped prevent family wealth break-up and provided security to the bride at the same time. This system can also be used as a premortem inheritance, as once a woman is presented with movable gifts, she may be cut off from the family estate . For many, dowry has become a greater financial burden on the bride's family, and can leave families destitute based on
7752-588: The founding of other like-minded organisations, such as the "All India Mother in Laws Protection Forum" and "All India Men's Welfare Association". In 2010, the group claimed on its website to have "30,000 members on the ground and over 3,500 on the internet who are fighting this legal terrorism with vigour and passion like commandos". SIFF created an app and a helpline for men, which got over 25,000 phone calls in four months. The group campaigned against domestic violence legislation (such as Section 498a of
7866-512: The groom and his family to be automatically arrested if a wife complains of dowry harassment . The law was widely abused, and in 2014, the Supreme Court ruled that arrests cannot be made without a magistrate's approval. The history of dowry in South Asia is not clear. Some scholars believe dowry was practised in antiquity, but some do not. Michael Witzel claims the ancient Indian literature suggests dowry practices were not significant during
7980-411: The groom's family in consideration for the marriage. Since marriages in India are a time for big celebrations in each family, they tend to be very lavish. Accordingly, Indian weddings usually involve considerable expenditure and accompanying wedding presents from relatives in both sides of the family. This is normal expenditure which is done willingly and varies from one family to another depending on
8094-408: The groom; Lochtefeld further notes that bridal adornment is not currently considered as dowry in most people's mind. One of these are the eyewitness records from Alexander the Great 's conquest ( ca . 300 BC) as recorded by Arrian and Megasthenes. Arrian's first book mentions a lack of dowry, They (these ancient Indian people) make their marriages in accordance with this principle, for in selecting
8208-504: The group's claims of widespread misuse of anti-dowry laws, stating that only a small minority abuse the law, and the approximately 7000 deaths of women every year who die due to dowry demands. SIFF has also advocated for the creation of a Men's Commission in India. SIFF also protested against the 2010 Amendment to the Marriage Act . SIFF also spoke out against a 2022 court petition which could criminalize marital rape , and sponsored
8322-699: The husband or his family. Sometimes, due to their abetment to commit suicide, the bride may end up setting herself on fire. Dowry is considered a major contributor towards observed violence against women in India. Some of these offences include physical violence, emotional abuses, and even murder of brides and young girls prior to marriage.[23][25][37] The predominant types of dowry crimes relate to cruelty (which includes torture and harassment), domestic violence (including physical, emotional and sexual assault), abetment to suicide and dowry death (including, issues of bride burning and murder).. Bride burnings are often disguised as accidents or suicide attempts. Bride burnings are
8436-536: The husband's inherited and inheritable property. The bill has provisions for "irretrievable breakdown" of marriage where both parties must have lived apart for three years before filing for divorce. The bill would also allow the wife to oppose the dissolution of a marriage if it would leave her in financial hardship. The SIFF protested against the 2010 amendment. According to Rajesh Vakharia, president of SIFF, this bill would encourage divorce and be costly to husbands, as they would have to part with their assets. He called
8550-568: The incidence of domestic violence against men in recent years has increased. The activists say that many cases go unreported as men feel too ashamed to report abuse, or fear false accusations against them in reprisal. Two groups, the Save Indian Family Foundation (SIFF) and the Indian Social Awareness and Activism Forum (INSAAF), have demanded inclusion of men's issues in the National Family Health Survey (NFHS) conducted by
8664-503: The law as legal terrorism . Section 498A The dowry system in India refers to the durable goods, cash, and real or movable property that the bride's family gives to the groom, his parents and his relatives as a condition of the marriage . Dowry is called "दहेज" in Hindi and as جہیز in Urdu . The dowry system can put great financial burden on the bride's family. In some cases,
8778-462: The law enforcement should be held responsible. Recently. the Supreme Court of India has agreed to hear a Public Interest Litigation to set up a National Commission for Men in the light of rising suicide by married men in India whose years are lost in fighting false cases. In 2014, the National Commission for Women proposed some changes to the law which included widening the definition of
8892-507: The law will reduce the marriage rate in the country. As of February 2015 , the Bill has not been passed in the Lok Sabha . In November 2014, the Law Commission of India started a study and released a consultation paper on its website seeking views from the public on proposed guidelines for joint custody and shared parenting. The commission expects to complete the study by January 2015 and present
