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NFHS strongly condemns WCD proposal re salary to housewife…Petition sent to PM…

September 27, 2012 1 comment

To,                                                                                                                                                                                                          29th September 2012 / Bangalore

Honorable Prime Minister of India,

Prime Minister’s Office, Room No: 148 B,

South Block, New Delhi – 110001

Subject: Regarding unscientific proposal by Women and Child Welfare Ministry regarding salary to housewives for household work.

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

 

The entire nation has been watching in horror, dismay and shock the recent proposal from the Ministry of Women and Child Development that it will be mandatory for husbands to pay salary for housewives for household work. Such bizarre thoughts and horrible proposal from WCD is a result of viewing women from a prism, which cannot see anything but only wives. We are particularly using the word wives as the said ministry has lost sight of other women like mother and sisters.

By making such a proposal wherein the said ministry has proposed salary for doing household work to wife, they have degraded the value of Indian wife. Only a servant is paid for doing household work. In this country where a woman is worshiped as goddess, the said ministry has degraded the values of a woman from goddess to servant. It is really pity on them that they are actually comparing a wife to servant and asking husbands to pay for it. Has our Indian woman’s value degraded so much that they need salary for performing the duties and responsibilities towards their family? Can we imagine what could have happened, if our mother had asked salary from our father? This thought is so bizarre even to think off.

Has the said ministry understood the family system of our great nation? Probably not!! Because as the name of the ministry suggest that it is only ministry of women and child welfare!! They have nothing to do with family or family welfare. The said ministry cannot see anything beyond woman (Read wife as they have nothing to offer for the benefit and welfare of mothers and sisters) and in the process by making such laws and proposals in the name of woman welfare, actually they are destroying the age old tested and proven family system of India.

It is an open secret that current woman welfare laws designed by the said ministry e.g. 498A IPC, Domestic violence Act, Hindi Marriage Act etc has accelerated the process of family disintegration. These existing laws which are gender biased, in favor of woman, has been the single most factor for conflicts and breaking of families. Concerned and alarmed over the rapid pace of the disintegration of families and the courts being flooded with divorce petitions, a vacation Bench of Supreme Court, Justices Arijit Pasayat and G S Singhvi observed that “The Hindu Marriages Act has broken more homes than uniting,” “Even at the time of marriages, anticipatory divorce petitions are being filed,” the Bench remarked sarcastically.

The misuse of the gender biased laws such as 498A IPC, Domestic violence Act is an open secret. It has become a fashion to drag the entire innocent family to court and police station just on a false complaint of Dowry harassment. Simply because these Gender biased laws were designed in an un-scientific manner without gauging the ground realities. No wonder that these gender biased laws have become the primary reason for the breaking of families.

Off course WCD will wash their hands citing that their mandate is for the benefit of woman and they have nothing to do with welfare of family or protection of family.

Paying salary to wife for house hold work is not heard off even in well developed western countries. By making such anti family laws our great nation should not become a laughing stock in others eye. On a lighter note it can be imagined that Indian embassies in abroad are working overnight to clear VISA applications of women as they can enter India, get married and get paid after marriage.

If we think of our age old family system then we realize that in the olden days we had concept of joint family then over the period of time due to the unscientific and old fashioned gender biased laws the joint families disintegrated and we were left with nuclear family. Now due to such anti family laws which are made in the name of woman empowerment, daughter in laws are not allowing parents in law in the house and in the name of family we are left with husband, wife and children. Now due to these laws, even this structure of family is crumbling. If we think of the age old joint family system, each and every member had duty and responsibility and they performed their duties without any thought of getting paid. If this bizarre proposal of the WCD is accepted then the days is not far off when fathers will start claiming salary from son in old age, mother will start claiming salary from her children, and sisters will ask salary from brothers. Since family is the basic unit of the society hence eventually due to the said proposal first families and consequently society will collapse.

Western nations and other developed nation look upon our great nation as we have a strong family set up. A setup which is based on love and affection and it is due to this strong family setup that our society is strong and solid. Let us not create fixtures and rift in family by such proposals.

In the context of above paragraph, even the thought of payment to wife is highly deplorable because you being Ex governor of reserve bank of India and Ex Finance minister of this country knows very well that payment, loss, profit, revenues etc are the terms used in corporate, business and companies not in the context of family. Let not degrade our family system by comparing it to business. Family is a setup where each and every member has his duty and responsibility and they do it for family not for payment.

Family is a setup where each and every member is safe and secure. Let us not break our age old tested system of FAMILY by talking about such unscientific, unhealthy and absurd laws. In families each and every member has his role, duties and responsibilities clearly defined. Let us not create friction within the family by such proposals.

