Memorandum to Family Court on Children's day !

Ref: BF_Memo_Lko

Date: November 13, 2010

To,

The Hon’ble Principal Judge

Lucknow Family Court,

Lucknow (UP)

Subject: Memorandum submitted on November 13, 2010 to practice Shared Parenting and expedite child custody issues in courts, for the cause and welfare of children caught in matrimonial disputes.

Dear Sir,

“Bhavya Foundation”, a non-funded, non-profit registered charitable trust under the aegis of Save Indian Family Movement, dedicated to welfare of children, shared parenting, Women & Men’s Rights, Family Harmony and Gender Equality is submitting this memorandum on a eve before children day November 14, 2010 for the cause and welfare of millions of children like “Bhavya”, who are caught in matrimonial disputes as these children are deprived of love and affection of one parent (mostly fathers).

While most NGOs/Trusts pertaining to children deal with issues related to child labor, health, education etc whereas “Bhavya Foundation” deals with issues related to unquestionable right of children to be cared for by both biological parents.

“Bhavya Foundation” aims and objectives are based on research findings worldwide which indicate that children do best when both parents are actively involved in their lives, even after separation or divorce. “Bhavya Foundation” believes that conflict between parents will be reduced and the mental and emotional health of children will be improved when divorcing parents can be assured of equal and meaningful contact with their children.

Hundreds of Fathers, their family members and several like minded people will be coming forward to donate their blood to make a point that “Baccho ke liye raqt daan hei- maha daan”. We believe that the Children day is the best day to submit this memorandum to your kind authority as a true tribute to first prime minister of India who only once said that “One Father is better than 100 teachers”. The objective of this memorandum is to highlight the issues of children millions of like “Bhavya”, who are caught in matrimonial disputes as they are suffering most as they are deprived of love and affection of one parent mostly fathers.

Neither these children are “Fatherless” nor their fathers are “Childless” and if they are not united it is because of misuse of skewed gender biased laws and delayed child custody matters and biased judicial process who considers fathers as a sperm donors and ATM machine.

Judicial and Law making machinery in our country is biased against fathers and does not recognize the need of children that a child needs love and affection of both parents in all circumstances.

Similar things started happening in and around 1960 in United States of America, where the number of American children without fathers in their lives has quadrupled, from 6 million to more than 24 million. Children without fathers in their lives are five times more likely to live in poverty and commit crime, nine times more likely to drop out of school, and 20 times more likely to end up in prison.

American statistics reports revels some more shocking facts about the children from fatherless homes are:

· 5 times more likely to commit suicide

· 32 times more likely to run away from home.

· 20 times more likely to have behavioral disorders

· 14 times more likely to commit rape.

· 9 times more likely to drop out of high school.

· 10 times more likely to abuse chemical substances (become drug addicts)

· 9 times more likely to end up in a state-operated institution

· 20 times more likely to end up in prison.

· 3 million teenage girls have sexually transmitted diseases

· At least 1 out of 4 teenagers (between 14years to 19years) suffers from sexually transmitted diseases.

Bhavya Foundation demands and appeals to intellectual judicial officers to save our country from becoming another America on such issues and save childhood of millions of children of like “Bhavya”, who are caught in matrimonial dispute.

"Studies have proved now that children who go through their parents' divorce have

· more conduct problems,

· symptoms of psychological maladjustment,

· lower academic achievement,

· Social difficulties and problematic relationships with both parents.

To make matters worse, many parents often influence their children to choose one parent over the other and this adds to their trauma.

On Children Day the demands of Bhavya Foundation are as follows:

1. Child custody issues to be disposed off within 6 months of the date of application, or at least visitation be granted to the non – custodian parent (fathers generally) in two hearings or three months whichever is earlier from the date of application and the granted visitation be of such nature so that it can build a sustainable parent – child relationship between the child (ren) and the non – custodian parent.

2. Judicial process must decide First Child Custody issues before allowing any other relief to any party. The Child shall not suffer in any case because he/she is a child.

3. Give due consideration to the presence of a father in a child’s upbringing not only as a name but also as the natural guardian and also give fathers a fair chance to win custody cases without any prejudice, Fathers are for life, not just for sperms and ATM machine operations.

4. Judicial process must enhance the role of child psychologists and panel of experts to clarify issues such as custody, finance, education and children's upbringing before proceeding with the divorce/separation.

5. Child interviews should be conducted for complex cases only after the child has been allowed to spend nearly equal and quality time with both the parents and such interviews be limited to adolescents only and then too the interview be viewed as a guiding evidence only and not a primary one.

