Why not a national Commission for men?

This is a very legitimate demand to protect men. In the name of women empowerment, Govt of India is harassing men. The NCRB suicide rate of men and women is an eye-opener evidence that men are being harassed from all sides : from Govt to police to judiciary. Especially the suicide rate of married men. Suicide rate of men and women before marriage is almost same. But after marriage the suicide rate of men is double that of women. Where any suicide and accidental death of women after marriage is termed as dowry death men suicide is not recognized at all and hence there is no forum for men to knock at for help.

CHENNAI: On the occasion of International Men's Day on Friday, the All India Men's Welfare Association (AIMWA) reiterated its demand to the Union Government that a National Commission for Men (on the lines of National Commission for Women) be set up to study issues of men.Suresh Ram, member of AIMWA, said, "For the third year since the association has been formed, we are reiterating the important and righteous demand before the government, but nothing seems to be moving in that way." Strongly demanding amendments into 84odd Acts and laws that has been seen by the association as antimen, Suresh said, "Most of them were used only to harass and blackmail men (by women), and 98 per cent of such cases were never led to conviction and finally they turned out to be fake complaints." The need for seeking national commission for men was to ensure rights and other privileges given to men in the society, he added.

http://expressbuzz.com/cities/chennai/why-not-a-national-commission-for-men/224528.html

On Independence day men Demand gender neutral laws

On I-Day, men to demand neutral laws

2010-08-14 18:50:00

When India celebrates its 64th Independence Day Sunday, around 100 men representing nearly 15 NGOs would press for the formulation of gender neutral laws at a meeting at the Yercaud hill station in Tamil Nadu.

The men's rights groups would meet in the cool climes of Yercaud under the aegis of Save Indian Family Foundation (SIFF) to hotly deliberate social, judicial, health and other domestic issues affecting men.

They would also launch helplines and a National Litigant Bench (NLB) which will educate men involved in litigation at the meeting at Yercaud, some 380 km from Chennai.

'The worst sufferers of judicial delays are men. The NLB will help litigants in knowing their rights so that they are protected from undue judicial delays,' Uma Challa, president of All India Men's Welfare Association (AIMWA) told IANS over phone from Hyderabad.

'With cases taking decades to get settled, litigants lose their prime youth in going to courts rather than engaging in productive work,' Manoj, one of the architects of NLB, told IANS.

The one common thread binding the men's rights activists is that they all were involved in litigation mostly filed under women-centric laws or legal provisions.

'There is blatant abuse of legal provisions. If a person is found guilty, he should be punished. But when you bring in the element of monetary compensation for the complainant, then misuse of legal provisions kicks in,' Manoj said.

Legal provisions were framed to protect law-abiding women, but these are often misused, said Kumar V. Jahgirdar, a stock broker by profession and president of Child Rights Initiative for Shared Parenting (CRISP) based in Bangalore.

In India, divorces are turning out to be a tsunami for men. When divorce tsunami hits a man, he loses everything including his children, he said.

'As to children visitation rights, on an average a father gets around 2-4 hours once in 15 days which is very insignificant,' he added.

'Our demand is that laws should be applied on a neutral basis. For instance, law provides for a man to claim maintenance from his wife. But when that provision is sought to be invoked society ridicules men,' Challa said citing her own brother's case.

'Not that my brother wanted to claim maintenance from his wife. It is just that we wanted to test the legal provision and he was ridiculed,' she added.

Suresh Ram of AIMWA added: 'The women's organisations are headed by radical feminists and women laws are influenced by them. In the name of individuals' rights, families are destroyed.'

http://sify.com/news/on-i-day-men-to-demand-neutral-laws-news-national-kiosOedeghi.html

Wanted: Gender-neutral laws

Wanted: Gender-neutral laws

Nivedita Chaudhuri

If women like Uma Challa had their way, they would change all gender-biased laws that exist in India today, including Section 498A of the IPC or the dowry law.

The draft Bill on Protection of Women against Sexual Harassment at the Workplace may be ready, but some women actually think it is heavily biased against men. If women like Uma Challa had their way, they would change all gender-biased laws that exist in India today, including Section 498A of the IPC or the dowry law. Challa argues that the dowry law is being misused by many women to harass their husbands and in-laws.

Hyderabad-based Challa launched a forum called All India Forgotten Women, under the aegis of Save Indian Family Foundation (SIFF) in 2005, in response to the “large-scale arrests of women falsely accused under Section 498A IPC”.

