misusing grossly antimen laws like Sec. 498A of IPC, DV Act, Sec 125
CrPC etc.It is not only setting right the gross injustice being done
in the matters of matrimonial conflicts towards men by providing
custody of children only to women, with total disregard of the love
and affection the father and children have towards each other.
Fathers are denied custody as a rule rather than an exception. If at
all visitation is ordered to the fathers, it is limited to 30 min and
1 hour in a month contrary to the requirement of UN resolution that no
Child should be denied access to either of the parents.Cases linger on
for indefinite periods with wives enjoying at the cost of husbands by
way of interim maintenance, which is unfair since men are made to bear
the perpetual cross for women's irresponsible behaviour. Even Father
will not get custody even child wanted to be with him. it is not only
gross violation of Personal and human rights of Father as well as
Child.
On a simple complaint by a wife that she is being tortured for dowry,
husbands and their aged parents are being arrested without even an
iota of inquiry about the veracity of the complaint.
Is the assumption of the police and judiciary that all men are
criminals ? Even sisters of the husbands along with their tiny tot
children are arrested with impunity, simply because the wife has
listed her names in the complaint. We request the Hon. Chief Justice
to put an end to this unfair practice. Law think All wimen are victims
and men are villain.
During the years 2005 and 2006, 52,483 and 55,452 married men have
committed suicide as against 28,188 and 29,869 married women. One of
the chief causes of such high suicide rate is the trauma that the
husbands udergo in the hands of unscrupulous women who attack them
with spurious dowry torture complaints.
The infamous "Sec. 498A of IPC" comes in handy for them to torture the
husbands and their families.
In order to save the lives of poor husbands, the Hon. Chief Justice
may pass such orders that divorce is ordered automatically if 498A
complaint is lodged by the wife, in keeping with the natural logic
that no family life is possible with husband and in-laws after a
complaint of such serious nature is proffered against them.
Judicial dispensation in the matters of ordering maintenance and
alimony is totally biased against the husbands. When everyone talks
about the rights of wives on husbands, no order is passed on the
responsibilities of wives towards the husbands and in-laws, let alone
the rights of husbands over wives. Why should the husbands be turned
into "Free ATM machines" for the wives to enjoy life without work or
any responsibility? What does the husband get in return for doling
away his hard-earned money to a wife who ran away from her matrimony
and its attendant responsibilities? We request Hon. Chief Justice to
ponder over these issues and create a congenial atmosphere in the
society for the men to live in peace and not dreading the onslaught of
gender-biased laws that may take the toll of his life.
The laws that men have to provide for wives, even if she is estranged,
was formed when the men alone were the sole breadwinners of the family
and women were mere home makers. But the present situation has
undergone a sea-change, such that women are equally qualified if not
better compared to men. In fact the number of girls admitted to the
medical colleges in Tamil Nadu is more than the number of boys. There
are many vocations where women outnumber men and there are many such
jobs such as call centers which employ 100% women. Besides, many women
employees earn more than men of comparable qualifications in BPOs and
software companies. Under the circumstances, we implore Hon. Chief
Justice to reflect as to whether it is still fair to make the husbands
bear the burden of maintenance and alimony for the wife when she is
not living with him, for whatever reason.
More than 98% of men have faced Domestic Violence at some point of
time in their lives at the hands of their wives and in-laws in terms
of verbal abuse, physical abuse, economical abuse, cheating,
infidelity and mental harassment on an average in the first 3 years of
marriage. But here is no law to provide solace to men.
Relationship discords are misclassified as Violence, Crime, Cruelty
etc., but women are exempted from punishment while men are mercilessly
sent to jail without evidence and on Ex parte orders.
An offence must be treated as an offence be it committed by Man or
Women. Exempting women from punishment for crimes committed by them is
against the purport of Article 15(3) of our Constitution
The prevailing biased anti-men laws of India encourage unscrupulous
women to raise false allegations against men like dowry harassment,
sexual harassment, relationship cheating or any other form of social
abuse. It has become a fashion for society women, women-centric NGOs,
feminists and biased media in India support and pamper unscrupulous
women to indulge in vexatious litigation to traumatize husbands and
their parents and extort huge ransom from them.
All the available gender neutral laws under IPC have a clause of
punishment for abusers of those laws, whereas there is no such clause
in any of the women-centric laws viz: 468A, DV Act etc, which is a
clear violation of the article 14 of the Indian Constitution and
blatant discrimination against the male gender.
