Showing posts with label 498A Act. Show all posts
Showing posts with label 498A Act. Show all posts

Friday, 13 December 2024

How to stop Legal Genocide of Indian Men?



#Unfairlaw or Policy can not bring Fairness in any Society, it only kills fairness in Justice System and harmony in Society.

 

The topic of the legal challenges faced by men in India, particularly in the context of gender-based laws, is a complex and sensitive issue. Some individuals have raised concerns about what they describe as the "legal genocide" of men, particularly in relation to laws that they feel disproportionately affect men, such as those regarding dowry harassment (Section 498A of the Indian Penal Code), false rape allegations, and child custody disputes. 

However, it's important to address this matter from a balanced perspective, considering both the protection of men's rights and the need for gender equity.

Here are a few ways the issue might be discussed and addressed:

1. Reform of Gender Bias in Laws

  • Review of Section 498A (Dowry Harassment Law): Supreme Court of India argued multiple times that this law, while aimed at protecting women from dowry-related harassment, is often misused, leading to unjust consequences for men. Reforms that ensure better scrutiny of cases, as well as proper checks and balances, could be explored.
  • Balanced Laws in Family Courts: Custody battles and divorce cases often have gender biases, with women sometimes given preference in child custody, regardless of the father's situation. Family courts should aim for fairness and evaluate each case independently, based on the best interests of the child, without gender bias.

2. Education and Awareness

  • Raising Awareness of Men’s Rights: There is a need for campaigns and educational programs that raise awareness about men's rights, particularly in relation to family law, domestic violence, and false accusations. This could help remove stereotypes and ensure that both genders are treated fairly.
  • Gender-Sensitive Approaches: Promoting gender equality doesn't just mean focusing on women's issues but also addressing the challenges faced by men. Gender sensitivity training for police, legal professionals, and others can help them approach cases with impartiality.

3. Support Systems for Men

  • Establishing Support Networks: There are relatively few support systems for men in distress in India, especially when dealing with family-related issues, false accusations, or mental health. Creating more avenues for emotional, legal, and psychological support for men could provide a way to address these issues effectively.
  • Men's Helplines and Advocacy Groups: Advocacy groups that focus on men’s rights can play an important role in offering legal assistance, psychological counseling, and support in situations where men may be unfairly treated.

4. Preventing False Allegations

  • Stronger Legal Framework Against False Accusations: While laws like 498A and those related to sexual assault have been created to protect women, there are concerns about their misuse. Providing legal safeguards against false accusations and ensuring strict penalties for malicious intent could help balance the scales.
  • Objective Investigations: Law enforcement agencies and courts should prioritize objective and fair investigations to prevent wrongful convictions and ensure that the rights of the accused, whether male or female, are protected.

5. Public Discourse and Dialogue

  • Open and Constructive Conversations: Societal attitudes towards gender roles and gender-based violence can be difficult to change. Promoting open discussions about the challenges men face, while also addressing women’s issues, is crucial. This could lead to better understanding and a more equitable legal system.
  • Media Representation: The media has the power to influence public perception. Encouraging responsible and fair representation of both genders in issues of law and family dynamics can help promote gender equality.

6. Comprehensive Legal Reform

  • Revision of Laws for Gender Neutrality: A reformation of laws to ensure they are gender-neutral could be a long-term solution. This would involve crafting policies and laws that don't disproportionately benefit one gender over the other but instead focus on the merit of the case at hand.
  • Establishment of Gender-Equal Standards in Law: A thorough analysis of the impact of existing laws on both men and women, coupled with a focus on fair justice, can help avoid potential biases in legal processes.

7. Mental Health Support and Wellbeing

  • Promoting Mental Health Care: Men’s mental health often goes underreported, especially in the context of legal struggles. Addressing emotional and psychological issues in a healthy and supportive way can prevent negative outcomes, such as suicide rates among men.
  • Societal Support: A shift in societal expectations, which often encourage men to remain silent about their struggles, can play a significant role in alleviating these issues.


In summary, while laws are necessary to protect individuals from abuse, ensuring that these laws are applied fairly to both men and women is essential. Gender biases should be minimized, and legal systems should focus on justice and the specific details of each case.

Discussions around men's Constitutional right Article 21- Live and Liberty with Dignity should emphasize a balanced approach that upholds justice for all genders.




Friday, 14 September 2018

Scrap 498A as Supreme Court again Failed to Protect Article 21:Live & Liberty of Innocent Person.


