NFHS strongly opposes One Hundred and Fortieth Report on the Committee on Petitions of Rajya Sabha under the Chairmanship of Shri Bhagat Singh Koshyari, regarding 498A Amendments

Press Release

Subject: NFHS strongly opposes One Hundred and Fortieth Report on the Committee on Petitions of Rajya Sabha under the Chairmanship of Shri Bhagat Singh Koshyari, regarding 498A Amendments

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 16500 members all over India. To know more about us please visit www.family-harmony.org / www.498a.org.in.

The Committee on Petitions of Rajya Sabha under the Chairmanship of Shri Bhagat Singh Koshyari, M.P. presented its Hundred and Fortieth Report to the Rajya Sabha on 7th September, 2011 on the petition praying for amendments in Section 498A of Indian Penal Code, 1860. The Petition was submitted by Dr. Anupama Singh, a resident of New Delhi.

The committee has given some recommendations to Rajya Sabha regarding 498A IPC. Before discussing merits or demerits or expressing our opinion on them, we would like to present different perspective of this issue because the committee has deliberated and recommended some ways and methods to “Stop the misuse of 498A IPC”.

 

There may not be difference of opinion in this country if the subject matter to be discussed is “protection of women”. No doubt, 498A IPC was framed to prevent cruelty on women and act as a deterrent against cruelty on women. If that is the case then the petition is submitted by Dr Anupama Singh who herself is women. The fact that the law has failed and has not solved its purpose and has been seriously misused and abused by greedy women to settle score with husband and his family members is not in dispute.

 

The problem is the committee has given a very technical and legal opinion to an issue which is entirely social and matrimonial in nature and has limited its scope of discussion. E.g.

In the para 13.8 of the report the committee acknowledges that measures are required to “check on false complaints”. The committee recommends that “The Committee feels that the Government should consider providing legal remedies for preventing filing of false complaints or complaints with ulterior motive to harass the husband and his relatives under Section 498A. The Committee recommends that Section 498A be amended so as to provide for specific penalty in case the complaint is found to be false or with some other ulterior motive.”

So when the misuse and abuse of the law is very clear and it is acknowledged that husbands and their family members are also victims of violence, cruelty and false cases then the scope of the discussion should not be limited to “Stop the abuse the 498A IPC”. The larger issue is “Abuse and misuse of Gender biased laws” and “Protection to husband and his family members”.

 

There are many laws and Acts to deal with matrimonial disputes and most of them are NOT “Gender Neutral”. Some of them are 498A IPC, Protection of women from domestic violence Act, 125 of CrPC, Hindu marriage Act, Hindu adoption and succession Act, Guardian and wards Act etc. All these Acts and IPC/CrPC section deals with “Protection to women”, “Alimony and maintenance to women”, “Divorce and child custody” etc. It is well known that all these laws are being heavily misused by greedy women to settle score and to harass the husbands and his family members.

 

The argument of women faces e.g. that of Ex-WCD minister Smt Renuka Chowdry that “women has been suffering from ages and now it is the turn of MEN to suffer” (In one of her TV interviews) OR that “Abuse and misuse is in small number so it is ok” OR to say that “Any law for that matter is being misused” has only aggravated the issue.

 

Unless the government looks at the this grave issue in its entirety and makes serious attempt to solve it by simplifying the laws rather than duplicating the laws this issue will never be solved. We think now the time has come so that Government should look at the larger issue wrt the matrimonial disputes. In view of the above discussion we strongly oppose the report which is nothing but half hearted attempt by Government which is not going to solve the issue. Hence we demand following.

 

• Misuse and abuse of Laws: Heavy punishment by the way of imprisonment should be introduced in case of misuse of any matrimonial laws.
• Make matrimonial disputes “Gender biased”. Government is completely ignoring the pain, harassment and torture of husband and his family’s members which they suffer at the hands of greedy women. Thousands of husbands have got divorce from wife on the ground of cruelty. This proves that women also can be cruel. Hence matrimonial laws should be made “Gender neutral” to provide protection to husbands and his family members.
• Duplication of Laws: Just to deal with the maintenance for wife there are 6 different laws. This is due to the mindset of our law makers to make a new law if there is complaint regarding old law. When Hindu marriage act was already there to deal with the maintenance of the wife then there was no need to bring CrPC 125, or Domestic violence act or HAMA.
• The definition of women is “Newly married young women”: Even though it is matter of common knowledge that daughter-in-law’s treat their mother-in-law with cruelty even then “Matrimonial laws” are only meant for “Newly married young women”. This must be amended to given protection to all without any consideration of gender or age.
• Protection to Husband and his families: Currently Husband and his family members do not have any protection from the cruelty of daughter-in-law. Laws should be made gender-neutral for their protection.
• Child custody issues: Government should bring in amendment for “Shared Parenting”.
• Never ending litigations: The litigations are so lengthy that by the time a father files for child custody and by the time matter is decided by Supreme Court, the child is ready to have his own child. And similarly once a divorce is filed by spouse, and by the time Supreme Court decides it couple are at the verge of retirement. The litigation in case of matrimonial disputes should be finished in a time bound manner of 1 year.
• Simplification of Divorce laws: What the relatives and the social circle cannot achieve is sought to be achieved that too by an over burdened presiding officer. Divorces are denied in a routine manner even when criminal cases are pending. Law should be modified keeping in mind the changed social structure.
• Try all matrimonial disputes under civil law: Involvement of police breaks any possibility of re-union between the couple.

 

Attempt by Government to do some temporary, ad-hoc and stop-gap arrangement by fixing some loop holes in the 498A IPC is neither going to stop the misuse of “Gender biased” laws nor it is going to provide any “protection to husband and his family members” from potential misuse and abuse of law. Government instead of taking ad-hoc and temporary steps should constitute a committee for overhaul of overall matrimonial laws rather than approaching the issue piecemeal basis which will aggravate the issue rather than solving it.   

P Suresh, President,                                                                M Mahesh, General Secretary,

9880141531                                                                               9731569970

NFHS Press Release: Flash Dharna on 02ndJuly11 @Town Hall, Bangalore against recommendation of Law Commission to make 498A IPC Compoundable

Press Release

Subject: National Family Harmony Society® strongly opposes recent recommendation of Law Commission to make 498A IPC Compoundable and has organized Dharna on 02July11 at Town Hall.

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 16000 members all over India. To know more about us please visit www.family-harmony.org / www.498a.org.in / https://498amisuse.wordpress.com

What is compounding of offence: A compoundable offence is one which can be settled privately. The composition of an offence has the effect of an acquittal of the accused. Section 320 of the Code of Criminal Procedure deals with the compounding of offences and specifies by whom they may be settled.

After conducting nationwide consultations, Law Commission, headed by Justice P V Reddy has recommended to make 498A IPC compoundable. The recommendation by Law Commission is nothing but a half hearted approach which will aggravate the issue rather than solving it. The Law commission was given following mandate, which is the first paragraph of the “Consultation Paper-cum-Questionnaire regarding Section 498-A of Indian Penal Code” prepared by Law commission.

“Keeping in view the representations received from various quarters and observations made by the Supreme Court and the High Courts, the Home Ministry of the Government of India requested the Law Commission of India to consider whether any amendments to s.498A of Indian Penal Code or other measures are necessary to check the alleged misuse of the said provision especially by way of over-implication.”

From above it is very clear that Law Commission was clearly asked by Union Home Ministry to suggest amendments, in views of heavy misuse of the 498A IPC. But the recommendation of the Law Commission is, in fact going to increase the misuse of 498A IPC. If a complaint is lodged by a wife against her husband alleging cruelty under 498A IPC then the complaint should be tried in the court of law as it is a criminal offence and must not be compounded under any circumstances.

Allowing a criminal offence to be compounded is nothing but mockery of the criminal justice system. E.g. if a person ‘A’ has “attempt to murder case” on him for trying to kill person ‘B’, then can the offence be compounded just because both the parties have reached an agreement for an settlement amount. If this tendency to compound a criminal offence is allowed then for every offence there will be a “settlement amount” and there will be no fear of committing a crime. E.g.

• A rapist can rape a girl and get away by paying “settlement amount”.
• A Murderer can commit murder and still get away by paying “settlement amount” to the relatives of the person whom he murdered.
• A person can indulge in riots and then offer “settlement amount” to Government to pardon him for the committed crime.

498A IPC should NOT be made compounded because…

• It will open a flood gate of more false cases.
• Judiciary is already struggling to differentiate between true and false cases in 498A IPC.
• Also only rich and mighty will be able to settle the cases.
• Criminals should be punished and not let off by “settlement amount”.

In view of above NFHS strongly opposes recommendation of the Law commission to make 498A IPC compoundable.

Suresh P, President,                                                                       Mahesh M, General Secretary

9880141531                                                                                       9731569970

Procession concluded by Dharna on 04-06-2011 by National Family Harmony Society® to protest against heavy misuse of Domestic Violence Act

Press Release

Subject: Procession concluded by Dharna on 04-06-2011 by National Family Harmony Society® to protest against heavy misuse of Domestic Violence Act and subsequent breaking of families.

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 16000 members all over India. To know more about us please visit www.family-harmony.org / www.498a.org.in / https://498amisuse.wordpress.com

Procession starting at Town Hall @10.00 AM

Procession concluding at Banappa Park @10.30 AM

Dharna at Banappa Park 10.30 AM – 12.00 Noon

On the face of it, the law appears to be a blessing for people in abusive or violent relationships. However, a careful analysis reveals that, under the ploy of “women welfare”, this law is yet another misguided attempt to enact legislation, which is bound for heavy misuse, breaking families and to create a society where men are deprived of their rights. There are three fundamental problems with this law :-

a) It is overwhelmingly gender biased in favor of women

b) The potential for misuse is astounding

c) The definition of domestic violence is too expansive and loosely worded

The Domestic Violence Act was formed to stop the Domestic Violence against women but now it is being misused to such an extent that women suffering from its misuse have far outnumbered the women suffering from Domestic Violence. It is necessary to take steps to stop the misuse of this Act to prevent the family system of India from breaking down and at the same time ensure justice to genuinely abused women.

1)    DV Act should be made gender-neutral and equal protection should be provided to men and women against physical, emotional, verbal and economic abuse.

2)    DV Act, like every other law, must be based on the presumption of innocence until guilt is proved. In addition, the DV Act must follow the principle of according a fair trial to the accused.

3)    Service providers should not be delegated with judicial and investigatory functions. In addition, service providers and counselors must be persons or organizations who have a track record of working for family harmony, true gender equality, and possess a balanced and educated approach towards serious issues like domestic violence.

4)    In order to protect victims of domestic violence from further abuse, they should be removed from the abusive situation and relocated to shelters homes. Denying the accused persons of residential rights on their own property violates the human rights of the accused. In addition, a genuine victim who is not removed from the site of abuse is more likely to fall prey to violence again and again.

5)    A complainant should not be allowed to claim maintenance under DV Act, as there are four other existing provisions, CrPC 125, Hindu Marriage Act Section 24, Hindu Marriage Act Section 25, and HAMA 18, which simultaneously allow woman to seek maintenance.

6)    DV Act should not be allowed to contain any of the same protections and provisions granted under any other laws without first repealing those other laws and rendering them ineffective. For example, since the DV Act provides protection to women against cruelty by the husband and his relatives, IPC Section 498A should be repealed with immediate effect.

7)    DV Act attempts to legalize live-in relationships, thereby violating laws against polygamy. Forcing legal interference into a relationship that is legally invalid is simply ridiculous. Therefore, live-in relationships must be removed from the purview of the DV Act.

8)    Child custody decisions should not be decided by DV Act as they are summary trials. Rather it should be decided by Family Court after full fledged trials after taking into consideration of the welfare of the child.

9)    Persons filing false cases to settle personal scores should be severely punished for misusing the judicial process and blocking the path of justice for genuine victims.

In short, the DV Act should be replaced by a more benign, sensible, gender-neutral legislation that ensures women and men their rightful, honorable place within and outside the home, in order to promote family harmony, reduce litigations and prevent legal terrorism and extortion through misuse of the law.

For Further Information please contact:

P Suresh, President, 9880141531

M Mahesh, General Secretary, 9731569970

NFHS Press release on Judicial Corruption and discussion

P R E S S    R E L E A S E

Subject: National Family Harmony Society® strongly demands for early passage of judicial accountability and standard bill in the wake of CJI Hon’ble S H Kapadia’s remark “clean man in black robe”, in the wake of corruption charges against Judiciary.

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 16000 members all over India. To know more about us please visit www.family-harmony.org / www.498a.org.in / https://498amisuse.wordpress.com

Demands and thoughts from NFHS®:

 

1. Judiciary has to be clean and corruption free because that is the only institution citizens has still faith left.

 

2. The issue is there is no effective mechanism/body/institution to deal with corruption in Judiciary.

 

3. Judiciary seems to be hushing up things.
 o Example1: There was lots of reluctance to declare their assets on public domain.
 o Example2: There response to the RTI application is mostly evasive.

 

4. So it gives a feeling that they have something to hide and they do not want to be transparent.

 

5. If there is no corruption in judiciary and they claim they are clean then why there is so much resistance to the RTI applications and to declare their assets.

