Fathers’ Day becoming Fatherless Day

Press Release

On the occasion of Fathers’ Day – 20 june

Subject: Fathers’ Day becoming Fatherless Day

Fathers’ Day is celebrated on the third Sunday of June every year, but for many children 20^th 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.

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

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.

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. Even in the few cases where fathers manage to obtain visitation rights, no action is taken against mothers who disobey the orders. On the other hand, fathers who try to visit their children are accused of trying to kidnap their own children.

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 strongly denounce the attitude of the Family Courts which consider children as the exclusive property of the mother and totally deny access to the father and his family. 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.

Family Courts should ensure that fathers are given equal custody and unhindered access to children that mothers enjoy. 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.

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

AIMWA led a Nationwide Boycott of Family Courts on 18^th June 2010, to highlight the above issues. A peaceful protest was held in the Nampally Court premises. A memorandum was submitted to the Hon’ble Chief Justice of High Court of AP and the Principal Judges of Family Courts in the city stating that the demands we made were 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. Over 400 fathers and 50 supporters have signed the petition containing out demands in the Family Courts in Hyderabad.

Fathers’ Day – Memorandum

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

Marriage Laws Amendments Bill – 2010

Indian society was introduced to the concept of “divorce” with the advent of the Hindu Marriage Act (HMA) in 1955. The HMA was introduced to enable women who could not tolerate marriage to legally liberate themselves from wedlock.

Accordingly, the Act enumerates circumstances in which a marriage can be legally broken but does not explain what marriage means nor does it enumerate the responsibilities of a wife and husband towards themselves, each other, their children, both sides of the family or the society.

The most common grounds for divorce – cruelty, desertion, impotence, adultery etc. – are not only poorly defined, but are also difficult to prove. Nevertheless, given that a divorce cannot be initiated by a spouse in any other manner, he/she is forced to make a variety of allegations on his/her partner to justify divorce under any one or a combination of the above mentioned grounds for divorce.

Scores of cases are also filed by wives every year under Sections 498A of IPC, Domestic Violence Act, Dowry Prohibition Act, and related civil and criminal laws to strengthen their divorce cases, to alienate children from their biological fathers, and to extract huge amounts of money as alimony and maintenance from husbands.

Given that these grounds for divorce require the petitioner spouse to make the worst kind of allegations which only end up antagonizing his/her partner, it is not surprising that counter allegations follow and over time, even the slightest possibility of reconciliation is destroyed. Marriages which could otherwise have been saved break down irretrievably and end up in divorce. It is no wonder the Supreme Court of India observed that the Hindu Marriage Act has broken more families than it has united.

It is also a fact that Indian society has still not accepted divorce as a respectable option in life. As a result, women who appear to be relatively more sensitive to public disapproval, feel constrained to make allegations of cruelty, dowry harassment, desertion and other serious accusations against husbands and their families when, in reality, they have unilaterally made the decision to end their marriage for various reasons which may or may not be valid or acceptable according to the society, or their respective peer groups

Complicating the issue further, the Indian judiciary has taken up the grand agenda of saving marriages. Courts take years to grant divorce in the hope that somehow, a husband and wife will “reconcile” and “reunite” after exchanging vicious allegations against each other and after turning into bitter enemies who cannot stand to even see each other. The cases are dragged over many years, ignoring the natural physical, psychological and biological needs of young men and women, and cause irreparable damage to their individual lives.

The dilemma facing us is that the Indian society and the agenda of the Courts are in direct conflict with the Hindu Marriage Act, and instead of enabling women to free themselves from wedlock they end up trapping both men and women in a deadlock.

The trauma of false allegations, criminal cases, separation from children and the burden of paying huge amounts of money as maintenance are making men so miserable that thousands of men are ending their own lives every year. Recently, incidents of husbands murdering their spouses are also becoming commonplace.

There are also a growing number of women who realize a little too late that they have made a mistake or have been misled, but cannot go back and restore their marriage after it has been irretrievably broken by the legal machinery. Owing to delays in obtaining divorce they are unable to move on, are forced to remain single and are often exploited due to their emotional vulnerability.