As has been already discussed that the view taken by WCD is very narrow minded and not keeping in with the changed situation and circumstances of the society. Is WCD going to enact different laws for families in which   husband is unable to work due to medical reasons and wife is the bread earner of the family? One more common scenario nowadays is both husband and wife going for job and earning livelihood for running family. In these kind of scenarios who will pay whom? Now there are also situations where husband is sharing household work, now he will no more be obligated to share the household responsibilities as he would in fact become a customer by paying for domestic chores and wife will be a service provider getting paid for her “services”. This can disturb the harmonious gender relationships in Indian families and even society at large. This proposal ensures that women get money for work. So what will happen to those women who are unable to work due to medical reasons or old age or otherwise?

Now since WCD is hell bent on changing the definition of wife from homemaker to a servant, wife will also be adamant that she will also only match the working hour of husband i.e. 9 am to 6 pm per day and for the remaining hours of work she will demand a maid servant. She may claim overtime if asked to work beyond working hours!! Now since WCD is talking of salary hence wife will demand holiday on Saturday and Sundays. She may also demand rest on national holidays? Does WCD have answer for all these questions? Marriage will be commercialized soon if the wish list of the WCD is implemented. This will further lead to total anarchy and chaos in the society and erosion of our culture. Even the husband will think why to marry and pay the wife for household work. Employing a maid servant would be same as marrying except physical relations. As of now WCD is demanding salary to wife for household work thus relegating her status to a servant. It is unimaginable even to think of a situation if WCD starts demanding money for wife for physical relations. It is even unthinkable even to think what will be status of such wives? Though harsh but the way WCD is fastening the breakup of family probably that day is not very far away.

This proposal will increase gender discrimination by leaps and bounds. In this era of 21st century, when most of the woman is educated, the proposal of WCD that women are only fit for household work is unthinkable to say the least. Over the many decades society has undergone wide positive changes. This proposal will push back the society by few decades.

Over the decades Government of India and state governments have been working towards achieving gender equality They are trying to reduce the discrimination between male and female citizens in various spheres. But, now we are having such a situation where WCD itself is pushing the status of women to servant and that of husband to master. Let WCD realize that the relation of husband and wife is based on love, trust and affection rather that employer and employee OR master and slave.

This proposal from WCD has got wide media coverage. Every national and regional newspaper has covered this news article. A small school going child in my neighborhood also read this in newspaper and she asked me “Uncle, does it mean that women are meant to be servant and doing house work only. If that is so then why we have to study?” She further asked me “Actually I also help my mother in house hold work. Can I also ask salary from my parent?” This indicates that the mindset with which children will be brought up. Female students will think that they are meant to become servant/employee and male student will think that they have to pay wife for every service and they are masters/employer. Let it be house hold work or physical relations or any such thing husband and wife will always think of master and servant relations. This kind of mind set is going to impart complex in the mind of innocent children and instead of getting good education and becoming good and responsible citizens of this country female students will think how much my husband will pay me. I should only select a rich husband to get better pay? and male students will think how much they have to pay to wife? This will lead to further discrimination and inferiority complex in children.

It took many years for the society to churn out in positive direction. This is an era when women are working in multi nationals companies and leading in many spheres of life. This proposal of WCD will reduce marriages as both MEN and WOMEN will think why marriage is required if one partner is to live the life of a servant and other partner has to pay to a wife/servant? The very institution of the marriage has come under attack and threat by this proposal.

If we have any ambition of becoming a great developed nation then we should have laws which are forward looking and progressive in nature. Unfortunately still we are having laws which were made by British for their benefits. Instead of fine tuning the existing laws to make them gender neutral, progressive, WCD is making one after another proposals which will only create further fixtures and conflicts in the family and society.

D E M A N D   OF   N F H S

Let WCD understand that a family set up will collapse by such absurd proposals and it will lead to further discrimination in the society between both genders. Let us make laws so that both genders stay in harmony rather than in conflicts. Let us make laws for the benefit of FAMILY so that everyone member in the FAMILY can reap the benefit of laws. NFHS demands immediate rollback of this proposal in the interest of WOMEN, MEN and FAMILY.

 

Thanking you Sir

                                                           P Suresh, President, 9880141531,

                  National Family Harmony Society

Categories: Prime Minister

Regarding Corruption in Judiciary

NHFS/140811/1                                                                                  14rd August 2010 / Bangalore

To,

Honorable Prime Minister of India, Prime Minister’s Office,

Room No: 148 B,

South Block, New Delhi – 110001

Subject: Regarding Corruption in Judiciary

About National Family Harmony Society®: “National Family Harmony Society®” NFHSis 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 http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

I would like to draw your kind attention to the recent comments of the Hon’ble Chief Minister of State of West Bengal, Madam Mamta Banerjee.

