Petition to Conduct CBI Enquiry into Murder of Dr J A Mathan

Wednesday, 20 October 2010

Press release: Four NGOs come together to protest against Domestic Violence Act (PWDVA)

AIMPF

 
                                                                            
    www.saveindianfamily.org               www.crisp-india.org                         www.aimpf.org

All India Daughter's Protection Forum

Domestic Violence Act (PWDVA) too biased
Four NGO’s come under one fold to hold a protest on October 23rd

“See the home-maker and then the home” goes the old Ad age. But the tribe of home-makers is fast dwindling. Broken marriages are order of the day and are painful for both the wife and husband. But there is more pain involved which the current society must take note of – children and aged parents who are in the twilight of their lives.
In continuation of their unrelenting efforts to save families, the pro-family NGOs; Save Indian Family Foundation (SIFF), Children’s Rights Initiative for Shared Parenting (CRISP), AIDPF and All India Mothers-in-Law Protection Forum (AIMPF) are organizing a “Dharna” on October 23rd, 2010 (Saturday) in front of the Gandhi Statue, M G Road, Bangalore from 10 AM to 1.00 PM.
With malice towards none, the NGOs feel that the absurdly drafted DV Act is totally biased towards wives and provides highly competent, educated and independent women, with an unrestrained legalised weapon to harass the husband and his immediate family members. The NGOs want the “Lawmaker of the Land” to make requisite changes to help and protect the Indian family values. In this changed world where women equal men in every walk of life, it is only natural that the civil and criminal laws should be uniform and gender neutral.
The nation, in the hands of incompetents has resulted in the ridiculous governance where not only a section of its citizens need protection from basic human rights violation but from absurdly drafted laws themselves! Just one such is the Protection of Women against Domestic Violence Act which is helping perpetrate more violence against the family than stemming it.
Family disputes and Domestic Violence is the number one killer for married men as 26% of suicides are directly attributed to such cases, Also young intelligent achievers includes software engineers are wasting their quality time fighting false multiple cases. The process itself is more barbaric than the punishment.  
The Protection of Women against Domestic Violence Act is an act which is:
1.      Totally Unconstitutional and violates basic human rights
2.       It is a tool misused by Cosmopolitan and misguided wives to avenge against the husband and in-laws if their demands are not fulfilled
3.      ANTI-CHILD, ANTI-FAMILY, ANTI-WOMAN and ANTI-MAN
4.      A serious threat to society and Indian family values
5.      LEGALISED weapon BY UNSCRUPULOUS WIVES for extortion
6. CHILDREN are increasingly living in single parenting, mostly mothers and missing out Fathers love and affection due to restraining orders.
7. Harassed HUSBANDS are increasing and are not able to file any case against their spouse when they have been Physically and Mentally tortured
8. Children rights is ignored due to this act and suffer silently due to insecurity.
9. Elders/ Senior Citizens are harassed and constantly live in fear.
10.Women family members - Only ‘wives’ are considered women and their fabricated allegations are taken as gospel truth


OUR D E M A N D S

Save Indian Family Foundation (SIFF)

  1. Protection for men and children under the domestic violence act
  2. Suo-moto prosecution for false cases of domestic violence
  3. Separate the maintenance laws from domestic violence laws, maintenance should be granted based on length of marriage and must be gender neutral
  4. Trials under the act should be strictly subject to the CPC and the Indian evidence act and criminal suggesting terms like jail, bail etc... be removed from its text
  5. Create a men’s welfare ministry and child welfare ministry
  6. Reform the antiquated judiciary and rewrite DV act with limitation clause
  7. Judiciary must implement  RTI Act in right earnest to provide important statistical data
  8. Responsible, accountable and a credible judiciary - make judiciary accountable for unjust adjudications (which are blatantly violating established law and internationally recognised human rights)!
  9. Responsible and accountable legislations and governance and police should be kept away form the family matters. Stop counselling in police stations
  10. Government to appoint and get research report on present family stresses and trivial disputes which are exaggerated

 CHILDREN’S RIGHTS INITIATIVE FOR SHARED PARENTING (CRISP)

1.     Protect children in matrimonial disputes and domestic violence act and stop child interviews and punish brain washing parents.
2.     Domestic violence judges should be trained in child psychology and Couples and Parental disputes should be treated separately.
3.     Implement shared custody/parenting immediately! No outdated sole ex-parte custody!
4.     Create Separate Ministry of Child Welfare (separate from ministry of women)
5.     Legal and judicial reforms for child friendly laws & implementation of internationally accepted good practices and clear back logs through evening and weekend courts.
6.     Settle all child custody and visitation cases within six months from filing
7.     Stop child restraining orders against fathers until trial is completed
8.     Child maintenance and support  provided by father should not be misused
9.     Action against any parent for not following court orders.
10.  Grand parents both paternal and maternal should be treated equally for grand children access.


