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Memorandum on the occasion of Black Day, 1 year completion of Wrong Domestic Violence LAW 26 th Oct 2007 .
Sub : Dharna at Jantar Mantar Delhi, by Men cell , supported by Save Family Family . 26th Oct 2007
Dear Sir :
May we request you to please consider a few of our demands as detailed in the 9 page attached press release . Some press coverage of the Dharna is also attached for reference.
Some demands to highlight are :
* A 3 member committee is made by WCD ( Ministry of women and child development ) to look into the domestic violence LAW and other things, committee may consider supreme court judgement ( 15/12/2006 S.R Batra V Tarun Batra.) about Domestic Violence LAW . This is all women committee consisting or radical feminists. Please put a few representatives of mens rights organizations also part of the committee, or few neutral men . Family LAWs effect men and normal women also.
* Remove maintence from Domestic Violence LAW, already husbands fight maintenance cases in 2 different LAWs, HMA and 125Cr.PC .
* Service providers in DV( Domestic Violence ) LAW should be neutral persons for correct justice and good for society. Restricting service providers to women rights activists organizations is unfair. Judges and officials should be neutral. There should not be a force on them, to give one sided views, as part of the job requirement.
* Word aggrieved women in LAW should be replaced by complainant .
* This LAW is totally not required, there are already sufficient provisions in existing LAWs .
* LAWs should be Gender neutral .
Please support us in this effort to help society.
Best Regards,
Sandeep Bhartia
26th Oct. Jantar Mantar Dharna Coordinator.
9899329991, sandeep.bhartia@gmail.com
R.P.Chugh [Advocate Supreme Court] Hony.President- Spokesperson. Crime Against Man / man cell –Purush Cell/ PAVN- an - SPCH BH-712-A, Shalimar Bagh, Delhi-110088 (INDIA) e-mail – mancell@rediffmail.com for more info. Log on to:
mancell.i8.com, patnipeeditmanch.gq.nu Tele Helpline: 9868142608, 9810170681
Supported BY:
www.savefamily.org
www.mynation.net
Help-Line: 9911119113, 9810611534, 9810371802.
Press Release – Men Cell
Supported by Save Family Foundation and My Nation
On first barsi of the draconian DV Act....
Press release & to all concerned In light of the shocking news:
26th October, 2007 THE BLACK DAY (The day Domestic Violence Act came into force i.e. 26/10/06 ) in India at Jantar Mantar, New Delhi from 12am to 4 pm
“Men are harassed, State Women Commission: Orissa. TNN "86.6 % women of Tihar Jail are jailed in Dowry cases" …Sahara Samachar "90 % women in Bihar's jails are locked up in Dowry Cases" …..NBT "99 % dowry complaints are false "…….A women head of women PS (Haryana) "Similar situation is throughout the country" ………… R.P.Chugh WORLD-WIDE PROTEST against use of henious Criminal Laws in Marital Discords on first barsi of the draconian DV Act. On 26/10/2007 worldwide PROTEST/ Pehli Barsi of D.V. Act is being CELEBRATED by the harassed husbands and their relatives, tortured, black-mailed, looted and falsely implicated in false Domestic Violence Act & false anti-dowry cases all over India & the world by their unscrupulous wives, daughters-in- laws and their greedy relatives for ulterior motives. So Called WOMEN LAWS are entirely biased, discriminatory, stringent, unconstitutional and unprecedented in the legal history of our country. As observed the WOMEN LAWS are verdict before trial, laws of legal extortion, tools legal of blackmailing & violation of basic human rights. In fact the men are the victim of Domestic Violence as admitted by SCW, Orissa recently.
Protest victims rotting/lying in jails, facing trials in courts and torture in their homes in the country and as well as throughout the world will protest against the use of heinous criminal laws in marital discords. Protest world wide by Nora’s victims from USA, Canada, UK, Australia, Japan, Norway, Germany, UAE, Russia, New Zealand will protest at their respective High commissions across the globe. Worldwide Prayer -Innocent tortured husbands and their relatives will pray to almighty god that the daughters in law of so called leaders of the country, senior police, administrative and judicial officers may file false dowry complaints against them, and they should live in constant terror and fear of arrest and be put behind the bars with their innocent, ailing aged parents, married, unmarried daughters and their hard earned money is looted in the name of STRIDHAN and nobody should listen to them like us.