 

6. So it is high time that parliament pass the judicial accountability and standard bill on high priority.

 

7. Currently even though it a matter of common knowledge that corruption does exist in judiciary but it is not spoken openly just because people fear the contempt of court for criticizing judiciary.

 

8. Expecting the judiciary to correct its own shortcomings may be as hopeless as expecting the Indian Administrative Services to provide for the punishment of their own or expecting the politicians to clean up their own act.

 

9. Judges are one among us and part of the society. There could be temptations to succumb to corruption and still not being caught.

 

10. The Supreme Court’s observations on the rot in the Allahabad High Court are disturbing. A Bench consisting of Justice Markandey Katju and Justice Gyan Sudha Misra said on November 26 that most judges of this High Court are corrupt and collude with advocates.

 

11. Sadly, many High Court judges are facing charges of corruption. The cases involving Justice Soumitra Sen of the Calcutta High Court, Chief Justice P.D. Dinakaran of the Sikkim High Court (formerly of the Karnataka High Court) and Justice Nirmal Yadav of the Uttarakhand High Court (formerly of the Punjab and Haryana High Court) are all at various stages.

 

12. The charge that many former Chief Justices of India were corrupt has given a new twist to judicial corruption.

 

13. There is also the Rs 23-crore Ghaziabad PF scam in which a Supreme Court judge (since retired), seven Allahabad High Court judges, 12 judges of the subordinate courts and six retired High Court judges are allegedly involved. The key accused, Ashutosh Asthana, died in jail mysteriously in October, 2009. He had provided vital documents to the CBI that established connivance of these judges.

 

14. Corrupt judges in the higher judiciary can be removed only by impeachment. However, this method is cumbersome. The problem is not just a question of devising proposals for removal. The Judges (Inquiry) Act, 1968, prefaces impeachment by judicial inquiry. In Supreme Court Judge Justice V. Ramaswamy’s case, the inquiry indicted him but the impeachment motion fell through in Parliament in 1992.

 

15. The government should fast-track all cases of moral turpitude, corruption and nepotism. The process of impeachment of a judge should be speeded up with a time limit for obtaining the President’s sanction and impeaching him/her.

 

16. Justice Katju and Justice Misra referred to the syndrome of “uncle judges”. The Union Law Ministry admits that this menace has spread to many High Courts, including those in Chandigarh, Shimla and Jaipur.

 

17. In its 230th Report (2009), the Law Commission has recommended that in order to eliminate the practice of “uncle judges”, the judges, whose kith and kin are practicing in a High Court, should not be posted in the same High Court. Union Law Minister M. Veerappa Moily should help check this menace.

 

18. There is a need to change the method of selection of judges. The current collegium system of appointment of judges has failed to attract persons of impeccable integrity. The country deserves a more credible, transparent and broad-based institutional mechanism for selecting judges.

 

19. As the UK Supreme Court had done early this year, our apex court, too, should advertise vacancies in the Supreme Court and High Courts in the newspapers.

 

20. Judicial orders/Judgements should be subject to the review by an independent body if it is felt that the order was passed by corrupt means.

 

For more information please contact

P Suresh, President                                                                 M Mahesh, General Secretary,

9880141531                                                                          9731569970

NFHS press release regarding 498A IPC amendment by Parliament

P R E S S    R E L E A S E

Subject: Parliament considering amendments in section 498A IPC.

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 15500 members all over India. To know more about us please visit www.family-harmony.org / www.498a.org.in.

Due to heavy and rampant misuse of the 498A IPC the Committee on Petitions of the Rajya Sabha, under the Chairmanship of Shri Bhagat Singh Koshyari, Member, Rajya Sabha, is considering a petition praying for amendments in Section 498A of Indian Penal Code, 1860. The petitioner in his petition has pointed out the extensive abuse and misuse of this provision of the Penal Code. According to the petitioner, the abused population undergoes tremendous harassment and torture. As these provisions of the penal code presently go, a complaint without much authenticity or any weight of evidence is enough to arrest the husband or the in-laws or anyone else named in the complaint, irrespective of whether any crime has taken place or not. The petitioner, accordingly, has prayed for suitable modification in section 498A of Penal Code so as to check its abuse and protect the interest of innocent persons.

Our NGO National Family Harmony Society – NFHS constantly persisted upon various authorities in Government for amendments regarding 498A IPC arrest procedure and amendments from many years so that innocent citizens, senior citizens, females are not harassed and arrested arbitrarily.

Hundreds of husbands who are harassed and tortured by their wives approach our NGO to seek help. Even in case of small misunderstanding between couples, wives file criminal cases against husbands and all their family members. Such Husbands and their entire family members who are already harassed by their wives are further tortured by the police who are not trained enough to deal with matrimonial disputes.

Since the 498A IPC is non bailable, hence on a mere complaint by the such wives the tendency of the police is to immediately arrest all those named in the FIR and send them to Judicial Custody. Normally the police officer justify such arrests saying 498A IPC is non bailable and since it is a women related matter they have little choice, little realizing that on such a false complaint two more women i.e. mother and sister of the husbands are also arrested. Also if the husband is arrested and sent to Jail then there remains no chance of reconciliation between them. If the police officer starts justifying the above stand to arrest everyone named in the FIR then it will lead to chaos in the orderly civil society.

Honorable Supre Court in While disposing CRIMINAL APPEAL NO. 1512 OF 2010 (Arising out of SLP (Crl.) No.4684 of 2009) Preeti Gupta & Another …Appellants Versus State of Jharkhand & Another ….Respondents JUDGMENT held that

“The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. To find out the truth is a herculean task in majority of these complaints. The tendency of implicating husband and all his immediate relations is also not uncommon. At times, even after the conclusion of criminal trial, it is difficult to ascertain the real truth. The courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases. The allegations of harassment of husband’s close relations who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complaint are required to be scrutinized with great care and circumspection. Experience reveals that long and protracted criminal trials lead to rancour, acrimony and bitterness in the relationship amongst the parties. It is also a matter of common knowledge that in cases filed by the complainant if the husband or the husband’s relations had to remain in jail even for a few days, it would ruin the chances of amicable settlement altogether. The process of suffering is extremely long and painful. Before parting with this case, we would like to observe that a serious relook of the entire provision is warranted by the legislation. It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases.”

Honorable Supreme court in Sushil Kumar Sharma Vs. Union of India (UOI) and Ors – Jul 19 2005 observed below:

“Merely because the provision is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment. It may, therefore, become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with. Till then the Courts have to take care of the situation within the existing frame work. As noted above the object is to strike at the roots of dowry menace. But by misuse of the provision a new LEGAL TERRORISM can be unleashed.”

Former Chief Justice of India Shri K G Balakrishnan admitted that 498A is the grossly misused IPC section:

“Chief Justice of India K G Balakrishnan on Saturday said that in some cases this section — that deals with matrimonial cruelty — was being `grossly misused’. Elaborating on false cases being filed in recent times, the CJI said that relatives not involved with a matrimonial dispute were unfairly implicated. “In some cases, 498A is grossly misused,” he said. Balakrishnan was speaking at a seminar, `Marriage laws — issues and challenges’, organised by the National Commission for Women.

Read more: CJI Balakrishnan admits to misuse of dowry laws – The Times of India http://timesofindia.indiatimes.com/india/CJI-Balakrishnan-admits-to-misuse-of-dowry-laws/articleshow/4057825.cms#ixzz13SlEnV1u”

DEMANDS: OF NATIONAL FAMILY HARMONY SOCIETY

• Make 498A IPC Gender neutral so that such husbands who are victims of cruelty from their wives can also lodge complaint. Hence NFHS suggests to consider making this IPC section gender neutral so such husbands who are victim of cruel behavior can also lodge complaint.
• Bring the IPC 498A under civil law because it deals with matrimonial dispute.
• Hence NFHS suggests that the role of police should be totally removed in a dispute, which is of matrimonial in nature, and the complaint should be lodged only directly to magistrate.
• Introduce heavy punishment of 3 years of imprisonment if complaint is found false. Hence NFHS suggests that a punishment clause must be added to IPC 498A so that people will have fear before filing a false complaint.
• Make 498A IPC bailable.
• Hence NFHS suggests 498A IPC should be amended in such a way that only at the most only husband should be named in the FIR.
• NFHS recommends that 498A IPC must be amended in such a way that Income Tax returns and PAN card details of the wife and her parents should be mandatory before registering FIR.
• NFHS recommends that 498A IPC must be amended in such a way that till the dowry prohibition officer files an affidavit to the court no arrest should be made.
• NFHS recommends that 498A IPC must be amended in such a way that no complaint should be entertained if marriage certificate is not produced.
• NFHS recommends that 498A IPC must be amended in such a way that immediately a FIR against wife and her parents should also be for “Giving dowry”.
• NFHS recommends that 498A IPC must be amended in such a way that as soon as authorities under 498A IPC receive a complaint immediately both the parties should be sent to the mediation center to so that the dispute can be sorted out amicably.
• NFHS recommends that 498A IPC must be amended in such a way that that 498A IPC should be tried in the fast track court with a mandate to deliver judgment in 60 days as is the case in Domestic Violence Act.
• NFHS recommends that 498A IPC must be amended in such a way that to avoid harassment to husband and his family from double jeopardy all cases must be clubbed together.
• NFHS recommends that 498A IPC must be amended in such a way that children and grandparents and other relatives must not be arrested.
• If anytime during or after the registration of the complaint under 498a or during the mediation/reconciliation courses before the registration of the case, wife expresses her wish to deny the divorce to her husband or if she wishes to continue to live with him then the 498a case should be declared null and void. If wife wishes to continue the case under 498a and also wishes to continue to live with him, then husband should be made eligible for automatic divorce.

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

http://498amisuse.wordpress.com

NFHS Press Release – Karnataka DGP Circular

P R E S S    R E L E A S E

Subject: National Family Harmony Society demands strict implementation of the circular issued by DGP-Karnataka on 01/10/2010 to stop arbitrary arrests in case of 498A IPC.

NFHS is going to monitor all the police stations within Karnataka over next few months. And if it comes to our notice that any police station has not followed these guidelines of DGP then we will initiate Contempt cases against such police stations demanding their suspension. It is our social responsibility as an NGO to see that innocent citizens do not suffer due to misuse of law. We request our media friends to create awareness of this DGP circular. We maintain zero tolerance to arbitrary arrests.

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.

Due to heavy and rampant misuse of the 498A IPC Ministry of Home Affairs had issued a circular on 20^th October 2009 to all the state Governments including Karnataka Government with guidelines to be followed. Our NGO National Family Harmony Society – NFHS constantly persisted upon various authorities in Government of Karnataka to issue appropriate guidelines to the state police. Subsequently the DGP office has issued circular with guidelines regarding 498A IPC arrest procedure so that innocent citizens, senior citizens, females are not harassed and arrested arbitrarily.

Hundreds of husbands who are harassed and tortured by their wives approach our NGO to seek help. Even in case of small misunderstanding between couples, wives file criminal cases against husbands and all their family members. Such Husbands and their entire family members who are already harassed by their wives are further tortured by the police who are not trained enough to deal with matrimonial disputes.

Since the 498A IPC is non bailable, hence on a mere complaint by the such wives the tendency of the police is to immediately arrest all those named in the FIR and send them to Judicial Custody. Normally the police officer justify such arrests saying 498A IPC is non bailable and since it is a women related matter they have little choice, little realizing that on such a false complaint two more women i.e. mother and sister of the husbands are also arrested. Also if the husband is arrested and sent to Jail then there remains no chance of reconciliation between them. If the police officer starts justifying the above stand to arrest everyone named in the FIR then it will lead to chaos in the orderly civil society.

Honorable Former Chief Justice VENKATACHALLIAH, M.N. on “25/04/1994” while delivering a judgment wrote:

“No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter. The recommendations of the Police Commission merely reflect the constitutional concomitants of the fundamental right to personal liberty and freedom. A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified.”

Honorable Supreme court in Sushil Kumar Sharma Vs. Union of India (UOI) and Ors – Jul 19 2005 observed below:

“Merely because the provision is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment. It may, therefore, become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with. Till then the Courts have to take care of the situation within the existing frame work. As noted above the object is to strike at the roots of dowry menace. But by misuse of the provision a new LEGAL TERRORISM can be unleashed.”

Former Chief Justice of India Shri K G Balakrishnan admitted that 498A is the grossly misused IPC section:

“Chief Justice of India K G Balakrishnan on Saturday said that in some cases this section — that deals with matrimonial cruelty — was being `grossly misused’. Elaborating on false cases being filed in recent times, the CJI said that relatives not involved with a matrimonial dispute were unfairly implicated. “In some cases, 498A is grossly misused,” he said. Balakrishnan was speaking at a seminar, `Marriage laws — issues and challenges’, organised by the National Commission for Women.

Read more: CJI Balakrishnan admits to misuse of dowry laws – The Times of India http://timesofindia.indiatimes.com/india/CJI-Balakrishnan-admits-to-misuse-of-dowry-laws/articleshow/4057825.cms#ixzz13SlEnV1u”

HOW THE MISUSE IS HAPPENING

·         498A IPC is non bailable hence police tends to arrest everyone named in the FIR.

