I need both parents

The Hindu : NATIONAL / TAMIL NADU : Child custody cases are the most difficult to handle, says HC Judge

2011-12-23T03:51:00.000-08:00

The Hindu : NATIONAL / TAMIL NADU : Child custody cases are the most difficult to handle, says HC Judge

Torn between Mom and Dad

2011-05-30T09:46:00.000-07:00

When a marriage sours, it is the children who are affected the most. Torn apart, feeling guilty, children of broken homes cope with the trauma in different ways and the effects can be long-lasting.......

A very good article on Children caught in matrimonial disputes.......

http://www.hinduonnet.com/mag/2011/05/29/stories/2011052950030100.htm

Torn between Mom and Dad ...

Balki, 40, married, with two kids and a high-income job, constantly picks on his mother. “You and dad kept quarrelling, not an ideal situation to grow up in,” he charges. “I have what it takes, would have done better if you'd spent more time with me.”

Sayee, 14, whose parents are separated, lives with grandma. “I do all the work,” she complained to her counsellor. She avoids friends since they talk of fun with their families. “What will I tell them?” she asked. A five-year-old, when asked to draw “My family”, drew a couple and two houses. Another, whose mom has remarried, asked in confusion, “Which father's name do you want?”

Somu, 13, answers all questions from his therapist with a nod. His case-sheet says he is quiet and obedient, so why have his grades plummeted? “He is taking the adult role of being responsible and adjusts with the situation — not a happy thing,” his counsellor says.

Psychiatrists and counsellors across the country tell us that among the children sent for counselling, an increasing number are from broken homes. “A new situation needing new approaches,” says Magdalene Jeyarathnam, Director, Centre for Counselling, Chennai, citing the column-hogging Vanitha-Akash case. Baffled by the kid's aversion to mom, the Madras High Court ordered their kid to be seen by a psychiatrist. “Either the child suffered some kind of abuse when he was with his biological mother and stepfather or his biological father tutored the child so well that he is refusing to go with his mother,” said the judge. “The case has posed the greatest challenge... For once I [was] at my wits' end on how to deal with a nine-year-old boy.”

Insensitive parents

Case studies have pieced together what kids go through in unhappy homes. Blissfully unaware of the impact, couples blame each other, raise voices and use harsh language, even as the kid watches helplessly (“Child abuse,” insists Magdalene.) He/She is sucked into the cold war between parents (“Tell dad he's free to do what he wants”/“Is your mom ever home?”), mercilessly co-opted into the frustrations of a crumbling marriage (“If not for you, I would have done it differently. I have to stay with him/her for your sake”.)

If this isn't devastating, there's the painful stretch of the divorce process. For months, the kid is hauled from court to stuffy court. The unkindest cut is when a stranger in a courtroom asks, “Whom do you want, mom or dad?” Once visitation rights are settled, he has to get used to shuttling between homes. Abduction delivers the next punch. The petrified kid is plucked out of familiar surroundings, threatened with unpleasant consequences if he squealed on the parent or forgot the tutored script. “I'll kill you” he's told. Grow up fast and “know” the world, is the message.

The result is psychological damage. “Children carry guilt and shame from a broken marriage,” says Mohana Narayanan, who visits schools to help kids with behavioural problems. “How kids react to the collapse depends on their age, personality and family support.” Less than ten, they may feel responsible for the split. Teens blame the parents. It's loss of face for them to be a product of a broken marriage. The stigma, young adults fear, might dent marriage prospects. “The boy might hesitate to tell his parents that the girl of his choice is from a “dysfunctional” family. He may look past this, but has a problem convincing his parents,” explains Mohana.

Magdalene puts it differently: “A pacifist kid feels responsible, an assertive kid rages, a scared kid withdraws. The effects can be long-lasting.” Prof. Manju Mehta, Psychiatrist, AIIMS, worries about the loss of a sense of security, so essential for a growing child. “A stable family provides bonding and values,” she says. “With separation children miss the feeling of being loved. Both parents contribute to development in toddlers.” What if the mother's earning capacity is less, she asks. “This may affect his self esteem, leading to other emotional or conduct problems.”

Extreme reactions

Psychologist Pratima Havaldar at a Managerial Development Programme, Mumbai, has noticed both extremes in kids from divorced families. “They talk obsessively or decide not to talk on issues related to their parents,” she says. “Some avoid talk of any relationship, with peers, relatives.” What starts as apprehension during the divorce process breaks into aggression, lack of concentration and lowered academic interest, post-divorce. Kids who're too young to understand parental conflict can still sense the atmosphere, and are frightened by the threat to their security. Being dependent on moms, they often regress in behaviour. Step families don't always fill the gaps, she says. Children may feel torn between the parent with whom they live and the one they visit. “Traumatised kids experiment with delinquent activities,” she says.” They become disruptive, pick up quarrels, use inappropriate words, indulge in petty theft.

PHOTO: K. MURALI KUMAR

Spare the child the uncertainty...

Heart-wrenchingly, they try to cope. One kid told the counsellor, “If I choose one the other will be upset, so I begged, ‘ Please stay together, it doesn't matter if you don't talk to each other'.” “Research reveals kids push through emotion-bending situations,” says Pratima. “Impact of divorce is intense in the first two years, but kids learn to carry on.” It is also true that kids breathe easy after separation. Isn't “shanthi” preferable to slanging matches? “Kids love both parents and think, “Ok, let them stay apart. I'll deal with them individually.”

It's complicated, but the healing begins at home. Dr. Sudhir Hebbar, Apollo Hospital, Bengaluru, who's had parents consulting him on kids with post-traumatic disorder, says, “Kids suffer from watching parental quarrels. We do recommend parents stay together for the sake of children, but this is just one consideration.” If a parent substitute is available, the impact of one person's absence will be less, says Dr. Manju.

Opting out is an absolute last resort, says Mohana. “What message are you sending out? Before becoming parents, become partners, build a strong relationship. Realise, kids will be affected when the marriage sours.” Talking to kids whose families are unravelling is very difficult, she points out. Kids tell her, ‘We fight because they fight.' “You can't expect them to resolve their problems sensibly. I tell pre-teens and teens, ‘They're still your parents'. They understand, but find it hard to duck the emotional sledge-hammer.” Continue to be a friend to your ex-partner, so he/she can be a parent, says Magdalene. Be civil, make decisions about the kid together. You have no right to cut the kid off from the other parent, unless there is a physical threat.

Some mums now “prepare” the kids for the impending separation. “My children's picture book, Living With Mom, Spending Time With Dad, takes us through the myriad emotions that two children Stephen and Alex experience during this tumultuous period,” said Madhu. Magdalene flips a colourful children's book to a page with different expressions on a baby bear face. “I ask them to describe the expressions, and kids invariably attribute their own emotions to the faces. “He is crying and crying,” they say looking at a grimace. Reading books on how kids/animals cope can be therapeutic.”

Members of the NGO Children's Rights Initiative for Shared Parenting (CRISP) talk of better legislation. Since India hasn't signed the Hague Convention of Child Abduction, inter-parental child abduction isn't considered a crime here, they point out. They want child custody cases handled by a separate jury under the National Commission for Child Welfare (NCCW) so that they're dealt with sensitively and are disposed of speedily.

We have no say which way the marriage will sail, but couples can be guided by smooth winds, say experts. Magdalene tells of a woman who brought her kids aged 8 and 5 for counselling when she decided to separate. “After the divorce, the boy spent time with the father, got close to him, but worried it might upset mom. I spoke to her, and she said, “Why not? He's your father!” The kid needed to hear this from her.”

Counselling helps

Compulsory counselling for kids in all divorce cases and group sessions with other kids are some of the suggestions. Kids need to be assured that separation does not mean parents don't love them, says Magdalene. “Say it a billion times, ‘It is not your fault, you have a life to live, you have a right to happiness'. Equip him to control what is within his control, but the best gift you can give the kid is to love your spouse.”