The draft Bill on sexual harassment at the workplace, she says, does not have provisions to protect men from similar harassment at the workplace and it thus undermines the Indian Constitution, which states that men and women have the same right to equality and life.
“The Bill and its architects undermine the basic truth that sexual harassment is neither about sex nor gender. It is about power, and a woman in power can be every bit as abusive as a man,” Challa says.

“The Bill requires that committees for redressing grievances consist of persons ‘committed to the cause of women’. If committees are filled with individuals committed to the cause of women and not to the cause of truth, law and justice, is it hard to foretell the fate of males in an institution or in society as a whole,” she asks.

Challa, who is also president of The All India Men’s Welfare Association, says the Bill contains provisions for ‘conciliation’ and ‘settlement’ between the ‘aggrieved’ woman and the respondent. If ‘conciliation’ happens and ‘settlement’ is arrived at, no further inquiry will be conducted. If, however, the terms and conditions of ‘conciliation’ and ‘settlement’ are not met by the accused, an inquiry will be conducted.

“When sexual harassment at the workplace is considered a grievous crime which warrants a special and stringent law, what is the purpose of having a ‘conciliation’ and ‘settlement’ plan? In what way is this law different from the dowry law, which is being used as a weapon of extortion,” she asks.

She says countries around the world, including the USA, the UK and all member countries of the European Union, have gender-neutral sexual harassment prevention laws. “Even Pakistan, which passed a similar Bill in January 2010, embraced the principle of gender neutrality,” she adds.

http://www.deccanherald.com/content/88344/wanted-gender-neutral-laws.html

A survey to straighten issues! … that’s what men’s organisations in the city are now looking to conduct

Seeking to counter certain “exaggerated” claims made by some women’s organisations and in a bid to draw the attention of the government to the plight of men victimised by lop-sided laws drafted on the basis of such claims, men’s organisations in the city have now embarked upon the task of conducting a massive domestic violence survey.
   

The results of the nationwide survey, widely believed to be the first of its kind for men in the country, will be used to find out if whether Indian men too are victims of domestic violence, the percentage of Indian men subjected to such violence and the kind of violence they are subjected to.

The need for the survey has been triggered, it seems, by the controversial Domestic Violence Act - 2005, which seems to have been drafted on the assumption that only women suffer domestic violence.

Says Suresh Ram, member of the All India Men’s Welfare Association (AIMWA), an NGO working for the rights of men and boys, “Certain women’s organisations have been stereotyping the issue of domestic violence. They have presented a picture that conveys the impression that only women are victims of domestic violence while we have with us global surveys and over 250 scholarly studies that show that women are at least as likely as men to engage in partner aggression and that partner violence is often mutual. This fact is established if one goes through the Domestic Violence Study conducted by a well known global organisation that has done the survey in over 32 countries including India. However, the Domestic Violence Act in India offers protection to only women and not men.” He further adds, “So, to set things right, we men’s organisations have joined hands to ensure that a credible and transparent survey on the issue is done.

Eight men’s organisations are involved in this effort which is being led by the AIMWA. We have begun negotiations with survey agencies to conduct the survey in certain cities of the country including Chennai, Delhi, Kolkata, Bangalore and Hyderabad. We intend to publish the results on Nov 19, the International Men’s Day.” So, what do they intend to achieve by conducting such a survey? Says Suresh, “We intend to create an awareness in society about the problems faced by men. We wish to present to them the real situation in society. We will also seek to draw the government’s attention to issues concerning men and reiterate our demand for setting up a National Commission for Men and a Men’s Welfare Ministry.” Men in the city are delighted with the move by the men’s organisations.

Welcoming such a survey, Shankar, a graphics designer, says, “I certainly welcome the move. It is high time that facts were presented on this issue.” Women too seem to be for such a survey. Says Dakshayini Sampath, a media professional, “While I think that more number of women suffer domestic violence, it’s also possible that men are victims. I think the law should hold good for both genders and if this survey is going to help bring about a uniform law, then I’m all for it.”

manigandan.kr@timesgroup.com

http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOICH/2010/04/19&PageLabel=19&EntityId=Ar01901&ViewMode=HTML&GZ=T

INVITATION FOR PRESS CONFERENCE ANNOUNCING "JAIL BHARO" CAMPAIGN

INVITATION FOR PRESS CONFERENCE

ON 4 JULY 2010 @ 11:30 AM @ NEWS & SERVICES SYNDICATE (NSS), HYDERGUDA  ANNOUNCING "JAIL BHARO" CAMPAIGN

We, the All India Forgotten Women's Association (AIFWA) and All India Men's Welfare Association (AIMWA), are organizing this Press Conference to announce our support to Mr. Ravindra Gangurde, who has called for a "Jail Bharo Andolan" on 6 July 2010, as a sign of protest against arbitrary arrests of ordinary law-abiding citizens under IPC Sections 498A, 304B, Dowry Prohibition Act and related laws.

