At a time when the nation is agitated over the widespread atrocities against women, there are few who speak up for men’s cause. But Justice J B Koshy, State Human Rights Commission Chairman, has struck a chord with men by saying that a section of women is misusing laws that are supposed to protect women. “Misuse of welfare laws have resulted in the harassment of innocent men,’’ he said at a function in Kochi organised by Varapuzha Catholic Archdiocese.
When contacted, Justice Koshy told Express that he was specifically referring to the cases from his legal experience wherein provisions in the domestic violence Act were misused and abused.
“Some women who need protection of the Act are not able to use it but at the same time some women are abusing it,” he said.
However, K C Rosakutty, chairperson of the Kerala State Women’s Commission, differed with him on the the crux of his argument. “I have not heard the exact comments made by him. But from my experience, most of the victims are not able to use the basic provisions in the domestic violence Act. Even if a woman is given the right to residence under the provisions of the Act, in reality she may not be fortunate to enjoy it. In many such cases, husbands continue harassing women. The local SI of the police is supposed to help victims but the general patriarchal bias of the police prevents the enforcement of justice,” she said.
P K Sreemathi, CPM leader and former minister, said: “To understand the patriarchal bias of Justice Koshy, one has to study the trajectory of recent interventions by him. He did not condemn the recent brutal rape of a three-year-old girl but had enough time to give long speeches against the historic two-day general strike by workers. He is deliberately bringing the discourse of “misuse” to the current debate on gender violence. His position about Suryanelli case was also highly condemnable.”
Kaleeshwaram Raj, senior lawyer, said that a senior judge has to “appreciate the existence of multiple factors present in Indian society that influence legal practices before making statements on sensitive issues”.