The names of children and parents have been changed. Helpline for Centre For Counselling: +91-98847-00164 / +91-98847-00106

Nasty Innovative Group Protest Against Laws of Evil: Lock Protest (PROTEST MODEL 1) - Individual Protes...

2011-05-28T21:48:00.000-07:00

Nasty Innovative Group Protest Against Laws of Evil: Lock Protest (PROTEST MODEL 1) - Individual Protes...: "Protest Model 1: Buy a Lock.......Place a sticker which says 'PROTEST AGAINST 498A and DV'. Lock the Court Gate or Lawyer's house or Lofer W..."

MASSIVE PROCESSION CONCLUDED BY DHARNA ON 04-06-2011 – BANGALORE

2011-05-25T19:16:00.000-07:00

MASSIVE PROCESSION CONCLUDED BY DHARNA ON 04-06-2011 – BANGALORE

PROCESSION CONCLUDED BY DHARNA on 04-06-2011 by National Family Harmony Society® to protest against heavy misuse of Domestic Violence Act.

About National Family Harmony Society®: “National Family Harmony Society®” NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 16000 members all over India. To know more about us please visit www.family-harmony.org / www.498a.org.in / http://498amisuse.wordpress.com

Details of the Event
Procession starting at Town Hall @9.30 AM

Procession concluding at Banappa Park @10.15 AM

Dharna at Banappa Park 10.15 AM – 12.00 Noon

We request all members who participate in the procession to maintain discipline.

Kindly reach the start point of the procession on time so that there is good strength for procession.

The procession is a “silent protest” and there will be no slogan shouting.

However at the Dharna we are free to shout slogans.

To protest against the injustice by the Government we plan to tie black ribbon around mouth to symbolic show that MEN facing injustice are not even being allowed to speak out.

The Theme of the protest is Gandhi Ji’s 3 Monkeys!!

Judiciary – They are turning a blind eye to the injustice, saying they are law implementers and not law makers.

Legislature- Fearing from women vote bank, Legislature is not speaking out even though they know that Gender biased law’s are heavily misused.

Executive- The executive turn away MEN and do not listen to MEN saying “Do not involve us in this and solve your problem in the court”
So, the question is where do MEN GO???

If the 3 main pillars of the democracy have shut their doors on the MEN then we have hope only from the fourth pillar of the democracy i.e. Media.

We appeal all our media friends to help us to spread awareness regarding heavy misuse of the gender biased laws and injustice caused to MEN and his families due to this.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!!

With profound respects,

For further information please contact.

Suresh P 9880141531
President,
Mahesh M, 9731569970
General Secretary

Letter 2 Mr. Law Minister on HUNGER STRIKE against misuse of 498a and anti-men laws..!!

2011-05-20T11:16:00.000-07:00

To

The Honorable Minister,

Dr. M. Veerappa Moily,

Ministry of Law and Justice

4th Floor, A-Wing, Shastri Bhawan,

New Delhi – 110 001

Subject: HUNGER STRIKE AGAINST MISUSE OF IPC 498A, ANTI MEN LAW.

REVIEW OF IPC 498A AS PER SUPREME COURT DIRECTIVE

Respected Sir,

In the last 60 years of Independence, many efforts have been made,

many measures taken and many laws passed for uplifting, empowering and

protecting women, who, as a group, were considered weak and

disadvantaged. While proudly championing women’s rights, the society

also tacitly approved the propagation of anti-male sentiments and

policies by “radical groups” and the resultant diminution in value of

men’s lives and the blatant violation of men’s rights.

While the blatant misuse of laws like IPC 498A and Domestic Violence

Act has been well-documented, women’s organizations and the Government

are still touting them as tools for ensuring women’s empowerment and

gender equality. In reality, these laws are not about equality at all,

as they are specifically designed to treat men and women unequally. In

fact, not even all women are treated equally under these laws. A brief

look at the assumptions of these laws is enough to understand why they

are unfair, and how they violate basic human rights.

On various instances, Supreme Court of India, has issued direction to

the Government of India to Review IPC section 498 A, namely:

1) At the time of delivering the judgment in case of CRIMINAL APPEAL

NO. 1512 OF 2010 , (Arising out of SLP (Crl.) No.4684 of 2009) in the

case of Preeti Gupta & Another vs State of Jharkhand & Another, the

Hon’ble Supreme Court of India had stated the below with reference to

section 498a and its huge misuse .

In Para 34 :-

.... Before parting with this case, we would like to observe that a

serious relook of the entire provision is warranted by the

legislation. It is also a matter of common knowledge that exaggerated

versions of the incident are reflected in a large number of

complaints. The tendency of over implication is also reflected in a

very large number of cases

IPC 498A has a strong bias against women as well and the extent of

Women themselves getting arrested in a so called women protection law

are:

Table 1: No of WOMEN Arrested in IPC 498a in last Five Years

Women arrested in Year No of Arrests

2004 27832

2005 28745

2006 31253

2007 35667

2008 37369

TOTAL 160866

Source:NCRB

The Indian suicide statistics as well is a strong reflection of state

of Indian married men.

Suicide Statistics of year 2009

MARITAL STATUS MEN WOMEN TOTAL % MORE MEN Ratio

Never Married 17738 10063 27801 76% 1.76

Married 58192 31300 89492 86% 1.86

Widowed/Widower 2848 2674 5522 7% 1.07

Divorcee 635 613 1248 4% 1.04

Separated 2058 1030 3088 100% 2.00

TOTAL 81471 45680 127151 78% 1.78

Source: NCRB

I, Dashrath M.Devda, President, Akhil Bhartiya Patni Atyachar Virodhi

Sangh, strongly protests against the misuse of IPC 498A, DV Act, IPC

304B, IPC 306 and all other women centric laws. We have called for a

Hunger Strike and I, have been sitting on Hunger Strike on behalf of

my NGO, since May 15, 2011. Today it is more than 120 hours of my

Hunger Strike.

To prevent torture of Indian married men and their families against

the misuse of Anti-Men laws, our Demands are:

• Close down Crime Against Women Cell

• Constitute National Commission for Men in lines of National

Commission for Women

•

Remove the word “relative” from the definition of IPC 498A. No

relative should be dragged in the dispute of husband and wife.

• Stop extortion under IPC 406 in the guise of Streedhan

• Mediation in marital disputes should not be handled by Police Officials.

• Simplify and ease out the Divorce procedures to stop suicides and homicides.

• No maintenance to wife who has left the matrimonial home.

• All matrimonial litigations should be tried in one court.

• Stop judicial bias towards women

• Amend DV Act of 2005

• Penalty for misusers of IPC 498A

• Stop TV serials promoting family disharmony

As per” SC Directive” as mentioned above, we want a Time Bound review

of 498A, otherwise we would go for “Jail Bharo” Andolan from May 23,

2011.

Regards,

Dashrath.M.Devda

President

09925834516

Cc:

Her Excellency Smt. Pratibha Patil

President of India,

Rashtrapati Bhavan,

New Delhi – 110 001

Dr, Manmohan Singh

Prime Minister of India

South Block, Raisana Hill,

New Delhi-110 001

FOR IMMEDIATE RELEASE:.......Press Note !

2011-05-20T09:28:00.000-07:00

FOR IMMEDIATE RELEASE:

(Free-Press-Release.com) May 20, 2011 --

Shri Dashrath Devda, noted Men's Rights Activist is sitting on fast unto death along with his many supporters, including many women, at Jantar Mantar in New Delhi. In this heat of Delhi, the protesters are sitting on hunger strike peacefully so that society and government may recognize the ill effects of abuse of various Anti-men laws.