·         Even far relatives like uncles are named in the FIR without proof.

·         There are instances where school going children and senior citizens like grandfather and grandmother had been named in FIR and arrested.

·         498A IPC has been used as a blackmail tactics.

·         By filing FIR huge amount is demanded and in case of failure all accused are arrested.

·         There are instances when pregnant sisters are arrested

·         There are instances where relatives and parents staying in abroad are arrested.

·         Wild, imaginary and baseless allegations are leveled against family members of husbands.

·         498A is being used as legal terrorism.

·         Trial of 498A takes minimum of 7-8 years in Trial court. So all family members of husband suffer by running around the corridors of Courts for those years before they are declared innocents.

·         80% of the cases are registered only in the second half of the week in order to take advantage of the weekends and to keep the husband & his relatives for maximum no. of days in jail.

DEMANDS: OF NATIONAL FAMILY HARMONY SOCIETY

• No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
• Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws.
• Implement the circular of the DGP office strictly to stop arbitrary arrest of elderly persons, children and pregnant sisters on a complaint under 498A IPC to all the police stations in the state within next 1 month.
• No arrest before written permission of DCP level officer. DCP should mention the reasons for arrest. The police manual should be updated appropriately.
• Involve NGOs working in the similar field.
• Don’t allow wife to use 498A IPC as “Arrest on Demand”.
• Stop the involvement of police in “Matrimonial Disputes”.
• Make 498A bailable and compoundable.
• No FIR without wife provides evidence for all allegations.
• Bring in amendments to make IPC 498A “Gender Neutral” so that those husbands and in-laws who are harassed can also make complaint under this IPC section against cruel wives.
• Scrutiny with the Income Tax department to be made part of the investigation in cases where dowry, gold, gifts & marriage expenses are claimed as 5 lakhs or more. This is to account for the exact transactions occurred and the source of income for these amounts. Police manual to be updated accordingly.

 

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

http://498amisuse.wordpress.com

P R E S S R E L E A S E – MEMOs to stop arbitrary arrests in case of 498A

P R E S S    R E L E A S E

Subject: National Family Harmony Society sends MEMO’s to DGP-Karnataka, COP-Bangalore, Karnataka Home Minister, Governor of Karnataka and Chief Minister of Karnataka to stop arbitrary arrests in case of 498A.

 

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.

 

The memorandums are available at the following links:

Rise of “Women Criminals” – MEMO to Governor-DGP

http://498amisuse.wordpress.com/2010/07/15/rise-of-%e2%80%9cwomen-criminals%e2%80%9d-memo-to-cm/

http://498amisuse.wordpress.com/2010/07/15/rise-of-%e2%80%9cwomen-criminals%e2%80%9d-memo-to-governor-ka/

http://498amisuse.wordpress.com/2010/07/15/rise-of-%e2%80%9cwomen-criminals%e2%80%9d-memo-to-governor-home-minister-ka/

http://498amisuse.wordpress.com/2010/07/15/rise-of-%e2%80%9cwomen-criminals%e2%80%9d-memo-to-governor-cop/

Nowadays it has become a routine and every week newspapers are having news article about adultery and Extra Martial Affairs relationship by wives.

Hundreds of husbands who are harassed and tortured by their wives approach our NGO to seek help. In a survey conducted by our NGO we found that adultery and extra martial relation by wives who are caught by husbands is one of the major reasons for breaking of the marriage. In order to hide their mistakes such women file criminal cases against husbands and all their family members. Such Husbands who are already harassed by their wives are further tortured by the police who are not trained enough to deal with matrimonial disputes.

Since the 498A IPC is non bailable, hence on a mere complaint by the such wives the tendency of the police is to immediately arrest all those named in the FIR and send them to Judicial Custody. Normally the police officer justify such arrests saying 498A IPC is non bailable and since it is a women related matter they have little choice, little realizing that on such a false complaint two more women i.e. mother and sister of the husbands are also arrested. If the police officer starts justifying the above stand then it will lead to chaos in the orderly civil society wherein any wife who is caught in “Extra Martial affair” or Adultery will more and more start using 498A IPC for “Arrest on Demand” against husband and his family on whom they have grudges with an intention to take revenge and it will lead to collapse of orderly civil society.

Honorable Former Chief Justice VENKATACHALLIAH, M.N. on “25/04/1994” while delivering a judgment wrote:

“No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter. The recommendations of the Police Commission merely reflect the constitutional concomitants of the fundamental right to personal liberty and freedom. A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified.”

OUR DEMANDS:

• No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
• Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws.
• Issue circular to stop arbitrary arrest of elderly persons, children and pregnant sisters on a complaint under 498A IPC.
• Involve NGOs working in the similar field.
• Don’t allow wife to use 498A IPC as “Arrest on Demand”.
• Stop the involvement of police in “Matrimonial Disputes”.
• Instruct police to follow earlier circulars issued by COP-Bangalore, Your office and the recent Advisory issued by Union Ministry of Home Affairs dated 20-October-2009 vide no 3/5/2008-Judl Cell regarding “Misuse of section 498A of IPC”.

 

For more information please contact

P Suresh, President,                                           M Mahesh, General Secretary,

9880141531                                                      9731569970

National Family Harmony Society                          National Family Harmony Society

You are also requested to visit

www.498a.org.in / www.family-harmony.org / http://498amisuse.wordpress.com/

P R E S S R E L E A S E – Stop arbitrary arrests using 498A

P R E S S    R E L E A S E

Subject: National Family Harmony Society demands to stop arbitrary arrests of ordinary law-abiding citizens under IPC Sections 498A, 304B, Dowry Prohibition Act and related women centric laws. Memorandum in this regard had been sent today to sixteen constitutional authorities including Prime Minister, President, Chairman-Rajya Sabha, Speaker-Lok Sabha, Chairperson-NHRC, Chief Justice of India, Union Home Minister, Home Minister of Karnataka, Chairperson-SHRC, DGP-Karnataka, COP-Bangalore, Union Law Minister, Karnataka Law Minister, Chief Justice of Karnataka, Governor of Karnataka and Chief Minister of Karnataka.

 

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.

 

The memorandums are available at the following links:

Regarding arbitrary arrests under 498A IPC – Union Home Minister

http://498amisuse.wordpress.com/2010/07/08/regarding-arbitrary-arrests-under-498a-ipc-union-home-minister/

Regarding arbitrary arrests under 498A IPC – Chief Minister – Karnataka

http://498amisuse.wordpress.com/2010/07/08/regarding-arbitrary-arrests-under-498a-ipc-chief-minister-%e2%80%93-karnataka/

Regarding arbitrary arrests under 498A IPC – Governor – Karnataka

http://498amisuse.wordpress.com/2010/07/08/regarding-arbitrary-arrests-under-498a-ipc-governor-%e2%80%93-karnataka/

Regarding arbitrary arrests under 498A IPC – Prime Minister

http://498amisuse.wordpress.com/2010/07/08/regarding-arbitrary-arrests-under-498a-ipc-%e2%80%93-prime-minister/

Regarding arbitrary arrests under 498A IPC – President

http://498amisuse.wordpress.com/2010/07/08/regarding-arbitrary-arrests-under-498a-ipc-%e2%80%93-president/

Regarding arbitrary arrests under 498A IPC – Law Minister – Centre

http://498amisuse.wordpress.com/2010/07/08/regarding-arbitrary-arrests-under-498a-ipc-%e2%80%93-law-minister-centre/

Regarding arbitrary arrests under 498A IPC – CJK

http://498amisuse.wordpress.com/2010/07/08/2136/

Regarding arbitrary arrests under 498A IPC – CJI

http://498amisuse.wordpress.com/2010/07/08/regarding-arbitrary-arrests-under-498a-ipc-%e2%80%93-cji/

Regarding arbitrary arrests under 498A IPC – COP

http://498amisuse.wordpress.com/2010/07/08/regarding-arbitrary-arrests-under-498a-ipc-%e2%80%93-cop/

Regarding arbitrary arrests under 498A IPC – DGP

http://498amisuse.wordpress.com/2010/07/08/regarding-arbitrary-arrests-under-498a-ipc-%e2%80%93-dgp/

Regarding arbitrary arrests under 498A IPC – SHRC

http://498amisuse.wordpress.com/2010/07/08/regarding-arbitrary-arrests-under-498a-ipc-%e2%80%93-shrc/

Regarding arbitrary arrests under 498A IPC – NHRC

http://498amisuse.wordpress.com/2010/07/08/regarding-arbitrary-arrests-under-498a-ipc-%e2%80%93-nhrc/

Regarding arbitrary arrests under 498A IPC – Home Minister – Karnataka

http://498amisuse.wordpress.com/2010/07/08/regarding-arbitrary-arrests-under-498a-ipc-%e2%80%93-home-minister-karnataka/

Regarding arbitrary arrests under 498A IPC – Law Minister – Karnataka

http://498amisuse.wordpress.com/2010/07/08/regarding-arbitrary-arrests-under-498a-ipc-%e2%80%93-law-minister-%e2%80%93-karnataka/

Regarding arbitrary arrests under 498A IPC – Lok Sabha Speaker

http://498amisuse.wordpress.com/2010/07/08/regarding-arbitrary-arrests-under-498a-ipc-%e2%80%93-lok-sabha-speaker/

Regarding arbitrary arrests under 498A IPC – Rajya Sabha Chairperson

http://498amisuse.wordpress.com/2010/07/08/regarding-arbitrary-arrests-under-498a-ipc-%e2%80%93-rajya-sabha-chairperson/

 

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. 

OUR Demands:

 

• Stop the heavy misuse of Gender Biased laws such as 498A, 304B, Dowry Prohibition Act and related laws.
• No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
• Implement recommendations of Law Commission and “Malimath committee” to make 498A bailable.
• Bring in amendment to stop arbitrary arrest of elderly persons, children and pregnant sisters.
• Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws. 
• Bring in amendments to make IPC 498A “Gender Neutral” so that those husbands and in-laws who are harassed can also make complaint under this IPC section. 
• Ban involvement of police in “Matrimonial Disputes”

 

For more information please contact

P Suresh, President,                                           M Mahesh, General Secretary,

9880141531                                                      9731569970

National Family Harmony Society                          National Family Harmony Society

You are also requested to visit

www.498a.org.in / www.family-harmony.org / http://498amisuse.wordpress.com/

NFHS Demand “Holiday Courts” and “Evening Courts” similar to Tamil Nadu and Orissa in Family Court Bangalore

P R E S S    R E L E A S E

NFHS Demand “Holiday Courts” and “Evening Courts” similar to Tamil Nadu and Orissa in Family Court Bangalore

Today NFHS has submitted a list of proposals and suggestions to Chief Justice-Karnataka, Chief Minister-Karnataka, Honorable Governor-Karnataka, Law Minister-Karnataka and Principal Judge, Family Court-Bangalore:

Subject: National Family Harmony Society (NFHS) supports the recent initiative of Chief Justice, Madras and Cabinet decision of Orissa Government to start “Holiday courts” and “Evening Courts” respectively. We demand similar steps be taken at Family Court, Bangalore to bring down the huge pendency of matrimonial cases in Family court, Bangalore.

 

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.

 

Holiday court Initiative in Tamil Nadu:

http://timesofindia.indiatimes.com/india/Holiday-court-to-suit-working-couples-/articleshow/6136587.cms

 

Evening courts initiative in Orissa:

http://www.telegraphindia.com/1100707/jsp/orissa/story_12654704.jsp#

Gujrat, TamilNadu, Pujab and Delhi are some of the states where evening courts are functioning successfully. Our NGO works very closely with family court litigants and we provide counseling and other possible advice and help to the litigants of the family court. These litigants have a failed marriage and had already undergone lot of trouble, harassment and mental torture due to a failed marriage. Such litigants approach Family Court to get some relief or Justice. But they are further tortured and harassed by a system which is extremely slow, inefficient and insensitive to the needs of such litigants.

As per media reports thousands of cases are pending in the family court, Bangalore from many years. To get divorce or child custody it takes many years. Even to dispose an interim application it takes many months. The litigants go to the family court just to get another date. Adjournments, delay and endless wait in the Family Court are the norm of the day. These litigants need to be treated with extra care and emotion as these cases are different from a cheque bounce or a property dispute case. These cases involve human emotions and sentiments.

Our NGO has received cases where litigants are having suicidal tendencies due to the in-ordinate delays in disposing the cases. In order to alleviate the sufferings of the litigants of family courts, we have submitted following list of proposals and suggestions to Chief Justice-Karnataka, Chief Minister-Karnataka, Honorable Governor-Karnataka, Law Minister-Karnataka and Principal Judge, Family Court-Bangalore:

• Induct more judges and extend the court timings to late evenings.
• Family courts should start an evening shift in addition to the regular day shift.
• Due to the heavy pendency of the cases Family Courts should operate on Sundays also with additional judges.
• Additional 6 more family courts in addition to the existing 4 family courts should be opened without any further delay to cope up with the huge pendency.
• The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
• The Family Courts to officially suspend the practice of summer vacation to the benches till the time limit of Six months is met.
• The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
• All long-pending (one year and above) cases should be transferred to the Fast Track Courts to dispose of within a time limit.
• Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
• As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
• The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
• Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” that are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal case.