6. Children below the age of seven years should not be exposed to choice making between the parents as the process itself is cruelty to child (ren).

7. The “Parental Alienation” shall be considered as a serious crime and parents indulging in parental alienation shall not be given primary custody in any case as it brings in a lot mental distress to the child and the alienated parent. That "Parental alienation” occurs when one parent disallows the other parent from communicating with their children. The dominant parent then brainwashes the child against the other parent, assuring the child that it is all right to ignore the other parent.

8. Orientation programs for judges of family courts to be conducted by psychologists to sensitize them to child related issues,

9. The courts should have a liberal view on men accused of allegations under section 498a of the Indian Penal Code (45 of 1860) while deciding their child custody cases. An allegedly bad husband need not be a bad father and as the father is the natural guardian of the child, the misfortune of the incompatibility between his / her parents should be prevented from tricking as an impediment into the child’s welfare. Moreover the misuse of 498a by women being a known fact coupled with its low conviction rate, the mere presence of the allegations under section 498a of the Indian Penal Code (45 of 1860) should not act as a deterrent towards passing custody (interim or full) / visitation orders in favor of the fathers if the situation so warrants.

When Indian economy was opened for multinationals no body would have thought the divorce rate of the country will go up exponentially high with size of their pocket. As a result such children of divorcing/divorced parents are suffering most if caught in matrimonial disputes of parents.

Bhavya Foundation appeals to all interested parties to practice and propose joint custody in judicial processes for the best interest and welfare of child as we believe that when two parents are involved:

1. That joint custody is the best outcome for children.

2. That a child needs the support of both biological parents. BOTH biological parents should be responsible for the emotional and psychological well-being of their children, as well as financially responsible.

3. That love and affection of grandparent and extended family plays significant role in overall development of children.

4. That shared parenting fosters shared responsibilities; when parents have equal access to their children parents.

5. That party should resist from using gender biased laws to wreak vengeance on the non-custodial parent.

In light of the above facts and figures, the concept of Shared Parenting needs to be given paramount importance in Child custody matters and wherever possible the judges should emphasize on Shared Parenting or Joint Custody after working out the practical and logistical constraints.

We hope the above recommendations get urgent attention as it is in the best interest of child welfare. We also hope the above recommendations will be taken in the right and positive spirit and truth based justice shall prevail upon the children and their fundamental right to have meaningful and positive access to both the biological parents must be maintained.

Thanks and Regards

For members Bhavya Foundation

Sincerely,

President

Bhavya Foundation

Copy to Chief Justice of

1. Lucknow Bench of Allahabad High Court. Lucknow.

2. Allahabad High Court, Allahabad.

3. Supreme Court of India.

Blood donation on 14th Nov.: Bhavya Foundation

Invitation to participate in our 2nd blood donation camp @ blood bank, KGMC, Lucknow on November 14, 2010 (Children Day) for the cause and welfare of children.

Dear Friends,

We are happy to inform that this year also on the occasion of children day (14th November 2010); Bhavya Foundation is organizing its 2nd blood donation camp @ Blood Bank, KGMC, Lucknow for the cause and welfare of children caught in matrimonial disputes.

“Bhavya Foundation” is registered, non-funded, non-profit charitable trust and it is dedicated for the cause and welfare of children, shared parenting, Women & Men’s Rights, Family Harmony and Gender Equality. We are among the very few organizations working for children caught in matrimonial disputes as we be believe that a child must have equal access to both the parents and only solution for this is shared parenting, which is seldom practiced in our country.

Like you, we do believe that the Children day is the best day to donate blood for the needy children so that more and more children can be saved for life due to some catastrophic diseases.

Like last year this year too we would like to invite you for your blessings and benign presence for the cause and welfare of children.

Kindly accept our invitation and bless us by your presence during the camp.

We remain thankful to your presence and blessings extended to us during our 1st blood donation camp at Blood Bank, KGMC last year on November 14, 2009 (Children Day); where around 40 units of blood was donated.

I am sure our efforts to save many children through such efforts will be appreciated.

Donate Blood and Save a child!

Thanking you in Anticipation.

With Best Regards,

Kamal Vikram & Vikas Parihar
(Founder Trusties of Bhavya Foundation)
www.bhavyafoundation.org
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Event posters are availabler @ http://www.bhavyafoundation.org/events.html and http://www.facebook.com/#!/album.php?aid=25553&id=100001092654112

Requesting other bloggers to blog this event.
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Do you know; how my 7th birthday was celebrated?