All India Mothers-in-Law Protection Forum (AIMPF)

1.     Protection is required for ALL women! Women family members need protection from domestic violence, including those perpetrated by women against women.

  1. No immunity and suo-moto prosecution of women filing false cases.
Today the wife enjoys a free legal licence & immunity from prosecution while she herself perpetrates atrocities - physical, emotional and verbal abuse on other women members of the family. Such absurdly drafted laws not only shows the incompetence of the lawmakers and also reduces the ‘wife’ to be a legal terrorist, which is derogatory to the Indian woman and unconstitutional.

  1. Reform the NCW which is a PARTISAN WIFE CENTRIC ORGANIZATION. Ensure that NCW takes complaints from elderly women, mothers-in-law and not just wives. Otherwise, CLOSE DOWN THE NCW! They are unfit to redress women’s issues.

  1. The Domestic Violence Act is a “get rich quick” tool for criminal minded women to USURP husband and in-laws property. In the west, such women are termed “gold diggers”! No in-laws & husband should be forced to leave their own home on domestic violence complaint of daughter-in-law.


  1. Don’t treat mother-in-law as vamps and restrain TV serials depicting  mother-in-law as evil in the society.


We the members of SIFF, CRISP, AIMPF appeal to the media fraternity to support us by participating and educating the society at large through this DHARNA program the ill effects of DV act. We are expecting large number of our members and victims across the country to participate and express solidarity for the cause.

SPEAKERS in press club

1.      KUMAR V JAHGIRDAR, President CRISP
2.      RAVI MISHRA, Member SIFF
3.      SHIV SHANKAR, Member SIFF
4.      SHYLAJA HIREMATH,  Member AIMPF


 Thanks and Regards
Kumar V Jahgirdar
President
Children’s Rights Initiative for Shared Parenting
No 78, Osborne road, Bangalore - 560042
Email : kvjahgirdar@yahoo.com
Contact No : 9845264488
ANNEXURE

This is a sad period in India’s history that while it carries out economic reforms, modernises and aspires for a permanent seat in the United Nations to play a leading role in the world’s governance, it demonstrates a PATHETIC INCOMPETENCE TO UPHOLD EVEN BASIC HUMAN RIGHTS, PROVIDE CREDIBLE SPEEDY JUSTICE, PEACE, and SECURITY TO ITS CITIZENS.

Protection of Children from Domestic Violence
            Children must not suffer in matrimonial disputes. Granting sole and ex-parte custody to women merely on allegations under PWDVA and in other matrimonial disputes should be immediately stopped.  Shared custody should be the mandatory norm in all child custody cases, and children must not be allowed to be used as a pawn in matrimonial disputes.

In-spite of the fact that the Supreme Court has time and again shown exemplary sensitivity and wisdom towards children caught in the crossfire of matrimonial conflict, the same wisdom does not seem to have percolated down to the lower courts. Sections of judiciary need to be sensitised, educated and imparted with special training on protecting child rights. All litigants cannot approach the apex court for various reasons; neither is it possible for the apex court to adjudicate/ provide oversight for all such cases. So, there is a need for the Supreme Court to issues suitable directions/ guidance to the High Courts, Family Courts and other lower courts to educate them on aspects like U.N’s Child Rights Convention (CRC), PAS – Parental Alienation Syndrome, International Parental Child Abduction, stopping ill-effects on children due to misuse of gender biased matrimonial laws including PWDVA. Such training can be imparted during court vacation and will encourage the lower judiciary to improve their quality of adjudication, bring credibility to the judiciary and reduce the load on higher courts which have been reduced to redoing the work of lower courts!

Protection to men under Domestic Violence Act: 
            Grant protection to men from domestic violence like emotional, physical, financial abuse available to “women” (read wife) must be extended to men also.  It is the standard in most countries with domestic violence laws.