Given that today, arrest is inevitable for any man facing allegations of abuse or assault, it is imperative that our fathers, brothers and sons are prepared to go to jail along with us even if they committed no crime. "Jail Bharo" campaign is aimed at freeing ordinary law-abiding male citizens and their kin from the fear of jail and the concomitant feelings of humiliation and suffering so that they do not drive themselves into depression, ruin their health or end their own lives.

We request members of the print and electronic media to attend the Press Conference and provide wide coverage of our event.

Thank you.

Petition to President - Jail Bharo Andolan

 

Petition to President Re Jail Bharo

 

To,                                                                                                          01/July/2010

Honorable President of India,                                                                  Bangalore

President’s Office

Rashtrapati Bhavan, New Delhi – 110011

Subject: National Family Harmony Society (NFHS) along with Indian Family Foundation (IFF), Mother And Sisters of Husband Against Abuse of Law (MASHAAL), All India Forgotten Women’s Association (AIFWA) and All India Men’s Welfare Association (AIMWA), are supporting Mr. Ravindra Gangurde of Shree Shravanbal & Shree Laxman Bhikaji Gangurde Seva Kendra, who has called for a “Jail Bharo Andolan” on 6 July 2010.

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 14500 members all over India. To know more about us please visit www.family-harmony.org / www.498a.org.in.

National Family Harmony Society, hereby, announces our support to Mr. Ravindra Gangurde’s “Jail Bharo Andolan” as a sign of protest against arbitrary arrests of ordinary law-abiding citizens under IPC Sections 498A, 304B, Dowry Prohibition Act and related laws.

The Universal Declaration of Human Rights states: 

• Everyone has the right to life, liberty and security of person.
• No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
• Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
• No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence or to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.

In blatant violation of all the above rights, thousands of husbands and their families are arbitrarily arrested every year, without evidence or investigation, under IPC Sections 498A, 304B, Dowry Prohibition Act, and related wife-centric laws which presume that the accused are “guilty until proven innocent”.

National Human Rights Commission (NHRC) has noted the misuse of dowry laws, arrest of innocent individuals and the resultant overcrowding of prisons. NHRC has urged the judiciary and law enforcement agencies to take measures against these abuses. High Courts across the country and the Supreme Court have condemned the misuse of dowry laws. The Commissioner of Police, Bangalore had issued standing instructions vide memo to check arbitrary arrests. The DGP, Karnataka has also issued a circular to implement 11 guidelines issued by Honorable Supreme Court of India regarding arrests and detention of Individuals in Cr WP No. 539/1986 and Cr WP No.592/1987. By taking note of the heavy misuse of the 498A IPC, recently on October 20, 2009, Union Ministry of Home Affairs had issued an advisory to all the state Governments and Union Territories. National Commission of Human Rights also has issued guidelines regarding arrests.

Nevertheless, abuse of police powers continues and unnecessary arrests have only been growing in the State of Karnataka. Police routinely enter people’s homes at ungodly hours, take accused men and women into custody, and incarcerate them in the name of “protecting women from cruelty and harassment”. Innocent citizens are illegally detained, humiliated, subjected to mental and physical torture, blackmail and extortion. The honor and reputation of these accused individuals is simultaneously attacked through media trial and unrestrained slander by women’s organizations every day. Thousands of men and women have been driven to suicide due to the trauma of false cases, arrest, prolonged trials and the resultant humiliation and financial troubles they have to endure.

According to statistics published by the National Crime Records Bureau in 2007 alone, an overwhelming 94% of the individuals arrested under IPC Section 498A were found not guilty. A closer look at individual cases under Section 498A reveals that arrests are made by lower cadre police officials without proper justification and only with the intent of terrorizing innocent citizens and extorting money from them under the threat of imprisonment and long-drawn legal battles.