I think Papa should have told this earlier that on my 7th birthday that is on August 10, 2010, he walked into the office of Principal, Kendriya Vidyalaya, Rae-Bareli (UP) with a request that Bhavya Foundation, wants to sponsor education of a child for life.

Principal interviewed Papa, understood the cause and appreciate the novel way of celebrating my birthday. Papa could not see me on that day as the judge was on leave and mamma thought not to bring me to the court. Mamma has not understood the emotions of a fatherless child; that I want to celebrate my birthday every year with both parents. It was 2005, when last I celebrated my birthday with both parents. I was only two years old then.

A meeting of some senior teachers and office staff was called. They were happy to meet and listen to papa and his cause.

Based on Bhavya Foundation’s criterions the name of two students was proposed. Both were male child. The first child was of my age, a student of 2nd standard (I also study in 2nd standard); this child has lost his father at a very early age. My father was told that the father of this child was a class IV employee in the same school and the fee of this child is being contributed by teachers association there.

The second child was a student of class-10th, this student has also lost his father in his early childhood. His father was also a class-IV employee of the same school.
Papa interacted with both the children and after meeting them, papa announced that Bhavya Foundation will be taking responsibility to sponsor education of 2nd standard student for life. This child is of my age.

I am not giving name of students as except school administration no one knows about this sponsorship. Both these students and their family do not know that from where their fees are coming.

The fee of both children was paid for year 2010-11. Both children were encouraged to perform better and excel in studies.

The school visit was organized for papa. Papa went to his school’s library, his class rooms, laboratories, playground and papa also addressed the gathering of class-12th students.

After celebrating my birthday like this when my papa reached home, my dadi (grandmother) said “Lagta hai mere bacche bade ho gaye hain”.

Papa, thank you so much for celebrating my birthday in style.

*NATIONAL LITIGANT BENCH*

*NATIONAL LITIGANT BENCH*

470, 19th Main, 36th Cross, 4th T Block, Jayanagar, Bangalore – 560041

Date: 11.09.2010
*

PRESS RELEASE
**

National Litigant Bench (NLB),
*is a novel initiative promoted by concerned and knowledgeable youth to
represent the cause of hapless litigants who approach Judiciary to mitigate
their problems as last resort, but are drawn into the system unwittingly.

NLB was launched as a non profit NGO on 15th Aug 2010 at Yercaud on the
sidelines of National Meet of Mens Rights. NLB organized a meet of its
Executive committee on 10th and 11th September 2010 at Chennai to chart out
plans. Activists from across the country deliberated on the core issues
concerning about more than 5 crore litigants who loiter around the corridors
of Courts wasting precious time and energy, some at the peak of their
productive age.
*

NLB’s mission is to:
*

Create Awareness and Awakening of the General Litigant on the problems faced
at Court room

Transparent Judicial Appointments on merit and moral values

Redefine the input source to Judiciary like Indian Judicial System (IJS)
similar to IAS,IPS etc.

Bring about Litigant friendly procedures and process resulting in self
service

Address Imperialist attitude of intimidation by the Bar & Bench on all
Litigants especially economical weaker section.

The objective of this conference is to identify the Judicial reforms from a
Litigant’s perspective to create awareness about Litigant’s choices and
options and expose the challenges/pitfalls in the system. Deliberation of
this Conference is on National Judicial Commission to include:

Appointment of Judges through Indian Judicial Services

Litigant grievances/ compliant on Judges ( from the current impeachment)

Redefine the procedure code

Reforms in the legal education

Research on interpretation of law

Deployment of Technology to enable ‘Information on Demand’ to stakeholders.

The following Resolution were passed and demands are sought from the
Government on behalf of litigants

1. NLB to constitute five regional bench’s in North, South, East, West
& Central and create a 1 Crore vote bank.

2. Resolved to demand the government establish National judicial
Commission similar to that of Election Commission for regulating Judicial
dispensation, Judicial appointment and removal, Infrastructure, Procedure,
legal education, functioning of Bar Councils in the country

a. NJC to formulate code of conduct, ethics and professional standards
for Judges and Advocates and legal profession

b. NJC to take up the task of redefine litigant friendly forms and
procedure for Criminal ; Civil & Tax Code

c. NJC to ensure Judges Accountability – Litigant Grievance Redressal
etc.

3. Resolved to request the Govt to stablish Indian Judicial
Services(IJS) inline with IAS,IFS, IPS etc to improve the quality of
judicial dispensation.

