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
Showing posts with label dowry. Show all posts
Showing posts with label dowry. Show all posts
Friday, May 20, 2011
FOR IMMEDIATE RELEASE:.......Press Note !
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.
(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.
Thursday, May 19, 2011
HUNGER STRIKE BY DASHRATH TO PREVENT MISUSE OF IPC498A AND ANTI-MEN LAW
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”
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”
Wednesday, February 23, 2011
Dowry harassment likely to become a bailable offence Read more: Dowry harassment likely to become a bailable offence -
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
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
Wednesday, June 16, 2010
Fraud in making of Sexual Harrasement @ workplace Law !
I understand that all citizen of this country would be thinking that how our law makers can have one sided, anti-male, anti-good female and anti children laws in the country.
Here is the answer in a well documented form that the National Commission for Women(NCW) and the Women and Child Development Ministry (WCD Ministry) are violating the same while drafting the Sexual Harassment at Workplace Bill.
Are these bodies above the Constitution of India?
They may not be above constitution but our goverment is also not only passing such laws but also doing all frauds in the name of law making process.
Click on the link below to see how and why are they manipulating/violating law making process just in order to create another anti-male law in the gender industry.
(http://groups.google.com/group/arnab221/web/facist_lawmaking.pdf)
You are correct if you are thinking that "This country is going to DOGS"........
Shame on law makers.
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.
Thursday, December 10, 2009
Hamara Bajaj !
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.
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/
http://www.bhavyafoundation,org/
Sunday, September 13, 2009
“Why say no to elder court uncle……?
“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-
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 !
Thursday, July 30, 2009
Seminar Invitation: Bhavya Foundation !
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.
…….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”
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.
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”
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