The Law Commission has repeatedly made recommendations to make irretrievable breakdown of marriage a ground for divorce, and the Supreme Court of India has passed quite a few judgments to set legal precedents in this matter. Many ordinary citizens have been denied divorce even after 15 years of bitter legal battles. However, it was not until a Union Cabinet Minister’s daughter was denied divorce that the Cabinet decided it was time to make amendments to Indian Marriage (read “Divorce”) laws.

Do we welcome the amendment introducing a new long-awaited ground for divorce?

Irretrievable breakdown of marriage as a ground for divorce would be a welcome change if and only if it will put an end to

• the toxic culture of making baseless and false allegations of abuse and cruelty to obtain divorce.
• the mindless practice of painting fathers as abusive and unfit parents and separating them from children.
• the business of daylight robbery in the name of alimony and maintenance to the wife.
• the custom of prolonged legal battles which end up destroying the lives of men, women and children.

Most importantly, the amendments should not send out a wrong message that divorce is now going to be easy and open floodgates for soaring divorce rates.

Fathers’ Day Placards

Please click the following link to download Fathers’ Day Placards:

Fathers’ Day Placards

Press Release – Nationwide Boycott of Family Courts

PRESS RELEASE

Nationwide Boycott of Family Courts

On 18 June 2010 – Friday before FATHERS’ DAY

*******

All India Men’s Welfare Association (AIMWA) is an organization formed to protect the Constitutional and Human Rights of men and boys. We fight against gender discrimination, legal terrorism and every other form of abuse suffered by men and boys.

AIMWA is organizing a Nationwide Boycott of the Family Courts on 18 June 2010 – the Friday before Fathers’ Day – as a sign of protest against the Family Court system which blatantly discriminates against fathers, heartlessly separates them from and prevents their access to their own biological children.

We concur with the recent observation of the Hon’ble 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.

Indian Family Courts have declared a war against fathers and are adopting every possible means to create a “Fatherless Society”. The modus operandi of the Family Courts includes:

• 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 by mothers 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 her.
• 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.

It is time everyone recognizes that

–         denying access to one’s own  biological children is abuse of human rights.

–         depriving children of the love and care of their biological father is abuse of children’s rights.

AIMWA hereby registers its vehement protest against the separation of fathers from their biological children, and the concomitant violation of Human Rights perpetrated by the Family Court system against fathers and children.

AIMWA shall continue to agitate against the Family Court system until the following demands are met:

• 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.

AIMWA hereby calls upon all fathers to

–         Join our Nationwide Boycott of Family Courts on 18 June 2010 as a symbol of protest against the creation of a fatherless society!

–         Sign our Petition listing out the changes we demand from the Family Court system in child custody matters!

–         Refuse to pay maintenance and child support unless the aforementioned demands are met!

–         Settle for nothing less than free and fair access to their children and an equal opportunity to build a meaningful relationship with their children!

Nationwide Boycott of Family Courts – 18 June 2010

FATHERS’ DAY FLYER (English)

FATHERS’ DAY PETITION (English)

FATHERS’ DAY FLYER (Telugu)

FATHERS’ DAY PETITION (Telugu)

ALL INDIA MEN’S WELFARE ASSOCIATION (AIMWA)

calls for

Nationwide Boycott of Family Courts

On 18 June 2010 – Friday before FATHERS’ DAY

All India Men’s Welfare Association (AIMWA) is an organization formed to protect the Constitutional and Human Rights of Men and Boys. We fight against gender discrimination, legal terrorism and every other form of abuse suffered by men and boys.

AIMWA calls upon all organizations and individuals working towards welfare of the family to join our Nationwide Boycott of the Family Courts on 18 June 2010 – the Friday before Fathers’ Day – as a sign of protest against the Family Court system which blatantly discriminates against fathers, heartlessly separates them from and prevents their access to their own children.

Boycott Family Courts!