 

For more information please contact

P Suresh, President,                                           M Mahesh, General Secretary,

9880141531                                                      9731569970

National Family Harmony Society                         National Family Harmony Society

You are also requested to visit

www.498a.org.in / www.family-harmony.org / http://498amisuse.wordpress.com/

P R E S S R E L E A S E – All India “Jail Bharo” on 6th July

P R E S S    R E L E A S E

All India “Jail Bharo” on 6^th July

 

Aryan Vaid, former Mr. India and the first Indian to win Mr. International title is endorsing our “Jail Bharo” campaign.

 

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 as a sign of protest against arbitrary arrests of ordinary law-abiding citizens under IPC Sections 498A, 304B, Dowry Prohibition Act and related laws. This protest is being carried out in Bangalore, Hyderabad, Chennai, Delhi, Mumbai, Lucknow, Calcutta, Pune, Nagpur and many other cities across India.

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.

Honorable members of the Parliament have been raising questions in the parliament at regular interval regarding the heavy misuse of IPC Sections 498A, 304B, Dowry Prohibition Act and related laws.

Honorable Supreme Court and various High Courts have observed from time to time that these women centric laws are being highly misuse. Honorable Supreme Court had observed that IPC 498A is being used as “Legal Terror”.

 

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 as a sign of protest against arbitrary arrests of ordinary law-abiding citizens under IPC Sections 498A, 304B, Dowry Prohibition Act and related laws.

OUR Demands:

• Stop the heavy misuse of Gender Biased laws such as 498A, 304B, Dowry Prohibition Act and related laws.
• No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
• Implement recommendations of Law Commission and “Malimath committee” to make 498A bailable.
• Bring in amendment to stop arbitrary arrest of elderly persons, children and pregnant sisters.
• Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws.

 

Activities on 6^th July

• MEMO to Prime Minister with demands
• MEMO to President with demands
• MEMO to Commissioner of Police with demands
• We have not received permission from COP, Bangalore for “Jail Bharo” till now. On the one hand ordinary and innocent citizens are being arrested arbitrarily under these women centric laws on the other hand we are being denied permission even for peaceful protest.

 

For more information please contact

P Suresh, President,                                           M Mahesh, General Secretary,

9880141531                                                      9731569970

National Family Harmony Society                         National Family Harmony Society

 

You are also requested to visit

www.498a.org.in / www.family-harmony.org / http://498amisuse.wordpress.com/

P R E S S R E L E A S E – ALL INDIA JAIL BHARO CALLED BY “Ravindra Gangurde”

P R E S S    R E L E A S E

NFHS SUPPORTS THE ALL INDIA JAIL BHARO CALLED BY “Ravindra Gangurde”

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.

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.

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. We submitted a letter today to the Commissioner of Police, Bangalore requesting for permission to submit a memorandum to him personally on 5^th July.

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), would like to extend 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.

We had sought permission of the Commissioner of Police, Bangalore to submit a memorandum to him personally at the Commissionerate of Police in Infantry Road on 5th July.

Following enclosures were submitted along with request letter.

Encl:

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.

For more information please contact

P Suresh, President,                                           M Mahesh, General Secretary,

9880141531                                                     9731569970

National Family Harmony Society                       National Family Harmony Society

You are also requested to visit

www.498a.org.in / www.family-harmony.org / http://498amisuse.wordpress.com/

Press Release : Trial By Media is Violation of Human Rights

  P R E S S R E L E A S E

 

NGO SUBMITS PETITION

TO

Karnataka State Human Rights Commission

Trial By Media is Violation of Human Rights

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.

Subject: Members of “National Family Harmony Society® today met officials of the Karnataka State Human Rights Commission and submitted a petition 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” said president of NFHS, P Suresh. 

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.” said General Secretary of NFHS, M Mahesh.   

“Channels are competing with each other to invent new terms to paint the husband and his family members as the worst villains and making assumptions about the guilt of the husband and his family members merely based on allegations of the complainant wife. They are also passing generalized remarks demeaning all men and passing verdicts about the appropriate punishment for the accused husband and his family members.” said Executive member of NFHS, Ragenvendra Naik.  

“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.” said Executive member of NFHS, Kiran.  

“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.” said Executive member of NFHS, Uday Reddy.  

“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.” said Executive member of NFHS, Hussain. 

“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.” says Executive member of NFHS, Umesh. 

National Family Harmony Society® Appeal to KSHRC: 

NFHS appeal to the Karnataka State Human Rights Commission to please render justice to victims of media malice by 

v  Directing all newspapers and news channels to stop publishing/telecasting of family disputes between wife and husband as news. 

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

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

v  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. 

v  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. 

v  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. 

Helpline operated by NFHS in Bangalore 

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

For more information please contact 

P Suresh, President,                                           M Mahesh, General Secretary, 

9880141531                                                     9731569970 

National Family Harmony Society                        National Family Harmony Society 

You are also requested to visit 

www.498a.org.in / www.family-harmony.org / http://498amisuse.wordpress.com/

Fathers’ Day becoming Fatherless Day

P R E S S    R E L E A S E

ON THE OCCASION OF FATHERS’ DAY – 20 JUNE

Subject: Fathers’ Day becoming Fatherless 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.

Fathers’ Day is celebrated on the third Sunday of June every year, but for many children 20th June will be a Fatherless Day this year.

Every year more and more children are becoming fatherless thanks to the Family Courts which grant sole and total custody of children to mothers, with total disregard to the love and affection that fathers and children have towards each other.

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.

NFHS has recently joined Nationwide Boycott of Family Courts on 18th June 2010, in association with All India Men Welfare Association (AIMWA) and many other NGOs to highlight the above issues. This protest was organized across Bangalore, Hyderabad, Chennai, Delhi, Lucknow, Mumbai, Calcutta, Nagpur and many other cities all over India.

NFHS also participated and supported the “NATIONAL FATHERS DAY RALLY” on 19th June 2010, to stop the creation of a fatherless society organized by CHILDREN’S RIGHTS INITIATIVE FOR SHARED PARENTING (CRISP) in Bangalore.

NFHS also submitted a memorandum to Honorable Chief Justice of High Court of Karnataka Shri PD Dinakaran on 18^th June 2010 regarding various child issues related to matrimonial disputes in Family Court in Bangalore.

All these protests and events have received wide media publicity in print and electronic media. Please see the link for some of the coverage. Please check link below.

http://498amisuse.wordpress.com/category/ngo-related/press_coverage/

http://498amisuse.wordpress.com/category/ngo-related/protest-news/

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

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

Nationwide Boycott of Family Courts

P R E S S    R E L E A S E

Nationwide Boycott of Family Courts

On 18 June 2010 – Friday before 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 is joining a Nationwide Boycott of the Family Courts called for by All India Men’s Welfare Association (AIMWA) on 18 June 2010 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.

NFHS 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.

NFHS 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.
• Similar to the way the granting of maintenance to an estranged wife is made as a rule irrespective of whether she erred or not, granting 50% parenting should be made as a rule irrespective of whether the father is paying the maintenance or not, whether he has erred or not.
• 50% child custody should be a Right of the Father rather than an option. 50% child custody should be started from the 2nd year of the child. No father should be rejected of the 50% child custody even if he is a criminal.
• Maintenance should be denied to the wife if she rejects 50% child custody to the father.
• Family Courts should ensure that Child will not be used as a bargaining tool for maintenance & alimony by the wife.

 

NFHS 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!

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

Elder Abuse Awareness Day

P R E S S    R E L E A S E

ELDERS ABUSE AWARENESS DAY

June 15^th is the 5^th annual Elder Abuse Awareness Day. Organizations and communities across the world are engaging in activities which will raise awareness of this serious problem affecting elderly citizens worldwide. Elder Abuse Awareness Day was started in 2006. In its initial year, several hundred organizations and government entities participated in activities intended to help promote a better understanding of the issues surrounding elderly abuse in nursing homes around the world. Participation in the event has grown considerably each year.

National Family Harmony Society® is working towards creating awareness from many years regarding various issues of the aged, elder, ailing and senior citizens in India. NFHS has drawn the attention of the Government on the occasion of elder’s abuse awareness day regarding various issues faced by elderly senior citizens in India.

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.

It is a well known fact that normally in the context of Indian society and culture aged old parents normally stay with their son and daughter-in-law in the last leg of their life. It is being increasingly noticed as a trend that often such aged parents are tortured and harassed by the daughter-in-law and are exploited due to the fact that they are old, weak, ailing and do not have a place to live in the older age. Unlike the western countries where there are shelter homes provided by Government, In India such aged, elderly parents have to depend upon their son and daughter-in-law for their survival, medical treatment and care etc. This is also a fact of the life that once a person cross 50+ they suffers from various ailments for which they need extra care, affection treatment extra etc. A modern, young, well educated and working daughter-in-law considers age old parents of her husband a burden on her, as she needs to take care of them and also because she considers them an inhibition on her freedom to life.

“This is a well known fact that misuse of dowry laws (IPC 498A) and other women protected laws like Domestic violence Act now has become a well recognized problem in India. Increasing number of aged old parents in the husbands family are falsely accused and arrested and thrown out of their houses under these laws, and find them defenseless against legal terror unleashed thereafter. As per NCRB data 3500 senior citizens were falsely arrested merely on a false complaint of daughter-in-law.” said President of NFHS P Suresh.

“Over the years, various responsible agencies including Indian Judiciary has stressed on the need for amending these atrocious laws. The world health organization identified misuse of IPC 498A as the prominent reason for elder abuse in India” said General Secretary of NFHS M Mahesh.

A report on ”Elder abuse in India” by the United Nations, talks of dowry laws in India that girls are misusing to harass their aged, elder in-laws. Aged parents, after struggling lifelong and after discharging various duties and responsibilities such as education of the children, house, and marriage of the children wants a peaceful life in the old age. But as is found by various research reports by various NGO’s across India, they suffer the most in case the marriage of their son and daughter-in-law ends in dispute. Under the dreaded and dangerous IPC 498A the elderly parents of the husbands are immediately arrested and sent to prison, just on a written false complaint of the daughter-in-law. After a struggling life the elderly parents have to undergo the harrowing and humiliating experience of prison and police station.

“Why the aged old parents are immediately arrested just on the false complaint of daughter-in-law? Why the repeated pleas for amending these laws over the years by various NGOs and various courts are not being heard? Why are so many senior citizens being traumatized during the last leg of their lives?” NFHS activists have asked these uncomfortable questions to the Government.

IPC 498A has brought in large scale elder abuse. Apart from undergoing humiliation and harassment in the police station, courts etc and after running after the court for many years are acquitted. Such acquittal is meaningless as over the years these aged parents go through depression, disease, harassment, humiliation, torture etc.

Along with IPC 498A, Domestic Violence Act also has become a cause of worry for the innocent elders on whom false cases under these laws are being booked. Under the Domestic Violence Act, if a daughter-in-law gives a complaint to the magistrate then the entire family of the husband including his aged old parents is thrown out from the house and is forced to stay away from their own houses which they had built after years of struggle with their lifelong savings. In the name of protecting “a young married wife” senior citizens are abused and are humiliated by a system which is insensitive to the needs of elderly people.

Thoughtful points

• As per NCRB data 3500 senior citizens were falsely arrested last year due to the misuse of 498A. It means every 2.5 hours one senior citizen is getting arrested.
• On a false complaint under Domestic Violence Act, aged old parents are thrown out of their house.
• In the last leg of the life when aged old parents need care and affection are humiliated, harassed and arrested.

Demands of the NFHS

• Elderly, aged old senior citizens should not be arrested merely on a false complaint of daughter-in-law when there is no evidence and complaint is lodged with ulterior motives.
• Just as a “young married wife” has right to stay in the house of the husband, similarly a law must be enacted for similar “right of residence” for parents.
• A new law must be enacted on the lines of IPC 498A where on a complaint by elderly parents of husband, there must be provision to arrest daughter-in-law if she is found harassing aged old parents of husband. This proposed law must be non-bailable similar IPC 498A.
• Government must make compulsory provisions of pension for elderly persons and make a new law for “right to live” which will guarantee minimum monthly allowances.
• In case the complaint of the daughter-in-law against aged parents of the husband is found false then there must be provisions to punishment for daughter-in-law which will act as a deterrent against further misuse of law.

 

For more information please contact

P Suresh, President                                                          M Mahesh, General Secretary

9880141531                                                                       9731569970

FHS demands scrapping of Section 498(A)

PRESS RELEASE

Subject: “Family Harmony Society” demands scrapping of Section 498(A), even as Pakistani cricketer Shoaib Malik gets implicated in it.

About FHS: “Family Harmony Society” [www.family-harmony.org] is a Non Governmental Organization promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. “Family Harmony Society”, a men’s rights organization, creating awareness about the “Legal Terrorism” spread by misuse of marital laws like Section 498(A), Domestic Violence Act, etc. We, voices our strong concerns and objections in the matter of a case under Section 498(A) being filed against Pakistani Cricketer Shoaib Malik.