As per data of National Crime Records Bureau, every 9th minute a husband commits suicide in India. There are instances where husbands committing suicide has recorded their videos about abuse of Anti-men laws. Despite incontrovertible evidence of abuse of these laws, no steps have been taken by the Government to address these concerns. Ironically, many women have suffered heavily in the hand of these laws. Gender Biased Domestic Violence Act is breaking the families of India. There is no recognition of Father's Rights. Various maintenance laws are being used to usurp from men the basic human right of fruits of one's labour. Destitute men are being sent to jail merely because they cannot pay the exorbitant maintenance awarded to the wives. An estimate suggest that more women have been arrested by the Government of Independent India under Section 498A than total arrest of women by British Government during the whole life of Freedom Movement of India!

A few months back, when Shri Devda raised concerns of men through a Public Interest Litigation in Gujrat High Court, a fine was imposed on him. These issues requires legislative changes, and probably street protest is the only way through which a citizen of India can make his voice heard to the democratic institutions.

The protesters demand Gender Neutral Laws. Even the Law Minister of India promised Gender Neutral Laws some time back. However, after that Anti-men Gender Biased Sexual Harassment Bill was introduced in Lok Sabha, which is likely to make "workplace" a dangerous place to work for Men. Through women reservation in Parliament and state legislatures, men are being ousted from the democratic process of the nation. In Rural India, already men have been ousted from the democratic process of the country through reservation in Panchayats, as men cannot participate in the elections in reserved constituencies.

It is felt that political establishment of the country are treating women as a "voting block" and these steps are designed to divide the country on gender lines. We oppose any such division. Men's Rights Activists believe in harmonious relationship of genders and keep on working for gender justice.

HUNGER STRIKE BY DASHRATH TO PREVENT MISUSE OF IPC498A AND ANTI-MEN LAW

2011-05-19T10:07:00.000-07:00

India :
HUNGER STRIKE BY DASHRATH TO PREVENT MISUSE OF IPC498A AND ANIT-MEN LAW LIKE CRPC125,HMA24, DV ACT IN JANTAR MANTAR DELHI FROM 15TH MAY 2011.

ALL ARE REQUESTED TO BE PRESENT ON SATERDAY 4.0PM ONWARDS AT JANTAR MANTAR TO RISE YOUR VOICE ALONG WITH YOUR AGE OLD PARENTS AND SISTERS WHO ARE VICTIM OF SUCH MISUSE OF LAW AND LEGAL TERRORISM AS DESCRIBED BY SUPREMECOURT OF INDIA.

Inspite of SC direction to review the same law LAW Ministery not taken any effective time bound action. This time they have to give us the time bound confirmation of action.

We wonder Whose life is in More Danger in India : Men or Women?
Crime Bure data 2005 : Married Men Sucide : 52k vs Married Women Sucide 28K.Still there is no LAW to Protect Men why?
2006 Crime Bure Data : Married Men Sucide:55452 vs. Married Women Sucide:29869.
2007 Crime Bure Data : Married Men Sucide:57593 vs. Married Women Sucide:30064
Will Our LAW Maker change the LAW 304B( dowry death) to 304C( Sowry Death) and 498A ( harrasement to wife) to 498B ( Sowry harrasement by wife)

Urgently Review the Present IPC 498A and Make Same Gender Natural.

The Government needs to act NOW Save Family Foundation urges the Government of India to make the following amendments to the law and ensure that ordinary citizens of India are spared from needless harassment:
1.Section 498A of IPC should be made bailable.

Section 498A, being non-bailable, allows punishing the accused by imprisonment even before guilt is established. This goes against the Universal Declaration of Human Rights which states that everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law. Abused women need protection, but placing unconditional faith in the statements of a woman and confining the accused husband and his family in police or judicial custody, until bail is granted by a court, is not the way to accord protection to women.

2.Section 498A of IPC should be made non-cognizable.

Innocent citizens are being arrested everyday based on mere complaints without requiring evidence or investigation. Even children and senior citizens are not being spared. IPC 498A, being a cognizable offence, violates a citizen’s right to due process.

3.IPC 498A and Domestic Violence Law should be made gender neutral.

Domestic abuse is not gender specific. The assumption that victims of physical, verbal, emotional, sexual, and financial abuse are always women is wrong. According the Universal Declaration of Human Rights “all are equal before the law, and are entitled without any discrimination to equal protection of the law”. Hence, men should also be accorded protection from physical, verbal, emotional, sexual, and financial abuse by women.

4. Persons who misuse IPC 498A and Domestic Violence Law should be penalized.

Misuse of the process of law not only costs the public exchequer dearly, but also destroys the personal lives of many innocent citizens. Misuse of law should be treated as a serious crime, and persons who use women-protection laws as weapons for settling personal scores in marital disputes should be severely punished.
Gender Biased LAW should immediately be made crime based instead of any assumption that all women never lie and all the men are born as Criminals. “MEN/WOMEN” word to be replaced by word “PERSON” and word wife/husband to be replaced with the word “SPOUSE”

Further it is totally wrong to assume and biased view that each and every suicide of a women due to men and all the suicide of men the same to be termed as social service by women , even when it is clear evidence that the women is responsible for the suicide of the men , still such women get Scot free . Our Study reports “Domestic Violence against Men” confirm the same beyond the reasonable dought (Enclosed for your reference). If we consider the definition of the Present DV act, like Verbal abuse, mental abuse, economical abuse, Physical abuse and sexual abuse, more than 98% Men also face the same at their Home.

The current domestic violence act was drafted by lawyers whose expertise on 1st principle of law making and justice can be shown to be questionable. Some of their key members are unable to understand that words police, bail, jail, bonds have no place in a civil law. A law to jail, “tadipar” and fine can be provided only in accordance with a criminal matter that is in criminal laws.The similar set of lawyers fail to provide IPC or the civil law where in the men have any rights though they make a claim that problems faced by men can be taken care of . The current Domestic violence laws need to scrap to be replaced by more reasonable laws a domestic harmony laws in consultation with a panel consisting of Retired judges. Such can be done in 6 months. Let us remove the lawyers from the equation and their self interest. Let the Husband/wife say the truth in Family courts, instead of making twisted allegation against each other by the twisted advice of lawyers. This law is cynically ignorant of the first principle of human rights, dignity, law and justice.

The Protection of Women from Domestic Violence Act (DV Law), which evens the Hon’ble Supreme Court of India, has termed as clumsily drafted, has several provisions that are wrong and goes against the common sense and tramples the fundamental rights, such as equal protection under the law and the right to own property. This is to bring to your notice these wrongs and request a review for changes, or scraping of this Law to help the society. Under section 17 of the DV Law, women can seek entry into any house, she ever lived in the past 10 years, whether she has any claim or right to it or not.

Under section 19 she can throw any man, who was in a domestic relationship with her, out of his own house. This law is worded in a fashion that the house could be of senior citizens or retirees, a man’s friends or relatives, etc. Senior citizens work all their lives to save and live in a house of their own to live their golden years with dignity. This is an outright injustice to force to them to abandon their own homes. This law offers unscrupulous women and their greedy relatives, the incentive to legally grab property and hold the owners to ransom or subject them to extortion.

While Judiciary seems to have a taken a much more proactive stance in containing misuse of DV laws compared to 498a and dowry law where in almost a free for all free reign has been given to misuser . The obvious misuse and abuse of families cases in DV are too numerous. All the cases filed with only one intention to extort the money form the husband’s family, nothing else.