9006-488: The laws made gender neutral and be amended to include protection of men against abuse by women. The media comments that the organization is insensitive to high rates of domestic physical abuse committed against women in India In addition, they note the organization's use of 'strong language', including describing as "terrorist activity" the support given by women groups for the domestic violence legislation, and describing
9120-415: The lower castes practised bride price to compensate her family for the loss of income. In the modern era, the concept of dowry has evolved and Indian families no longer practise bride price. This is because with the passage of time, bride price gradually disappeared and dowry became the prevalent form of transfer. In the modern era, the practice of dowry requires the bride's family to transfer goods to
9234-431: The magistrate must examine whether further detention was necessary. There is also no provision of withdrawing a complaint in case of a reconciliation. However, an amendment to rectify this has been proposed. Of all arrests made the Indian Penal Code , 6% are made under the Section 498a. Of all crimes reported under the Indian Penal Code, 4.5% are filed under Section 498a, which is the highest barring theft and hurt. Of
9348-505: The matter. In late 2012, Satyamev Jayate , an Indian TV show hosted by actor Aamir Khan , was criticized by men's rights activists. According to Anil Kumar, co-founder of SIFF, Khan had portrayed men negatively on the show and had projected only one side of the domestic violence issue. In December 2012, about 15,000 men pledged to boycott Khan's film Talaash . Phanisai Bhardwaj, a Lok Satta Party candidate in Karnataka assembly polls,
9462-444: The most common forms of dowry deaths for a wide range of reasons like kerosene being inexpensive, there being insufficient evidence after the murder and low chances of survival rate. Apart from bride burning, there are some instances of poisoning , strangulation , acid attacks , etc., as a means of which brides are murdered by the groom's family. India, with its large population, reports the highest number of dowry related deaths in
9576-704: The movement support the introduction of gender-neutral legislation and repeal of laws that are biased against men. Indian men's rights activists are organised around legal issues such as anti-dowry laws , divorce , and child custody , which they believe are biased against men. They also assert that the frequency of domestic violence against men has increased over time with many cases going unreported as men are shamed into not reporting abuse or fear false accusations against them in reprisal. Some men's rights activists also consider India's rape reporting laws and sexual harassment laws in India to be biased against men. The first men's rights organisations in India sprouted in
9690-434: The nature of marriage." The court was adjudicating a case where a man, who was already married, was being sue by another woman. In June 2012, Delhi High Court said that a woman who is educated and capable of maintaining herself, but has quit her job voluntarily is not entitle to alimony. The verdict was given in case where a woman challenged a lower court's decision to not grant her any alimony. The High Court pointed out that
9804-486: The other party in marriage; or (b) by the parents of either party to a marriage or by any other person to either party to marriage or to any other persons; at or before or after the marriage as consideration for the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law applies." A court judgement clarifies the legal definition of dowry as "Dowry" in
9918-406: The other side. Now a new organization "Avijan Welfare And Charitable Trust" is working on men's rights in Kolkata. A magazine "Purush Kotha" is released on men's rights and problems faced by men. While displaying banners with the text "Patriarchy Enslaves Men" and shouting slogans that meant "Would you marry? Would you go to prison?" the activists equated marriage with entrapment. Their participation
10032-409: The outfit of the bride as well as for conjugal life. The other is made up of valuable goods, clothes, jewelry, an amount of money for the groom's family, which is settled on after bargaining. The jahez is separate from cash payment as Mahr or dower that Sharia religious law requires be gifted to the bride. Dowry had been a prevalent practice in India's modern era and in this context, it can be in
10146-495: The police to follow Section 41 of the Code of Criminal Procedure, 1973 , which provides a 9-point checklist which must be used to decide the need for an arrest. The court also said that a magistrate must decide whether an arrested accused is needed to be kept under further detention. The decision was in response to a Special Leave Petition (SPL) filed by one Arnesh Kumar challenging his arrest and of his family under this law. The decision
10260-528: The pre-election campaign period for the 2014 Indian general election , on 11 January 2014, National Coalition for Men in Kolkata present their demand of the formation of a men's ministry and a men's rights panel to all political parties in India. They also released their own manifesto called "Men-ifesto" which dealt with the issues of men and the need of provisions from the government to address those issues. The other demands raised were gender neutral laws, rehabilitation of men who were acquitted, speedy trials of