Maintenance - Eliminate maintenance as an Extortion Tool:
            Maintenance is meant for ensuring a dependent’s immediate livelihood. Its not a mechanism for profit. The domestic violence act has become a convenient extortion tool for unscrupulous women to get married only to demand extortionist compensation/ maintenance. In the west, such women are called “gold diggers”! This is nothing but legalised dacoity! The sanctity of marriage is reduced to a farce. Currently multiple maintenance applications can be made under several sections. Therefore the maintenance laws need to be separated from domestic violence & other matrimonial laws. To discourage marriage as a means of extortion, maintenance should be granted based on length of marriage, the status of the parties, their needs, and so on.

            Make maintenance laws Gender Neutral. Maintenance should not be driven by pseudo-feminist ideology which is presumptuous of men as perpetrators.  While the world has moved into the 22nd century, the Indian lawmakers are still stuck in a medieval mindset and ever proposing even more oppressive gender biased laws.  A case in point is recent recommendation to Karnataka government by Honourable Chairman of Law Commission of Karnataka Justice Malimath, which wants only the man to disclose their income/ assets under CrPC 125 maintenance cases.  This is presumptuous that a woman has no income/ assets of her own to support herself and does not require the woman to disclose her income! Implicit is the assumption that man is the perpetrator and not to be trusted in law. There are countless cases where women have filed false affidavits (which in itself is a crime) stating zero income to claim maintenance. It is such recommendations that when passed into law result in blatant misuse, extortion and legal terrorism.
The Indian lawmakers show absurd double standards when on the one-hand they claim equality of women & a modern outlook and on the other go about trying recommending maintenance for even women in “live-in relationships”! Women in live-in relationships are modern, educated, highly competent independent women who are not fettered by olden day social taboos! For lawmakers to appease with maintenance in laws like PWDVA, reflects a primitive “cave-man” mindset about women in society.
The lawmakers and law reformers will do well to study maintenance laws of other democratic countries (to which they make several trips at the taxpayers’ expense), and then exercise and apply their mind in law making! The need of the hour is for lawmakers from the modern generation and not those from a by-gone era!

Educate and sensitize judiciary: The stance that a man is presumed guilty in matrimonial disputes until proved innocent is unacceptable, inhuman and unconstitutional. It is in bad taste for judges to make remarks even in a lighter vein, of the kind: “A man must obey his wife”, or “a man cannot expect to have freedom in marriage”, etc.  If similar remarks were made with reference to women, all hell would break loose and there would be a clamour for gender-sensitization of judiciary and so on!

Create a Men’s Welfare Ministry:
The suicide rate of married men is about double that of married women. Suicide is resorted to when a person sees no other way out. The current laws are specifically designed to harass innocent men to death by systematically stripping them of their income, their possessions, imprisoning them, their immediate family members, and psychologically breaking them down  by separating them from their children. One example is the suicide of Syed Makhdoom who was unable to meet his son. If a woman commits suicide, the husband is presumed guilty with the onus on him to prove innocence. However, when a woman is the perpetrator, she is presumed innocent until proven guilty & her crime subsidised. Stop such double standards and pseudo-feminist appeasement! Such absurdities have only legalised atrocities against men & children which are no different from the much touted “bride burning”!

About Save Indian Family Foundation (SIFF)
Save Indian Family Foundation, Bangalore is a non-profit organization dedicated to promote the cause of gender equality and family harmony, and provides support to men and families facing domestic violence and false legal cases. Its members including women, come from all walks of life and range from young people to senior citizens.
 About Children Rights Initiative for Shared Parenting (CRISP)
CRISP is a Non Governmental Organization (NGO) which recognizes the serious effects of "parental alienation" on children due to single parent families on account of divorce or separation. CRISP also focuses on furthering the rights of a child to remain connected with both parents. CRISP deals with issues related to the unquestionable right of children to be cared for by both biological parents.
About All India Mothers-in-law Protection Forum (AIMPF)
All India Mother-in-Law Protection Forum (AIMPF) is a non-funded, non-profit organization which creates awareness about the problems faced by mothers-in-law and also fights against their vilifying and villainous projection. Such projections which stereotype the depiction women are insulting and derogatory to the modern Indian women!

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