We, on behalf of Save Family Foundation, Delhi, write to you to expeditiously amend the lopsided PWDVA which was passed on the basis of assumption and biased view along with under tremendous pressure from a small minority of vocal and radical Groups elements of our country, who want that each and every home a litigation should start ( Promotion of Legal Terrorism) and a Huge money had been invested for that purpose, which is evident from their huge cry that why only approx.10000 Domestic Violence case filed in one year, it evident that those groups work like a Business Group who had invested huge money with the expectation the expected Profit and Business Turnover and for that they are desperate to ensure that there should not be any single home to be spared where Litigation not started.

Hence our sincere request to you to take immediate action, if we really want a Happy Family life in India and our Future Child will not spend their Child hood under Father Less Society:

Replace the word “Husband and Wife” with “Spouse”.
Replace the word “Men and Women” with “Person”.

Government should make the provision for Shelter Home and other facility to the victim of Domestic Violence, as an interim relief.
Establish the Family Court without Lawyers and the Domestic Disputes to be resolved in Family Court only.
In case found the complainant had not come to file the case in Clean Hand and misused the LAW along with Judiciary / administrative authority, they should be punished and the fine amount should go to Government as revenue.
Duplication/ multiple maintenance case to be stopped. This is total abuse of not only the natural Justice Systems and Duplication of LAW, this is the main motivation for filling false and fabricated case to extort the money from Husbands family.
There should not be any direct Compensation to the Complainant, if the offence proved beyond reasonable dought the offender should be Punished or fined and in such fine amount should go to the Government Revenue only. The same should be used for the well fare of real victim of Domestic Violence as a collectively. There should not be any difference or discrimination of Rich or poor people and different facility. All should be treated as same standard.
Those cases already 498A/Divorce/CRPC125 or any other cases had been filed and couple are not staying together and their case already pending in court , should not be allowed to file another DV case ( This is total Violation of Indian Constitution of article 20 , where a accused can’t be punished twice for the same offence)
· WCD (Ministry of Women and Child Development) review committees consist of all women committees with radical and extreme views. We seek that representatives of NGO’s like Save Family Foundation and their associates should be included in this committee. This is to ensure that there is balance and sanity in the review of the law.

· Service providers in DV (Domestic Violence) LAW should be neutral persons and made accountable for their actions to ensure justice for the greater good of society. Restricting service providers to women’s group’s activists and organizations is like asking the wolf to guard the sheep. These groups are not above temptation to extortion, blackmail and corruption. Besides, who will monitor their actions and penalize them for abuses? Judges and officials should be neutral. They should be insulated from pressure and intimidation under the garb of gender sensitization.

The other problem is that a specious argument by similar set of lawyers is made that residence right previously not available is being made available. Nothing can be farther from the truth. Women and men both have same residence rights in fact women have better rights then men. Both can rent or buy houses. (Women actually pay less property tax in some states so it becomes clear that women had marginally superior rights). What has happened in the new laws that husbands and their families have been denied their residential rights.

It should be important that even a convicted murderer or terrorists are not denied their residence in his owned or rented residence. Further they failed to understand the Indian society that it is the Husbands family providing the residence to women in more than 99% cases. Such type of law, where your own right to stay in your own residence refused, in long run will make the poor girls family life more miserable as very few people will be really interested to marry girl who does not have a own residence.

The right of retired persons to live peacefully in houses purchased out of their retirement funds is being sought to be made unavailable to it as per present Domestic Violence LAW.

The other curious problem which has started that even violent women are getting their way in the domestic violence cases as there have been disturbing judgments to that affect . In addition to that as the law failed to describe what is “live-in-relationship” with a strict time frame to claim the legal rights form each other like all other developed countries, creating a situation where a job and right of a prostitutes and normal women made equal and there is no difference at all.

Another disturbing element is regards custody of children. It has upheld the traditional notion of women as children making machines. A husband or mother-in-law who has raised his children could go to Jail merely on account of taking care of children. That there are reports of such happening raises further cause for complaint.

Other disturbing elements have been arrests happening in DV law for non presence. Civil and marital law does not envision arrests or arrest warrants. (The only arrest warrants should be for non compliance of orders not for non presence where in ex prate order may be granted).

View Point: Domestic Violence Act lacks perspective By Zamir Uddin , Central Chronicle News. “In short, the DVA-2005 in its enthusiastic thoughtlessness has throttled all avenues of reconciliation, has weakened the foundations of the institution of marriage, and vitiated conjugal life by developing a false sense of ego and a fictional helplessness among women. When it comes to man-woman relationship let us listen to the traditional but sane voice of John Milton, the English poet and moralist. Milton says that man represents reason and woman passion. As long as reason dominates passion, there is cosmos, but the moment passion dominates reason, chaos ensues. Let us view marital life from this viewpoint for marriage is not a bed of roses but a domestic battlefield. Unless husband and wife bring immense goodwill and sacrifice to bear upon their marital fortunes, their situation is desperate. The DVA need to be replaced by some more benign, sensible, gender-neutral legislation that may ensure women their rightful, honorable place at home and abroad, at the same time not forgetting the rights of men.”

We want a better Society for our Future Generation and Stop a Father less Child Society, which in turn not only will increase the crime in the society , it is evident from the various study that a father less child had been victim of child abuse at least 10 times more than a normal child.Gender Biased LAW should immediately to be made crime based instead of any assumption that all women never lie and all the men born as Criminal. “MEN/WOMEN” word to be replaced by word “PERSON” and word wife/husband to be replaced with the word “SPOUSE”With High Regards (Save Family Foundation)Encl: Study Report of “Domestic Violence against Men”

IPC Section 498-A: Misuse: Shoot the Lawyer Twice.

2011-05-01T10:50:00.000-07:00

IPC Section 498-A: Misuse: Shoot the Lawyer Twice.

I need both parents: consultive paper by law commission on 498a !

2011-03-29T13:17:00.000-07:00

I need both parents: consultive paper by law commission on 498a !

consultive paper by law commission on 498a !

2011-03-29T13:05:00.000-07:00

Law commission of india has moved a consultive paper to make 498a bailable. Link below:

http://lawcommissionofindia.nic.in/reports/cp-s498.doc

Come forward 2 save indians from misuse of 498a (dowry law).....

LAW COMMISSION OF INDIA
Consultation Paper-cum-Questionnaire regarding Section 498-A of Indian Penal Code

1. Keeping in view the representations received from various quarters and observations made by the Supreme Court and the High Courts, the Home Ministry of the Government of India requested the Law Commission of India to consider whether any amendments to s.498A of Indian Penal Code or other measures are necessary to check the alleged misuse of the said provision especially by way of over-implication.

2. S.498A was introduced in the year 1983 to protect married women from being subjected to cruelty by the husband or his relatives. A punishment extending to 3 years and fine has been prescribed. The expression ‘cruelty’ has been defined in wide terms so as to include inflicting physical or mental harm to the body or health of the woman and indulging in acts of harassment with a view to coerce her or her relations to meet any unlawful demand for any property or valuable security. Harassment for dowry falls within the sweep of latter limb of the section. Creating a situation driving the woman to commit suicide is also one of the ingredients of ‘cruelty’. The offence under s.498A is cognizable, non-compoundable and non-bailable.

3. In a recent case of Preeti Gupta v. State of Jharkhand, the Supreme Court observed that a serious relook of the provision is warranted by the Legislature. “It is a matter of common knowledge that exaggerated versions of the incidents are reflected in a large number of complaints. The tendency of over-implication is also reflected in a very large number of cases”. The Court took note of the common tendency to implicate husband and all his immediate relations. In an earlier case also - Sushil Kumar Sharma v. UOI (2005), the Supreme Court lamented that in many instances, complaints under s.498A were being filed with an oblique motive to wreck personal vendetta. “It may therefore become necessary for the Legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with”, it was observed. It was also observed that “by misuse of the provision, a new legal terrorism can be unleashed”.