Today is the 5th time SC Judges once again recognized the misuse of Law 498A, but what SC had been done? Have they really interested to protect the Live and liberty of Indian Men, which is back bone of Indian Constitution and its responsibility was assigned to SC to protect for every citizen, irrespective of their caste, religion or sex (gender). 


Court Says :

It is propounded in a court of law that the penal provision is abused to an unimaginable extent, for in a cruel, ruthless and totally revengeful manner, the young, old and relatives residing at distant places having no involvement with the incident, if any, are roped in.  Thus, the abuse of the penal provision has vertically risen.  When the implementation of law is abused by the law enforcing agency, the legislature introduces a protective provision as regards arrest.  Needless to say, the courts have ample power to grant pre-arrest bail or popularly called anticipatory bail and even to quash the criminal proceeding totally to stabilize the lawful balance because no court of law remotely conceives of a war between the two sexes.  The courts remain constantly alive to the situation that though no war takes place, yet neither anger nor vendetta of the aggrieved section should take an advantage of the legal provision and harass the other side with influence or espousing the principle of sympathy.

SC 3-bench Judge, acknowledge the Misuses of Law once again, but as solution says AB is available, but failed to understand the getting AB is not some thin ordering Pizza or a cup of tea.  When abuse the power of arrest happens, do you think Police is fool to give the time the person to go for Court to apply for AB? Who will stop the extortion, Blackmailing happen in court , police station in the name of AB ?

Solution given by SC: Training to Police personals. What a Solution, as last 50 years no training was given to them in spite so many SC guidelines and Judgments.

SC: Solution to stop abuse of arrest is Training. Really ? 


In spite of having Blackmailing and extortion Law , Government make special law 498A , which even term mental cruelty to wives as criminal offence ( which all over country deal by gender neutral Civil Law ). 

But any mental cruelty by wives to Husband is not crime in India. Such was the Unfair law in this country, where even silence of any Husband or his long relative members can be termed as criminal and as its non-bailable offence , the person can be put in Jail irrespective the allegation latter found true or false.   

One Have to understand why Rajesh Sharma Judgment was have to come in picture to form Family Well fare Committee to verify 498A complaint, before refer to court or Police.

Advocates/Judges/Government may say to abuse arrest 41A/Various SC judgment was there to avoid immediate arrest, But Practically it had been witness, none had given any respite for abuse of power of arrest.

When police arrest someone, technically prim face you can’t say its abuse, as it was non-bailable offence and Police, as they can’t refuse to register FIR. On the spot also police can arrest the Husband, if opposite party power full or use influence, so, the abuse of power of arrest was not curbed nor register of FIR with long list of people was stopped.

The intention of Rajesh Kumar Judgments was to curb automatic register of FIR and abuse the power of arrest, only think they have to record the reason and Justify. Means abuse of power of arrest was continue in spite of 41A/various Sc Judgments. Rajesh kumar Judgment was tried to given a way to filter the complaint via Family well fare committee to get time Husband to get AB, which had been reversed.

Second think getting the AB does not remove person name from the list of Criminal or provide the Live and Liberty of a person provided under article 21 , many rights had been restricted as soon as your name in list of any criminal offence start from free moment to get Passport, Job and many more.

Hence, SC- 3- Judge failed to curb the Misuse the 498A and protect the constitutional right of article 21 of innocent persons, though they acknowledge the same, but failed to take any corrective action.

The justification given CRPC41A and AB available as per law, so no need any other remedy. In the same logic, if any women face so called dowry harassment, she can file case as blackmailing and extortion also, but why special law 498A? Why the demand of Money/property by wife family from Husband not termed as Dowry ?

The solution given by SC Misuse to be dealt with AB is nothing but their failure to take corrective action. Result the innocent people have to suffer, which SC judges itslef termed earlier as unleash Legal terrorism.

Wonder our SC is for to take only note of Misuse or give corrective action? Even after 5th time , still they have not courage to #Scrap498a .

The justification SC- Judges given , it’s not their Job to correct in loophole in Law , but in case of Vishaka case to order internal committee ( already sexual assault law was there) , 66A scraped for Misuse , 377 modified to stop abuse the law , but when comes to 498A , their contracted stand surprised me.

So , it’s clear beyond reasonable dought that in India none is interested to protect Men’s Live and Liberty right provided by Constitution article 21 by making multiple unfair Law by government , the laws will be abused by Police, advocates. SC Judges also un willing to take any corrective action. So, what option as Men in India you have?