Reference: http://ibnlive.in.com/news/some-times-court-verdicts-are-purchased-mamata/282322-37-64.html

“At times favourable verdicts are given in return for money. These days, judgments are purchased. There is corruption among a section of the judiciary. I know there can be a defamation suit against me for saying this. But this must be said and I am ready to go to jail for saying so,” she said in the West Bengal Assembly.

Judiciary has to be clean and corruption free because that is the only institution citizens has still some faith still left. There is no effective mechanism/body/institution to deal with corruption in Judiciary. 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.

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. There must be a third party watchdog to “keep a watch“, scrutinize and “to take action” in case of allegations of misconduct and corruption. Judges are one among us and part of the society. There could be temptations to succumb to corruption and still not being caught.

  • The recent shameful “Cash for Bail” scam involving judge T Pattabhirama Rao is fresh in minds of citizens of this country. Though privately it is an open secret that “Cash for Bail” is a flourishing business in this country but no one has guts to speak on this due to the power of the Judiciary who are enjoying the shield of “Contempt of Court”.

 

  • 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, 2010 that most judges of this High Court [Allahabad] are corrupt and collude with advocates. Sadly, many High Court judges are facing charges of corruption. The charge that many former Chief Justices of India were corrupt has given a new twist to judicial corruption.

 

  • 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.

 

  • Justice Sumitra Sen, Justice Nirmal Yadav, UP PF Scan involving Judges, Justice Katju’s remarks about Allahabad HC Judges and Justice Dinakaran are few example/incidents which would have never got exposed in 60’s, 70’s, 80’s or 90’s but have been exposed due to vigilant Media. These incidents had eroded the faith of the common man in Judiciary. The point is if a Judge is corrupt then why not to act swiftly against him/her before further damage is done.

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.

Justice Katju and Justice Misra also 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. 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 should work on a proposal to check this menace.

Corruption in Judiciary is very serious issue because impeachment mechanism to remove Judges in case of misconduct/corruption has failed miserably and is not effective. Hence we need a Lokpal/“Independent Constitutional Institution” who will not need sanction from President/Government to proceed against a Judge facing corruption allegations or misconduct allegations. We need a Lokpal/“Independent Constitutional Institution” who can investigate and if he finds prima facie evidence of corruption/misconduct against Judge then he can prosecute either through its police/CBI/own prosecution wing.

We need your pro-active intervention and pro active decision to see the misery of the common public who are facing litigations and are victims of such misconduct and corruption but are unable to speak a word due to the power of “Contempt of court”. The time has come wherein Judiciary should be transparent, should be open to fair amount of criticism, and should be open to investigation in case of alleged corruption.

 

Judges appointing Judges & Judges Investigation Judges & Judges promoting Judges will only result in Judges protecting Judges!!!

 

In view of the above said discussion we demand following

  • Bring Judiciary (Both higher and lower) in the ambit of Lokpal/“Independent Constitutional Institution”
  • Pass the Judicial accountability Bill as soon as possible.
  • Whistle-blower should be protected from suppressive Contempt proceedings
  • Suo moto power to Lokpal/“Independent Constitutional Institution” to investigate against any Judge including HC/SC of charges of corruption/misconduct.
  • Lokpal/“Independent Constitutional Institution” should not require sanction from Government before proceeding against a Judge.
  • Prosecute Judge if prima facie evidence is found and to suspend him/her immediately.
  • 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.
  • 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 to Judiciary.
  • The country deserves a more credible, transparent and broad-based institutional mechanism for selecting judges.
  • 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.
  • Judicial orders/Judgments’ should be subject to the review by an independent body if it is felt that the order was passed by corrupt means.

 

 

We submit that our suggestions are just and reasonable and in the event of non implementation of our suggestions, we would be constrained to go to the streets with Dharnas, Public Fasting and resort to other democratic means of protests. Please save our great Nation.

Kindly send a copy of this petition for immediate action to Law Ministry and Hon’ble Chief Justice of India.

 

Jai Hind!!  With profound respects,

 

 

 

 

 

 

 

P Suresh, President,                                           M Mahesh, General Secretary,

9880141531                                                       9731569970

Categories: Prime Minister

NFHS MEMO to PM, President, Law Minister/Commission, Lok/Rajya Sabha Speakers, NAC regarding “inclusion of Judiciary in the proposed Lokpal and other Judicial reforms”

28th Aug 2011/ Bangalore

To,

Honorable Prime Minister of India, Prime Minister’s Office,

Room No: 148 B,

South Block, New Delhi – 110001

Subject: Regarding inclusion of Judiciary in the proposed Lokpal and other Judicial reforms

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

Dear Sir,

 

The entire nation has been watching the recent dramatic events unfolding all over the Country regarding the Lokpal bill, wherein the Government has agreed to bring a Lokpal bill to the parliament for discussion and approval. Within no time of simultaneous protests across the nation, Government has acted swiftly to bring the BILL to the parliament.