Marriage disputes before, during and after marriage are civil disputes and they have to be tried under a civil court. It has become a regular habit for women and their families to invoke section 498(A) for every petty dispute in marriage.  It is dangerous if every marriage or relationship dispute is considered a crime by the Government and it sends police to interrogate, counsel or settle these marital disputes. “What crime did Shoaib Malik commit that he is victimized in this way?” ask FHS activists.  Whether the claims by Ayesha Siddiqui are false or true, that is up to a family court or civil court to decide and give a judgment.

“Where do police come into picture?”

“Is Shoaib Malik posing a threat to anyone?”

“What Ayesha was doing till the marriage of Sania and Shoaib was announced?

Activists of the FHS have asked these above uncomfortable questions to Government and police.

The Hyderabad Police has done a grave mistake by accepting this complaint against Shoaib Malik, taking further action on it and retaining his passport. Instead, they should have simply redirected Ayesha’s family to the family court as it is a civil dispute. Either it is a case of divorce or null and void marriage. But by filing Section 498(A) against the cricketer, the police had clearly demonstrated lack of knowledge of a law 27 years old. Police is not the correct authority to interfere, investigate or counsel a family dispute. For this purpose “family courts” have been set up who should handle such cases. Government stops considering all marriage disputes as crime against women, at a time when the separation and divorce rates have risen quickly almost 7% from 1% a decade back.

The Government must scrap section 498(A) of IPC on April 16th as soon as parliament meets for Budget session. Section 498(A) is the most misused section of Indian Penal Code and there will be social unrest unless legal terrorism under this law stops. In 2008, more than 81,000 cases of 498(A) were registered which resulted in arrest of 37369 women and 127492 men. This law presumes the accused to be guilty till proven innocent.

 

Scrapping 498(A) will not harm women because real victims of dowry harassment or cruelty can use the Dowry Prohibition act and Domestic violence act to seek protection and justice. Section 498(A) is redundant today and it has done more damage to society than helping anyone.

So far as Shoaib Malik is concerned, the section 498(A) against him has to be dropped immediately and his passport should be returned to him. Indian Supreme court has warned against legal terrorism due to misuse of this law. Even president of India warned against its misuse. This law considers the accused to be guilty till proven innocent and the burden of proving oneself innocent lies with the accused.

If Government does not send a clear message in the case involving Shoaib Malik, then soon there will be enough women in India, who will claim that they have secretly married movie actors, cricketers and file cases of cruelty against them and then extort money. By not scrapping 498(A) IPC, Government is facilitating extortion, harassment and blackmail of innocent people. Government must scrap section 498(A) of IPC to save Indian families from breaking and to avoid harassment to innocent citizens.  

For more information please contact:

P Suresh, President, 9880141531                                 M Mahesh, General Secretary, 9845448472

Family Harmony Society                                                                          Family Harmony Society

“Family Harmony Society® organized a “OPEN COURT” to listen the cases of husbands

P R E S S    R E L E A S E

An “Open Court” to listen the cases of husbands

“Family Harmony Society® organized a “OPEN COURT” at its weekly NGO meeting on Sunday (23^rd May 2010) in Indira Nagar Park to listen the cases of harassed husbands at the hands of violent and aggressive wives.

About Family Harmony Society®: “Family Harmony Society®” FHS 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.

“Stories of harassment and torture poured in at the “Open Court” organized to hear the painful and harrowing stories of husbands who claimed are victims of domestic violence at the hands of their arrogant and aggressive wives.” says president of FHS, P Suresh.

He further added that “Those days are gone when wives used to claim victims of domestic violence. Now the time has taken a full circle and the 21^st century girl is modern, well educated, working, earning handsome salaries and rubbing shoulder to shoulder with male colleagues.”

M Mahesh who is General Secretary of the NGO and who also heard the cases says “The biggest problem in the society in Indian context is ‘Disintegration of families’ due to alarming rate of increase in divorce.”

He further adds that “A financially and socially independent women nowadays is not ready to accept IN-LAWS in the house and wants to have nuclear family with husband and children alone. This is breaking the century old Indian system of ‘Joint family’ which used to give security and safety to each member of the ‘joint family’ at any point of time in life”

P Suresh says “Today we received a case of a tailor, who earns a monthly salary of 4000/- per month by stitching old cloths and his wife has put a false case of dowry harassment and Domestic Violence. He was arrested and was in jail for 45 days. Also the wife is claiming a monthly of 8000/- rs. If the husband is sitting in jail then how can he earn and feed his family?” asks P Suresh”

“The tailor was in tears, shock and trauma but after meeting other victims and listing to their stories he became little composed as he realized he is not alone who has been falsely implicated by misusing dowry laws and domestic violence laws which were created by parliament with good intentions to help needy women”

Raghevendra Naik who is ‘Public Relation Officer’ of the NGO says that “Laws made by the parliament for the needy women are being heavily misused by the Greedy women and adds that is the reason 98% of the dowry cases filed by the women are proved false in the court of law as the petty matrimonial disputes are being converted into false criminal cases.”

Prasad who came from Mysore to attend the “Special hearing for husbands” says that “My wife was having an extra martial affair with her college mate and when I found she slapped a false dowry case on me. I am earning well and I have not taken a single paise from my in-laws but police won’t listen to me saying, We have to register the case as it is from a women else we will be in problem if your wife complains to higher officer”

With tears flowing down his cheeks Prasad further adds that “No one listen to us as we are husband and in this country it is assumed that only women can be victim of domestic violence. My life is spoiled and in the name of protecting women police has registered a case against my mother also. Is my mother not a Women? Does Women means only young and newly married wife?” He asks these questions and breaks down.

Shivalingaiyya who came all the way from hassan says that “I was looking for a suitable girl for me after I got separated from my first wife amicably and took mutual consent divorce. I came to know about this girl who was a widow. We had initial discussion when we came to know that she was the one who has killed her husband and she was in jail too. So I told them that I am not interested but to by utter shock on a fine morning that girl, her brother, parent and few more rowdies landed at my house early morning at 5 am and forced me to tie thaali around her neck and took pictures and then left”.

“Then after few days they filed a false case of dowry harassment against me. I am thankful to the police that they did honest investigation and gave a report to the court that I am innocent and have been falsely implicated in the case” added Shivalingaiyya who is still unable to come out of the shock and trauma.

P Suresh says that “Shivalingaiyya was probably lucky to get a favorable report from police who did free and fair investigation but that is not true in most of the cases. Police is under pressure from women organization and they do not want to be seen against women and that’s why in most of the cases they file ‘charge-sheet’ against husband and his family and wash their hand saying it is a family problem so go and fight in the court”.

M Mahesh says that “Almost all the High Courts and supreme court have acknowledged that Dowry laws are being heavily misused by women to settle score with the estranged family. Recently Union ministry of home affairs has issued a circular and guidelines to all the state governments to be very careful in registering the dowry cases as they are receiving large number of complaints regarding misuse of dowry and related laws”.

So what is way out? Should the women related laws be scrapped?

“No, there is no need to scrap these laws but there needs to be checks and balances to see that these laws are not misused to settle score with husband and his family. Also these laws should be made ‘gender neutral’ so that those husbands who are victim of domestic violence are also able to lodge complaint against errant wives”. Says P Suresh

He further adds that “Police, Judiciary, Lawyers, Society etc needs to be sensitized about the gravity of the issue. We need to keep in mind that on a false complaint of women, two more women (mother & sister) are arrested by the police. Also police should not use force and harsh language against husband and his family as this proves counter-productive in case the couple wants to stay together again.”

Helpline operated by FHS 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

Family Harmony Society® submitted memorandum to Principal Judge, Family Court, Bangalore

PRESS RELEASE

Subject: About 25 members of the NGO, “Family Harmony Society”, submitted memorandum to Principal Judge, Family Court, Bangalore, regarding inordinate delay to dispose matrimonial petitions, such as divorce, CrPC 125, Child Custody, Restitution of Conjugal Rights (RCR).

About FHS: “Family Harmony Society” [www.family-harmony.org] is a Non Governmental Organization promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.

Issues faced by litigants in the Family Court Bangalore:

ü   The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or Unjust.

ü   The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth.

ü   Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts.

ü   In the name of appointing of Amicus Curie’s the Family Courts are taken over by advocates, though the Family Courts Act has specifically banned appearance by Advocates.

ü   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.

Demands of the Family Harmony Society:

ü   The Family Courts shall ensure that all matrimonial cases be disposed within a period of one year.

ü   The Family Courts to officially state that no new cases to be taken till the old ones are disposed.

ü   All long-pending (one year and above) cases should be transferred to the City Civil Courts to dispose of within a time limit.

ü   Banning the presence & pleadings by Advocates in the family Court and Mediation.

ü   The Family Court shall nominate NGOs’, retired social welfare officers as counselors and mediators. They shall be adequately compensated fixing a rate of at least Rs10, 000/= per case payable by the spouses equally.

ü   The Family Courts shall ensure that mediators are given exclusive powers to decide on dates, adjournments and mandate them to dispose mediations & counseling quickly, without holidays. 

ü   The Family Courts shall ensure when a Husband is arrested at the instance of the wife on 498A case, automatic divorce to be granted on application for divorce by either of the spouse.

ü   The Family Courts shall ensure that equal custody of children are given to both spouses irrespective of allegations of mother be adulterous or father being a drunkard.

ü   The practice of child being shown as a TV episode to a father should be discouraged and the Family Courts shall ensure the Shared parenting concept.

ü   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.

ü   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.

ü   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.

ü   The Family Courts shall ensure that interim orders are passed at the earliest and at the discretion of the officers in respect to maintenance and custody and shall ensure the trial is not withheld over an indefinite period due to non-execution of interim orders.

ü   The Family Courts 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. 

For more information please contact:

P Suresh, President, 9880141531                                    M Mahesh, General Secretary, 9845448472

Family Harmony Society                                                                                 Family Harmony Society

Family Harmony Society® has filed a Public Interest Litigation (PIL) in the honorable High Court of Karnataka

PRESS RELEASE

Subject: “Family Harmony Society” has filed a Public Interest Litigation (PIL) in the honorable High Court of Karnataka regarding heavy misuse of multiple provision of maintenance to estranged wives.

About Family Harmony Society: “Family Harmony Society” [www.family-harmony.org] 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.

Multiple provisions of maintenance: In case of a matrimonial dispute between husband and wife there are many provisions in law in the form of various Act, CrPC etc wherein an estranged wife can claim maintenance from her husband.

Reasons for filing PIL:

• “Multiple Maintenance” results in “Double jeopardy” which is barred in the Constitution of India.
• It results in harassment for the husbands who have to run from one court to another to stand trial which is against natural justice.
• It results in tremendous stress for the already overburdened judiciary.
• Double maintenance is against the natural justice, which is right of every citizen under Constitution of India.
• Even though there are arguments that the scopes of these different Acts are different but the relief and end result is same i.e. monetary relief or in other words maintenance.
• If at all estranged wife feels that the maintenance amount awarded is less she has always the option to approach higher court for revision, there is no need at all to rush to another court to file fresh petition.
• Laws passed by parliaments in these contexts are meant for the needy wife’s who are unable to maintain themselves. They are not intended for enrichments or for providing luxury by filing Multiple Maintenance.
• The issue raised is not against wife but a relief for husbands facing harassment and stress due to Multiple Maintenance.
• In case of matrimonial disputes typically there are many cases between them and most of them are initiated by wife against husband. If the Multiple Maintenance issue is abolished or simplified then it will give a bit of relief to husbands.

Survey conducted by “Family Harmony Society”: In order to analyze the magnitude of the problem of “Multiple Maintenance” we conducted an survey. The results of the survey are attached herewith.

Demands of “Family Harmony Society”

• Put an end to the bad practice of filing multiple maintenance cases by estranged wives by directing the lower courts to entertain only one petition of maintenance.
• Direct the Union of India to mandate Law commission or setup another commission to study how the maintenance laws can be simplified.
• We seek relief for the suffering husbands to seek appropriate directions and orders from this honourable court till such time parliament passes appropriate amendments to the existing laws.

 

To obtain a soft copy of the PIL and for more information please contact:

P Suresh, President,                                                   M Mahesh, General Secretary,

9880141531                                                                       9731569970 

Family Harmony Society                                                Family Harmony Society

Family Harmony Society® supports Sunfeastworld10K Marathon

P R E S S    R E L E A S E

                      

Sunfeast WORLD 10K            Family harmony Society

 

Our NGO supports Sunfeastworld10K Marathon to protest against Marathon delays in disposing matrimonial disputes like Divorce, Child custody in Family Court. We dedicate this marathon to the suffering Women and Men in Family Court, Bangalore due to severe delays in settling disputes.

 

About Family Harmony Society®: “Family Harmony Society®” FHS 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.