Our numerous pleas to the Government of India to stop arbitrary arrests of citizens under IPC Section 498A have fallen on deaf ears. On the other hand, new laws are always on the anvil (sexual assault, work place harassment, acid attacks etc.) which stress on immediate arrest of men upon mere accusations made by women.

While it is amply clear that under the prevailing circumstances, arrest is inevitable for any man facing allegations of abuse or assault, it is imperative that innocent citizens are prepared to go to jail even if they committed no crime. Ordinary law abiding citizens and their kin should be freed from the fear of jail and the concomitant feelings of humiliation and suffering so that they do not drive themselves into depression, ruin their health or end their own lives.

In light of the above facts, we, the National Family Harmony Society (NFHS) along with Indian Family Foundation (IFF), Mother And Sisters of Husband Against Abuse of Law (MASHAAL), All India Forgotten Women’s Association (AIFWA) and All India Men’s Welfare Association (AIMWA), are extending our support to Mr. Ravindra Gangurde of Shree Shravanbal & Shree Laxman Bhikaji Gangurde Seva Kendra, who has called for a “Jail Bharo Andolan” on 6 July 2010.

OUR Demands:

• We request your personal attention to stop the heavy misuse of Gender Biased laws such as 498A, 304B, Dowry Prohibition Act and related laws.
• Direct the Union Government to immediately implement recommendations of Law Commission to make 498A bailable.
• Direct the Union Government to bring in amendment to stop arbitrary arrest of elderly persons, children and pregnant sisters.

Enclosures:

A)   The Commissioner of Police, Bangalore

B)   Circular by The DGP, Karnataka

C)   Advisory by Union Ministry of Home Affairs

D)   Arrest Guidelines by National Commission of Human Rights

E)   Letter from Mr. Gangurde calling for “Jail Bharo Andolan” – Marathi and English Translation

F)    Article from The Sunday Indian; Dowry Law Sec 498(A) – How and why the law is an ass.

P Suresh, President,

9880141531         

National Family Harmony Society

 

http://498amisuse.wordpress.com/2010/07/01/petition-to-president-re-jail-bharo/

Press Release - In support of support to Mr. Ravindra Gangurde's "Jail Bharo Andolan"

PRESS RELEASE

 

ALL INDIA FORGOTTEN WOMEN'S ASSOCIATION (AIFWA)

&

ALL INDIA MEN'S WELFARE ASSOCIATION (AIMWA)

 

28 June 2010

All India Forgotten Women's Association and All India Men's Welfare Association, hereby, announce their support to Mr. Ravindra Gangurde's "Jail Bharo Andolan" as a sign of protest against arbitrary arrests of ordinary law-abiding citizens under IPC Sections 498A, 304B, Dowry Prohibition Act and related laws. We submitted a letter today to the Commissioner of Police, Hyderabad to request for permission to stage a peaceful demonstration.

The Universal Declaration of Human Rights states:
* Everyone has the right to life, liberty and security of person.
* No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
* Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
* No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
In blatant violation of all the above rights, thousands of husbands and their families are arbitrarily arrested every year, without evidence or investigation, under IPC Sections 498A, 304B, Dowry Prohibition Act, and related wife-centric laws which presume that the accused are "guilty until proven innocent".

India's National Human Rights Commission (NHRC) has noted the misuse of dowry laws, arrest of innocent individuals and the resultant overcrowding of prisons. NHRC has urged the judiciary and law enforcement agencies to take measures against these abuses. High Courts across the country and the Supreme Court have condemned the misuse of dowry laws. The Commissioner of Police, Hyderabad issued standing instructions through a memo vide No.L&O/M6/1315/2002 to check arbitrary arrests. The AP Police Dept. has even launched a web page entitled "Abuse of 498A" on the Dept. website.
Nevertheless, abuse of police powers continues and unnecessary arrests have only been growing in the State of AP. Police routinely enter people's homes at ungodly hours, take accused men and women into custody, and incarcerate them in the name of "protecting women from cruelty and harassment". Innocent citizens are illegally detained, humiliated, subjected to mental and physical torture, blackmail and extortion. The honour and reputation of these accused individuals is simultaneously attacked through media trial and unrestrained slander by women's organizations every day. Many men and women have been driven to suicide due to the trauma of false cases, arrest, prolonged trials and the resultant humiliation and financial troubles they have to endure.