4. Resolved to demand the Government to fix the entry age at 26 and
retirement exit at 55 years for judges and to the judges to practice post
retirement so as to attract youth who are connected with the society.

5. Resolved to request the Government to make an allocation of minimum
of 2% (presently 0.07% appox) for Judiciary by both central and state
budget and to and create adequate Infrastructure to improve work
condition of Judiciary.

6. Resolved to impress upon the Judiciary to Implement Grama Nayalaya
Act a brainchild of "NAC – National Advisory Council". Gram Nyayalaya Act
2010, which envisages appointment of 25,000 Judges additionally

7. Resolved to urge upon Judiciary to redefine litigant friendly forms
and procedure for Criminal & Civil & Tax Coded

8. Resolved to demand the government to stop Tribunalization of
Judiciary. This has resulted in cases benefitting government are
conducted in fast track (like collect taxes) while common man is
discriminated.

9. Resolved to seek the government not to appointment of retired
Judges to Commission of Enquiry, Statutory Commissions and other tribunals.

10. Request the government and Judiciary to adopt technology to ensure
transparency and information –on-demand.

11. Amend Bar Council of India Act to improve the professional ethics and
conduct & lawyer appearing at police station.

12. Amend laws to make to encourage ‘Party-in-person’ to represent/plead
their cases.

13. Implement Perjury penalty in its true sense & Contempt of Court
provisions to stop misuse of law.

14. Implement of ‘Limitation Act’ in true letter and sprits.

15. Implement ‘Basic Law’ as a subject in School Education.

16. Conduct sensitization program for Judges towards litigants needs and
make them to be receptive and sensitive to the needs of litigants.

17. Stop Judiciary’s control over Alternate Dispute Resolution Forums.

18. Stop Misuse of provisions by Judiciary in matters relating to

a. Maintainability

b. Adjournments

c. Check bounce case;

d. Dalit atrocities cases;

e. Insurance Claims Fraud (MCOP);

f. IPC 506 (ii);

g. Matrimonial disputes

h. Bail proceedings (Being converted into Recovery proceedings. )

We request the media to give adequate publicity and to create awareness to
the general public on the current status of the Judiciary.

Representative from following Chapter including Delhi, Punjab & Chandigarh,
Andhra Pradesh, Karnataka, Tamil Nadu, Kerala, Singapore and Europe were
presented for the Conference.

Copy of this Resolution is sent to concerned law minister of state and Union
Law Minister.

Best Regards

(*Manoj David*)

Co- Architect

Phone: Manoj David ( 098403-24551) ; Ajay Pandey ( 09620439797 )

PRO Contact: Gokul ( 09633409355

A 498a IPC on Teacher's Day !

India has been celebrating Teacher's Day on 5th September, since 1962. The day commemorates the birthday of Dr Sarvepalli Radhakhrishnan, a philosopher and a teacher par excellence, and his contribution towards Indian education system. Dr Radhakhrishnan believed that "teachers should be the best minds in the country".

On this day, we gratefully remember the great educationist, who else could be better educationist than 498a IPC for a fatherless child. 498a has made me fatherless and my father as childless when we both exist, who else can be better teacher than 498a in this era of "Legal Terrorism" in India.

I hate 498a more than it knows,
I should cut it-in peices,
Giving more pleasure than you'd know,
And thats the first thing I want to do.

Happy Teachers day !

Fraud in making of Sexual Harrasement @ workplace Law !

I understand that all citizen of this country would be thinking that how our law makers can have one sided, anti-male, anti-good female and anti children laws in the country.

Here is the answer in a well documented form that the National Commission for Women(NCW) and the Women and Child Development Ministry (WCD Ministry) are violating the same while drafting the Sexual Harassment at Workplace Bill.

Are these bodies above the Constitution of India?

They may not be above constitution but our goverment is also not only passing such laws but also doing all frauds in the name of law making process.

Click on the link below to see how and why are they manipulating/violating law making process just in order to create another anti-male law in the gender industry.

(http://groups.google.com/group/arnab221/web/facist_lawmaking.pdf)

You are correct if you are thinking that "This country is going to DOGS"........

Shame on law makers.

Misuse of Dowry law resulted in death of female child !

I have already said that we children are not concern for NCW, WCD and government as we do not have voting rights.

In the news below a a girl child died in indian jail as her mother was put there in infamous dowry law of india.

Is misuse of dowry law in india good for women and child ?

The good citizen of this country must raise voice against such injustice and violation of human rights.