Sadly this has happened because the Government has been reactive than pro-active. I would like to bring to your kind attention some important issues wrt the Lokpal BILL. That is the inclusion of Judiciary (both higher and lower) in the ambit of the proposed Lokpal.

Judiciary has to be clean and corruption free because that is the only institution citizens has still some faith still left. There is no effective mechanism/body/institution to deal with corruption in Judiciary. 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.

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. There must be a third party watchdog to “keep a watch“, scrutinize and “to take action” in case of allegations of misconduct and corruption. Judges are one among us and part of the society. There could be temptations to succumb to corruption and still not being caught.

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, 2010 that most judges of this High Court [Allahabad] are corrupt and collude with advocates. Sadly, many High Court judges are facing charges of corruption. The charge that many former Chief Justices of India were corrupt has given a new twist to judicial corruption.

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.

Justice Sumitra Sen, Justice Nirmal Yadav, UP PF Scan involving Judges, Justice Katju’s remarks about Allahabad HC Judges and Justice Dinakaran are few example/incidents which would have never got exposed in 60’s, 70’s, 80’s or 90’s but have been exposed due to vigilant Media. These incidents had eroded the faith of the common man in Judiciary. The point is if a Judge is corrupt then why not to act swiftly against him/her before further damage is done.

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.

Justice Katju and Justice Misra also 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. 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 should work on a proposal to check this menace.

Corruption in Judiciary is very serious issue because impeachment mechanism to remove Judges in case of misconduct/corruption has failed miserably and is not effective. Hence we need a Lokpal who will not need sanction from President/Government to proceed against a Judge facing corruption allegations or misconduct allegations. We need a Lokpal who can investigate and if he finds prima facie evidence of corruption/misconduct against Judge then he can prosecute either through its police/CBI/own prosecution wing.

We need your pro-active intervention and pro active decision to see the misery of the common public who are facing litigations and are victims of such misconduct and corruption but are unable to speak a word due to the power of “Contempt of court”. The time has come wherein Judiciary should be transparent, should be open to fair amount of criticism, and should be open to investigation in case of alleged corruption.

 

Judges appointing Judges & Judges Investigation Judges & Judges promoting Judges will only result in Judges protecting Judges!!!


In view of the above said discussion we demand following

  • Bring Judiciary (Both higher and lower) in the ambit of proposed Lokpal
  • Suo moto power to Lokpal to investigate against any Judge including HC/SC of charges of corruption/misconduct.
  • Lokpal should not require sanction from Government before proceeding against a Judge.
  • Prosecute Judge if prima facie evidence is found and to suspend him/her immediately.
  • 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.
  • 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 to Judiciary.
  • The country deserves a more credible, transparent and broad-based institutional mechanism for selecting judges.
  • 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.
  • Judicial orders/Judgments’ should be subject to the review by an independent body if it is felt that the order was passed by corrupt means.

 

 

We submit that our suggestions are just and reasonable and in the event of non implementation of our suggestions, we would be constrained to go to the streets with Dharnas, Public Fasting and resort to other democratic means of protests. Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

 

Jai Hind!!  With profound respects,

 

 

 

 

P Suresh, President,                                           M Mahesh, General Secretary,

9880141531                                                     9731569970

Categories: Prime Minister

NFHS MEMO to PM Regarding misrepresentation of facts by Minister for WCD on “Protection of women from domestic violence act”

19th Aug 2011/ Bangalore

To,

Honorable Prime Minister of India, Prime Minister’s Office,

Room No: 148 B,

South Block, New Delhi – 110001

 

Subject: Regarding misrepresentation of facts by Minister for WCD on “Protection of women from domestic violence act”

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

Dear Sir,

 

We want to register our strong protest against the gross mis-representation of data by Union women and child development minister Krishna Tirath in the Lok Sabha on 19th August2011. Kindly refer to the below news article.

 

http://www.deccanherald.com/content/184815/40-percent-married-women-face.html

As per this news, the minister has informed the Lok Sabha that a total of 5,788 cases were registered under the Protection of Women from Domestic Violence Act in 2007, 5,643 cases in 2008 and 7,802 in 2009. And she goes on to conclude that only women are victim of Domestic Violence and that 40% of married women suffer domestic violence.

The factual position lakhs of Husbands are victim of Domestic violence and cruelty from their wives. If we look at the data of family courts in different part of country then, lakhs of husbands all over India have got divorce from their wife under section 13(ia) i.e. divorce on the ground of cruelty. That is a clear indication that husbands are also victim of cruelty and domestic violence at the hands of their wives. The irony is that under the Protection of Women from Domestic Violence Act, only WOMEN can file complaint and there is no provision for MEN to file complaint under the said Act against their wife.