According to statistics published by the National Crime Records Bureau in 2007 alone, an overwhelming 94% of the individuals arrested under IPC Section 498A were found not guilty. A closer look at individual cases under Section 498A reveals that arrests are made by lower cadre police officials without proper justification and only with the intent of terrorizing innocent citizens and extorting money from them under the threat of imprisonment and long-drawn legal battles.

Our numerous pleas to the Government of India to stop arbitrary arrests of citizens under IPC Section 498A have fallen on deaf ears. On the other hand, new laws are always on the anvil (sexual assault, work place harassment, acid attacks etc.) which stress on immediate arrest of men upon mere accusations made by women.
While it is amply clear that under the prevailing circumstances, arrest is inevitable for any man facing allegations of abuse or assault, it is imperative that our fathers, brothers and sons are prepared to go to jail along with us even if they committed no crime. Ordinary law abiding male citizens and their kin should be freed from the fear of jail and the concomitant feelings of humiliation and suffering so that they do not drive themselves into depression, ruin their health or end their own lives.
In light of the above facts, we, the All India Forgotten Women's Association (AIFWA) and All India Men's Welfare Association (AIMWA), extend our support to Mr. Ravindra Gangurde, who has called for a "Jail Bharo Andolan" on 6 July 2010. On behalf of our fathers, brothers and sons, we sought the permission of the Commissioner of Police, Hyderabad, to conduct a peaceful demonstration (of not more than 50 persons) near the Women Police Station, CCS, Hyderabad, between 10:00-11:00 a.m. on 6 July 2010 and personally submit a memorandum.

The following material was submitted as enclosures along with the letter:
1) English translation of letter from Mr. Gangurde calling for "Jail Bharo Andolan".
2) Article from India Post; Dowry Law Sec 498(A) – How and why the law is an ass. (Special Report – English)
3) Memo issued by Commissioner of Police, Hyderabad – No.L&O/M6/1315/2002. (Hyderabad CP's Memo)
4) A.P. Police webpage on "Abuse of 498a". (AP Police – Ladies Special)
5) Letter from the Ministry of Home Affairs to Mr. Gangurde.

 

http://uchalla.wordpress.com/2010/06/28/press-release-jail-bharo/

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

“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.

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

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

INVITATION FOR PRESS CONFERENCE ON 20 JUNE 2010 – FATHERS' DAY

INVITATION FOR PRESS CONFERENCE
ON 20 JUNE 2010 – FATHERS' DAY
@ 11:30 AM
@ NEWS & SERVICES SYNDICATE (NSS), HYDERGUDA
Subject: Fathers' Day becoming Fatherless Day
Fathers' Day is celebrated on the third Sunday of June every year, but for many children 20th June will be a Fatherless Day this year.
Every year more and more children are becoming fatherless thanks to the Family Courts which grant sole and total custody of children to mothers, with total disregard to the love and affection that fathers and children have towards each other.
Indian Family Courts appear to have declared a war against fathers and are adopting every possible means to create a "fatherless society" and to reduce men to mere ATM machines and sperm donors.
All India Men's Welfare Association (AIMWA) is conducting this Press Conference to convey the concerns of fathers separated from children and to send a message to their children that their fathers have not abandoned them, that their fathers love them, care for them and yearn to see them.
We request representatives of the print and electronic media to please attend the event in large numbers and be the voice of the fathers who want to reach out to their children.
Sincerely,
President
All India Men's Welfare Association (AIMWA)

Memorandum On the occasion of Fathers’ Day- Seeking justice for Fathers and Children separated due to marital discords

 

Memorandum On the occasion of Fathers’ Day

18th June, 2010

To

Sri Nisar Ahmad Kakru

Hon’ble Chief Justice

High Court of Andhra Pradesh

Subject: Seeking justice for Fathers and Children separated due to marital discords

Hon’ble Justice Kakru,

We seek your personal and valuable intervention in setting right the gross injustice being done to men and children in matters of matrimonial conflicts where custody of children is granted only to women, with total disregard to the love and affection that fathers and children have towards each other.

Fathers are denied custody as a rule rather than an exception. If at all visitation is ordered to fathers, it is limited to 30 min or 1 hour in a month contrary to the requirement of the UN resolution that no child should be denied access to either of the parents.

We are constrained to bring to your notice that Indian Family Courts appear to have declared a war against fathers and are adopting every possible means to create a “fatherless society” and to reduce men to mere ATM machines and sperm donors.

