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/

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

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