Read more below;

(http://timesofindia.indiatimes.com/city/kanpur/Delay-in-treatment-costs-Mati-jail-inmate-her-baby/articleshow/6047768.cms )
*Delay in treatment costs Mati jail inmate her baby - Jailed due to 498A*

KANPUR: Lack of necessary and immediate medical facilities at the Mati district jail of Kanpur Dehat cost a woman jail inmate her 18-month-old baby girl.

Suman, a woman inmate and a resident of Kishti Rasoolbad, was lodged at the Mati district jail on February 1, 2010 under dowry act. She was staying in the women's barrack of the jail along with her one-and-half- year-old daughter Disha. On June 6, the child developed fever. In the absence of proper medical facilities at the jail, the child was shifted to district hospital in Kanpur Dehat on June 9, 2010 where her condition deteriorated further. She was later referred to Lala Lajpat Rai hospital but died during treatment in the wee hours of Monday.

The child's maternal grandmother Tara, also at present languishing in the same jail on similar charges, claimed that no immediate arrangement had been made by jail authorities for the child's treatment. As a result, the baby girl died.

"The child was thrice admitted to the district hospital in Kanpur Dehat and every time the hospital authorities did not attend to the child properly and send her back to the district jail," alleged Disha's maternal grandmother Tara.

When her condition worsened again on June 13 that the doctors at the district hospital in Kanpur Dehat finally referred her to Lala Lajpat Rai hospital where she breathed her last on Monday at 4.10 am, the woman claimed.

However, according to doctors of paediatric department of LLR, the death occurred due to high temperature and diarrhoea. The child's kin have demanded necessary compensation for the bereaved mother.

"The girl was suffering from fever and dysentery. On Monday, her condition worsened and she died during treatment," informed jail superintendent SK Suri. He also admitted that Disha had to be rushed to hospital thrice in the past.

The police were awaiting the postmortem report to know the actual cause of death as her family alleged that she had died due to poor medical treatment at the district jail.

Supreme Court's directives:
Supreme Court of India has issued directions to the central and state governments to provide children of women prisoners in jail and their mothers, facilities and opportunity to lead normal healthy life.

Article 15 of the Constitution prohibits discrimination on grounds of religion, race, caste, sex or place of birth. However, it allows special provisions to women and children.

Article 45 stipulates that the state shall provide early childhood care and education to all children until the age of six. Article 47 lays down the raising of level of nutrition and standard of living of people and improvement of public health as a primary duty of the state.

Fact at Mati district jail:
As per the officials, no separate or specialised medical facilities for children are available in Mati district jail. A total number of 34 women inmates, along with their children, are living in difficult conditions and suffering deprivation relating to food, healthcare, accommodation, education and recreation.

NATIONAL FATHERS DAY RALLY

Bhavya Foundation supports CRISP (Regd. NGO)

We the members of CRISP have organized a “NATIONAL FATHERS DAY RALLY” on 19th June 2010, to stop the creation of a fatherless society which coincides with fathers day which is celebrated throughout the world to recognize and to honor the fathers for everything they are doing for the children& express gratitude for their love, care and protection to their children.

Details of the function:
Time : 10:00 AM to 1.30 PM
Venue : Mahatma Gandhi Statue, MG Road, Bangalore.

CRISP is an NGO formed in 2008 at Bangalore by people who recognized the serious effects of Parental Alienation of children due to single parenting in divorce/separation. Now we have chapters throughout the country. CRISP speaks up for the Rights of Children to remain connected with and enjoy the love of both the natural parents being divorced or separated. Our aims and objectives are based on research findings. Our members come from all walks of life, like software engineers, doctors, teachers, businessmen, social workers, etc. which includes women and senior citizens. All family roles like grandparents, fathers, mothers, etc., are being represented. CRISP has charted a Pro-Family agenda to promote family harmony in our society.
Parental Alienation: Psychological Effects on the Child

Parental alienation occurs when one parent estranges the children from the other parent for personal vendetta. Children are brainwashed (used as pawns in divorce/ separation) by the dominant parent against the non-custodial parent (usually fathers). This brings a lot of mental distress & trauma to the child and the alienated parent and is particularly damaging to the child’s psychology and is Child Abuse. Extensive psychological studies over decades collectively called “The Spectrum of Parental Alienation Syndrome1” describe the detrimental effects on the child. In western countries, mainly U.S and Europe, organizations (including medical, judicial & NGOs) have gone into the depths of this and are trying hard to preserve families and save children. Unfortunately, our own country which once prided possessing “family values” now needs to learn basic lessons from the west. Its a well known fact that neglected children and children from broken families are more prone to take to crime. In India, NOT even a single such study/ research has been done. There is a serious need to commit to research and save children from this situation, which is completely being ignored. As a society, we are largely ignorant of the effects.