R.P.Chugh [Advocate Supreme Court] Hony.President- Spokesperson. Crime Against Man / man cell –Purush Cell/ PAVN- an - SPCH BH-712-A, Shalimar Bagh, Delhi-110088 ( INDIA ) e-mail – mancell@rediffmail. com for more info. Log on to: mancell.i8.com, patnipeeditmanch.gq.nu Tele Helpline: 9868142608, 9810170681
For press release details one can also contact :
Sandeep Bhartia 9899329991, sandeep.bhartia@gmail.com
Protesting discrimination under law
Misuse of anti-dowry laws and other woman-protection laws like Domestic Violence LAW has now become a well recognized problem in India. Increasing number of aged parents, sisters and children in the husband’s family are falsely accused and arrested under these inhumane laws, and find themselves defenseless against the harassment unleashed thereafter.
To protest against this outrageous and horrific legal regime and it’s so called pro-women façade, men and women of the Men Cell and Save Family Foundation are gathering at Jantar Mantar along with their families on 26th of Oct 2007, to mark the completion of 1 year of draconian Domestic Violence LAW. We are enraged by the misuse of women-protection laws and the nuisance created by Govt. funded women’s organizations that are incessantly pushing for more anti-male, anti-family legal provisions. We would like to highlight how the concerns of a large section of men and women have been completely sidelined in order to accommodate discrimination-based political agendas.
Over the years, various responsible agencies including Indian Judiciary have stressed on the need for amending these atrocious laws. The World Health Organization identified misuse of IPC Section 498A as the prominent reason for elder abuse in India. The Supreme Court of India has described the misuse of IPC Section 498A as ‘Legal Terrorism’, and stressed that the law must be amended in order to protect the innocent, and to ensure justice to the genuinely aggrieved. Rational and responsible citizens from all over the country and abroad have repeatedly warned that these laws in their present form are detrimental to family harmony, and left unchecked, these laws have enormous potential to shatter marital and family stability in years to come.
While ordinary law-abiding men, along with women, senior citizens and children, are being summarily arrested and ruthlessly incarcerated on false charges of dowry harassment every day, the Government has not raised a finger yet. It was not until the Minister for Human Resources Development was accused of dowry harassment that Smt. Renuka Chaudhary finally acknowledged the misuse of anti-dowry laws in public. What is deeply agonizing to us is that contrary to the way common men and women are treated, the Government is according special concessions to the Minister, thereby demonstrating that the otherwise brutal anti-dowry laws do not apply equally to all citizens of India.
Why is the Government not directing the law enforcement system to make proper inquiries before acting on complaints of dowry harassment filed on common citizens? Why are the repeated pleas for amending laws not being heard? Why are the young men and women of India forced to dissipate their energies and waste their most productive years in needless litigation? Why are so many senior citizens being traumatized during the last leg of their lives? Why is the Government sponsoring the destruction of families?
People at Delhi protest to show how the drive against anti-male, anti-family laws is slowly but steadily gaining momentum. They are coming with the hope that the Government will stop pretending to be asleep, and that it will hear and respond to all our yet unanswered questions.
Social impact of draconian legal provisions and their misuse
Discriminatory laws like IPC 498A and DV Act are harming men, women and children of India.
Due to lack of social support and legal protection many male victims of domestic abuse are taking their lives everyday. Recently, the increasing threat of false cases is also driving many married men to commit suicide.
False cases are severely hampering the personal and professional lives of the most productive section of the Indian population. Aspirations of young men and women are being crushed, and their most fruitful years are being wasted in litigation. Many men have lost their jobs or have had to quit their professions as a result of the never-ending legalized harassment.
Parents are heart-broken to see their sons lose their youth, health, careers, all their earnings, and sometimes even their lives, as they are mercilessly tortured by their estranged wives, aided by the law enforcement system. Retired elders are, thus, being denied mental peace in their old age, resulting in deterioration of their health, and in many cases their premature demise. Falsely accused senior citizens have also ended their lives unable to endure the humiliation of being arrested and the trauma of fighting false cases.