At present, Indian law considers Adultery as a crime when committed by
Indian men but not so when committed by women, which also betrays a
diabolical discrimination against men.
By this brazenly anti-male mindset of the law, judiciary and the
rulers, men of India have started to feel that it is fundamentally a
crime to be born a male in India.
At this juncture, we wish to bring to the notice of Hon. Chief Justice
that such anti-men mindset and continual onslaught on men will
demolish the faith of young men on the system of marriage and the
societal values as a whole. An young man with lofty ideals about
marriage and conjugal life will disheartened by the abject anti-men
bias that pervades the society which gets reflected in the judicial
dispensations. The result may be that he will be driven to suicide or
he will shun marriage altogether paving the way for a fatherless
society full of single parents in future.
Whenever a married woman dies due to any reason - be it accident,
illness or suicide for any reason unknown, it is escalated into the
realm of dowry death and the husband is immediately arrested. But
large scale suicides by men owing to domestic violence perpetrated on
them are not even getting noticed let alone imparting justice to them.
At present, Indian law considers Adultery as a crime when committed by
Indian men but not so when committed by women, which also betrays a
diabolical discrimination against men.
By this brazenly anti-male mindset of the law, judiciary and the
rulers, men of India have started to feel that it is fundamentally a
crime to be born a male in India.
REMEDIES :
1. Disposal of Cases:
The High Court shall ensure that all matrimonial cases be disposed
within a period of one year by the Family Courts.
The High Court to officially state that no new cases to be taken till
the old ones are disposed;
The High Court shall make it mandatory before admitting the case for
enquiry that pre-trial mediation under the provisions of Arbitration
and Conciliation act 1996 within a fixed time frame on a daily basis;
The High Court shall suo moto transfer all long-pending ( one year and
above) cases to the City Civil Courts to dispose of within a time
limit.
2. Reforms in Mediation Counseling and Pleadings Banning the presence
& pleadings by Advocates in the family Court and Mediation
The High Court shall nominate NGOs', retired social welfare officers
as counselors and mediators. They shall be adequately compensated
fixing a rate of at least Rs20000/= per case payable by the spouses
equally.
The High Courts shall ensure that mediators are given exclusive powers
to decide on dates, adjournments and mandate them to dispose
mediations & counseling quickly, without holidays.
The High Court shall frame rules for conduct of family courts as
recommended by NCW with appropriate modifications.
The resolutions passed by the Chief-Ministers & Chief-Justice
conference shall be implemented in its true sprit.
The High Court shall ensure that no in-camera and chambers proceedings
are held unless absolutely necessary.
The High Court shall ensure when a Husband is arrested at the instance
of the wife on 498A case, automatic divorce to be granted on
application of divorce by either of the spouse.
3. Child Custody matters:
The High Court shall ensure that equal custody of children are given
to both spouses irrespective of allegations of mother be adulterous or
father being a drunkard.
The practice of child being shown a la TV episode to a father without
providing an opportunity to show his fatherly care and affection, is
to be discouraged.
We strongly deprecate the attitude of the courts which consider the
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 deprecate the basic philosophy of the Family Courts that
Husband alone is bound to earn and maintain the wife and children,
even though the wife is either earning or sufficiently qualified to
earn. The practice of passing orders for monetary compensation alone,
instead of directly ordering medical, insurance and school-fee
payment, purchase of clothes etc., for the children is also considered
highly irregular, in view of the fact that there is no guarantee that
cash given for such purposes really reach the children to fulfill
their basic needs.
4. Interim Orders
The High Court shall ensure that interim orders are passed at the
earliest and at the discretion of the officers in respect to
maintenance and custody.
The High Court shall ensure the trial is not withheld over an
indefinite period due to non-execution of interim orders.
5. Perjury
The High Court shall order perjury and contempt proceedings in respect
of exaggerated or false allegation in respect of employment, earning
and cruelty when such allegations are proved to be false. And spouses
making false allegations are to be punished.
Above said Remedies will not violate anyone human / Personal rights,
it gives equal oppertunity to all Citizens of the country, but Indian
Judiciary / Government Turn Blind Eye on such Changes.
Because for Lawyers,Police Judges,Feminists and women organizations
its a Money making Oppertunity.
For government its a Election issue and encash Vote with women issues.
RAJESH VAKHARIA
SAVE INDIAN FAMILY FOUNDATION
NAGPUR..
MO.NO. 98909 74788
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