Protest the creation of a fatherless society!

• Are you deprived of your right as a biological father to love and care for your child?
• Are you being forced to pay huge sums of money for supporting your child you are never allowed to see?
• Have false allegations of abuse been heaped on you to paint you as an unfit husband and father?
• Has the mother of your child embroiled you in multiple legal battles to eliminate you from your child’s life?
• Have you lost contact with your child due to ex-parte orders based solely on the allegations of your child’s mother?
• Does the mother of your child brazenly disobey your visitation rights without legal repercussions?
• Have you been labelled or fear being labelled a “kidnapper” for trying to make contact with your own child?
• Are you constantly threatened of arrest or physical harm unless you give up your desire to see your child?
• Have you been driven to bankruptcy and forced to give up fighting for your child’s custody?

Denying you access to your own child is abuse of human rights.

Depriving a child of the love and care of one parent is abuse of child rights.

• Join our Nationwide Boycott of Family Courts on 18 June 2010 as a symbol of protest against the creation of a fatherless society!
• Sign the accompanying Petition listing out the changes we demand from the Family Court system in child custody matters!
• Refuse to pay maintenance and child support unless the aforementioned demands are met!
• Settle for nothing less than free and fair access to your child and an equal opportunity to build a meaningful relationship with your child!

Which is a Bigger Crime?

Which is a bigger crime – Murder of a common man or murder of his faith in Law and Justice?

On the morning of 30 May 2010, Hyderabad woke up to the news of a gruesome homicide where a husband and his family members assaulted and killed the wife and her family members. The reason for the extreme act was ongoing marital disputes between the couple but primarily, it was the case of dowry harassment filed against the husband and his family, and the arrest, humiliation and trauma they suffered as a result.

“I am glad someone did what I could only have dreamt of”, said Govind, who has been fighting false accusations of dowry harassment for the last 3 years. “Murdering your wife and going to jail is better than being jailed on false accusations of abuse”, responded Raj. “I have heard of husbands or their family members committing suicide, but THIS is real justice because, no court will punish a woman or her family members for lodging false cases and sending an entire family to jail or driving her husband to suicide”, added Praveen, venting his bottled-up emotions.

Appalled or repulsed by these reactions?

Welcome to the world of those wrongly jailed under Section 498A of IPC on the basis of a mere complaint of a wife which is treated as “prima facie evidence” of the alleged crime!

Those falsely accused and jailed under this criminal section are overwhelmed with such deep sense of sorrow and indignation that almost everyone has either considered suicide or murder. The meeker ones who cannot even imagine blood on their hands secretly wish that the misusers of the law are simply struck by lightning or run over by a bus.

Hundreds of individuals do, in fact, commit suicide every year, and more recently, several cases of murder are coming to light. There are many more cases of murder followed by suicide as in the case of Amit Budhiraja in Bangalore a couple of years ago.

Why would ordinary citizens prefer murder over judicial process? Is there a greater incentive in taking law into one’s own hands compared to availing legal options today? The answer is unfortunately a resounding yes.

It is a fact that today, our society and law enforcement receive a murderer with much more respect, even if it is only inspired by shock and awe, compared to a decent human being who has been falsely accused of dowry harassment or dowry death. In addition, murderers, like those in the recent Hyderabad episode, perhaps have some sense of personal closure upon finishing off their offenders and voluntarily submitting to the slow and inefficient judicial process which no longer inspires fear or respect in their minds.

Compare this situation to that of a decent, law-abiding individual who is dragged to jail just for being a man or his kin. He loses his job and 4-5 years of his career running around courts for a crime he never committed, his reputation and dignity are destroyed beyond repair, he is faced with the choice of either spending all his hard-earned money fighting a long-drawn legal battle to prove his innocence or succumb to the blackmail and extortion by his wife, her family and the entire state machinery which supports them, AND in the end, when he and his family members are finally pronounced NOT guilty, he has to watch the mischievous wife and all her accomplices walk away scot-free!