Injustice somewhere is threat of Justice every where!!!

#SpeakUpMan before its too late,as no other bandage solution except #Scrap498A ,  otherwise future generation is not going to forgive you for your silence, as today Marriage it self is became Crime  for Men in India.

Friday, 28 July 2017

Swarup Sarkar and Amit Lakhani on SC Judgment on 498A Misuse

Sunday, 15 November 2015

Watch SIFAR : Documentary on International Men's Day ! on YouTube

On the eve of International Men's day Delhi based SIFAR Video team had released their 2nd  Documentary !! 


The Video Consist of live examples how men , start from Common Men , activist , Victims and actors , who realize the need of Men's day and shown their happiness that there is a effort going on to establish the need of Celebration of Men's day too !!

As on date more than 70 countries all over word celebrating #mensday19Nov , which was first celebrated in 1992 and the numbers are increasing .


We have witness SIFAR team's earlier Video like A Fake Story JustMean , Documentary on NGO Working for men already had been well appreciated by many young Guys .

As a result I had witness in Last   month 3- student group came to us to make Documentary on suffering of Indian men , which never witness earlier in #FeministWorld .

Media , Judiciary , Parliament and Police , the four pillar of Indian Democracy seems forget that Men are Human too !!

The sacrifice , love , care and bread winner's role since establish of earth Men are doing had never been recornised or respected .

Men had been always taken as granted , result start form Suicide , Crime against men , sexual abuse ,  Blackmailing, extortion  , Domestic Violence against men are increasing at rocket speed.

Even many Mother's , Sisters , wives, Girlfriends are also keep calling Men Help line like SIF_ONE : 8882498498 as they can't bear the pain of their own  Son, brother , Husband or fiend's daily suffering lead to silent death !!

On the basis of Mere a verbal allegations, even Nobel Prize winners men , Judges , Power full Politicians , advocates  had also lost his Job , forget about common men .

Ms. Uma Challa , a Hyderabad Based  Women through her Blog named Fight for Gender Equality  made a Press Release said :


Sadly, the present day society and media tend to idolize and honor just a handful of stars and celebrities, while ignoring the contributions of the majority of men. They also demonize all men and everything masculine, without realizing the negative impact that it can have on men, women, children, and the society as a whole.
International Men’s Day (IMD) is a day to
  • remember all the good things about men and boys around us.
  • acknowledge and celebrate the invisible heroes of everyday.
  • honor men for all their positive contributions to the world.
  • pray for the health, well-being and safety of men and boys.
  • to ask for fairness towards men and boys in all walks of life.
  • join hands to end misandry and to restore respect for masculinity.
IMD is also a day to examine the various issues faced by men and boys and to discover ways to address them. It is a day to sensitize the society to work towards making a difference for men and boys. This year True Equity Network (TEN) India and All India Men’s Welfare Association (AIMWA) will be focusing on two important issues, namely, health and education of men and boys.

One may agree or disagree , but the reality of 21st Century that Men are Under Attack . The suffering, wrong done against them had never been considered as concern in this country . 

Men are Human too , Stop Abuse them !!



Them of this Year International Men's Day by Save Family Foundation ( SFF)  : Men are Human too

In a country we have Government funded authority/Commission even to protect the rights and welfare of Trees, animal, but none for Men. When it comes to issue like Crime against men or high Men suicide, Job-loss of Men, Men health issue , our Government always prefer to go on silent mode.  

 

It’s no more a #MensWorld, it’s #FeministWorld who force men or Boys to behave like a just Free ATM machine or became a Robot without heart and humanity.

The early you accept truth, is better for yourself and must read Why to Celebrate International Men’s Day?

 

 







Tuesday, 25 March 2014

498A wife to be taking back or not?



The basic purpose of SIF is that our Brothers should be happy.



These are some of the advices we commonly offer:


1.         Yes, we advise people not to marry 498A abusing girls and their families.
2.         We also advise that you must not take back a 498A abusing wife.
3.         We advise you not to pay money or settle false cases and support our members to fight cases on merit. We suggest that you should pay what the court orders, rather than paying to settle the case.
4.         We do not advise you to file for divorce.

Every case is different; hence every case will have its own aims. We suggest a cautious approach and the decision to take a risk is in your hands. Do we disqualify anyone from SIF movement if they do eventually burn their hands and take a risk?

Answer is no.


However we do share our utter disappointment with those who have paid money in their first marriage, marry another 498A abusing woman and then come seeking our help. We believe that by paying off the first 498A abusing woman, you have sown the seeds for further abuse to another man.