Family Courts have adopted the unhealthy practice of

• Depriving fathers of the right to love and care for their biological children.
• Forcing fathers to pay huge sums of money to support children they are not allowed to see.
• Encouraging false allegations of abuse to paint fathers as unfit parents.
• Permitting multiple legal battles to eliminate biological fathers from their children’s lives.
• Passing ex-parte orders based solely on the allegations made by a child’s mother.
• Allowing mothers to brazenly disobey visitation orders without legal repercussions to them.
• Allowing biological fathers to be labelled “kidnappers” for trying to make contact with their own children.
• Prolonging custody/visitation matters for years, thereby driving fathers into financial and emotional bankruptcy and forcing them to give up the desire to see their children.

Cases filed in Family Courts linger on indefinitely while wives enjoy full custody of children, interim maintenance and child support at the expense of husbands.

The attitude of the Family Courts in the matters of ordering child custody/visitation, maintenance and alimony is completely biased against husbands.

While there is much emphasis on a wife’s rights on husbands and children, no order is passed on the responsibilities of a wife towards herself and her matrimonial family. Husbands, on the other hand, are heaped with disproportionate responsibilities with no rights over their wives or children.

The brazenly anti-male mindset of Indian Family Courts is making it a crime to be born male in India. The continued onslaught on men and manhood is gradually destroying the faith of men on the system of marriage and societal values as a whole. As a result many men are being forced to commit suicide or shun marriage altogether paving the way for a fatherless society full of single mothers in the future.

We request the Hon’ble Chief Justice to ponder over these issues and contribute towards promoting a congenial atmosphere in the Family Courts for men, women and children.

On the occasion of Fathers’ Day, we wish to make the following demands:

Reforms in Mediation Counseling and Pleadings:

1. The presence of and pleadings by Advocates in the Family Court and mediation process should be eliminated as mandated by the Family Courts Act.
2. Persons who are professionally qualified and have a balanced perspective on family and society should be appointed as counsellors and mediators.
3. Counsellors and mediators should be adequately compensated fixing a rate of at least Rs. 20,000 per case, made payable by the spouses equally.
4. Mediators should be given exclusive powers to decide on dates and adjournments and should be required to conduct mediations and counselling throughout the year without holidays.
5. No in-camera and chamber proceedings should be held unless absolutely necessary and the purpose duly recorded in the Court register.

Perjury

1. Courts should order perjury and contempt proceedings in case of exaggerated statements and false allegations or affidavits related to employment, earnings, cruelty etc. when such allegations are proved to be false.
2. Spouses making false allegations should be punished under the appropriate sections of the Indian Penal Code.

Child Custody matters:

Family Courts should ensure that both parents are given equal custody of children irrespective of the accusations of either party (such as a mother being adulterous or a father being a drunkard). The practice of showing children for 30 minutes or 1 hour like a TV show to a father without providing him an opportunity to demonstrate his fatherly care and affection should be done away with. We strongly denounce the attitude of the Family Courts which consider children as the exclusive property of the wife and totally deny access to the husband and his family while passing interim and final orders.

We strongly condemn the belief of the Family Courts that the husband alone is bound to earn and maintain his wife and children, even though the wife is either earning or sufficiently qualified to earn.

The practice of passing orders for monetary compensation, should be done away with and instead, parents should be directed to share the responsibilities like buying medical insurance, pay the school fee, purchase clothes, books etc., for children based on their respective and combined financial capacities.

The following steps should be immediately taken by Family Courts across the country to uphold the rights of fathers and ensure the welfare of children:

• 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.
• When a person or couple approaches court for divorce, counseling of the parents by professional counselors should be given first priority.
• 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.
• Both parents should be given financial responsibility of the child proportionate 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.

We submit that our demands are just and reasonable and that the non-implementation of our demands will result in serious consequences to men, women, children, families and the society as a whole.

We enclose, herewith, the petitions signed by hundreds of fathers in the Family Courts in Hyderabad.

We look forward to your prompt intervention and necessary action in this regard.

Sincerely,

President

All India Men’s Welfare Association (AIMWA)

CC:

1. Hon’ble Principal Judge

Family Court

City Civil Court, Hyderabad

2. Hon’ble Principal Judge

Family Court

City Civil Court, Secunderabad

3. Hon’ble Principal Judge

Family Court

Ranga Reddy Dist. Court, L.B. Nagar

4. Hon’ble Principal Judge

Family Court

Nampally, Hyderabad

Memorandum To Chief Justice of high court On the occasion of Fathers’ Day

P R E S S    R E L E A S E

Memorandum To chief justice of high court

On the occasion of Fathers’ Day

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 14500 members all over India. To know more about us please visit www.family-harmony.org / www.498a.org.in.