While the Hyderabad episode is not an isolated incident, it is certainly the worst imaginable consequence of criminalizing marital relationships and giving free rein to legal terrorism. It is certainly horrifying that five persons were murdered at once, but what is worse is that the incident bears witness to the murder of a common man’s faith in the country’s law enforcement and judicial system.

It may only be a matter of time before more and more law-abiding citizens will be forced to shun their personal inhibitions, morals and scruples and resort to “instant justice”.

Robert Kennedy once said, “Whenever men take the law into their own hands, the loser is the law. And when the law loses, freedom languishes.” While this is true, our present situation warns us that whenever laws undermine basic freedoms, the loser is the man. And when a man loses his basic freedoms, he will be forced to take law into his own hands.

Trial By Media is Violation of Human Rights

Press Release

Sub: Petition to the A.P. State Human Rights Commission to stop telecast/publication of marital disputes as news, spreading half-truths and lies, conducting media trial, and defaming the accused men and relatives

All India Forgotten Women’s Association (AIFWA), Andhra Pradesh Mothers-in-law Protection Association (APMPA), Save Indian Family Foundation (SIFF), All India Men’s Welfare Association (AIMWA) are submitting a petition to the A.P. State Human Rights Commission regarding print and electronic media telecasting/publishing lies and half-truths about family disputes between husbands and wives in the name of news, and resorting to defamation of husbands and their family members by calling them criminals, crooks, cheats, frauds, blood-thirsty demons, money-hungry wolves, and similar terms merely based on the self-serving statements of a complainant wife, thus damaging to the dignity of accused persons.

It has become a regular practice for Newspapers and TV News Channels to publish/telecast disputes between wives and husbands and matters which are subjudice or under investigation, in the name of news. Every news story of this nature has certain common elements –

• Portraying the wife as weak, helpless creature having low self-esteem, but flawless in their interactions with the husband and his family members, and as innocent victims of the evil practice of dowry.
• Portraying the husband and his kin as criminal-minded, sadistic persons who constantly harass the young wives for dowry.
• Channels competing with each other to invent new terms to paint the husband and his family members as the worst villains.
• Making assumptions about the guilt of the husband and his family members merely based on allegations of the complainant wife.
• Passing generalized remarks demeaning all men.
• Passing verdicts about the appropriate punishment for the accused husband and his family members.

News Channels have been pitching a wife as a damsel in distress and the husband and his family members as crooks and pitting them against each other for jerking the last drop of tear out of the viewers’ eyes and to arouse unjustified anger against the accused, to keep the viewers glued to their TV sets and boost the TRPs of the respective Channels.

Newspapers and News Channels, through their gut-wrenching commentary, are building unnecessary pressure on the Police and Judiciary, prejudicing the viewers and making the society arrest-hungry.

Such irresponsible reporting of sensational lies and half-truths on disputes between a married couple, in the name of news, causes immeasurable damage to the accused, most of whom are decent, law-abiding citizens, and also have their version of the story which they may or may not want to share with the media. The media, emboldened by the dysfunctional judiciary brazenly resorts to damaging the reputation of the accused knowing well that a person already embroiled in court cases which will take years for disposal, may not take a chance and file a case of damages or defamation.

Conducting trial by media by publishing/telecasting one-sided versions or forcing the husband and his family to face the TV camera under the threat or risk of being discredited, making unsubstantiated allegations and defamatory statements against the accused, giving derogatory titles to the accused, conducting media trial and passing one-sided verdicts, thus discrediting the accused before the case has been heard or concluded in the Court, all amount to violation of the human rights of the accused. In addition, making generalized statements demeaning all men also amounts to blatant violation of the human rights of fifty percent of the country’s population.

The physical and mental health of many accused individuals, especially elders, are affected because of maligning their personal and family reputation and many young men, their sisters and their aged parents have committed suicides unable to withstand the trauma caused by media trial and defamation in addition to prolonged uphill legal battles.