Issues faced by litigants in the Family Court:

“It takes many years before a case is decided in the family court. The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or Unjust. The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth.” Said President of Family Harmony Society, P Suresh

“Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts. In the name of appointing of Amicus Curie’s the Family Courts are taken over by advocates, though the Family Courts Act has specifically banned appearance by Advocates.” Said General Secretary of Family Harmony Society, M Mahesh

“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.” Said Executive member of Family Harmony Society, Raghvendra Naik

Demands of the Family Harmony Society®:

“The Family Courts shall ensure that all matrimonial cases be disposed within a period of six months. The Family Courts to officially suspend the vacation/summer holidays to the benches till the time limit of Six months is met.” Demands General Secretary of Family Harmony Society, M Mahesh. He further asks that “when the litigants are suffering so much then how can Court go on vacation leaving behind huge pile up of cases.”

“Induct more judges, construct more courts and extend the court timings to late evenings and over Sundays also. The Family Courts to officially state that no new cases to be taken till the old ones are disposed. All long-pending (one year and above) cases should be transferred to the City Civil Courts to dispose of within a time limit.” is the demand made by President of Family Harmony Society, P Suresh

“Presence & pleadings by Advocates in the family Court and Mediation Centre should be banned. The Family Court shall nominate NGOs’, retired social welfare officers as counselors and mediators. They shall be adequately compensated fixing a rate of at least Rs 10, 000/= per case payable by the spouses equally.” Said Executive member of Family Harmony Society, Ritesh Saxena.

 

“The Family Courts shall ensure that mediators are given exclusive powers to decide on dates, adjournments and mandate them to dispose mediations & counseling quickly, without holidays”  Said Executive member of Family Harmony Society, Uday Reddy.

 

“The Family Courts shall ensure when a Husband is arrested at the instance of the wife on 498A case, automatic divorce to be granted on application for divorce by either of the spouse because when the husband and his family members are arrested and the dispute has reached to police station and courts then there is no logic is mediating the warring couple” Said Executive member of Family Harmony Society, Kiran

 

“The Family Courts 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 as a TV episode to a father should be discouraged and the Family Courts shall ensure the Shared parenting concept.” Demands Executive member of Family Harmony Society, Umesh G

 

“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.” Demands Executive member of Family Harmony Society, Vikas

 

“The Family Courts shall ensure that interim orders are passed at the earliest and at the discretion of the officers in respect to maintenance and custody and shall ensure the trial is not withheld over an indefinite period due to non-execution of interim orders.” Said executive member of Family Harmony Society, Vinod

 

“The Family Courts 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.  Spouses making false allegations are to be punished.” Said executive member of Family Harmony Society, Prasad

 

For more information please contact…

P Suresh, President,                                                M Mahesh, General Secretary,

9880141531                                                                     9731569970

Family Harmony Society                                           Family Harmony Society

 

You are also requested to visit…

www.498a.org.in

&

www.family-harmony.org

Family Harmony Society® submitted MEMO to the Honorable Chief Justice of Karnataka

P R E S S    R E L E A S E

Family Harmony Society® submitted MEMO to the Honorable Chief Justice of Karnataka to suspend summer vacation in the family courts due to huge pendency and backlog of cases.

About Family Harmony Society®: “Family Harmony Society®” - FHS – www.family-harmony.org / www.498a.org.in ] 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.

Demands of the Family Harmony Society® in the MEMO:

Suspension of Summer Vacation in Family Courts till Disposal of all long pending Cases (More than 3 year)

• The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
• The Family Courts to officially suspend the summer vacation to the benches till the time limit of Six months is met.
• The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
• All long-pending (one year and above) cases should be transferred to the Fast Track Courts to dispose of within a time limit.
• Induct more judges and extend the court timings to late evenings and over Sundays also.

Automatic Divorce in case of IPC 498A or Domestic Violence case:

The Family Courts shall ensure when a Husband is arrested at the instance of the wife on 498A case or a Domestic Violence case, automatic divorce to be granted on application for divorce by either of the spouse.

Inordinate delays in the Family courts: We are constrained to bring to CJ’s notice that there is inordinate delay in disposal of matters brought before the Family Courts.

For all practical purposes, the inordinate delay in the disposal of Matrimonial cases by the Family Courts is causing a great harassment to the spouses. The litigants, instead of getting relief, are being tortured by the system, rules, procedures and the legal fraternity. They are destined to waste their time and the prime of their youth at the corridors of the Family Courts for years together.

The Memo also listed some of the adverse effects of such excessive delays in the disposal of cases by the Family Courts of Karnataka:

• The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or Unjust.
• The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their  loss of youth

Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts

Helpline operated by FHS 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

Family Harmony Society                                                 Family Harmony Society

 

You are also requested to visit…

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

Family Harmony Society® conducts seminar regarding “How the Gender biased laws in INDIA are breaking families”

P R E S S    R E L E A S E

International Day of Families – 15 May, 2010

How the Gender biased laws in INDIA are breaking families

 

About Family Harmony Society®: “Family Harmony Society®” - FHS – www.family-harmony.org / www.498a.org.in ] 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.

On the occasion of International Day of Families – 15 May, 2010, Family Harmony Society® held Seminar at its weekly meeting at Indira Nagar, Bangalore to discuss the various threats faced by the Family in India, the consequences of systematic destruction of the Family, and what we need to do to check the alarming trend of rising number of divorces, single mothers, fatherless children, and disintegrated families.
The United Nations adopted 15 May as the International Day of Families in the year 1994. This day is meant to highlight the importance of the Family in the society. The logo of International Day of Families consists of a solid green circle depicting the society, with an image of a house and a heart in red in the centre. This symbolizes the fact that families are the centre and the heart of the society, and the society should nurture the Family which provides a stable and supporting home for people of all ages.

The much envied Indian family structure is, in fact, based on mutual tolerance and coexistence of persons belonging to different generations, and provides safety and security to individuals at all stages of life. The larger family also acts as a buffer to mitigate everyday stress and helps minimize conflicts between inexperienced married couples. This stable and time-tested cultural institution has suffered the most serious assaults due to the export of family-breaking ideologies originating in the Western world. As a result, the big fat Indian weddings are getting bigger while marriages are getting weaker and shorter. Houses are getting bigger while the hearts are shrinking and the Indian household is shattering into pieces.
Sadly, the United Nations, while observing a special day to highlight the importance of families, is simultaneously contributing to the destruction of the family in many countries around the world, including India, by sponsoring policies and laws which are harmful to the Family.
Criminalization of marriage and family relationships

Several decades ago, under the garb of equality, the communists and feminists the world over have undertaken the systematic destruction of the Family. They have portrayed marriage and family as oppressive institutions for women. They have projected understanding and tolerance to build harmonious marital relationships as a form of slavery. They have portrayed men as criminals and aggressors, and women and children as hapless victims who need to be rescued from them. They have pushed for importing of senseless anti-family laws to India, without any heed to cultural relevance, social consensus, or the presence of a suitable law enforcement system for their proper implementation.

Today, marital interactions in India have been criminalized, so much so that upon the mere complaint of a married woman alleging cruelty or abuse, the husband and his family members are arrested and jailed, without evidence or investigation. Every year thousands of decent men and their family members are confronted with the shocking reality that today, being born a man, giving birth to a male child, or sharing a womb with one is a crime.

In India, marriage is a crime if you are a man, as there is not a single action a husband might do or not do that does not qualify as an offence, and cost not only him, but even his parents and siblings dearly. IPC Section 498A, Domestic Violence Act, Dowry Prohibition Act, and a slew of one-sided laws enshrined in the “Family Law”, are all designed to criminalize an ordinary law-abiding citizen. It is no surprise that the apex court of India observed that the Hindu Marriage Act is breaking more families than uniting, and that IPC Section 498a has unleashed “legal terrorism” in the country.

New weapons of family destruction or more lethal versions of existing ones are always on the anvil, thanks to anti-male, anti-family organizations, and one is never sure when and how they will strike another death blow on the family.
Legal Sanction of homosexual relationships, live-in-relationships, pre- and extra-marital relationships

After creating various fetters to discourage heterosexual marriage and normal family relationships, there is an upcoming trend of granting legal sanction to hitherto unacceptable homosexual relationships, live-in-relationships, pre- and extra-marital relationships through outrageous remarks and judgments by the judiciary, and even laws made by our elected representatives.
Sexual Freedom i.e. an individual’s right to have unrestrained sex with anyone appears to be the basis for women’s rights. The National Commission for Women (NCW) encourages adultery by women by seeking legal measures for an adulterous wife to claim maintenance from her husband. In other words, a husband is obliged to maintain a woman who is sleeping with someone else! Also, adultery by a man is a criminal offence, but adultery by a woman is, at best, equivalent to a woman’s sexual expression and liberation, and at worst, a civil wrong.
While the NCW is spearheading a sexual revolution, ultra-liberal celebrities like Khushboo are encouraging women to abandon the ideals of premarital virginity and marital fidelity as vestiges of worthless Indian morality. According to them, promiscuous sex should be seen as a morally indifferent and innocuous source of pleasure. How innocuous this source of pleasure can be is indicated by the rates of teenage pregnancies, sexually transmitted diseases, abortion and foeticide, illegitimacy, and adolescent crime in the Western countries.
American author and judge, Richard Posner, aptly notes in his book Sex and Reason, the “freer women are sexually, the less interest men have in marriage.” With demands for maintenance to an adulterous wife, one should not be surprised, if, in a few years, Indian men, on a large scale, will shun marriage like their Western counterparts, as marriage is not a necessary ticket to a woman’s bedroom. NCW seems to want to transform women into easily disposable sex objects so that there are more and more abandoned, destitute, frustrated, angry women, who hate themselves and men, and NCW’s survival is guaranteed for many more generations.
Promoting a fatherless society

Enjoying the love and affection of both parents is not only a basic right of children, but it is also important for a child’s normal development. Disregarding children’s welfare and best interest of children, anti-family laws have been designed to violate a child’s right to the love and affection of both parents.
Statistics from the United States reveal that, compared to children in intact families, children in fatherless homes are:

• 5 times more likely to commit suicide
• 32 times more likely to run away from home.
• 20 times more likely to have behavioral disorders
• 14 times more likely to commit rape.
• 9 times more likely to drop out of high school.
• 10 times more likely to abuse chemical substances (become drug addicts)
• 9 times more likely to end up in a state-operated institution
• 20 times more likely to end up in prison.

In addition, 3 million teenage girls have sexually transmitted diseases, and at least 1 out of 4 teenagers in the age bracket 14-19 suffers sexually transmitted diseases.
While there is ample evidence to show that children need both parents, Indian “family laws” have stolen the right of a father to love and care for his children, but impose unlimited financial responsibilities on the father. Giving unfettered right of access to children to the mother and little or no visitation to the father is the order of the day. Custody laws allow for passing of ex-parte orders to take away the custody of a child from the father on the sole basis of the self-serving affidavits of a complainant woman. In fact, false allegations of abuse are made and cases filed under IPC Section 498a and Domestic Violence Act as a means to strategically eliminate fathers from children’s lives.

The few fathers who succeed in getting visitation orders are left with just the paper orders which even the courts which passed them are unable to uphold if disobeyed by the mother. Fathers who try to make contact with their own children are labelled kidnappers and are constantly under the fear of being arrested unless they give up their desire to see their children.
Why this trend continues and who benefits?

The realization of the communist’s and feminist’s dream of female sexual revolution, responsibility- free relationships, and fatherless homes comes with a huge price tag, which includes the destruction of marriage and the family, increase in the number of illegitimate children, legitimate but fatherless children, juvenile and adolescent crime, unwanted pregnancies, abortion, and numerous abandoned and frustrated women. There is also an increase in the number of men committing suicide or murdered by abusive or adulterous spouses.

These dangerous trends continue because most common men are unaware of what is brewing in the name of women’s rights and empowerment. Many of those who are aware think, “I am a good person, and those who are complaining must have done something to deserve the suffering”. Most others think this hue and cry about destruction of the family is a joke. It is certainly no joke, and the thousands of men who have been jailed along with their families, rendered homeless and deprived of their children will tell you why. If not, you can be sure that before you realize it, your own family or a family you know could fall prey to the vicious agenda of radical ideologues.

These harmful trends prevail because people are ignoring the fact that marriage and monogamy are a result of social evolution with inherent benefits and costs to both sexes, involving a lot of compromises and adjustment. Many do not understand that partner violence is a reality but it happens because of three reasons (1) Psychological problems (2) Addictions and (3) Criminal tendencies. Many do not realize that majority of partner violence occurs due to the first two reasons, that violence due to criminal tendencies is very rare, and most importantly, that partner violence is not gender-driven.

Meanwhile, everyday, scores of marital discords are being escalated into criminal cases and legal battles. They give a sense of instant gratification, revenge or a false feeling of control to a disgruntled woman and her family, but in reality, the only people who benefit from this are middlemen – women’s organizations, police, lawyers, judicial officers and court staff – who are eagerly scavenging to get rich at the expense of the decaying family system, not realizing its consequences to their own families and the future generations.
The way ahead

The Universal Declaration of Human Rights states, “the family is the natural and fundamental group unit of society, and is entitled to protection by society and the State.” It also states, “men and women,…, are entitled to equal rights as to marriage, during marriage and at its dissolution. “

The import of destructive feminist ideologies and anti-family laws has broken many Indian homes, depriving children of a healthy childhood. A report by the World Health Organization cited misuse of anti-family laws as a major factor contributing to the increasing abuse of the elderly in India. Many individuals have ended their lives unable to endure the humiliation of being arrested and the trauma of fighting false cases, which typically span 5-7 years. Many young men have lost the most productive years of their lives fighting false allegations of abuse. There are also an increasing number of unhappy single women and mothers, as the one and only institution that had served as the source of constant support and protection for the woman is now under severe threat.