Under such circumstances the answer given by the Minister to the Lok Sabha is totally misleading, distortion and misrepresentation of facts. First of all Government has made no attempt to collect any kind of data regarding violence from WOMEN to MEN. The Protection of Women from Domestic Violence Act has been enacted by the parliament assuming that only WOMEN can be victims of Domestic Violence which is totally misconceived.

When only WOMEN can file a complaint under the said Act and there is no provision for MEN to file a complaint then how the minister can come to the conclusion and project that 40% of the married WOMEN are suffering as if all husbands are happy and enjoying their life and harassing their wife? We are dejected by the insensitive, distorted and misrepresented statements by the said ministry.

Since the said ministry has relied on the NCRB data hence I would like to take this opportunity to bring out some factual position for your kind consideration. As per suicide data released by NCRB for the year 2009, 81471 MEN have committed suicide and for the same year 45680 WOMEN have committed suicide. i.e. every 6.45 minute a MEN is committing suicide whereas every 11.5 minute a WOMEN is committing suicide. So even as per NCRB data it is clear that it is MEN who needs protection than WOMEN.

 

In view of the above said discussion we demand following

  • Kindly instruct the said ministry to take initiative to collect data regarding violence from WOMEN to MEN.
  • Kindly instruct the said ministry to start process to amend the Protection of Women from Domestic Violence Act in such a way that MEN can also lodge complaint against WOMEN in case of Domestic violence.

 

We submit that our suggestions are just and reasonable and in the event of non implementation of our suggestions, we would be constrained to go to the streets with Dharnas, Public Fasting and resort to other democratic means of protests. Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

 

Jai Hind!!  With profound respects,

 

 

 

 

P Suresh, President,                                           M Mahesh, General Secretary,

9880141531                                                     9731569970

Categories: Prime Minister

Subject: Regarding arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”

5th Aug 2011

Bangalore

To,

Honorable Prime Minister of India,

Prime Minister’s Office, Room No: 148 B, South Block, New Delhi – 110001

Subject: Regarding arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”

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

Dear Sir,

 

We are sure that the, you must be concerned about the high rate of Divorce and breaking of families. We have been relentlessly petitioning Government from many years citing various reasons for this trend and have been organizing protests, dharna and procession etc from time to time. But we have not been able to get any concrete proposal from Government to stop the breaking of families.

 

Alarmed by another disturbing trend in the recent times which can have serious implication in the society, we are writing this petition to you in the hope that concrete steps will be taken in this regard. The trend is the tendency of the courts to pass very high, excessive, exorbitant and unreasonable amount of maintenance awarded to estranged wife in case of matrimonial disputes.

 

There have been media reports in recent times that amount of 40000/- per month and 40 lakhs etc are being awarded as maintenance amount citing the status of wife, earning capacity of husband etc. While not many will dispute to give reasonable maintenance to wife but at the same time it seems that these orders are being passed as there is no bar on the higher side of maintenance in Law. While most of the discussion in court orders revolve around a reasonable amount of maintenance but there seems to be no clarity, consensus or agreement in the Judiciary on this as can be seen from a widely contrasting orders from different courts.

 

In our NGO, we have come across a case where a husband has been ordered to pay around 50% of his salary. While everyone seems to be emotionally and heavily biased towards wife, conveniently forgetting that a husband also has aged old parents and could have siblings like brothers and sisters whose marriage and education he needs to support. A broken marriage is not a crime but the Gender biased laws of this country makes sure that in case of matrimonial dispute a husband and all his family members are sent to Jail merely on the allegation of wife, thanks to heavy misuse of 498A IPC.

 

Coming to the issue of maintenance, passing of 30%, 40% maintenance against husband is nothing but absurd and injustice to husband and his family members. Even if we do a simple calculation and look at our own families, we can easily calculate how much a person needs per month for his/her survival. Just to stress this point with an example, if a person has wife and a child and age old parent and one brother and one sister then his income needs to be divided into 7 parts atleast as son is the main bread earner when parent grow old. It is a matter of common knowledge that a person does not spend everything and saves as much as possible for a rainy day. And also Just because a person has married does not absolve him from taking care of his parent and siblings. Considering all this 1/10th of a person’s monthly take home salary seems to be reasonable amount of maintenance provided the estranged wife is illiterate and handicapped. If an estranged wife is well qualified and well bodied then her maintenance claim should be rejected outright.

 

While passing maintenance most of the time the standard phrase is “Husband is well bodied”. Well that is true for women also. Also most of the time maintenance is passed citing the status of the couple. Well a husband might had married a women who is from poor family and husband might be in good financial position and assuming that marriage lasted only for couple of months, can the wife be awarded maintenance on the changed status? It is absurd even to think of that because a significant portion of her life she spent in poor financial status.