The so-called women-protection laws are also causing more harm than good to women. In every false complaint at least two women, a mother-in-law and a sister-in-law, are accused. Minor girls, pregnant women, married and unmarried sisters, ailing mothers and even aged grandmothers have been sent behind bars based on mere allegations, and subjected to long-drawn trials before being declared innocent. Many falsely charged, poor and illiterate women are languishing in prison every year. Due to an excess of false cases and the systemic corruption, genuine victims of domestic abuse are denied timely justice.
Children are not being spared from the suffering either. In case of marital disputes children are being denied access to their fathers, causing great pain to the fathers and children. Children are also being arrested under false charges of dowry harassment, and imprisoned along with older family members. In other cases, children are being torn apart from their parents who are hauled away by the police in front of their eyes, causing indelible scars and fears in their young minds.
Indians residing abroad are equally vulnerable to legalized harassment. Passports of falsely accused NRI's are being impounded. Several individuals who visited India are unable to return to their respective countries of residence, and several others continue to live abroad in fear, separated indefinitely from their loved ones in India. Interpol Red Corner Notices are being misused to force many overseas Indians to return to India.
Unreasonable and easily misused laws like IPC 498A and DV Act are creating a situation of fear and mutual distrust, and adversely affecting interpersonal relationships between men and women in the society. There is a fear psychosis among men who find it difficult to repose faith in women or marriage. Increasing number of women are being misled by false notions of liberation and empowerment, and being encouraged to shun family life.
Due to misuse of laws like IPC 498A and DV Act numerous families have been broken beyond repair, and are suffering immeasurable economic hardship and emotional trauma. The country has already incurred a huge social cost in addition to the enormous financial burden imposed on the public exchequer. How does the Government propose to compensate individuals for their personal losses, and more importantly, how will it explain the squandering of tax payer money to sponsor its discriminatory politics?
Victims of legal discrimination – the grim statistics
The statistics on suicides in India tell the tale of harsh ground realities faced by men in Indian society.
In the recent years, the number of suicides by males in every age group studied outnumbered the number of suicides by females in those respective age groups. Nearly twice as many married men committed suicide compared to married women in the years 2004 and 2005. Also, nearly twice as many men separated from their wives committed suicide compared to separated women in both years.
Men outnumbered women in every method of committing suicide, except by fire and self-immolation. Nearly nine times more men committed suicide by consuming excessive amounts of alcohol, or by machines. Nearly four times more men committed suicide by firearms, by jumping of trains and fast moving vehicles, or by self-electrocution. In almost every other category of suicide such as hanging, poisoning, or overdose of pills etc., suicides of men were nearly twice the rate of suicides of women.
Overall, the total number of suicides by men nearly tripled between 1983 and 2005 (whereas during the same period female suicides only nearly doubled). Incidentally, the draconian provisions of IPC 498A were introduced in the year 1983, and overwhelming evidence points to the increasing misuse of these provisions ever since.
Every year, there is a rising number of cases fabricated by wives only to threaten, extort money from, and wreak revenge on husbands and their relatives, in case of marital discord. Between 1995 and 2005, the number of cases filed annually nearly doubled. According to data obtained from the Ministry of Home Affairs, in the year 2005 alone, 58,319 cases were registered under charges of cruelty by husband and relatives (IPC 498A), and resulted in the arrest of 1,27,560 individuals including 339 children, 28,579 women and 4,512 adults over the age of 60.
However, the statistics reveal only a small part of the grim reality. Under Section 498A, an individual is charged with a non-bailable, cognizable criminal offense, and is presumed guilty until proven innocent. The accused have to fight the highly corrupt state machinery at their own personal expense, all the while carrying the presumption of guilt on their heads. Sometimes, they lose their employment. Often, they are forced to travel to a different city or state to fight their cases.
Where would these falsely accused men and women gather the strength and the resources needed to fight the corruption and public prosecution effectively? If the accused are already indigent and cannot afford the best defense money can buy, their fate is sealed. They become mere statistics in the arsenal of the proponents of this draconian legislation.
Against this backdrop, one has to examine the statistics of conviction. In 80% of the older cases that concluded in year 2005, the accused were found not guilty. The same is true for the years 2003 and 2004 as well. Multiple sources indicate that, nearly 98% of all 498A cases result in acquittal of the accused. Despite the presumption of guilt and the overwhelming odds the accused is forced to face, the convictions are only a small percentage of the total cases filed.
