Conference on National Commission for Men | Shonee Kapoor

It was a privilege to speak at the 1st conference of the National Commission for Men, a conference dedicated to a seminar on the demand for the men’s commission in India in the August presence of Hon’ble Members of Parliament Sh. Harinarayan Rajbhar Ji and Sh. Anshul Verma Ji is an acclaimed Bollywood actress, writer, Ms. Pooja Bedi, and luminaries from legal, medical, and social backgrounds. Following is the reproduction of my speech, which I was to present there; only some portions were skipped due to a lack of time. It is an accepted norm that women have different problems than men and many times, they need distinct treatment at all levels, which would give them the support to overcome the various physiological, social, economic, cultural and gender-based differentiation issues. As an acknowledgement of the same, the constitution of India gave Article 15(3)- Nothing in this article shall prevent the state from making any special provision for women and children. This has resulted in the formation of various women-centric laws and the creation of unique bodies like the National Commission for Women. Also, there have been substantial budget allocations for all such commissions and bodies.

As we can see, though the budgetary allocation is increasing year after year, the utilization of these funds is decreasing yearly. The Finance Minister of India proudly launched a 1000 crore Nirbhaya fund; the sad state is that not even a single rupee was used in the first year.

Now, let us see where it leaves Article 14.

As per Article 14 of the Constitution of India, “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth”

So when we talk of equality, is it not a Human Rights violation when, on a mere complaint, the entire family of the husband is put behind bars? The courts have decried but did little. These gender-biased laws have been termed Legal Terrorism, and remedies are worse than the perils or disease.

This is what Delhi HC said in a 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) case “..There is a growing tendency amongst the women which is further perpetuated by their parents and relatives to rope in each and every relative-including minors and even school going kids nearer or distant relatives and in some cases against every person of the family of the husband whether living away or in other town or abroad and married, unmarried sisters, ‘sister-in-laws, unmarried brothers, married uncles and in some cases grand-parents or as many as 10 to 15 or even more relatives of the husband”

This is what Supreme Court said in a 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharariya Nyaya Sanhita, 2023) case” .. As noted the object is to strike at the roots of dowry menace. But by misuse of the provision a new legal terrorism can be unleashed. The provision is intended to be used a shield and not assassins’ weapon. If cry of “wolf” is made too often as a prank assistance and protection may not be available when the actual “wolf” appears.”

The principles of natural justice are turned upside down in Dowry Death cases. S.304B (Dowry Death: Proposed Section 79 of The Bharariya Nyaya Sanhita, 2023) states “Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or har­assment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death. ”

The entire edifice of law is broken when the accused is presumed guilty before trial.

Now I ask you a question: you can prove that you did a particular thing, but how can you prove that you didn’t do that particular thing?

People who get acquitted in 304B (Dowry Death: Proposed Section 79 of The Bharatiya Nyaya Sanhita, 2023) cases are living proof of the malice of Indian Gender Biased Laws. The lives of such people are broken beyond repair.

And if you think you have heard enough, let me take you through the new sexual crimes definitions. For a layman, rape is a heinous crime, and the common understanding would be that when there is forced sex. However, that’s not what the Indian law stipulates. The law on rape gives so many lacunas to a girl like she could have been coerced, intoxicated, threatened, tricked etc. Even oral sex without her CONSENT or WILL falls under the definition of rape.

Every passing day, I hear men in physical relationships with women falling into this honeytrap and paying through their noses to ensure that the girl doesn’t trap her into some false rape case or, worse, into MARRIAGE. Times have changed since India gained independence. Today, women are seen misusing their empowered and enhanced social, educational, economic, and cultural power and authority and even their legal rights bestowed to them as women for improper ends, harassing men. The evil force of such lopsided laws has breached the walls of Indian families and has now percolated within the society, where property matters, loan matters, personal enmity to car parking disagreements, and even gang wars are being “settled” through the “mis” use of these gender-biased laws.

Now, even if I take the other side of the argument that there is a meagre percentage of women who misuse the law, then also is that minor percentage of men against whom this law is misused be left without a legal remedy?

A study by the Thomson Reuters Foundation labelling India as the most unsafe country for women has led to a slugfest in the media. People are debating whether India is the most unsafe country for women. Are women in India more oppressed than war-torn Syria, Haiti, and Saudi Arabia? But are these countries worth comparing to?