Indian legal system and society at large is still based on a patriarchal mindset which considers fathers incapable of nurturing children which is incorrect. Men are as capable as women to be caregivers and bring up children in a normal way. Even if the woman (mother) assumes that the man is not a good husband, it is out of place to say he is not also a good father for the children until there is strong evidence against the father. Thus, women (mothers) need to understand that her animosity for the husband & his family should be kept separate from the child’s need for his/her father and must share the children with their estranged husband in the best interest of their children. After all, the father if far better than strangers, servants, day-care and nannies!

Judicial & Governmental Apathy: Anti-Child, Anti-Father & Anti-Family

Divorce/ Separation is between spouses. Not child and parent. This is common sense. There is no law requiring a normal father to keep away from his child, in divorce/ separation proceedings. On the other hand, U.N’s Child Rights Convention (to which India also acceded about 20 years ago and then did nothing about) requires the state (of which the Judicial systems are a part) to ensure that
the child does not suffer separation! However, the way justice is administered, the child is separated from the father (mostly) for years! One has to “apply” for “visitation” that takes years to “grant” and even then for a paltry time. Innocent children suffer because parents are separating & fight for their egos! Our judicial mechanism has a deplorable understanding of child welfare based on biased and outdated social concepts. The father is a relegated to a mere “visitor”, eliminating involvement in the child’s life and just a “maintenance” paying ATM machine. It virtually condemns the child to an illegitimate. This is neither in the child’s nor the family’s interest and destroys the foundation for the future generation.

It’s a fact that even convicted criminals have better access to their children 2.That is the extent of judicial apathy towards children and good fathers in family courts!
Our Family Laws and Courts are not only functioning insensitively in an anti-child, anti-father and anti-family manner, but are also flouting U.N’s Child Rights Convention (CRC) and even the Constitution of India3. Child’s rights cannot be subordinated to anything!

The Indian judiciary would do well to educate itself, provide training to judges and inculcate good international practices in the family law systems. The judiciary must become more accountable, transparent, improve the quality of justice and urgently implement extensive judicial reforms in right earnest, if it wishes to be a credible and potent justice system.

Why is a Family institution needed in the first place? Family is the most fundamental building block of society. It builds healthy human beings and healthy society. When family system breaks, its leads to serious social consequences4 and surge in crime rates. A main contributor to teenage pregnancies is broken families. It’s well known that children from broken homes are more prone to crime.

In US, it has been found after extensive scientific research that children from broken families without a father are:

14 times more likely to commit rape
5 times more likely to commit suicide
20 times more likely to end up in prison
10 times more likely to take drugs
32 times more likely to run away from home
20 times more likely to have behavioral disorders
9 times more likely to drop out of school
9 times more likely to end up in a state operated institution

From here it’s a short step to even more serious anti-national crimes like terrorism. Social upheaval/ instability are heavily exploited by anti-nationals and terrorists.

For a country like India, the breaking of the family system will be catastrophic to social well being and economic growth. Even today, the government spends crores on internal security. People are spending years in courts instead of engaging productively.

CRISP’s Achievements

Extensively campaigned to implement SHARED PARENTING. Currently engaging with the government on this. In-fact, National Commission for Protection Of Child Rights (NCPCR), Government of India appreciated CRISP for educating the society and legal fraternity on the significance of Shared Parenting.



1.CRISP has created a national forum and made representations to the Chief Justice of India,
WCD Ministry and Law Commission to make Shared Parenting mandatory.

2.Over 2500 members strong and growing. Now CRISP has 7 chapters across the nation.

3.Mothers who have been deprived of child custody are also members of CRISP.

4.Some reputed women’s organizations are supporting CRISP’s efforts.

5.Engaging with leading medical professionals to provide quality counseling. This is to prevent
suicides of deprived and abused fathers like Syed Makhdoom who committed suicide and whose
child is now fatherless.

6.CRISP has conducted several workshops, seminars and press meets pertaining to children issues
and sensitized the society and successfully spread the message of shared parenting.

7.Many deprived parents have benefited from CRISP counseling and have successfully got orders
for weekends and 50% vacation custody of their children.

