Showing posts with label National Commission for Protection of Child Rights. Show all posts
Showing posts with label National Commission for Protection of Child Rights. Show all posts

Sunday, May 29, 2011

Torn between Mom and Dad

Torn between Mom and Dad

By GEETA PADMANABHAN

When a marriage sours, it is the children who are affected the most. Torn apart, feeling guilty, children of broken homes cope with the trauma in different ways and the effects can be long-lasting. Counselling and love can hold out the hope of healing, says GEETA PADMANABHAN.

 

Balki, 40, married, with two kids and a high-income job, constantly picks on his mother

 

smlead

“You and dad kept quarrelling, not an ideal situation to grow up in,” he charges. “I have what it takes, would have done better if you'd spent more time with me.”

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

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

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

 

Insensitive parents

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

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

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

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

 

Extreme reactions

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

PHOTO: K. MURALI KUMAR

girl child 

Spare the child the uncertainty...

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

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

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

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

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

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

 

Counselling helps

Compulsory counselling for kids in all divorce cases and group sessions with other kids are some of the suggestions. Kids need to be assured that separation does not mean parents don't love them, says Magdalene.

“Say it a billion times, ‘It is not your fault, you have a life to live, you have a right to happiness'. Equip him to control what is within his control, but the best gift you can give the kid is to love your spouse.”

The names of children and parents have been changed.

Helpline for Centre For Counselling: +91-98847-00164 / +91-98847-00106

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

Saturday, June 19, 2010

“NATIONAL FATHERS DAY RALLY” on 19th June

“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:
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• 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.

Friday, June 18, 2010

Men take up cudgels against prolonged court procedures

 

Men take up cudgels against prolonged court procedures

Meghana Chandra BANGALORE, June 18, 2010

In the run-up to Father's Day, the All India Men's Welfare Association (AIMWA), Hyderabad, has called for a nationwide boycott of the family courts on Friday as a sign of protest against the poor performance of family courts in India.

The agitation — being organised by groups in Hyderabad, Lucknow, Delhi, Chennai and Bangalore — is aimed at creating awareness of what they allege is the discrimination against fathers in custody cases.

Boycotting courts

Said P. Suresh, president, National Family Harmony Society (NFHS): “We want to boycott the courts to protest against the injustice done to fathers on a regular basis. Most divorce cases are prolonged, and judgments delivered years later.”

Speaking of his own situation, Mr. Suresh said his case, which began in 2006, hasn't reached the cross examination stage even after four years.

“I'm allowed to see my child every alternate Saturday for two hours: this is not a meaningful relationship with your child,” he said.

Child custody

The AIMWA and the NFHS and other organisations across the country are also submitting a petition to amend the procedure by which child custody cases are dealt with in family courts and members will not pay maintenance till their demands are met.

When asked to elaborate, Mr. Suresh said: “We will pay all expenses — including school fees and books — but we won't pay child support as this is a monetary provision that is consistently misused.”

Fast track courts

The NFHS is demanding that fast track courts be instituted to deal with custody cases, that a separate Divisional Bench be set up in the High Courts and Supreme Court to address appeals on custody matters, that the shared parenting concept be incorporated in judgments, and counsellors appointed in all child custody matters.

http://beta.thehindu.com/news/cities/Bangalore/article472014.ece

Fathers’ day – To celebrate for some lucky ones but to mourn for majority fathers

 

 

Father’s Day: Spare a thought to those suffering from legal battles over child custody

As usual, the doctor appeared quite confident of his success. And why wouldn’t he? One of the perks that came with a professional life that boasted of successfully handling thousands of such ‘critical’ cases over the last 10 years or more was confidence. Only the place and predicament were different this time. Standing firmly in the witness box, he was used to the public gaze that never unnerved him. But there was somebody sitting in the front row of the room, constantly staring at the him; quite discomforting for him. Finally, the judge delivers the verdict. The doctor has lost the case. Standing stunned for a few minutes, he suddenly turns into a picture of contrast.

Confidence gave way to anxiety; hands, which were always firm in wielding the scalpel, started trembling; eyes, which had never exhibited emotions, became moist. He collapses and breaks down in tears.
The ‘somebody’ sitting in the front row seat was his daughter. Dr Anand Parekh had not met Shruti for a year, and had been fighting for her custody since last six years.