 

While in matrimonial dispute, it seems most of the court orders related to maintenance seems to be passed emotionally rather than as per Law, we should not forgot that a husband also has mother and sister who are also women and whom he needs to support. In fact mother will be aged and in need of financial assistance for her medical needs.

 

We would also like to invite your kind attention to another important issue which is in dire need of reforms by the Parliament and that issue is of “Multiple maintenance” or in other words “Duplication of Law”. There are more than five sections in Law which enables an estranged wife to claim maintenance from her husband in case of matrimonial dispute. They are Domestic Violence Act, CrPC 125, HMA24, HMA25 and HAMA18. It has become a trend by estranged wife to file all possible section against husband in order to harass him and to extract maximum maintenance.

 

We would also like to invite your kind attention that “women empowerment” cannot be achieved by “harassing husband” and his family members. “Women empowerment” can be achieved only by making them educated, self reliant and making them skillfully employed. What will happen to women if she is receiving 40000/- per month maintenance and then her Ex-husband dies after few years. Such women will virtually come on road as she is neither employed nor can seek employment without any experience.

 

In view of above discussion and reasoning, we demand following

 

  • Mandate Law Commission of India to study how various maintenance laws can be simplified into one law so that it will benefit both wife and husband in case of matrimonial disputes and also it will bring pendency of court cases significantly.

 

  • Amend current maintenance laws to put a cap of not more than 1/10th take home salary per month.

 

  • Maintenance should not be given to educated, working, well bodied or adulterous wife

 

  • No maintenance should be given to wife if husband gets acquittal in 498A IPC or any criminal case initiated by wife.

 

  • Number of years elapsed in marriage should be a critical factor in deciding maintenance as there are series of cases where even after few days of marriage wife has put maintenances cases.

 

  • When considering status of wife, while deciding maintenance, more weightage should be given to the status of wife before marriage.

 

  • Wife should not be allowed to put two or more maintenance cases.  Once she prefers a forum for filing maintenance case, others forum should not accept her petition.

 

  • Maintenance should be granted for the purpose to maintain decent life style and not for luxury.

 

  • Tendency to pass high maintenance in the form of interim maintenance should be stopped as the charges/allegations are not proved at that stage.

 

We submit that our demands are just and reasonable and in the event of non-implementation of our demands, we would be constrained to go to the streets with dharnas, Public Fasting and resort to other democratic means of protests.

 

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

 

Jai Hind!!

With profound respects,

 

 

P Suresh, President,                                           M Mahesh, General Secretary,

9880141531                                                     9731569970

National Family Harmony Society                        National Family Harmony Society

Categories: Prime Minister

Judicial Reforms in Family Court, Bangalore-Honorable Prime Minister of India

NHFS/030810/7                                                                                  03rd August 2010 / Bangalore

To,

Honorable Prime Minister of India,

Prime Minister’s Office, Room No: 148 B, South Block, New Delhi – 110001

Subject: Judicial Reforms 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 http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

We seek your personal attention and intervention for Judicial Reforms in Family Court, Bangalore.
Justice Arijit Pasayat, heading a vacation Bench, orally observed that the Hindu Marriages Act “has broken more homes than uniting.” He said: “The growing number of divorce cases in the country is having a disastrous effect on children of families which get broken.” In a lighter vein, he said: “Nowadays even at the time of marriages, anticipatory divorce petitions are being filed.”

The Youth and Vigor lost due to delayed and unending proceedings at the corridors of Justice by the young women and men due to matrimonial discord cannot be recouped. While appreciating the difficulties and constraints faced by The Judiciary in resolving Family Disputes, we would like to highlight the torture and injustices meted out to the litigants and seek your personal intervention to sort out the issues. We feel embarrassed like the Beggers pitying the Donor. With deep regret we invite your kind attention to the patriarchal and gender-biased attitude of the presiding officer’s writ large against the husbands in the matters of awarding maintenance & child custody are driving the men to the extent of committing suicide and losing their valuable lives.

Present status at family court, Bangalore: We understand that thousands of cases, which are many year old are pending disposal before the 4 family courts at Bangalore. In the last 2 years many presiding officers were transferred and one of the family courts did not have a presiding officer for a long time. We give below the sad state of functioning of the Family Court, Bangalore.

1. The concept of amicus curie as envisioned u/s 13 of the Family Courts Act is grossly violated without understanding purport benefit of the clause. The advocates are given a free hand in the name of amicus curie that is expected only to assist the presiding officer. Each party is permitted to engage an advocate in the name of amicus curie which is defeating the very purpose of the legislation. They hijack the issues on procedures and rules besides leading to intimidating atmospheres both to the presiding officer and litigant.
2. The section 10(3) of the Family courts act bestows ample leg room for the presiding officer to have flexible procedures but this provision is hardly used for the benefit of the litigant. Particularly the provision of recording the evidence as gist is not followed and evidence of witnesses are recorded at length.