4. The factum of over-implication is borne out by the statistical data of the cases under s.498A. Such implication of the relatives of husband was found to be unjustified in a large number of decided cases. While so, it appears that the women especially from the poor strata of the society living in rural areas rarely take resort to the provision.

5. The conviction rate in respect of the cases under s.498A is quite low. It is learnt that on account of subsequent events such as amicable settlement, the complainant women do not evince interest in taking the prosecution to its logical conclusion.

6. The arguments for relieving the rigour of s.498A by suitable amendments (which find support from the observations in the Court judgments and Justice Malimath Committee’s report on Reforms of Criminal Justice System) are: Once a complaint (FIR) is lodged with the Police under s.498A/406 IPC, it becomes an easy tool in the hands of the Police to arrest or threaten to arrest the husband and other relatives named in the FIR without even considering the intrinsic worth of the allegations and making a preliminary investigation. When the members of a family are arrested and sent to jail without even the immediate prospect of bail, the chances of amicable re-conciliation or salvaging the marriage, will be lost once and for all. The possibility of reconciliation, it is pointed out, cannot be ruled out and it should be fully explored. The imminent arrest by the Police will thus be counter-productive. The long and protracted criminal trials lead to acrimony and bitterness in the relationship among the kith and kin of the family. Pragmatic realities have to be taken into consideration while dealing with matrimonial matters with due regard to the fact that it is a sensitive family problem which shall not be allowed to be aggravated by over-zealous/callous actions on the part of the Police by taking advantage of the harsh provisions of s.498A of IPC together with its related provisions in CrPC. It is pointed out that the sting is not in s.498A as such, but in the provisions of CrPC making the offence non-compoundable and non-bailable.

7. The arguments, on the other hand, in support of maintaining the status quo are briefly:

S.498A and other legislations like Protection of Women from Domestic Violence Act have been specifically enacted to protect a vulnerable section of the society who have been the victims of cruelty and harassment. The social purpose behind it will be lost if the rigour of the provision is diluted. The abuse or misuse of law is not peculiar to this provision. The misuse can however be curtailed within the existing framework of law. For instance, the Ministry of Home Affairs can issue ‘advisories’ to State Governments to avoid unnecessary arrests and to strictly observe the procedures laid down in the law governing arrests. The power to arrest should only be exercised after a reasonable satisfaction is reached as to the bona fides of a complaint and the complicity of those against whom accusations are made. Further, the first recourse should be to effect conciliation and mediation between the warring spouses and the recourse to filing of a chargesheet under s.498A shall be had only in cases where such efforts fail and there appears to be a prima facie case. Counselling of parties should be done by professionally qualified counsellors and not by the Police.

7.1 These views have been echoed among others by the Ministry of Women and Child Development.

7.2 Further, it is pointed out that a married woman ventures to go to the Police station to make a complaint against her husband and other close relations only out of despair and being left with no other remedy against cruelty and harassment. In such a situation, the existing law should be allowed to take its own course rather than over-reacting to the misuse in some cases.

7.3 There is also a view expressed that when once the offending family members get the scent of the complaint, there may be further torture of the complainant and her life and liberty may be endangered if the Police do not act swiftly and sternly. It is contended that in the wake of ever increasing crimes leading to unnatural deaths of women in marital homes, any dilution of Section 498-A is not warranted. Secondly, during the long–drawn process of mediation also, she is vulnerable to threats and torture. Such situations too need to be taken care of.

8. There is preponderance of opinion in favour of making the said offence compoundable with the permission of the court. Some States, for e.g., Andhra Pradesh have already made it compoundable. The Supreme Court, in a recent case of --*---, observed that it should be made compoundable. However, there is sharp divergence of views on the point whether it should be made a bailable offence. It is pleaded by some that the offence under s.498A should be made bailable at least with regard to husband’s relations.*Ramgopal v. State of M. P. in SLP (Crl.) No. 6494 of 2010 (Order dt. July 30, 2010.

8.1 Those against compoundability contend that the women especially from the rural areas will be pressurized to enter into an unfair compromise and further the deterrent effect of the provision will be lost.

9. The Commission is of the view that the Section together with its allied CrPC provisions shall not act as an instrument of oppression and counter-harassment and become a tool of indiscreet and arbitrary actions on the part of the Police. The fact that s.498A deals with a family problem and a situation of marital discord unlike the other crimes against society at large, cannot be forgotten. It does not however mean that the Police should not appreciate the grievance of the complainant woman with empathy and understanding or that the Police should play a passive role.

10. S.498A has a lofty social purpose and it should remain on the Statute book to intervene whenever the occasion arises. Its object and purpose cannot be stultified by overemphasizing its potentiality for abuse or misuse. Misuse by itself cannot be a ground to repeal it or to take away its teeth wholesale.
11. While the Commission is appreciative of the need to discourage unjustified and frivolous complaints and the scourge of over-implication, it is not inclined to take a view that dilutes the efficacy of s.498A to the extent of defeating its purpose especially having regard to the fact that atrocities against women are on the increase. A balanced and holistic view has to be taken on weighing the pros and cons. There is no doubt a need to address the misuse situations and arrive at a rational solution – legislative or otherwise.

12. There is also a need to create awareness of the provisions especially among the poor and illiterate living in rural areas who face quite often the problems of drunken misbehavior and harassment of women folk. More than the women, the men should be apprised of the penal provisions of law protecting the women against harassment at home. The easy access of aggrieved women to the Taluka and District level Legal Service Authorities and/or credible NGOs with professional counsellors should be ensured by appropriate measures. There should be an extensive and well-planned campaign to spread awareness. Presently, the endeavour in this direction is quite minimal. Visits to few villages once in a way by the representatives of LSAs, law students and social workers is the present scenario.

13. There is an all-round view that the lawyers whom the aggrieved women or their relations approach in the first instance should act with a clear sense of responsibility and objectivity and give suitable advice consistent with the real problem diagnosed. Exaggerated and tutored versions and unnecessary implication of husband’s relations should be scrupulously avoided. The correct advice of the legal professionals and the sensitivity of the Police officials dealing with the cases are very important, and if these are in place, undoubtedly, the law will not take a devious course. Unfortunately, there is a strong feeling that some lawyers and police personnel have failed to act and approach the problem in a manner morally and legally expected of them.

14. Thus, the triple problems that have cropped up in the course of implementation of the provision are:(a) the police straightaway rushing to arrest the husband and even his other family members (named in the FIR), (b) tendency to implicate, with little or no justification, the in-laws and other relations residing in the marital home and even outside the home, overtaken by feelings of emotion and vengeance or on account of wrong advice, and (c) lack of professional, sensitive and empathetic approach on the part of the police to the problem of woman under distress.

15. In the context of the issue under consideration, a reference to the provisions of Protection of Women from Domestic Violence Act, 2005 (for short PDV Act) which is an allied and complementary law, is quite apposite. The said Act was enacted with a view to provide for more effective protection of rights of women who are victims of violence of any kind occurring within the family. Those rights are essentially of civil nature with a mix of penal provisions. Section 3 of the Act defines domestic violence in very wide terms. It encompasses the situations set out in the definition of ‘cruelty’ under Section 498A. The Act has devised an elaborate machinery to safeguard the interests of women subjected to domestic violence. The Act enjoins the appointment of Protection Officers who will be under the control and supervision of a Judicial Magistrate of First Class. The said officer shall send a domestic incident report to the Magistrate, the police station and service providers. The Protections Officers are required to effectively assist and guide the complainant victim and provide shelter, medical facilities, legal aid etc. and also act on her behalf to present an application to the Magistrate for one or more reliefs under the Act. The Magistrate is required to hear the application ordinarily within 3 days from the date of its receipt. The Magistrate may at any stage of the proceedings direct the respondent and/or the aggrieved person to undergo counseling with a service provider. ‘Service Providers’ are those who conform to the requirements of Section 10 of the Act. The Magistrate can also secure the services of a welfare expert preferably a woman for the purpose of assisting him. Under Section 18, the Magistrate, after giving an opportunity of hearing to the Respondent and on being prima facie satisfied that domestic violence has taken place or is likely to take place, is empowered to pass a protection order prohibiting the Respondent from committing any act of domestic violence and/or aiding or abetting all acts of domestic violence. There are other powers vested in the Magistrate including granting residence orders and monetary reliefs. Section
23 further empowers the Magistrate to pass such interim order as he deems just and proper including an ex-parte order. The breach of protection order by the respondent is regarded as an offence which is cognizable and non-bailable and punishable with imprisonment extending to one year (vide Section 31). By the same Section, the Magistrate is also empowered to frame charges under Section 498A of IPC and/or Dowry Prohibition Act. A Protection Officer who fails or neglects to discharge his duty as per the protection order is liable to be punished with imprisonment (vide Section 33). The provisions of the Act are supplemental to the provisions of any other law in force. A right to file a complaint under Section 498A is specifically preserved under Section 5 of the Act.