We are appealing to the A.P. State Human Rights Commission to please render justice to victims of media malice by

1) directing all newspapers and news channels to stop publishing/telecasting of family disputes between wife and husband as news.

2) directing all newspapers and news channels to stop making one-sided statements and conducting media trial on an accused husband and his family members.

3) directing all newspapers and news channels to render a public apology for giving horrendous titles to an accused husband and his family members.

4) directing all newspapers and news channels to stop making derogatory statements on men as a group and to render a public apology for the damage already done to the reputation of men as a group.

5) issuing directives such that in case the accused husband or his family members commit suicide unable to bear the trauma of media trial and public humiliation, the respective Newspapers and TV Channels will be required to compensate and pay for the defamation and damages, without the need for the victims of media-trial having to fight another tedious losing legal battle against powerful media houses.

6) issuing directives to stop media Discussions on ANY matter which is subjudice or under investigation, especially those related to family disputes, and the Hon’ble Forum may make provisions to file suo moto cases of contempt of court in case of violation of this directive.

Invitation for International Day of Families – 15 May 2010

INVITATION

All India Forgotten Women’s Association, India Kudumba Padukku Iyakkam, All India Men’s Welfare Association & True Equity Network (TEN) India invite you for a Seminar on

International Day of Families – 15 May 2010

10:00 am – 1:00 pm

Press Club, Basheerbagh

Seminar Topic

INDIAN FAMILY THREATENED – CAUSES, CONSEQUENCES & THE WAY AHEAD

Pearl S. Buck once wrote,

“The lack of emotional security of our American young people is due…to their isolation from the larger family unit…no mere father and mother…are enough to provide emotional security for a child.  He needs to feel himself one in a world of kinfolk, persons of variety in age and temperament, and yet allied to himself by an indissoluble bond…”

• How much longer before similar words will be said with reference to India?

• Are we already there?

• What do we do now and where do we go from here?

Please join us as we discuss these important questions and pass a joint resolution to restore life, health and longevity to the Indian Family.

Sincerely,

All India Forgotten Women’s Association

India Kudumba Padukku Iyakkam

All India Men’s Welfare Association

True Equity Network (TEN) India

Shoaib Malik promotes Legal Terrorism in India

Ayesha Siddiqui, a woman from Hyderabad, recently filed cases under IPC Sections 498A (dowry harassment), 420 (cheating) and 506 (criminal intimidation) against Pakistani cricketer Shoaib Malik, which resulted in quite an uproar in India and abroad.

The tempest subsided just as quickly as it picked up as soon as Shoaib divorced Ayesha and reportedly parted with Rs. 15 Crore as a “peace offering”. What they both did not realize is that they have inadvertently, yet, very effectively exposed to the entire world, the huge extortion racket run in India in the name of IPC Section 498A (anti-dowry law).

What the episode also did is to make blatant mockery of law, justice and most of all, the common man who places his faith in these elusive concepts and the institutions that are meant to uphold them.

Making a timely and apt gesture,  Akhil Dubey of Lucknow performed his “Sraardha karma” to mark the anniversary of his death as a “decent common man” and being branded a “criminal” in the eyes of the world. I am sure lakhs of people in India echo Dubey’s sentiment.

Kumar, a young man who had just begun his life as a scientist was arrested under Section 498A of IPC. He was not only prevented from being beside of his ailing father, but he was not allowed to even see his own father’s dead body or attend his last rites just because his wife made a complaint alleging harassment, and, unlike Shoaib, poor Kumar could not afford the price of “buying peace”. His passport was seized, he lost his job, reputation and everything he built for himself. He was acquitted of all charges 4 years later but the question remains as to who will bring back his lost years and his dead father who yearned for him in his last moments?

Yaksh, another young man was rejoicing the birth of his baby girl after his wife Prema suffered two consecutive miscarriages. Eight days later, misfortune struck yet again and the couple lost their baby. Prema, who could not bear the trauma, took her own life, leaving Yaksh devastated. Unlike in the case of Shoiab Malik, nobody conducted detailed investigations to figure out if he even deserved to be arrested. Before Yaksh could recover from the shock of Prema’s death or even begin mourning the loss of his wife and child, he found himself locked up in jail, for 10 whole months without bail, based on a false case of dowry death filed by his in-laws.