Now, he has lost all—his daughter as well as interest in life. While the world will celebrate Father’s Day this Sunday, for many like Dr Parekh it will be a day to mourn. “What’s the point in being a father when you are deprived of your child,” said a devastated Dr Parekh. “Just because I didn’t give birth to her, doesn’t mean I can’t bring her up properly. A father can also be a mother.”
Fast-food culture, fast-paced life and fast disintegrating families — India has seen all in the last decade or so. The only two things that have not changed perhaps are the excruciatingly slow pace of justice, and a notion that man can’t play the role of a mother.
“It’s an old notion and goes back to the time when women didn’t have a professional life and took care of the family,” said S Susheela, a Bangalore-based advocate practising in the Karnataka High Court.
“So, it was thought that she could bring up the children in a more proper manner and spend more quality time with them. But now such a notion no longer holds true.” These days both the parents are working and can equally bring up the child, she adds. “For a child, both the parents are equally important and his/her isolation from either of them should be condemned.”
Most of the child custody battles in the country, unfortunately, have become a man versus woman fight, a fight in which the child is used as a pawn.

“We had a divorce by mutual consent and it was decided that my five-year-old son would stay with me. But after seven months, my wife files a case in the court saying that she is the natural guardian and court grants her permission to take away my son,” says Sunil Dabas, who works as a manager in one of the MNC banks in New Delhi.
“I used to bathe my little son, prepare his school lunch box, drop him to the school and play cricket with him every evening. And one fine day I am told that I can’t bring up my child properly because that can be done in a better way by a woman!,” says Sunil with a choked voice.

CRISP (Children’s rights initiative for shared parenting), a Bangalore-based NGO formed by parents, mostly fathers, fighting for the custody of their children, has been advocating the need for speedy justice and shared parenting. “My daughter was studying in 1st standard when I got separated from her.
Now she is in 10th and I am still fighting for her,” says Kumar V. Jahgirdar, founder of CRISP, who has been engaged in a legal battle with her former wife since 1999. “Can I get back those golden 10 years of my daughter’s life when she was growing up,” asks an aggrieved Kumar who still feels that he would get justice.

The tardy legal system has in fact turned India into a hot destination for NRI parents, especially mothers, escaping with their children as they know that Indian judicial system will take too long in deciding the case.
“There has been a dramatic jump in the number of such NRI cases,” says PBA Srinivasan, a New Delhi-based advocate practicing in the Supreme Court. “And the motive in most of such cases is either extracting money from the estranged partner or settling an ego battle.”

While the NRIs may be taking advantage of the legal system, millions in India have lost hope in the judiciary. “Lucky are those who are embedded in closely-bonded communities with well functioning and responsible biradari/jati (lineage/caste) panchayats because they do not need to depend on sarkari (state) courts to resolve their marital disputes and the future of their children,” said Madhu Kishwar, a human rights activist and professor at Centre for the Study of Developing Societies.

“If our judicial system can’t give justice to the Bhopal victims, do you think it can handle in a sensitive manner the fates of traumatised children who are at the centre of custody battles?”
Indeed, custody battles are not only about the hapless fathers who are deprived of the love and affection of their children and are at the receiving end of the judicial system.

It’s also about another silent victim — the child. In the 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.
However, in India no such studies have been conducted but the results of a fatherless society could be devastating. “Father is the epitome of security, authority and support,” says Dr Jayanti Dutta, a consultant clinical psychologist.

“And if the father is not there, for whatever reason, that sense of security is gone. A mother may take on paternal role along with the other roles that she is playing simultaneously. But there is likely to be a role conflict,” adds Dr Dutta. “Just by wearing a western outfit, a woman doesn’t become a man.”
Sandhya Bajaj, member, National Commission for Protection of Child Rights (NCPCR), says: “It’s ultimately the child who is the loser. As long as parents play dirty games against each other and use the child as a pawn to settle scores, no solution could be found.”

At the end of the day, it’s the children who pay the biggest price for the irresponsibility of their parents. “Very few people ask themselves whether they are really fit to be parents. They end up producing children simply because they are biologically capable and it is a thing to be done,” says Ms Kishwar.

“One should avoid producing children if one can’t provide them a stable secure family life.” A thought for the day, come Sunday

http://economictimes.indiatimes.com/News/News-By-Industry/ET-Cetera/Fathers-Day-Spare-a-thought-to-those-suffering-from-legal-battles-over-child-custody/articleshow/6060577.cms?curpg=2