15.1 An interplay of the provisions of this Act and the proceedings under s.498A assumes some relevance on two aspects: (1) Seeking Magistrate’s expeditious intervention by way of passing a protective interim order to prevent secondary victimization of a complainant who has lodged FIR under s.498A. (2) Paving the way for the process of counselling under the supervision of Magistrate at the earliest opportunity.

16. With the above analysis and the broad outline of the approach indicated supra, the Commission invites the views of the public/NGOs/institutions/Bar Associations etc. on the following points, before preparing and forwarding to the Government the final report:

Questionnaire

1) a) What according to you is ideally expected of Police, on receiving the FIR alleging an offence u/s 498A of IPC? What should be their approach and plan of action?

b) Do you think that justice will be better meted out to the aggrieved woman by the immediate arrest and custodial interrogation of the husband and his relations named in the FIR? Would the objective of s.498A be better served thereby?

2) a) The Supreme Court laid down in D.K. Basu (1996) and other cases that the power of arrest without warrant ought not to be resorted to in a routine manner and that the Police officer should be reasonably satisfied about a person’s complicity as well as the need to effect arrest. Don’t you agree that this rule applies with greater force in a situation of matrimonial discord and the police are expected to act more discreetly and cautiously before taking the drastic step of arrest?

b) What steps should be taken to check indiscriminate and unwarranted arrests?

3) Do you think that making the offence bailable is the proper solution to the problem? Will it be counter-productive?

4) There is a view point supported by certain observations in the courts’ judgments that before effecting arrest in cases of this nature, the proper course would be to try the process of reconciliation by counselling both sides. In other words, the possibility of exploring reconciliation at the outset should precede punitive measures. Do you agree that the conciliation should be the first step, having regard to the nature and dimension of the problem? If so, how best the conciliation process could be completed with utmost expedition? Should there be a time-limit beyond which the police shall be free to act without waiting for the outcome of conciliation process?

5) Though the Police may tender appropriate advice initially and facilitate reconciliation process, the preponderance of view is that the Police should not get involved in the actual process and their role should be that of observer at that stage? Do you have a different view?

6) a) In the absence of consensus as to mediators, who will be ideally suited to act as mediators/conciliators – the friends or elders known to both the parties or professional counsellors (who may be part of NGOs), lady and men lawyers who volunteer to act in such matters, a Committee of respected/retired persons of the locality or the Legal Services Authority of the District?

b) How to ensure that the officers in charge of police stations can easily identify and contact those who are well suited to conciliate or mediate, especially having regard to the fact that professional and competent counsellors may not be available at all places and any delay in initiating the process will lead to further complications?

7) a) Do you think that on receipt of complaint under S.498A, immediate steps should be taken by the Police to facilitate an application being filed before the Judicial Magistrate under the PDV Act so that the Magistrate can set in motion the process of counselling/conciliation, apart from according interim protection?

b) Should the Police in the meanwhile be left free to arrest the accused without the permission of the Magistrate?

c) Should the investigation be kept in abeyance till the conciliation process initiated by the Magistrate is completed?

8) Do you think that the offence should be made compoundable (with the permission of court)?
Are there any particular reasons not to make it compoundable?

9) Do you consider it just and proper to differentiate the husband from the other accused in providing for bail?

10) a) Do you envisage a better and more extensive role to be played by Legal Services Authorities (LSAs) at Taluka and District levels in relation to s.498A cases and for facilitating amicable settlement? Is there a need for better coordination between LSAs and police stations?

b) Do you think that aggrieved women have easy access to LSAs at the grassroot level and get proper guidance and help from them at the pre-complaint and subsequent stages?

c)Are the Mediation Centres in some States well equipped and better suited to attend to the cases related to S,498-A?

11) What measures do you suggest to spread awareness of the protective penal provisions and civil rights available to women in rural areas especially among the poorer sections of people?

12) Do you have any informations about the number of and conditions in shelter homes which are required to be set up under PDV Act to help the aggrieved women who after lodging the complaint do not wish to stay at marital home or there is none to look after them?

13) What according to you is the main reason for low conviction rate in the prosecutions u/s 498A?

14) (a) Is it desirable to have a Crime Against Women Cell (CWC) in every district to deal exclusively with the crimes such as S.498A? If so, what should be its composition and the qualifications of women police deployed in such a cell?

(b) As the present experience shows, it is likely that wherever a CWC is set up, there may be substantial number of unfilled vacancies and the personnel may not have undergone the requisite training. In this situation, whether it would be advisable to entrust the investigation etc. to CWC to the exclusion of the jurisdictional Police Station?

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Dowry harassment likely to become a bailable offence Read more: Dowry harassment likely to become a bailable offence -

2011-02-23T20:25:00.000-08:00

http://timesofindia.indiatimes.com/india/Dowry-harassment-likely-to-become-a-bailable-offence/articleshow/7559449.cms

JAIPUR: The Union law department has launched an exercise to tone down the law on matrimonial cruelty, including cases of dowry harassment. Effectively, dowry harassment may soon become a bailable offence.

To protect social fibre of family life and check alleged misuse of the law, the department is contemplating changes in Section 498-A of the IPC that defines the offense of matrimonial cruelty.

Section 498-A was inserted into the IPC by an amendment in 1983. Offenders, including husband or any other family member, are liable for imprisonment as well as a fine and the offence is non-bailable, non-compoundable and cognizable on a complaint made to the police officer by the victim (wife) or by designated relatives.

The law department is now exploring viability of changing the law to make the offense, including dowry harassment, as a bailable and compoundable. ''Relevant data and opinion are being sought from states to evaluate the misuse of the law and possibilities of changing it,'' says Justice (rtd) Shiv Kumar Sharma, member of the National Law Commission.

The panel will hold meetings with police departments across states to collect statistics regarding ''misuse'' of the law and also about genuine cases of dowry harassment and other forms of matrimonial cruelty.

"After husband's arrest, possibility of reconciliation becomes difficult, so the idea is to strike a balance," said Sharma. But, he said the panel was equally concerned about genuine cases and data regarding the same was also being collected.