But if you want to know the reality of India, India is probably the most unsafe country for MEN. Except for war-torn countries, where you are in danger of losing your life, India would top the list of laws misused against men by women.

Let me now take you through my views on changing the current situation. The Legislature makes laws in our country, i.e. Parliament and State Legislatures. Also, as per Article 141 of The Constitution of India, “Law declared by Supreme Court to be binding on all courts The law declared by the Supreme Court shall be binding on all courts within the territory of India”. This may make an ordinary citizen believe that Lawmaking is a process far beyond their reach. But nothing could be further from the truth. In fact, as part of our Constitution, the Preamble states that “WE, THE PEOPLE OF INDIA, having solemnly resolved … do at this moment ADOPT, ENACT AND GIVE OURSELVES THIS CONSTITUTION.” This means that the people, ordinary people like you and me, give Constitution to ourselves and thereby clothe it with all the powers to administer this Great Country. It is to such ordinary people that we address through this endeavour in the form of a conference. Consider Margaret Mead’s phrase: “Never doubt that a small group of thoughtful, committed citizens can change the world.

So, is the Mens Commission a solution to all the issues men face in India? The answer is NO. Let’s look at Mens Commission, a platform where distressed and aggrieved men can be provided with a sympathetic and empathetic understanding. Today, there is a need for a specialized body/commission with due sensitivity and empathy to look into the specific issues Men face.

A few of the things which this commission can look into are:

• Investigate and examine all matters relating to the safeguards provided for gender-neutral societies under the Constitution and other laws and present annual findings to the state and central governments.
• Review, from time to time, the existing provisions of the Constitution and other laws and recommend amendments to it to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations to make a gender-neutral society;
• Look into complaints and take suo moto notice of matters relating to—(i) deprivation of men’s rights; (ii) non-implementation of laws enacted to provide a gender-neutral society and to achieve the objective of equality and development;
• Call for special studies or investigations into specific problems or situations arising out of discrimination against men and identify the constraints to recommend strategies for their removal;
• Fund litigation involving issues affecting a large body of men;
• Make periodic reports to the government on any matter related to men.
• Create awareness of men-related diseases and issues related to specific problems.

 Also, through this commission we seek following basic amendments in law to start with

• 304C be added to IPC. On the lines of IPC 304B (Dowry Death: Proposed Section 79 of The Bharatiya Nyaya Sanhita, 2023), the same should punish a woman if the husband dies because of other natural reasons within seven years of marriage. Also, the same section shall punish any woman when a man commits suicide because of false allegations.
• Section 498A of the IPC (Husband or relative of husband of a woman subjecting her to cruelty): Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023, be bailable and compoundable.
• All marriages and expenses incurred by both parties should be registeredregistered with SDM. The court shall use these records when deciding all matrimonial litigations.
• Rape Laws should be gender neutral
• Bar of CrPC 195 shall be done away with, thus enabling a private party to sue for perjury, false complaint and malicious prosecution.
• Like Bangladesh, dowry law should have safeguards and false complainants should be punished.
• Similar safeguards shall be introduced in Rape and Molestation laws, where false complainants be punished.
• Pre-nuptial agreements should be introduced and legalised.
• Shared parenting should be the norm, except only in cases of child abuse.
• In case of incarceration due to false cases, the state shall compensate the man, which shall not be less than his One Year earnings.
• All matrimony and matrimonial offences cases shall be completed within ONE YEAR.

Many more things can be done using this platform, which we call Mens Commission today, but first, we have to have statutory backing to create it. Some friends I discussed the idea with needed to be more optimistic about making a Commission for Men. To them, all considerable efforts start with a small beginning. One Jasmine revolutionised the Middle East, throwing monarchy after monarchy. One man ushered the idea of Satyagraha in millions of people and helped fasten the exit of Englishmen from our country. We have made this beginning today, so let’s keep the heat on. Let us keep talking, persuading our chosen representatives to comply with our demands. We have seen two Members of Parliament here today; believe me, there are at least 100 fence sitters who, in private, agree to our demands but do not dare to stand with us today. Our frequent reminders and the success of this conference would persuade a few of them to have a relook.

Thank You!

You may contact me for consultation or advice by visiting Contact Us