Unless all responsible citizens rise up against the tyranny of anti-family laws and the system that implements them, there is no hope of survival for the Indian Family.

Resolution by Family Harmony Society…

On the occasion of International Day of Families, Family Harmony Society will be passing a resolution to restore fairness in the family laws and their implementation, and also to stress on a Domestic Harmony Act, in place of all the family-breaking laws.

A Joint Action Committee will be formed comprising of all NGOs across the country working towards gender-neutral, family-friendly laws to draw up a detailed memorandum with our observations and recommendations to the Ministry of Law and Justice on all marriage and family-related laws including the Hindu Marriage Act, Special Marriage Act, Guardians and Wards Act, CrPC Section 125, Hindu Adoptions and Maintenance Act and Domestic Violence Act.

Appeal to the Government

We appeal to the Government, media and society to play a positive role in strengthening the institution of Family instead of precipitating its destruction. The Government of India should NOT allow radical, anti-family organizations or individuals to take part in making or amending laws. The media should stop sensationalizing family disputes and spreading half-truths either in the name of news or entertainment. Every member of the society should understand that the Family is our only system of social security, and must reject laws, policies and activities which harm our families.

Helpline operated by FHS 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

Family Harmony Society                                                 Family Harmony Society

 

You are also requested to visit…

www.498a.org.in

www.family-harmony.org

“Family Harmony Society®” submits Comments/Suggestions on DV Act to “Committee on Subordinate Legislation”

PRESS RELEASE

Subject: “Committee on Subordinate Legislation” has invited Comments/Suggestions on “Protection of women from domestic violence rules, 2006 (Bill No.: G.S.R. 644(E))” from individuals/organizations/institutions/experts on the working and efficacy of the said Rules. “Family Harmony Society” has submitted its written Comments/Suggestions on the above mentioned subject to the committee. We have also asked for oral pleadings in front of the committee members headed by senior MP Smt Najma Heptullah.

About FHS: “Family Harmony Society” [www.family-harmony.org] 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. “Family Harmony Society”, a men’s rights organization, creating awareness about the “Legal Terrorism” spread by misuse of marital laws like Section 498(A), Domestic Violence Act, etc.

Main highlights of our Comments/Suggestions submitted to the committee: In order to alleviate the sufferings of the victims of the misuse of the PWDVA, we have submitted following list of proposals and suggestions for the kind consideration of the said committee.

 

1. 1.       Remove the word, “Women” from the name:

“The Protection of women from domestic violence Act” and the Protection of women from domestic violence rules, were framed and legislated based on a myth and assumption that only women under go domestic violence. The parliament has not considered the fact MEN are equally vulnerable to domestic violence in the hands of a female or another male. Numerous incidents of domestic violence on males covered by press & media, clearly showing the evidence of violence on males, have been ignored by the parliament. We strongly request to make the said Act and the Rules “gender-neutral” by providing protection to MEN as well.

1. 2.      Provide protection to children/Senior citizens:

Anybody can be a victim of Domestic violence, including children, infants, teenagers and senior citizens. They can become victim in the hands of their own blood relatives including the mothers of the children and the sons & daughters-in-law of the aged parents. Senior citizens are mostly abused by the daughters-in-law more so by the misuse of these women-biased laws. Therefore, we sincerely request to increase the scope of the said Act and the Rules beyond “young married women” to a cover a much larger section of victims irrespective of their age & gender.

1. 3.      Include punishment clause in case of misuse:

The Protection of women from domestic violence Act is one of the most misused laws in our country apart from IPC 498[A]. This law is being misused by many of the young, educated & intelligent women with corrupt intentions to satisfy their greed, grudge & fantasies. The misuse of the Protection of women from domestic violence Act is so rampant that many of the parliamentarians, courts, Chief justices of various High courts have expressed their concerns over the misuse of this Act. There is an urgent need to introduce a punishment clause in the Protection of women from domestic violence Rules.

1. 4.      Remove live-in relationships out of the context of the Rules:

Live-in relationships are like organized prostitution. If we don’t discourage live-in relationships then we will end up promoting polygamy which is not permitted as per law. There are no rules defined under Live-in relationships. This is nothing but a different concept of prostitution and nothing but polygamy. The committee needs to look into this issue and ensure that the Protection of women from domestic violence rules does not cover live-in relationships.

1. 5.      Automatic Divorce decree should be passed on moving an application by the respondent husband:

On mere application of common sense one can conclude that a woman who is claiming domestic violence by her husband cannot be presumed to live with him any longer. More so when she is claiming for the reliefs of Protection, Residence, Maintenance orders as per the existing Protection of women from domestic violence rules. When a woman comes forward, complains and claims for these reliefs, then that itself shows that the marriage between husband and wife has broken down and the relationship between them is not cordial and that is why she has come forward to complain. In such a situation it is impossible to think that they can live together again. In such a case while providing reliefs to the woman, the husband should be granted automatic divorce decree order if he moves an application for the same at appropriate court.

1. 6.      Remove protection officer:

The Protection officer’s role is to only record the Domestic Incident report without any verification or collection of proof. Often this is done after filing the application to the Magistrate and only for the sake of process, nothing more than that. The officer will not have any role in investigating the alleged domestic violence, it is only limited to writing down the false statements and filling the report as per the wishes of the wife’s advocate. It is mostly noted that the job of the PO is just to tick mark most of the rows in the DIR on the insistence of the wife. The role of a Protection officer is absolutely unnecessary and should be removed.

1. 7.       Remove sole testimony:

Because of the rampant misuse of the Protection of women from domestic violence Act the sole testimony of the woman cannot be taken as a sole witness or as occurrence of violence. Even the Honorable Supreme Court of India in 14Feburary2010 observed that “in rape cases the testimony of the victim cannot be considered to be the gospel truth, though in normal circumstances her statement has to be relied upon.” The trial under this Act should be made in compliance to Indian Evidence Act rather than in compliance to Criminal Procedure Code.

1. 8.      Interim Orders:

We object to the delay on the main case proceedings due to the delay on passing of orders on the interim applications. Normally it is seen that there is a delay in passing of interim orders and on this ground the considerable delay on the main case. Even though the “Rules” stipulates that preferably the case should be heard and decided within 60 days but this provision is hardly followed by any court. The magistrates shall ensure that interim orders are passed at the earliest and at the discretion of the officers and shall ensure the trial is not withheld over an indefinite period due to non-execution of interim orders.

1. 9.      Perjury:

We object that due to various loopholes in the “Act & the Rules” the spouse are trading wild and false allegations at each other. As there is no provision of punishment in the “Act & the Rules” hence there is no fear in the mind of the litigants and they are indulging in leveling baseless and wild allegations against each other. This is deplorable and results in considerable delay of the proceedings. The magistrates shall order perjury and contempt proceedings in respect of exaggerated or false allegation in respect of domestic violence, cruelty when such allegations are proved to be false.  And spouses making false allegations are to be punished. 

1. 10.   Enforce strict adherence to section 6 – Application to magistrate:

If a defined rule is not followed then that leaves a chance for misuse. This rule has defined a very neat application form to be addressed to the Magistrate. As per this rule the complainant woman is supposed to fill-in the details of the breakup of the monetary reliefs that she is claiming <<Please refer page.67 in the rules PDF file under the heading – “Monetary reliefs under section 20″>>. But the complainant women do not follow this rule. This leads to claiming of exorbitant amounts of maintenance to the tune of lakhs of rupees. Claiming exorbitant amounts of maintenance is nothing but misusing the provision which is meant to protect women. It is impossible to believe that with the current economic conditions prevailing in our country that a woman would need lakhs of rupees of money for basic necessities like food, cloth, and medicines. We have seen cases where the maintenance amounts have been claimed in the range of 25,000/-, 50,000/- to 200,000/- per month. Maintenance includes only the basic necessities i.e., food, cloth, medicines & shelter. In any city in our country these basic necessities will not cost thousands & lakhs of rupees per month. The magistrates are supposed to pass orders ONLY for these basic necessities and other house hold expenses which should never run into thousands of rupees as claimed in some cases. The Act itself mandates that the maintenance amounts should be fair, just & reasonable. But this is hardly followed. We therefore pray for strict adherence to this rule, else the application should be rejected if there is not breakup given for the monetary relief claimed.

1. 11.    Enforce camera recording of the counseling under section 14 – Counselors:

We strongly deplore to the use of the said “Act” being used as a blackmail tool. The said “Act” must be used for the needy women rather being misused by greedy women. In traditional cases of misuse, women will insist on registering the case & punishing the accused/respondent during counseling/mediation. But later they deny that they did not insist on registering the case or that they registered in a fit of rage. In order to stop this particular misuse of this Act as a black mailing tool, we propose to do camera recording of the counseling/mediation done by the counselors if the accused/respondents wishes so.

1. 12.   Enforce mandatory accommodation in shelter homes under section 16 – Shelter Homes:

Shelter homes must be provided for the affected victims. When a woman undergoes domestic violence it may not be possible for her to continue to live with the accused/respondent. So, in order to protect these women, the women should be mandatorily accommodated in Govt. sponsored Shelter Homes. The cost for the accommodation may be put on the accused/respondents. The cost will be for her maintenance as per the prevailing rates as declared by the Government.

For more information please contact:

P Suresh, President, 9880141531                                              M Mahesh, General Secretary, 9845448472

Family Harmony Society                                                                                                Family Harmony Society

“Family Harmony Society®”, submitted a petition to Honorable Governor, Karnataka

P R E S S    R E L E A S E

Subject: Members of the NGO, “Family Harmony Society®”, have today submitted a petition to Honorable Governor, Karnataka, regarding inordinate delay to dispose matrimonial petitions, such as divorce, CrPC 125, Child Custody, Restitution of Conjugal Rights (RCR) and other cases relate to Family Court, Bangalore.

About Family Harmony Society®: “Family Harmony Society®” - FHS – www.family-harmony.org / www.498a.org.in ] 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.

Issues faced by litigants in the Family Court Bangalore:

ü   It takes many years before a case is decided in the family court.

ü   The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or Unjust.

ü   The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth.

ü   Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts.

ü   In the name of appointing of Amicus Curie’s the Family Courts are taken over by advocates, though the Family Courts Act has specifically banned appearance by Advocates.

ü   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.

Demands of the Family Harmony Society®:

ü   The Family Courts shall ensure that all matrimonial cases be disposed within a period of six months.

ü   The Family Courts to officially suspend the vacation/summer hoildays to the benches till the time limit of Six months is met.

ü   Induct more judges, construct more courts and extend the court timings to late evenings and over Sundays also.

ü   The Family Courts to officially state that no new cases to be taken till the old ones are disposed.

ü   All long-pending (one year and above) cases should be transferred to the City Civil Courts to dispose of within a time limit.

ü   Banning the presence & pleadings by Advocates in the family Court and Mediation.

ü   The Family Court shall nominate NGOs’, retired social welfare officers as counselors and mediators. They shall be adequately compensated fixing a rate of at least Rs 10, 000/= per case payable by the spouses equally.

ü   The Family Courts shall ensure that mediators are given exclusive powers to decide on dates, adjournments and mandate them to dispose mediations & counseling quickly, without holidays. 

ü   The Family Courts shall ensure when a Husband is arrested at the instance of the wife on 498A case, automatic divorce to be granted on application for divorce by either of the spouse.

ü   The Family Courts shall ensure that equal custody of children are given to both spouses irrespective of allegations of mother be adulterous or father being a drunkard.

ü   The practice of child being shown as a TV episode to a father should be discouraged and the Family Courts shall ensure the Shared parenting concept.

ü   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.

ü   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.

ü   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.

ü   The Family Courts shall ensure that interim orders are passed at the earliest and at the discretion of the officers in respect to maintenance and custody and shall ensure the trial is not withheld over an indefinite period due to non-execution of interim orders.

ü   The Family Courts 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.  Spouses making false allegations are to be punished. 

For more information please contact…

P Suresh, President,                                                      M Mahesh, General Secretary,

9880141531                                                                      9731569970

Family Harmony Society                                                 Family Harmony Society

You are also requested to visit…

www.498a.org.in

www.family-harmony.org

Indian Husbands are treated worst than “Ajmal Amir Kasab”,

P R E S S    R E L E A S E

Subject: Indian Husbands charged with biased matrimonial laws, made to deal with family disputes, between husband and wife, such as IPC 498A, CrPC 125, Domestic violence Act, Hindu Marriage Act etc, are treated worst than “Ajmal Amir Kasab”, Pakistani terrorist, who is charged with the deaths of 166 Indians and foreigners, has been pronounced guilty of all charges by a special court in Mumbai.

About Family Harmony Society: “Family Harmony Society” - FHS – www.family-harmony.org / www.498a.org.in ] 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.