The question then is why do we advise such strategies? The reason is that there are various risk factors secondary to gender biased laws in India like 498A, DV act, CRPC125 and anti-rape law to name a few.

In SIF we have followed these basic fundamental tenets since the inception of our movement. Anyone can confirm this by going through the very old messages on our yahoo group.


SIF aims to provide happiness to its family members. Our Mantra to success lies behind a basic formula: Stress = Uncertainty x Importance. Simple mathematics rule; make any of them zero and your stress will automatically become zero.


Most of our members take our suggestions, fight and win their cases. However there are many others who are not so courageous to fight such false cases. We do not judge them and support them like any other member of the SIF movement. We Do expect them Not to pay any money to get rid of the 498A abusing woman, since by not paying at least they are not allowing her to spoil another mans’ life. This is the least we can do for the society. We hold such men in high regard since they are doing whatever they can for the betterment of the society. 

Lets discuss the point of taking a 498A abusing wife back. It is indeed a risk, especially in the first 7 years of your marriage since in many cases Supreme Court has convicted people under 304B on mere evidence that there was a 498A filed earlier. Some people do end up taking that risk of taking 498A abusing wife without proper action planning. Such men eventually tend to suffer and indirectly create problems for others unknowingly. If you do wish to take that risk, then at least observe her behaviour while separated for 6 to 8 months and then cautiously consider taking her back. Taking a 498A abusing woman can be considered an interim strategy that will help you in the long run to win any cases later on.  

In many instances false 498A cases are not filed by wives, but by in-laws. In many other cases, the disputes are not between husband and wife but actually are family disputes. In family disputes we advise patience since with time situations tend to change for example after any of the troubling in-laws’ passes away. We have also seen family disputes happening when it was a love marriage and in-laws were not supportive of the marriage; and eventually became trouble makers later. Hence we say, every case is unique and needs careful assessment. 


Bottom line is that you know your case best, you know your ex best, you are the best judge to measure the risk that you can take, and you are in the best position to plan any consequences of the risks/actions taken today, i.e. what actions would you take if tomorrow the problem starts again. 


We suggest that your plan should have an immediate, an interim and a long term goal. As a basic litmus test for such 498A abusing wives, we encourage people to get a rented accommodation, invite her to stay with you, observe her behaviour closely and if problems are visible, collect evidence of her mis-deeds and leave that home.

Sadly some people misunderstand and worse still, attempt to malign SIF movement. Such people have never understood how SIF has withstood the test of time and managed to help lakhs of people in India and abroad. These people make false/fabricated lies on Facebook and other social/public networking sites. Such acts are strongly condemned. 

If anyone has doubts and is unable to understand SIF ideology, I invite them for discussions to help them understand who we are and how we have learnt from our success and failures over the years. In SIF we learn from each other’s successes and failures and grow strong.

A member is only shunned from SIF when he/she abuses SIF movement, undertakes anti-SIF activities, charges money in the name of membership/consultancy fees for the free advice we offer,  and violates basic guidelines as set by SIF. Those indulging in such anti-SIF activities will not have their numbers flashed as our helplines/members on our websites.

If SIF wanted to provide a paid service, we could have offered service using LAW firms. Law firms are always happy to help/advice by charging money as many of our members already know. SIF was created for a different purpose. 


We are a self-supported movement run by volunteers. We are not a money charging service provider. 


Lakhs of NGOs, Law and Consultancy firms undertake activities by charging money. If there is an addition of 1 or 2 in the list, it does not make any difference to SIF

SIF movement has not forced anyone to join the movement and neither does it stop anyone from leaving. 

SIFs ideology has been its backbone for survival over the years and if anything, it has got strong. 


Love it or hate it, but SIFs ideology remains what it was when it was created. 


The problems Indian men and families face are very complex due to biased, unfair laws and misandric society. Hence there is no fixed formula of success and I repeat every case is different.  You are the best judge of your risks and we can advise you best according to the risk you have measured. Our job is to help you assess the risk, think through with you about next steps and to spread awareness so that nobody else gets trapped like you. Please contact us through telephone or yahoo group. Ideally meet us in person at our weekly meetings that take place all across the country.

Finally, SIF wants all its members and other men in the country to be happy. Please learn from others, how they have measured risks, how they have taken cautious approach, how they have won cases and ensured happiness in their lives. 

If you are happy, we at SIF are happy !!