10374-403: The present form after taking into account the comments of the high level committee on the status of women and the ministry of home affairs." Ranjana Kumari of Centre for Social Research welcomed this decision to not dilute the law. In March 2015, it was reported that Government of India was planning to amend Section 498A. It would be made compoundable, which would allow the parties to settle if
10488-468: The sense of the expression contemplated by Dowry Prohibition Act is a demand for property of valuable security having an inextricable nexus with the marriage, i.e., it is a consideration from the side of the bride's parents or relatives to the groom or his parents and/or guardian for the agreement to wed the bride-to-be. Article 3 of the Dowry Prohibition Act, 1961 specifies that the penalty for giving or taking dowry does not apply to presents that are given at
10602-548: The seven islands of Bombay as part of Catherine's dowry to Charles II. The official transfer of Bombay to the British occurred in 1665. The British East India Company took full control in 1668 after leasing it from the Crown for a nominal rent of £10 per year. Various reasons have been suggested as cause of dowry practice in India. These include economic factors and social factors. There are many economic factors that contribute towards
10716-821: The situation. Dowry crimes can occur with the threat or occurrence of violence, so that the bride's family is left with no choice but to give more dowry to protect their daughter. The northern and eastern states of India show higher rates of dowry-related violence. Dowry is considered a major contributor towards observed violence against women in India . Some of these offences include physical violence, emotional abuses, and even murder of brides and young girls prior to marriage. The predominant types of dowry crimes relate to cruelty (which includes torture and harassment), domestic violence (including physical, emotional and sexual assault ), abetment to suicide and dowry death (including, issues of bride burning and murder ). A 2005 Canadian documentary film, Runaway Grooms , exposed
10830-629: The system of dowry. Some of these include inheritance systems and the bride's economic status. Some suggestions point to economics and weak legal institutions on inheritance place women in disadvantage, with inheritances being left only to sons. This leaves women dependent upon their husbands and in-laws, who keep the dowry when she marries. Prior to 1956, including during the British Raj , daughters had no rights of inheritance to their family's wealth. In 1956, India gave equal legal status to daughters and sons among Hindu , Sikh and Jain families, under
10944-458: The term dowry and increasing the penalty for false cases. But, the suggestions were rejected by the Ministry of Women and Child Development . The Minister for Women, Maneka Gandhi , told the Lok Sabha in December, "The NCW had recommended certain amendments in Dowry Prohibition Act. However, the ministry has taken a considered view on the matter and decided to drop the amendment proposed by NCW in
11058-421: The time of a marriage to the bride or groom when no demand for them has been made. Although Indian laws against dowries have been in effect for decades, they have been largely criticised as being ineffective. The practice of dowry deaths and murders continues to take place unchecked in many parts of India, which has further added to the concerns of enforcement. Section 498A of the Indian Penal Code required
11172-509: The victor in wrestling or boxing or running or someone who excels in any other manly exercise. ~ Arrian, Indika in Megasthenes and Arrian, 3rd Century BC The two sources suggest dowry was absent, or infrequent enough to be noticed by Arrian. About 1200 years after Arrian's visit, another scholar visited India, Abū Rayḥān al-Bīrūnī , also known as Al-Biruni, or Alberonius in Latin. Al-Biruni
11286-431: The wealth, status, etc. Many times, as part of this mutual 'give-and-take', an attempt is made by the groom's family to dictate the quantum of each gift along with specific demands for dowry. In such circumstances, there is an element of exerting coercion on the bride's family and this is what has come to be recognized as the menace of dowry in today's times. Dowry does not refer to the voluntary presents which are made to
11400-484: The wife is the primary earner of the family and the law should see men capable of bringing up children. In India, child custody is granted to the father only if the mother is mentally unstable or has left home leaving behind the child. At present, the matter custody in case of divorce is governed by two laws: Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956. But, both laws do not have any provisions for shared parenting or joint custody . Under
11514-421: The woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. The Section 113b of
11628-534: The woman was capable of earning ₹ 50,000 per month but was choosing to remain unemployed, and denied any alimony to her. However, the court ordered the husband to pay ₹ 10,000 towards child support. On 12 September 2013, the Karnataka High Court granted equal custody of a 12-year-old boy to both parents. The court ordered that the boy to remain with his mother from 1 July to 31 December of every year and to remain with his father from 1 January to 30 June, until