Why only MEN and Husbands?: Let us clarify that we are not against Women. Many people ask FHS activists why this NGO was formed and what is unique about you? “This NGO was formed in 2005 in Bangalore and is having presence in 16 states and in abroad too. We formed this NGO to protect and fight for the rights of the MEN. Everyone is concerned only about the rights of women but the society and Governments has forgotten about MEN’s right” says FHS activists?

“When there is a ministry for even animal (Animal Husbandry Ministry) why not for MEN?” asks FHS activists and demands a ‘MEN’s welfare ministry’.

“In case of matrimonial disputes between husband and wife all the related laws are made heavily in favor of estranged wife, giving no chance to husbands or his parents to defend. Why husbands are treated worst than criminals and terrorist?” asks FHS activists?

“Ajmal Amir Kasab was provided with free Government advocate and even though everyone knew he is guilty, enormous amount of resource of Government and Judiciary was wasted for his trial, but in case of matrimonial disputes when an estranged wife file a false complaint under IPC 498A, all the members of the husbands including females members like mother-in-law, sister-in-law and age old grandfather, grandmother are immediately arrested and sent to jail. Even minor children are not spared. What crime we have done? Are we worst than Ajmal Amir Kasab that without proving any charges we are arrested and sent to jail? Why each and every failed marriage is branded as Dowry case? Why each and every wife’s death is converted to dowry death case without an iota of proof and evidence” FHS activists had asked these uncomfortable questions to the Government?

• Between 1995 to 2008, total of 2481660 males were arrested by police for all cognizable offence and the corresponding figure for male in 2008 was 2713971 which on sequential base is an increase of 9.36%. In 1995, total of 106079 females were arrested by police for all cognizable offence and the corresponding figure for female in 2008 was 168315 which on sequential base is an increase of 58.67%. “So it is clear that Women criminals are on rise but in our country MEN are considered worst than terrorist. Why this discrimination?” Asks FHS activists.
• An analysis of the data released by National Crime Records Bureau – www.ncrb.nic.in, between 1995 to 2008, shows that the suicide rate of MEN is increasing at an alarming rate compared to Women and most of it is attributed to “family problems”. “So government data itself shows that MEN are overburdened with responsibilities and Women are asking for equal rights but are not ready to share equal responsibilities. Why this third rate treatment to MEN?” asks FHS activists?

NCRB suicide data shows one married man commits suicide every 9 min

Year	Male	Female	Total
1996	51206	37035	88241
1997	56281	39548	95829
1998	61686	43027	104713
1999	65488	45099	110587
2000	66032	42561	108593
2001	66314	42192	108506
2002	69332	41085	110417
2003	70221	40630	110851
2004	72651	41046	113697
2005	72916	40998	113914
2006	75702	42410	118112
2007	79295	43342	122637
2008	80544	44473	125017
Total	887668	543446	1431114

 

NCRB suicide data: Who needs protection? MEN or Women?

Demand of Family Harmony Society…

• Fight for gender equality.
• Make all family related laws gender equality.
• A ministry for “MEN welfare”
• Make a provision for Men to complaint for domestic violence.
• To bring 498a under civil law.
• To make 498a bailable.
• No arrest before proper investigation.
• No arrest before the written approval of an officer not below the rank of ACP in case of 498a & Dowry Death.
• No arrests of age old parent and children.
• Dispose Divorce and child custody cases within 1 years.
• Abolish same relief under different act. E.g. a woman can seek maintenance under DV Act, Crpc 125 and HMA (Hindu Marriage Act).

Helpline operated by FHS for MEN 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

Family Harmony Society                                                 Family Harmony Society

You are also requested to visit…

www.498a.org.in

www.family-harmony.org

Online survey results regarding heavy misuse of Domestic Violence Act

PRESS RELEASE

 

Subject: “Family Harmony Society” has conducted an online survey through its website www.498a.org.in and www.family-harmony.org regarding heavy misuse of Domestic Violence Act. The survey was conducted over a period from 23-feb-2010 to 01-April-2010. The results of the survey are published herewith. These survey results are also being submitted to Shri Mahesh Tiwari, Jt. Dir., Rajya Sabha Secretariat, for consideration of the Committee on Subordinate Legislation who have invited views of various NGO’s in regard to Domestic Violence Act.

About FHS: “Family Harmony Society” [www.family-harmony.org] is a Non Governmental Organization promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.

 

Reasons for conducting the survey:

ü  To demonstrate heavy misuse of the “Domestic Violence Act” by greedy women.

ü  To find out the reasons and motive for heavy misuse.

ü  To demonstrate that “Domestic Violence Act” has only been enacted by parliament for “young married women” whereas all other women such as sisters and mothers of the husbands have been completely ignored.

ü   To find out the opinion of the husbands towards judiciary.

ü  To find out the extent of misuse by women.

ü  To find out the reasons of wife putting wild and imaginary allegations against husband.

ü  To find out the age, qualification of the majority of husbands.

ü  To find out other details such as number of children out of the marriage.

 

Main highlights of the survey:

ü  Majority of the husbands are in the age group of 25-34 years. It clearly shows that “Domestic Violence Act” is being used as a tool to harass the husbands in a failed marriage.

ü  Majority of the husbands have completed post graduation. It is far from true that highly educated persons will engage in wife beating.

ü  Majority of the people have at least one child born out of the marriage.

ü  The majority of allegations against husband are “Dowry Harassment”. When already IPC 498(A) is available for the wife to use in case of cruelty even then wives are filing another case of “Domestic Violence Act” with an intention to harass husbands.

ü  Majority of reasons why wives are putting false allegations against husband are:

• She wants her husband to throw/cut off relations with his parents/family
• She listens to and acts in accordance with her parents’ wishes at all times
• She does not wish to adjust with the husband’s family or take on any domestic responsibilities
• Her father/brother is hen-pecked and her mother dominates her family
• She lacks discretion in dealing with her married life
• She blackmails & intimidates her husband, his parents & siblings to fulfill unreasonable demands
• She opposes every word of her husband, his parents, siblings, etc.
• She is possessive and suspicious & is control freak
• She/Her family has some political connections and threatens
• She is used to living beyond her means
• She is suffering from pre-existing mental/medical Problems
• She had a relationship prior to her marriage and is still maintaining it
• She has lied about her educational level and has been caught

 

ü  Exparte orders are being passed against husbands even without their knowledge.

ü  In response to a question asking suggestion to improving the Domestic Violence Act, following are the response.

• Introduce punishment clause for misuse of DV Act.
• Introduce stringent time limits for disposition of case under DV Act.
• Make DV Act gender neutral so that husbands, senior citizens also can make a complaint in case of Domestic Violence against them..
• Multiple proceedings against husbands in various courts should be clubbed so as to save husbands from attending multiple court dates for the same allegations in all similar cases.

ü  In response to a question whether Domestic Violence Act is being misused, an overwhelming 162 people told that the Act is heavily misused.

ü  An overwhelming 133 people told that the Act is not needed at all when already provisions of IPC 498(A), CrPC 125, HMA and other reliefs are available to estranged wives.

ü  Majority of people also told that courts in general takes a sympathetic view of women even if they at fault.

ü  Majority of people also told that while passing maintenance, courts are considering salary of the husbands rather than deciding the case on merits.

ü  An overwhelming majority of people told that courts are passing orders on emotions rather than deciding cases based on law.   

For more information please contact:

P Suresh, President,                                                   M Mahesh, General Secretary,

9880141531                                                                                         9845448472  Family Harmony Society                                                    Family Harmony Society

Announcing the Candle Light Protest organized by Family Harmony Society

PRESS RELEASE

Subject: Announcing the Candle Light Protest organized by Family Harmony Society – a NGO registered under “The Karnataka Societies Registration Act, 1960”, to promote “family harmony” and “gender equality”, head quartered in Bangalore. FHS is a Non Governmental Organization promoting the cause of “family harmony” and “gender equality”.

Candle Light Protest: “Family Harmony Society” has organized a “Candle Light Protest” at Mahatma Gandhi Statue on 14Feb2010 between 17.30 hrs to 19.00 hrs to protest injustice happening to Husbands due to heavy misuse of Gender bias laws such as 498a, Domestic violence act, CRPC 125 etc. Official statistics obtained by our NGO from Government shows that the conviction rate in case of 498a is less than 1% which clearly shows that these laws are being heavily misused by estranged wife to harass husband and his family members. The extent of misuse is so much that even the Supreme  Court of India in “Sushil Kumar Sharma Vs. Union of India (UOI) and Ors” case on Jul 19 2005 held that…

“The object of the provision is prevention of the dowry menace. But as has been rightly contented by the petitioner many instances have come to light where the complaints are not bonafide and have been filed with oblique motive. In such cases acquittal of the accused does not in all cases wipe out the ignominy suffered during and prior to trial. Sometimes adverse media coverage adds to the misery. The question, therefore, is what REMEDIAL MEASURES can be taken to prevent abuse of the well-intentioned provision. Merely because the provision is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment. It may, therefore, become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with. Till then the Courts have to take care of the situation within the existing frame work. As noted above the object is to strike at the roots of dowry menace. But by misuse of the provision a new LEGAL TERRORISM can be unleashed.”

Objective and demand of Candle Light Protest:

• Make matrimonial laws “Gender Neutral”
• Introduce punishment clause for those misusing “Matrimonial laws”
• Make 498a Bailable
• No maintenance to educated, working and able bodied “Estranged wife”
• Scrap “Multiple provisions of maintenance” such as DV act, CrPC 125, HMA24, HMA25 , Hindu adoption and maintenance act and simply it.
• No arrest in 498a without proper investigation and evidence

For more information please contact:

P Suresh, President – 9880141531                                                                    M Mahesh, General Secretary – 9845448472

Announcing the launch of Family Harmony Society

PRESS RELEASE

Subject: Announcing the launch of Family Harmony Society – a NGO registered under “The Karnataka Societies Registration Act, 1960”, to promote “family harmony” and “gender equality”, head quartered in Bangalore.

About FHS:

FHS is a Non Governmental Organization promoting the cause of “family harmony” and “gender equality”.

Misuse of Gender Biased laws & official statistics:

ü   Most of the laws wrt the matrimonial disputes are “Gender Biased” and they are heavily misused to take revenge with husband and his families.

ü   Our NGO collected data from Bangalore police through RTI and found that conviction rate in 498a is less than 1%.

ü   Official data from NCRB says that between 2005-2007, number of males who committed suicide is 1,65,528 whereas number of females who committed suicide is 88,121

Aims, Objectives & Demand:

ü   To promote family harmony in the society.

ü   To create awareness for the gender equal society.

ü   To create awareness in the government, police, judiciary that gender biased laws are highly misused and abused.

ü   Rationalize the alimony and maintenance laws.

ü   Punishment for those misusing the laws made for need y.

ü   To bring IPC 498a under civil law and make it bailable and compoundable.

ü   No arrest in case of these gender biased laws without the written permission of the police officer of the rank of ACP/DCP/SP.

ü   No arrest in case of these gender biased laws without proper investigation and evidence.

ü   No arrest of women, children and elderly people.

ü   Abolish same relief under different act. E.g. a woman can seek maintenance under DV Act, Crpc 125 and HMA (Hindu Marriage Act).

Activities of FHS:

ü   To conduct seminars and press conference etc for awareness.

ü   Help victim of Gender biased laws by establishing helpline in different cities.

ü   Write petitions to the Government that these laws are highly biased towards women and highly misused.

ü   Obtain officially data from Government and study to expose the lies of National Commission of Women (NCW) that it is always women who needs protection.

ü   File Public Interest Litigation (PIL) in Supreme court/High Court to get appropriate relief for the suffering husbands.

ü   To conduct studies for the issues such as violence against men, effect of misuse of gender biased laws on society and make these laws gender neutral.

ü   Collect data through RTI (Right to information Act) regarding misuse of the gender biased laws.

ü   To create awareness in the government, police, judiciary that whereas there are multiple forums and Act’s for the women to seek help and relief but no forum for men to seek help in case of distress due to gender biased laws.

ü   To establish helpline for the victims of women biased laws in case of distress in different cities.

ü   Conduct weekly meeting of the victims of gender biased laws for help, advice and counseling

ü   Organize Dharna, Seminar & protest etc in partnership with organization with similar aims and objectives.

ü   To help victims of gender biased laws such as IPC 498a, IPC 304B, Crpc125, Domestic violence Act etc.

Current & planned activities:

ü   We are in the process of collecting data for a PIL to be filed in High Court of Karnataka regarding the issue of misuse of Multiple Maintenance claims.

ü   We have organized a “Candle Light Protest” at Mahatma Gandhi Statue on 14Feb2010 to protest injustice happening to Husbands due to “Multiple Maintenance” and “Heavy Maintenance” even to wives who are “Highly qualified” and are earning.

ü   We conduct regular weekly meetings on Sunday at Indira Nagar park and offer free advice and counseling’s.

For more information please contact:

P Suresh, President                                                                                                         M Mahesh, General Secretary    

Family Harmony Society                                                                                                                       Family Harmony Society

+91-9880141531                                                                                                                                        +91-9845448472