If Law is a Common Sense specially w.r.t Domestic Violence Act?
It is said that Law is a Common Sense. Law is based on a logical analysis and reasoning. I a strong believer of logical conclusion do not believe. Many many laws have been enacted in such a way where the common sense, logical reasoning is nowhere visible. These legislation have been enacted in such a way that the corruption is increased manifold and it seems the only purpose of enacting the Act was to take care of the financial growth of the law enforcers.
A highly educated employed wife gives a complaint that she has been tortured. The whole machinery gets pressed into action. Why? Is it because the girl has been tortured? No. It is because, the law enforcers etc. realises a great source of income through the corrupt means. Now even the definition of the "corrupt means" also needs change with the changing scenario. A person who is occupying the position in the parliament and is alleged for a corruption is promoted and is said that we (his other colleagues who themselves are having allegations of corruption) have investigated charges against him/her within no time and is given a clean chit. What a signal to the citizens. A person who is in opposition and is alleged of corruption is termed as corrupt man even without investigation despite his offering himself for an investigation. What a common sense. Media also now start focusing on the opposition and all charges against the government are sidelines. Basically Media is also dependent on revenue from the government to survive. The educated high profile people uses language such as "Bandar", "Sher" etc. etc. What a democracy. I have never heard such words being used in the recent election for the Presidential Post in USA. The two candidates were debating on policy issues and not "Bandar, Sher." and still we feel proud of our democracy.
Referring to common tendency
Coming back to abuse of DV Act, the wives are implicating their husbands and husband's family. Even many Police Commissioners have laid down guidelines to be followed by the police station before FIRs are registered. But all these guidelines are sidelined and FIRs are registered within few minutes. However, such practices are adapted only in those case where there is a possibility of business revenue through corrupt means. The cases goes on. After few months, the wives realise that blunder has been committed. Now reverse gear movement starts and then starts pressurising complete law machinery to work back for resettlement in the name of mediation with their husbands who few months earlier were worst in this universe. If the husbands were really of torturing nature then no sensible and educated/ employed wife would like to go back to the house of torturing husband. The basic question then arises why law do not sense that the charges levelled in the complaint were false. The concept of the mediation has shifted from the resettlement to Auction of money value. The Public Authority are avoiding to furnish the data as to how much money has been paid by the husbands to wives. If Law is a common sense then the common sense proves that if the Wife now want to resettle with the husband that means there was no fault with the husband and his family and all the charges levelled in the complaint were false and therefore the case need to be dropped keeping in view the principle of Natural Justice. But "No", the cases are not dropped and then starts blackmailing. You accept this lady or face consequences. Is it not a bid of blackmailing under white corruption. If in a case, the judge realises that the family of the husband has been falsely implicated and FIR need to be quashed. The judge is on the verge of quashing FIR. Immediately the so called wife would say that "I want to go back to my husband as I was misguided". The husband realises that once the wife has blackmailed and has reached police station there is no question of taking back. Future would be much worst. Next moment may be that she would submit another application with more serious allegation against the husband's family. Common sense says and clearly make you feel that the wife is adapting unethical means of blackmailing the husband under the shelter of Judiciary. Ideally the cases need to be dropped at a point when the estranged wife expresses her intention of going back to the torturing family but still are not dropped for years. Can we still say it is a common sense?
In the summary
"A wife submit a complaint with serious allegations leading to the belief and concluding that her husband and other members of in-law family are the worst in this universe. She wants to come back to her husband house after few months without even an iota of any change in the circumstances or nature of husband and husband family. The husband does not agree for reconciliation at any cost and simultaneously, the case is getting dragged on. Even certain judgements which are ready for pronouncement but are kept on hold continuously for several hearing by the judiciary. So justice is on hold with AK-56 on his neck. What common sense would have the logical analysis and logical conclusion?"