8.CRISP provides quality information through its website www.crisp-india.org. Thousands of victims
have made use of this information which is the first of its kind in the country.


CRISP’s Demands:

• Basic right of children to access both biological parents
• Implementation of UN’s Child Rights Convention and Hague’s Convention on Parental Child Abduction.
• Implement SHARED PARENTING / JOINT CUSTODY as a rule in separation and divorce cases.
• Setting up Special Guardian Courts in every major city
• Speedy and quality justice (within 3 months)
• Rational and Gender neutral Family Laws (including DV Act)
• Create a separate Child Welfare Ministry at the National Level and separate from WCD Ministry
• Laws against International Parental Child Abduction and Child Alienation
• Enroll organizations like NIMHANS to carry out research on Child Psychology of separated children. Laws to be framed based on scientific studies.
• Compulsory counseling to parent-litigants on Shared Parenting for child’s welfare.
• Ban child interviews of tender age children, who have not had adequate access with the noncustodial parent.
• Appoint psychologists/ child psychologists as mediators and to encourage shared parenting.
• Ban lawyers as mediators! They are suited for arbitration not mediation!
• Ban lawyers form Family Courts (implement the Family Court Act which discourages engaging lawyers).Encourage party in person after giving adequate counseling.
• Grant visitation rights to grand parents who want to have access to the grandchildren.
• Harsh Punishment for Child Abusers including non-compliance of court orders concerning child visitation.
• Punish people who misuse dowry & domestic violence act as a weapon to cut off the children from the father.
• Make the domestic violence act gender neutral and also to protect the child from domestic violence from even the mother.

We appeal & invite our media friends to kindly grace the occasion since media has a very important role in educating the society on this highly sensitive subject of children who constitute 40% of the population and not vote banks & ensure our children are saved from being fatherless since the divorce rates in the cities are escalating and in Bangalore alone there are over 15000 cases pending.

Speakers for the press conference are:
Kumar V Jahgirdar President CRISP
Anil Kumar President Save Indian Family (NGO)
Roshni Mathan Teacher and Woman’s Rights Activist
Jayanth T.K Legal Counselor

CRISP’s is supported by the following NGOs and organizations:
SAVE INDIAN FAMILY
SUMANGALI SEVA ASHRAMA
FAMILY HARMONY SOCIETY
PURE (Mysore)
AIMPF, AIDPF

SOURCE:
1. The American Bar Association initiated a 12 year study by Dr. Richard Gardner and subsequently
carried forward by many others.
2. Francis Cora lie Mullin vs. The Administrator, Union Territory of Delhi, (1981) 2 SCR 516
(Justice P.N Bhagwati) which struck down Rule 559A of the Punjab Prison’s manual and allowed
a detune to see his/her child twice a week.
3. 1978 AIR 597 MANEKA GANDHI vs. Union of India: Article 21 of the Constitution enshrines
the right to life and liberty which includes right to a dignified life, free from social stigma, freedom
of movement. Article 39(e) & (f) protects a child from abuse!
4. U.S Department of Justice, National Criminal Justice Reference Service
http://www.ojp.usdoj.gov/bjs/pubalp2.htm#csus
http://www.ncjrs.gov/app/Search/Abstracts.aspx?id=206316

KUMAR V JAHGIRDAR
President CRISP
Childrens Rights Initiative For Shared Parenting (CRISP)
(Regd. NGO) www.crisp-india.org (email: kvjahgirdar@yahoo.com)
# 78, Osborne Road, (Near Lake Side Hospital), Bangalore - 42, India.
Helpline No: +91 80 25593848, Mobile No: +91 98452 64488.

More at Fathers Day Rally organised in Bangalore more @ http://www.mynews.in/News/Fathers_Day_Rally_organised_in_Bangalore_N61783.html and http://www.bhavyafoundation.org/press-releases.html

Fathers want fair deal-Business Line

Dear All,

Just read a news item on fathers on International Family Day (May 15th).

Follow the link;

http://www.thehindubusinessline.com/life/2010/05/14/stories/2010051450100400.htm

Pasting same news for the ease of readers.

Please feel free to comment.

Nivedita Choudhuri Bhavya is cherubic, with a mass of dark curls that tumble down his forehead and a friendly smile. But the twinkling eyes of the child in the photograph don't mean he hasn't a care in the world. His parents are involved in a matrimonial dispute and the six-year-old hasn't met his father since 2005.