NFHS has submitted a memorandum to Honorable Chief Justice of Karnataka, Shri P D Dinakaran seeking justice for Fathers and Children separated due to marital discords.

On the occasion of Fathers’ Day, NFHS makes the following demands:

Reforms in Mediation Counseling and Pleadings:

• The presence of and pleadings by Advocates in the Family Court and mediation process should be eliminated as mandated by the Family Courts Act.
• Persons who are professionally qualified and have a balanced perspective on family and society should be appointed as counsellors and mediators.
• Counsellors and mediators should be adequately compensated fixing a rate of at least Rs. 20,000 per case, made payable by the spouses equally.
• Mediators should be given exclusive powers to decide on dates and adjournments and should be required to conduct mediations and counselling throughout the year without holidays.
• No in-camera and chamber proceedings should be held unless absolutely necessary and the purpose duly recorded in the Court register.

Perjury

• Courts should order perjury and contempt proceedings in case of exaggerated statements and false allegations or affidavits related to employment, earnings, cruelty etc. when such allegations are proved to be false.
• Spouses making false allegations should be punished under the appropriate sections of the Indian Penal Code.

Child Custody matters:

Family Courts should ensure that both parents are given equal custody of children irrespective of the accusations of either party (such as a mother being adulterous or a father being a drunkard). The practice of showing children for 30 minutes or 1 hour like a TV show to a father without providing him an opportunity to demonstrate his fatherly care and affection should be done away with. We strongly denounce the attitude of the Family Courts which consider children as the exclusive property of the wife and totally deny access to the husband and his family while passing interim and final orders.

We strongly condemn the belief of the Family Courts that the husband alone is bound to earn and maintain his wife and children, even though the wife is either earning or sufficiently qualified to earn.

The practice of passing orders for monetary compensation, should be done away with and instead, parents should be directed to share the responsibilities like buying medical insurance, pay the school fee, purchase clothes, books etc., for children based on their respective and combined financial capacities.

The following steps should be immediately taken by Family Courts across the country to uphold the rights of fathers and ensure the welfare of children:

• 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.
• When a person or couple approaches court for divorce, counseling of the parents by professional counselors should be given first priority.
• 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.
• Both parents should be given financial responsibility of the child proportionate 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.

Helpline operated by NFHS in Bangalore

• 9880141531, P Suresh, President, Family Harmony Society
• 9731569970, M Mahesh, General Secretary, Family Harmony Society

For more information please contact

P Suresh, President,                                                M Mahesh, General Secretary,

9880141531                                                          9731569970

You are also requested to visit

www.498a.org.in / www.family-harmony.org

“NATIONAL FATHERS DAY RALLY” on 19th June

 

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CHILDREN’S RIGHTS INITIATIVE FOR SHARED PARENTING (Regd. NGO)
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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.
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Details of the function:
Time : 10:00 AM to 1.30 PM
Venue : Mahatma Gandhi Statue, MG Road, Bangalore.
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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.
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Parental Alienation: Psychological Effects on the Child
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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!
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Judicial & Governmental Apathy: Anti-Child, Anti-Father & Anti-Family
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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.

AIMWA to boycott family courts today

AIMWA to boycott family courts today

Staff Reporter

HYDERABAD: Members of All India Men's Welfare Association (AIMWA) have given a one-day boycott call of family courts on Friday, June 18, two days before the Father's Day, to protest against the family court system. The members on Wednesday alleged that family courts discriminate against fathers by separating them from having access to their biological children.

Uma Challa of AIMWA, while talking to media persons, said that family courts are forcing fathers to pay huge sums of money to support children with whom they are not allowed to meet. The family courts are encouraging false allegations of abuse to project fathers as unfit parents.

“Family courts allow mothers to disobey visitation orders without any legal repercussion.

The courts are prolonging custody and visitation matters for years, thereby driving fathers into financial and emotional bankruptcy,” she said.

The AIMWA members demanded that the family courts immediately recognise that denying access to one's own children is abuse of human rights and depriving children of the love and care of their biological fathers is abuse of basic rights of children. “We will hold protest meeting in front of the Nampally court on that day,” she said.

http://www.hindu.com/2010/06/18/stories/2010061861110700.htm