3. The provision regarding the non applicability of Evidence Act is ignored and elaborate procedures are followed from every available legislation causing unending delays.

4. The rules required to be framed for the Family courts as suggested by the National Commission for Women are ignored leading to anarchy in Family Courts.
5. Almost all cases are consecutively adjourned routinely by a minimum period of 2 months.
6. Knowing very well the trial can be started only after 2-3 years the physical  presence of the litigants are religiously insisted upon on every hearing.
7. Interim orders for custody of child or maintenance as a matter of routine is awarded not before many months on filing the application and almost detrimental to the interest of the child as well as the father.

8. When both parties are deliberately lying under oath in the matter of proof of earning, allegations of harassment the presiding officers do not show any inclinations to take action for contempt of court or perjury.
9. The conciliation and mediation procedures under sec 9 of Family Courts Act are more abused only to drag on the proceedings at least for about 6 months as if mediations are mandatory. While mediations become impossible in a 498A IPC case or in adultery or void claims or impotence of parties are mechanically referred to mediations resulting into further escalation of tension & violence.

10. When both parties seek divorce on different grounds/allegations the matter is unnecessarily dragged for years under the illusionary concept that “Family Courts are for Uniting Couples”. It is a futile exercise attempting to unite warring couples.
11. What the relatives and the social circle cannot achieve is sought to be achieved that too by an over burdened presiding officer. Even assuming a few couple could be united; the untold trauma undergone by majority of the other warring couples is to be gone through to understand the crux of the problem raised.

We wish to present the following list of proposals and suggestions to your kind self for Judicial Reforms in 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.
  • Presiding officers should initiate Suo Motto Perjury/Contempt of Court proceedings if the litigants are found lying under the oath.
  • Counseling should not be insisted in cases criminal cases like 498A IPC/Domestic Violence etc are pending.
  • Interim Applications must be disposed in a week. 
  • Presence of the litigants must not be insisted unless it is absolutely necessary.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!! With profound respects,

P Suresh, President,

National Family Harmony Society

9880141531

Categories: Prime Minister

Regarding arbitrary arrests under 498A IPC – Prime Minister

8th July 2010

Bangalore

To,

Honorable Prime Minister of India,

Prime Minister’s Office, Room No: 148 B,

South Block, New Delhi – 110001

Subject: Regarding arbitrary arrests of ordinary law-abiding citizens under IPC Sections 498A, 304B, Dowry Prohibition Act and related laws.

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 http://www.family-harmony.org / http://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. Please find some of the questions raised by members of Parliament regarding heavy misuse of women centric laws.

T a b l e – 1

Sl No Question number House Name of  Member Answered on Subject
1 1409 RAJYA SABHA SHRI MOTILAL VORA  01.08.2003 MISUSE OF DOWRY PROHIBITION ACT
2 1610 RAJYA SABHA SHRI R.S. GAVAI  16.03.2005 INCREASING NUMBER OF FALSE DOWRY CASES
3 2698 RAJYA SABHA SHRI ABU ASIM AZMI  22.08.2005 AMENDMENTS TO DOWRY PROHIBITION ACT
4 2805 RAJYA SABHA PROF. RAM DEO BHANDARY  23.08.2006 HARASSMENT DUE TO DOWRY ALLEGATIONS
5 3876 RAJYA SABHA SHRI MAHENDRA SAHNI  10.05.2007 AMENDMENT IN ANTI DOWRY LAW
6 4501 RAJYA SABHA SHRI SURENDRA LATH  16.05.2007 MISUSE OF DOWRY PROHIBITION ACTs
7 1474 RAJYA SABHA SHRI BRIJ BHUSHAN TIWARI  03.12.2007 AMENDMENTS TO DOWRY LAWS
8 1696 RAJYA SABHA SHRI LALIT KISHORE CHATURVEDI  05.12.2007 PUNISHING PEOPLE FILING FALSE DOWRY RELATED CASES
9 2933 RAJYA SABHA SHRI KAMAL AKHTAR  21.04.2008 STIFFER ANTI DOWRY LAWS
10 1474 RAJYA SABHA SHRI BRIJ BHUSHAN TIWARI  03.12.2007 AMENDMENTS TO DOWRY LAWS
11 1073 RAJYA SABHA SHRI AMAR SINGH  10.03.2008 AMENDMENT OF ANTI DOWRY ACT
12 304 RAJYA SABHA ABU ASIM AZMI  20.10.2008 MISUSE OF ANTI DOWRY ACT
13 440 LOK SABHA SHRI SANAT KUMAR 28.08.2001 Dowry Prohibition Act and Domestic
14 1012 LOK SABHA Shri RAMDAS ATHAWALE 06.03.2007 AMENDMENT IN DOWRY ACT
15 440 LOK SABHA Shri SANAT KUMAR MANDAL 20.02.2009 DOWRY PROHIBITION ACT AND DOMESTIC VIOLENCE ACT
16 2030 LOK SABHA Shri DALPAT SINGH PARASTE 30.11.2007 ABUSE OF ANTI-DOWRY LAW
17 193 LOK SABHA Shri RAGHUVIR SINGH KAUSHAL 16.11.2007 FALSE IMPLICATION IN DOWRY DEATH CASES
18 1181 LOK SABHA Kunwar REWATI RAMAN SINGH 21.08.2007 COMPLAINTS ON DOWRY BY NRIs
19 382 LOK SABHA Shri N CHELUVARAYA SWAMY SWAMYGOWDA 20.11.2009 MISUSE OF DOWRY PROHIBITION ACT, 1961S