International Day of Families, which is celebrated every year on May 15 to underscore the importance of families, may not mean anything to Bhavya and hundreds of other children like him. Deprived of the love of a parent, they have no option but to suffer silently. But Bhavya's desolate father Kamal Vikram, unable to take it any longer, set up a foundation in his son's name last year to help thousands of fathers facing bleak times like him.

Bhavya Foundation, in the words of its activist-founder, will seek to promote the concept of shared parenting in India and ensure that no child is denied access to a parent in case of divorce or matrimonial dispute between his/her father and mother. It also advocates the speedy disposal of child custody cases in courts so that the agony of the children involved is not prolonged.

The Foundation wants the legislature and judiciary to give all fathers a fair chance to win custody cases. Many dads allege that mothers are often granted custody without evaluating what is best for the child's welfare. Moreover, Vikram says, children below the age of seven should not have to choose between their parents as this would constitute mental cruelty towards the child. Another demand is that orientation programmes for judges of family courts should be conducted by psychologists to sensitise them to child-related issues.

Foundation members call for laws such as Section 498A IPC and the Domestic Violence Act of 2005 to be made gender neutral. Section 498A IPC relates to harassment of a married woman by her husband or his family members and it has been alleged in recent times that this law is being heavily misused. Many of the 1,000-odd members have been charged under this law and the Domestic Violence Act.

Arnab*, a member, found himself in deep trouble after he filed for divorce last year. His estranged wife, who had already charged him under Section 498A IPC, immediately stopped their minor daughter from meeting him. He appealed to a family court, which passed an order allowing him to meet his daughter once a fortnight for two-and-a-half hours. The visits take place on the premises of the family court, where the atmosphere is least congenial. Arnab can't take her out.

Arnab alleges that his wife invariably arrives late for the meetings and she has brainwashed the child to such an extent that the girl has started to believe her father will kidnap her or harm her. She has become aloof as a result and does not trust him. He regrets the fact that “courts are biased towards women and fathers are treated with utter disrespect”.

He adds that the meetings leave him “emotionally drained” and it takes him a couple of days to recover from the snubs and snide remarks of his wife and the rejection and alienation he feels after meeting his child. Arnab wants more time with his daughter and he wants the visits to take place outside the family court and away from the other parent.

Akash*, another member, lost custody of his five-year-old daughter to his wife last year. He has met his child only once in the last 10 months or so and that too for just two hours. He has filed an application to meet her on weekends and in school, but nothing has come out of it.

There have been many hearings and adjournments since then in the family court, but the case is nowhere near its end. He fears that nothing concrete will happen before the court closes for the summer vacation and he won't be able to see his daughter for the next six weeks. He signs off saying even fathers have a heart and love their children as much as their mothers do.

Custody battles on the rise

Another group that supports a greater role for fathers in the lives of their children and the promotion of family harmony is Child's Right and Family Welfare (CRFW). Sandeep Kedia, president of the NGO which was formed in January this year, says divorce cases are on the upward spiral, leading to a sharp increase in the number of child custody battles. Fathers are often denied custody and visitation rights and the children also undergo tremendous emotional trauma when their fathers are suddenly shut out of their lives. Members of the NGO meet every Saturday near the family court at Bandra, Mumbai, where they are given legal counselling. The NGO receives around 50 calls a week (helpline numbers are 9768046667, 9867854147) from harassed fathers locked in custody battles. A member rues the fact that the maximum time a father can hope to spend with his children is two hours every fortnight. That translates into 48 hours or so every year, which is highly insufficient for a father to bond with his children.

Kedia says while granting custody, courts should give the non-custodial parent weekend access to the child at home and a chance to spend festivals and birthdays together. Non-custodial parents should also be allowed to attend school events such as parent-teacher meetings and sports days as well as visits to doctors if their children are ill as both parents are equally responsible for the welfare of their wards. If these decisions are taken early enough in courts, precious time will be saved.

Both Vikram and Kedia reiterate that children need both parents and joint custody is a must. Sole custody signifies child abuse. Innocent children are being used as tools to get even with estranged partners. This is affecting the psyche of thousands of children and the adverse effects of all this will surface when they grow up, add Vikram and Kedia.

The legislature, judiciary and bureaucracy may have turned a blind eye to the plight of these children, but CRFW and Bhavya Foundation are determined to ensure that no child is denied the love of both parents. Mothers nurture, but fathers nurture too, and these dads will not be robbed of their nurturing rights so easily.

* - Names changed to protect identities.

Follow the link;

http://www.thehindubusinessline.com/life/2010/05/14/stories/2010051450100400.htm