Read more: Dowry harassment likely to become a bailable offence - The Times of India http://timesofindia.indiatimes.com/india/Dowry-harassment-likely-to-become-a-bailable-offence/articleshow/7559449.cms#ixzz1EqakY0x7

IAS officer slapped child over scratch to car

2011-02-23T11:35:00.000-08:00

Chandigarh, Feb 23 (IANS) A woman Indian Administrative Service (IAS) officer here has been booked by the child rights panel for slapping a four-year-old girl who had accidentally caused an autorickshaw to scratch her car, officials said here Wednesday.
Sujata Dass, a 1978-batch Punjab-cadre IAS officer who is posted as secretary, vigilance inquiries, Punjab, has been booked by the National Commission for Protection of Child Rights (NCPCR). She had slapped the child, Garima, who is a nursery student, in full public view.
Garima was returning from school in an autorickshaw when the incident took place. The autorickshaw driver stopped the vehicle in the Sector 38 market to drop a child and stepped out with the ignition on.
In the meantime Dass, who stays here in Sector 39, reached there in her official Honda City car. Garima accidentally pulled the gear lever and the autorickshaw banged the rear door of the car. Infuriated, Dass came out and thrashed the child.
Following this, Garima's father reached the police station to lodge a complaint but a compromise was struck between the two parties as Dass apologised.
Garima is a nursery student at Delhi Public school in Sector 40 here.
However, a city-based NGO filed a complaint against the officer with NCPCR.
'A public servant cannot indulge in such incidents. This is a clear violation of the code of conduct and we would take an appropriate action. We have also sent a notice to Punjab government and sought a reply from them,' said a senior official of NCPCR.

http://in.news.yahoo.com/ias-officer-slapped-child-over-scratch-car-20110222-215435-463.html

Police Bravery: 2 Months pregnant lady was dragged !

2011-02-23T11:19:00.000-08:00

CoimbatoreFeb: 23, Laxman a Doctor from Coimbatore working in London got married to a divorced lady(for her 2nd marriage) Saujanya(35) from kamam, A.P. She filed dowry complaint(498a) 323,341 and 506(1) IPC at kamam, police abut husband Laxman managed to get Anticipatory Bail

Saujanya also gave another complaint against the husband's brother and his wife both of them are doctors from coimbatore.

Based on the complaint A.P. Police came to Coimbatore and arrested Dr.Laxman Brothers pregnant wife and not allowed her to call her husband or to use her cell phone. Without informing any of her relatives or husband She was taken by jeep towards Erode and during travel she was bleeding.

She was refused to buy even a napkin. She was them taken by train from Erode to Andhra, in unreserved compartment.

The lady doctor got severe stomach pain got fainted in train. because of brutality of Andhra Police even she shouting in pain Andhra Police did not show any mercy on her, and she got aborted. only then A.P.police communicated to her husband and he communicated the higher police officials of T.N. and then Andhra.

The lady was dropped at Jwalarpet Railway station she was handed over to her relatives.
This shows brutality of Police and misuse of law. Andhra Police along with Saujanya should be charged with muder of unborn child, activists demanded.

This was a shocking news in tamil daily news paper "Dinamalar" lady dr got abortion due to A.P police in traveling
http://epaper.dinamalar.com/Dm/Madhurai/2011/02/23/index.shtml

I need both parents: Rights of a Father? A case of reverse gender discr...

2011-02-23T05:46:00.000-08:00

I need both parents: Rights of a Father? A case of reverse gender discr...: "The Family Court system blatantly discriminates against fathers, heartlessly separates them from and prevents their access to their own biol..."

Rights of a Father? A case of reverse gender discrimination?

2011-02-23T05:40:00.000-08:00

The Family Court system blatantly discriminates against fathers, heartlessly separates them from and prevents their access to their own biological children”, said the newly formed All India Men’s Welfare Association (AIMWA).

As a sign of protest against the Family Court system, AIMWA organised a protest before the Family Courts on Friday at Chennai. Around fifty of its members were distributing pamphlets and campaigning against the system.

AIMWA is an organization formed to protect the constitutional and human rights of men. It fight against gender discrimination, ‘legal terrorism’ and every other form of abuse suffered by men.

M Antony Francis, coordinator, AIMWA told Law et al. News “Indian Family Courts have declared a war against fathers and are adopting every possible means to create a “Fatherless Society”. We concur with the recent observation of the Supreme Court of India that “the Hindu Marriage Act is breaking more families than uniting”. We would like to add that the worst sufferers of the Indian Family Court system are fathers and children”

He further added “Section 498A, framed to protect women from dowry harassment, has become a hot topic of discussion these days due to misuse. As per National Crime Bureau (NCRB), in the year 2007, 187540 people were arrested under Section 498A, of which, the offense could be proven only for 13247 people. 94% of those arrested were found innocent. As per NCRB, in the last ten years there has been a spurt in the incidence of suicide by married men. A law that was supposed to act instrumental in women empowerment and to enable them to speak against their abuse, looks like has today, become a curse for many a families”

“The modus operandi of the Family Courts includes depriving fathers of the right to love and care for their biological children and forcing fathers to pay huge sums of money to support children they are not allowed to see. The Family court system encouraging false allegations of abuse to paint fathers as unfit parents” S Hariharan, General Manager of a Telecom Company, a divorcee himself in Chennai told Law et al. News.

Multiple legal battles by mothers eliminate biological fathers from their children’s lives, lamented another divorcee MP Kalaichelvan, a Civil Engineer. He said that the present system passes ex-parte orders based solely on the allegations made by a child’s mother..It also allow mothers to brazenly disobey visitation orders without legal repercussions to her. Sometimes biological fathers are labelled “kidnappers” for trying to make contact with their own children. Prolonging custody and visitation matters for years, thereby driving fathers into financial and emotional bankruptcy and forcing them to give up the desire to see their children, are the issues of concern to us,” he said.

In its memorandum to the Principal Sessions Judge VRamalingam, AIMWA has prayed “Special fast-track courts should be set up at the earliest to deal with custody issues. Exclusive, fully functioning Divisional Bench should be set up in all High Courts and Supreme Court to hear appeals in matters of child custody’’.

They also said when a person or couple approaches court for divorce, counseling of the parents by professional counselors should be given first priority and except in extreme cases of violence or unhealthy behavior by either partner, children should be given equal and meaningful access to both parents and grandparents on both sides.

The Memorandum further suggested that both parents should made financially responsible for the upbringing of child in proportion to their earnings and not based on demands made by either partner. If a partner prevents a child from having equal and meaningful contact with the other partner, they should be counseled first to understand the importance of equal parenting and the best interest of a child.

“If either partner repeatedly disobeys orders of equal access and meaningful contact with children, then the children should be placed in the full custody of the partner who will allow equal access to the other parent”, the participants demanded in their memorandum.

http://www.lawetalnews.com/NewsDetail.asp?newsid=1478

Memorandum to Family Court on Children's day !

2010-11-10T13:10:00.000-08:00

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

2010-11-08T19:25:00.000-08:00

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
-----------
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.
----------------

Do you know; how my 7th birthday was celebrated?

2010-10-17T13:19:00.000-07:00

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

2010-09-12T12:22:00.000-07:00

*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 !

2010-09-04T11:53:00.000-07:00

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 !

2010-06-16T10:00:00.000-07:00

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 !

2010-06-15T12:01:00.000-07:00

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

2010-06-14T14:09:00.000-07:00

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

2010-05-17T11:41:00.000-07:00

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

Hamara Bajaj !

2009-12-10T07:39:00.000-08:00

Hamara Bajaj and outdated 498a IPC Section
Though I am having father but everybody in my school and locality calls me “fatherless”. I was living with my father till the time my Nana (Father of my mother) registered a false 498a case of my father, my grand father, my grand mother and my real uncle. When Police came to arrest; I was playing football (big rubber ball) with my real cousin sister who is 6 months elder to me, in a party hosted by all of them on my “Mundan Ceremony”. I shouted papa-papa but police uncle gave deaf ear to it. I lost my childhood then and nobody is concerned about this.