Isn’t this is a clear indication of how frivolous the charges usually are and how widespread the abuse of the system is?
The Government needs to act NOW
Men Cell and Save Indian Family Foundation urges the Government of India to make the following amendments to the law and ensure that ordinary citizens of India are spared from needless harassment:
- Section 498A of IPC should be made bailable.
Section 498A, being non-bailable, allows punishing the accused by imprisonment even before guilt is established. This goes against the Universal Declaration of Human Rights which states that everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law. Abused women need protection, but placing unconditional faith in the statements of a woman and confining the accused husband and his family in police or judicial custody, until bail is granted by a court, is not the way to accord protection to women.
- Section 498A of IPC should be made non-cognizable.
Innocent citizens are being arrested everyday based on mere complaints without requiring evidence or investigation. Even children and senior citizens are not being spared. IPC 498A, being a cognizable offence, violates a citizen’s right to due process.
- IPC 498A and Domestic Violence Law should be made gender neutral.
Domestic abuse is not gender specific. The assumption that victims of physical, verbal, emotional, sexual, and financial abuse are always women is wrong. According the Universal Declaration of Human Rights "all are equal before the law, and are entitled without any discrimination to equal protection of the law". Hence, men should also be accorded protection from physical, verbal, emotional, sexual, and financial abuse by women.
- Persons who misuse IPC 498A and Domestic Violence Law should be penalized.
Misuse of the process of law not only costs the public exchequer dearly, but also destroys the personal lives of many innocent citizens. Misuse of law should be treated as a serious crime, and persons who use women-protection laws as weapons for settling personal scores in marital disputes should be severely punished.
Domestic Violence LAW or House occupation LAW?
By Sandeep Bhartia 9899329991
Can Supreme Court save Lakhs of homes of old persons from radical feminists LAWmaker of MINISTRY OF WOMEN AND CHILD DEVELOPMENT? Domestic Violence LAW or House occupation LAW?
The one of the big aims of making Domestic Violence (DV) LAW is to occupy the house by wife. The name DOMESTIC VIOLENCE is given to fool the public.
The new DOMESTIC VIOLENCE law (from Oct 2006) sections 17 and 19, practically allows a wife to occupy any of the houses she had ever stayed in. The LAW says the house can be of a friend or relative or rented. It do not matter how much time back the wife stayed in the house.
Persons save full life for making a house they can stay in the old age. With this LAW they can lose own build houses to the daughter-in-law.
How big is the effect?
With more then 10,000 (Ten thousand) complaints of matrimonial discord in Delhi alone last year, almost all of these now will use the DOMESTIC VIOLENCE LAW.
The are many problems with this new LAW made by radical feminists at ministry of Women and Child development, one of the major ounces i.e., the house of friend or relative of husband in new Domestic LAW, is a major battle point between the Supreme court on one side and Govt. funded radical feminists, funded NGO's and their press agents on the other.
The case that triggered this fight, the house was on Husbands mother's name, they allege that the son's wife sent them to jail along with the son on the dreaded dowry LAW, arrest without investigation, non bailable, 498a ( mental torture by asking for dowry). It is alleged that she broke the lock of house and started living in the house. After coming from Jail, the Husband's mother was not allowed entry in her own house. The wife's lawyer argued that since Domestic violence act (from Oct 2006) made by ministry of women and child development ministry is already passed by parliament, there is no question of wife leaving the house of husband's mother.
Please read the Judgment copy attached, things will automatically become clear.
http://ipc498a.files.wordpress.com/2007/04/sc-reject-righttoresidenceunderdva-batravsbatra-2007.pdf
Supreme Court said the house can be given to wife only if the house is owned by husband. In case of rented house husband has to pay the rent, otherwise this will lead to choes in society,.. the definition of shared household in the LAW … appear to be the result of clumsy drafting, but we have to give it an interpretation which is sensible and which does not lead to chaos in society.
The feminist’s press and media agents were immediately all over the press and media. They say this Supreme Court judgment to let the old couple have their own house is step back for women empowerment. They are saying in TV that this defeats the purpose of making the Domestic violence act (from Oct. 2006). They want the wife to have the most expensive relatives or friends house that the wife lived in at any point of time during the marriage.
Anti feminists organizations which are not funded by Ministry of women and child development like feminists organization, are obviously trying to fight feminists press agents over this.