In the recent times, there is a rise in the number of arrests and detentions not only under Section 498A but in the name of crimes against women. The “investigation” is driven by women’s organizations who blackmail the police and the judiciary through the media. 1 lakh men are arrested annually just under IPC Section 498A (dowry harassment) alone, and many more for rape, murder and other “crimes against women”.

Satyam Babu, who has a brief record of committing petty crime, theft to be specific, was held accused by the police in the murder case which shook the state of Andhra Pradesh in 2008. Satyam Babu has been in jail for 2 years without bail, and has also been chargesheeted. Recent news revealed that he has been through so much abuse in custody that he is now unable to even walk and his health has been deteriorating to the point where his dear ones fear losing him forever in no time. As Satyam Babu’s mother and sister beg and plead the authorities to treat him fairly, save his life and allow him to defend himself, even the mother of the murdered girl has been shouting from rooftops that Satyam Babu has only been framed in her daughter’s kiling. Unlike Shoaib Malik, hapless Satyam Babu is unable to “buy freedom”.

The above are just a couple of examples of the heartrending stories of the numerous detainees and undertrials in India. As much as 70% of the jail population is made up of undertrials, 96% of them being men, mostly arrested for petty offences or false cases.

In cases of rape, murder or dowry death, the period of detention could have overshot the sentence that would have been awarded to them in case of conviction. Even those who can afford bail are sent to judicial custody for a duration ranging from 2 days to a several weeks.

Whatever the reason for arrest may be, the majority of prisoners are not aware of their rights. They suffer because of rejection of bail, delays in bail or trial proceedings. Many languish in jail only because they could not get proper legal aid, lack the means to bribe or are just victims of a judge’s whim, but most of all because they are not a celebrity like Shoaib Malik.

In this era of political correctness and quest for sensation, the media and public are hypersensitive to allegations of exploitation and abuse of women. First comes the media’s business motive of jerking the last drop of tear out of the viewers’ eye or whipping up anger. Then comes the fact that a shocked nation, glued to news channels absorbs every factoid about “crimes against women” leading to skyrocketing TRPs. This whets the temptation to continue the witch-hunt and a no-holds-barred trial by media.

The police and courts have come to function under external pressure of women’s organizations, money, muscle power and the desperate need to pacify media hounds. Police make arrests in a hurry without credible evidence, and courts take years to begin, conduct and conclude trials. Justice is no longer viewed in the context of our enacted laws, but more in the context of political correctness and media hype.

As the prevailing corruption and maladministration repeatedly cause miscarriage of justice, the general public is looking at taking law into their hands as the best alternative.  The public is exhibiting a lynching mob attitude and obstructing due process of law in cases involving criminal or sexual allegations on men.

Sadly, the law enforcement and judiciary treat the strong, rich and famous with kid gloves, and the law-abiding common man, like Dubey, Kumar, Yaksh and Satyam Babu with an iron fist.

As people like Shoaib Malik promote misuse of law, legal terrorism and extortion, there will only be more crime, more misusers of women-protection laws, and more and more innocent men sacrificed on the altar of injustice.

Shoaib Malik may have bought his peace, may get happily married and have the last laugh, but the joke is on the common man.

All India Forgotten Women’s Association and True Equity Network (TEN) India demand the Government of India to take urgent action and:

1)    Release the 1.25 lakh undertrials in the country by the end of July 2010, as promised by the Prime Minister, Manmohan Singh on 26 January 2010.
2)    Stop discriminating between the common man and celebrities/influential people accused in crimes.
3)    Implement strict measures to stop custodial torture of prisoners and detainees.
4)    Prevent trial by media and lynching mob “justice”.
5)    Prevent women’s organizations from blackmailing through media and sabotaging police enquiry and judicial process.