On 14th November, 2009 (http://www.bhavyafoundation.org/events.html) near to “Sangam Crossing”, Aliganj, Lucknow I had a glimpse of a person who resembled like my father. I think he was my father on Yamaha motorcycle of Yaksh uncle. He stayed there for 5 minutes, blessed me through his eyes and left the place. I am not confident but love in his eyes was conveying the rest. If Court Uncle had wished then I would have got his love and affection also. I miss him badly in my life. But law makers and court uncle do not understand this requirement of a child, may be I do not have voting rights and I am not a vote bank for them.

I do not remember my grand father as I have hardly met him. We were not living together as he was posted in a different city and I, pappa and mamma were living in Delhi (NCR) where my father was working then. But some stories as told by my grand father are still there at back of my mind.

Way back when my father was as young as I am today, the first scooter that my grand father buy was “Hamara Bajaj Scooter-Priya”
http://www.youtube.com/watch?v=xEV8MWd1p3M&feature=PlayList&p=80169FA75E5ACCF6&playnext=1&playnext_from=PL&index=2)
and everybody in the family was so excited. It was a very small city, where my grandfather was living and scooter those days use to be a big thing and the party was thrown in the locality. My father was small then and must be thinking what is the point of such a joy.

He came to know the joyous of riding a scooter when first my grandfather took him for a ride. If you are a child living with your father then only you can understand this feeling and unfortunately God is not in my favor and I am fatherless hence can’t feel like you.

Anyway, my grand father taught driving to my father on that “Priya Scooter” only. Fathers are institutions; my father has learned so many things from his father including driving. I do want to learn driving on the same Hamara Bajaj Scooter but first 498a snatched my father and my childhood and now I am saddened to hear that Bajaj Scooters are going to stop production of scooters by March 2010.

http://business.rediff.com/report/2009/dec/09/auto-bajaj-to-stop-making-scooters.htm

The Bajaj management will be stopping scooter production as these scooters are outdated now. After the declaration of CJI
http://www.youtube.com/watch?v=aDZiHGBtDXY, President of India, Media Reports and Crpc amendments on 41a (Arrest after investigation and valid reason only) and SIF campaign, the most abused 498a IPC section is also outdated then what is stopping this congress government to take 498a back which has killed childhood of millions of children like me.

I request Mr. Manmohan Singh (http://en.wikipedia.org/wiki/Manmohan_Singh) to learn from Mr. Rajiv Bajaj, Chairman Bajaj Auto (http://en.wikipedia.org/wiki/Rahul_Bajaj). Hamara Bajaj will be out of market by 30th March 2010, let us see when the same will happen to 498a IPC.

Best Regards,
http://www.bhavyafoundation,org/

Children Day: Blood Donation Camp organized !

2009-11-01T08:00:00.000-08:00

To solicit your benign presence

Dear All,

I have a small request that Please don’t call me fatherless and my father as childless……

We both exist & living for each-other. We both are waiting for court uncle’s orders to get united………………..as I NEED both parents.

Almost all children like me, who are caught in matrimonial disputes, are suffering as “shared parenting” is not practiced in our country.

Nobody including court uncle understands that a child needs both parents.

Hundreds of Fathers and like minded people have decided to donate their blood for the welfare and long life of their children ……..

on
Children day (November 14, 2009)
at
Blood Bank, KGMC, Lucknow (UP)
From
10 AM to 2 PM

Join to support “shared parenting” to save childhood of millions of children and raise your voice for child rights on children day.

…….”One Father is better than 100 teachers…….”

Contact: Lucknow: 09450139307/9305323243, Rae-Bareli: 9455540355 and Delhi: 09999107314
Supported by: CRISP (Bangalore), Pati-Pariwar Kalyan Samiti (Lucknow), All India Forgotten Women (Hyderabad), GHRS (New Delhi), Save Family Foundation (New Delhi), Save Indian Family Foundation (Bangalore), AIMPF (Bangalore), IFF (Mumbai).
…….We children may be small, but our rights as a child are BIG and court uncle will also understand one day…………...
www.bhavyafoundation.org

“Save our rights to save the nation”

“Why say no to elder court uncle……?

2009-09-13T08:11:00.000-07:00

“Why say no to elder court uncle……?

The day I heard that there are all women police stations, all women buses and the government is planning to start all women courts for the cause, welfare and justice of women. I am forced to think if above is true for cause of women; then what crime we children have done?

Why can’t we have all children court where children will be the judges to decide on child custody matters?

I have experienced that these elders have not understood that a child need both parents since independent India in 1947. It is these elders only who have first made women and child development ministry and then later allowed women issues to highjack child issues. It is these elders only who are not separating this ministry to work for real child welfare.

Now, I am forced to believe that these elders are not capable to understand children’s requirement and work for child welfare.

It is these elders only because of which we children’s have suffered for decades. It is these elders only who have used as an extortion tool. These elders have failed to understand that we are a child but not extortion or a blackmailing tool. It is these elders only who have treated my father as an ATM machine. It is because of these elders I was called “fatherless” and my father was “childless” for decades.

It is these elders only who have not allowed us to have access to love and affection of father for decades. It is these elders only who think that giving access to father to see child is for the welfare of father and not for child. It is these elders only who have given indefinite multiple dates for decades thinking matrimonial disputes will be over automatically by the passage of time.

One day a big court uncle said in his judgment that I can’t get love and affection of father as there is no female at my father’s house. They fail to see that I wanted love of father not anything else and they focused on everything else except my love towards my father. In last date in my child custody matter court uncle asked my father that what benefit he will get if he will see me? As if meeting child is for welfare of father but not for me. These elder do not recognize my right to have equal time with both parents.

I sincerely believe that these elders have failed to understand the pain of children who are caught in matrimonial disputes. These elders will never understand that a child needs both parents. These elders think that my issues are small. Brothers of my age group understand better that “we may be small but our issues are BIG”.

A child can only understand the pain of other child and I not only want but demand of separate children courts where children will be the judges to decide on child custody matters. I am a child and I understand that a child needs both parents.

If we children were the judges then there would not have been any requirement for rescue brother adithya (http://www.rescureadithya.org/) and no Maqdoom uncle (http://www.saveindianfamily.org/about-us/press-releases/349-candle-light-march-to-commemorate-syed-and-protest-the-judiciary.html) would have ended life for child.

-We do not want elder court uncle to decide child custody matters, we children are better to decide them judiciously-

Thank you !

Seminar Invitation: Bhavya Foundation !

2009-07-30T09:15:00.000-07:00

Dear All,

I have a small request that Please don’t call me fatherless and my father as childless……
We both exist & living for each-other. We both are waiting for court uncle’s orders to get united………………..as I NEED both parents.

Almost all children like me, who are caught in matrimonial disputes, are suffering as “shared parenting” is not practiced in our country.

Nobody including court uncle understands that a child needs both parents.
Please come forward to save childhood of millions of children like me.
Understand my requirements more by attending a seminar on
“Pariwarik Vivado main Ghisat-ta, Sisakta BACHPAN”
at
Surya Hotel, Civil Lines, Rae-Bareli (UP)
on 09/08/09 (Sunday)
from 11 to 2 PM
Join to support “shared parenting” to save my childhood and raise your voice against misuse of 498a (Dowry Law), Biased domestic violence Act, Slow and biased child custody matters and conspiracy to destroy the Family System of India. Let us prevent India becoming a Father Less Society.

…….MAIN “PAPA” KA KHOON HOON KOI WEEKEND TV PROGRAM NAHI…..

Contact: Rae-Bareli: 09455540355, Lucknow: 09305323243/09807149032 and Delhi: 09999107314/09868609678

Supported by: CRISP (Regd.), Pati-Pariwar Kalyan Samiti (Regd.), All India Forgotten Women (Regd.), MASI (Regd), Save Family Foundation (Regd.), Save Indian Family Foundation (Regd.)
…….I may be small, but my rights as a child are BIG and court uncle will also understand one day…………...

“Pariwar Bachao-Bachpan Bachao”