 

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”. Some of the observation of the Supreme Court and various High Courts are compiled below:

T a b l e –  2

Sl No Court Case Number/Reported Year Between
1 Supreme Court Writ Petition (C) No. 141 of 2005) 2005 Sushil Kumar Sharma Vs. Union of India (UOI)
2 Supreme Court Appeal (crl.) 206 2008 Som Mittal Vs Govt. of Karnataka
3 Supreme Court Appeal (crl.) 1716 of 2007 2007 Onkar Nath Mishra & Ors vs State (Nct Of Delhi) & Anr
4 Supreme Court 2000 (2) JCC (SC) 657: 2000 (5) SCC 207 2000 Kans Raj vs. State of Punjab and others
5 Delhi HC Crl.A.No.339-41/2005 2010
6 Delhi HC CRL.M.C.7262/2006 2007
7 Delhi HC CRL. R 462/2002  2003 Savitri Devi Versus  Ramesh Chand and Ors.
8 AP HC A. A. O. No. 1039 of 2001 2002 Saritha Vs R.Ramachandra
9 Punjab & Haryana HC (1990)2 Rec Cri R 243 1990 Jasbir Kaur vs. State of Haryanas
10 Supreme Court CriLJ 2993 2000 Kanaraj vs. State of Punjab
11 Karnataka HC 2002 CriLJ 3605 State Vs. Srikanth
12 Supreme Court 2002 CriLJ 4124 2002 Mohd. Hoshan vs. State of A.P.
13 Delhi HC 2003 CriLJ 2759 2003 Savitri Devi vs. Ramesh Chand
14 Punjab & Haryana HC 2003 CriLJ 3394 2003 Bhupinder Kaur and others vs. State of Punjab and others
15 Jharkhand HC 2004 CriLJ 2989 2004 Arjun Ram Vs. State of Jharkhand and another
16 Punjab & Haryana HC RCR (Criminal) 163 2002 Mukesh Rani Vs. State of Haryana
17 Delhi HC 2001 (2) JCC (Delhi) 86 2001 Anu Gill Vs. State & Anrs
18 Supreme Court AIR 2005 SC 1989 2005 Ramesh & Ors. Vs. State of Tamil Nadu
19 Delhi HC CHANDER KANTA LAMBA & ORS
20 ADDITIONAL SESSIONS JUDGE Revision No. 88/2008/2002 2002
21 Punjab & Haryana HC 2002 Krishan Jeet Singh vs State Of Haryana
22 Orissa HC 2003 Benumadhab Padhi Mohapatra vs State
23 AP HC Criminal Petition No. 6642 of 2007 2007 Kamireddy Mangamma and others
24 Allahabad HC CRIMINAL MISC. WRIT PETITION No. – 3322 of 2010 2010 Sanjeev Kumar & Others vs State Of U.P.s

 

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 spite of All round coverage by Media regarding heavy Misuse of IPC 498A, questions in the parliament by honorable MPs, Critical remarks by various HCs and SC, Observation by NHRC, advisories issued by your ministry from time to time, State Governments are not taking any steps to prevent the heavy misuse of IPC Sections 498A, 304B, Dowry Prohibition Act and related laws. These laws are so biased and dangerous that any innocent can become victim just on a false complaint by a woman. Even celebrities like Pakistani Cricketer Shoaib Malik and Former Union Minister Arjun Singh have not been spared have been falsely implicated under these 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.
  • 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.

 

 

P Suresh, President,                                           M Mahesh, General Secretary,

9880141531                                                      9731569970

National Family Harmony Society                         National Family Harmony Society

Categories: Prime Minister