Check out http://presentindia.blogspot.com/2006/11/loopholes-in-domestic-violence-bill.html
http://dvact.awardspace.com/index.php?module=index
http://savemarriages.wordpress.com/2006/11/10/the-domestic-violence-law-of-india-a-shield-or-a-sword/
http://indiatalking.com/blog/swarup/4631/
http://www.thepeninsulaqatar.com/Display_news.asp?section=World_News&subsection= India&month=December2006&file=World_News20061205164441.xml
Lets pray that feminists funded by ministry of women and child development are defeated by the supreme court, for the sake of old persons houses. To ensure that our old persons and children do not suffer by fatherless families as wanted by Govt. funded radical feminists and LAW Makers of WCD.
http://www.dvmen.org/dv-15.htm#restraint
http://www.dvstats.com/
http://www.dontmakehermad.com/
Feminist’s propaganda.
http://www.centredaily.com/220/story/35314.html
Feminists will not let you know that it is for occupying the house.
"A woman subject to domestic violence [was] afraid to seek remedies to end the violence - in law or otherwise - for fear of being evicted from her household or being denied access to funds necessary to maintain herself and her children," says Mandeep Tiwana, from the Commonwealth Human Rights Initiative in New Delhi.
JOIN THE BETTLE GOING AT PRESENT AT SAVE THE HOUSE OF OLD PERSONS.
To fight the above Supreme Court Judgment, and allow the wife to get the old in-laws property, even if she is not living in the said property, WCD has set up a panel, somehow some men’s rights activists came to know about his panel. So feminists got the news printed that the panel is to prevent misuse. What kind of results one gets with radical feminists women only panel is known. To make fool of public they will say in press the panel is to prevent misuse.
DV LAW should be applicable to husband’s house only. It is unfair to occupy the old persons, friends, and relative’s houses Legally by Domestic Violence LAW.
Why should a friend or husbands relatives lose the house, if they allowed the wife of husband or the couple to stay in the house at any point in time in past or present.
Why should friend or relative suffer by forcing him or her to allow women to enter the house, just because they allowed her to stay in house at some point of time in the past?
Domestic violence Law, whose 2 important parts are related to getting the women inside the house of husband (man) or friend or relative, and removing any male members from the house in question.
This as expected this has become a tool of legal extortion, by bad wife. After taking maintenance up to 2/3 of husbands earnings, without giving divorce. Existing Laws gives maintenance extra for renting a house that is equal to the house of husbands standard.
The feminists LAW makers at WCD have now added in Domestic Violence LAW provision, that the wife will enter the most costly house among houses of old in-laws or relative or friends house legally, then do complaints under DV LAW, and either force the in-laws or relative with the most costly house, to leave the house or give money to vacate the house. Else she will use the LAW to harass them till they leave the house. What kind of wrong LAW is this?
Divorce after 7 years of separation should be made easier. This is basic human right.
With more then 10,000 complaints of matrimonial discord received every year in Delhi alone. Also the complaints are increasing fast every year. (This men’s rights activists say is due to wrong new Laws made by radical feminists, and due to Govt. funding of feminists organizations.)
Significant % of these husbands live-separated full life, as getting Divorce for Hindu husbands is practically almost impossible. Due to LAW preventing them from starting a family, they go through immense pain in life, are devoid of aim or interests, and angry with the LAW and society. Their productivity is reduced; life’s are spent in courts fighting dozens of cases, against anti men barbaric LAWs, instead of doing productive work for society. Some lose interest in Life.
Their relative's life is also affected greatly. They are blackmailed by the new barbaric DV LAW, and 498a.
Reducing so-called Dowry deaths to insignificant % is child’s play.
Just change the LAW so that after 7 years of separation, divorce becomes easier, (no fault divorce as in some countries abroad)
Feminist’s women organizations are not asking for this, nor radical feminists LAWmakers at Minstry of Women and child development, are doing this. Instead they actually want the dowry deaths to increase, by putting new LAWs against husbands. This increases funding for feminists; they are interested in the jobs funded by Govt.
It is a pain to hear husbands saying that his life will be anyways destroyed by wrong, unequal, barbaric, LAWs for wife and women. So he wants to kill |
• Saturday, October 27, 2007 - i fully agree
fight :::finght and fight