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.
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.
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
Copy to Chief Justice of
1. Lucknow Bench of Allahabad High Court. Lucknow.
2. Allahabad High Court, Allahabad.
3. Supreme Court of India.