11742-411: The women politicians who spearhead the legislation as “modern Surpanakhas ”. SIFF asserts that dowry harassment of women and their families is a figment of the feminist imagination, and that the woman is the abuser in almost all cases of family abuse. They campaign for decrimininalisation of anti-dowry offences, with the threat of imprisonment removed. In contrast, police and women's groups have denied
11856-399: The world according to Indian National Crime Record Bureau . In 2012, 8,233 dowry death cases were reported across India, while in 2013, 8,083 dowry deaths were reported. This means a dowry-related crime causes the death of a woman every 90 minutes, or 1.4 deaths per year per 100,000 women in India . The first all-India legislative enactment relating to dowry to be put on the statute book
11970-476: Was ₹ 41,000. The court reduced the alimony sum to ₹ 20,000 per month and stated that a man's parents and sibling also have a stake in his assets. In October 2010, Supreme Court of India passed a judgment according to which long-term live-in relationships will be considered as marriage. The female spouse then can claim alimony under the Domestic Violence Act 2005 which uses the phrase "relationship in
12084-399: Was The Dowry Prohibition Act, 1961 and this legislation came into force from 1 July 1961. It marked the beginning of a new legal framework of dowry harassment laws effectively prohibiting the demanding, giving and taking of dowry. Although providing dowry is illegal, it is still common in many parts of India for a husband to seek a dowry from the wife's family and in some cases, this results in
12198-457: Was a Muslim Persian scholar who lived in India for 16 years from 1017 CE. He translated many Indian texts into Arabic , as well as wrote a memoir on Indian culture and life he observed. Al-Biruni claimed, The implements of the wedding rejoicings are brought forward. No gift (dower or dowry) is settled between them. The man gives only a present to the wife, as he thinks fit, and a marriage gift in advance, which he has no right to claim back, but
12312-545: Was equally qualified to her husband, and was working in a multi-national company , thus she cannot claim alimony. In September 2010, the Delhi High Court said that a man's assets should be examined while deciding the alimony sum. The court was deciding a case where man initially asked to pay ₹ 15,000 in total as alimony per month by a lower. After an appeal from his wife, he was asked to pay ₹ 45,000 by another court which took into consideration his net assets. The man had challenged this decision by pointing out his monthly salary
12426-436: Was formed in 2009 to demand fairer laws for men, including better child custody and access laws. In April 2010, when Pakistani cricketer Shoaib Malik was accused of adultery by a woman from Hyderabad , Ayesha Siddiqui, just prior to his marriage to tennis player Sania Mirza , SIFF released a statement in support of Malik demanding that his passport be returned. It added its concerns over such misuses of Section 498A of
12540-515: Was found out to be a member of Centre for Men's Rights, against the Section 498a of IPC and reservations in jobs or education, after he made a post on Facebook in April 2013. He faced a protest campaign against him on the blogosphere , which called the Lok Satta Party 'anti-women' and 'casteist.' Jayprakash Narayan , founder of Lok Satta Party, called Bhardwaj's position on women "unacceptable, and he
12654-424: Was non-bailable, so chances of getting a bail are low and husbands usually lost their jobs while in custody. On 2 July 2014, the Supreme Court of India in an order stopped automatic arrests under the Section 498a. The Court directed the police to use the Section 41 of the Code of Criminal Procedure, 1973 , which contains a checklist, to decide whether an arrest is necessary. The Court also stated that in all arrests
12768-414: Was subsequently asked to withdraw his nomination. In August that same year, Hridaya, a Kolkata-based NGO raised concerns about the proposed Marriage Laws (Amendment Bill), 2010 which has been approved by the cabinet and cleared by Group of Ministers (GoM) headed by defence minister A. K. Antony . According to Amartya Talukdar, the bill, which introduces the concept of no-fault divorce and marital property
12882-443: Was welcomed by men's right activists but was criticised by women rights activists. However, due to lack of communication to police stations, the guidelines of Supreme Court of India are still not being followed. Ranjana Kumari of the Centre for Social Research has criticised the Supreme Court's judgement which said that anti-dowry laws are being misused and stopped arrests based on FIRs. She said that if laws are being misused then
12996-401: Was widely covered by regional & national print & electronic media. In 2016, a documentary film called 'Martyrs of Marriage' was released by Mumbai-based filmmaker and activist Deepika Narayan Bharadwaj . The film, which features real-life stories of men suffering from abuse due to anti-dowry laws, including those that have committed suicide,. The men's rights activists claims that
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