Wednesday, 25 June 2014

Trivial Disputes: Women are filing Molestation cases and misusing #IPC354

Many young guys supported strong #IPC354 without prior understanding of the law, which led to #IPC354 be made non-bailable. As per this law any woman can label a boy as ‘Molester’ without having to undergo a medical examination.

Recently in SIF we are getting many complaints that even age old ladies are filling molestation cases against young boys secondary to trivial disputes such as Parking of cars or bikes.

25 years old Arun, working in Delhi metro one day reached home on his bike and found that their neighbor had parked their bike in his place. He requested the neighbor to move their bike to an alternate place, but they refused and started to abuse him. He contacted Delhi Police at number 100 after which the neighbor removed their bike.

But a big surprise awaited him the next day morning. He received a call from local Police station, that he and his 22 year old brother were accused of Molesting the neighbor who was a 45 year old woman.

Police arrested them both and put them behind bars for 9 days, which is the time it took for them to get bail. All his lawyers and other neighbors asked him to compromise and offer 5 Lakh Rupees to the 45 year old woman. He was left very confused, and wondered why was he put through such injustice? He started calling us to seek answers for why such unfair, biased law was made in the first place?

Mr. Arun is not alone, every day in SIF we witness such cases and find that young guys are totally ignorant and unaware of the dangers of #IPC354. This law was created in a way, that any women irrespective of her age can send any man behind bars by a simple verbal allegation.

In the parliament many MPs did express concern about its misuse, but radical feminists ignored their valid concerns. SIF also made recommendations to ensure innocents were not harassed, however government paid no heed to what MPs and SIF were stating and went ahead in approving this unfair, and biased law.

In another case in a shopping mall, Mr. Karan Gupta, 35 years old, met with an accident. A young woman crashed his car from behind. He immediately started video the situation using his mobile phone.

Photo Courtesy by Mark

Although the woman was at fault, she started to be abusive towards him. In order to seek justice Mr Gupta contacted Police at 100. Police officer took both of them to the local Police Station.

At the Police Station the woman filed a molestation case on him misusing #IPC354. She alleged that he had touched her private parts. Mr Gupta requested the Investigating Officer to record the lying woman’s statement and for her to undergo medical examination. The woman refused to undergo a medical exam. A lady police officer then advised this erring woman that she should not say that Mr Gupta touched her but she should make allegation that he abused her verbally and attempted to touch her body. This made the women change her statement, and IO was about to arrest Mr. Gupta.

Mr Gupta then showed IO the recorded video of what had actually happened. Mr Gupta was lucky that he was facing an honest IO. Looking at the video evidence right in front of him, he closed the case against Mr Gupta. Not only that he went ahead and filed a case against the erring woman under #IPC182 for giving false statement to a government officer with intention to hurt.

Ironically the court gave bail to that woman straightaway despite the Video evidence to support #IPC182.

This is the main reason for increase in false, fabricated Molestation and rape cases in India.

A mere allegation by a 45 years old women, without any evidence, sent two young men behind bars for 9 days. On the other hand, despite video evidence of false molestation charges, a woman got bail in 2 minutes.

Such injustice against boys or men is not new. Law makers are in deep slumber while radical feminist organizations are manipulating the Media. This leads to Media showing only incidents of alleged rape/molestation cases, but they never show any cases in which a man has proved himself innocent after having lost 5 to 7 years running around in courts.

Is there any way out?

Yes, it needs awareness and will power of our Law makers to stop such abuse of  law. They must realize that non-bailable criminal case is not a joke like ordering some Pizza. Such false allegations destroy an innocent, law abiding man’s self-esteem, confidence and faith in humanity.

Any FIR/complaint on the basis of Verbal statement of women which leads to #IPC354 must be made bailable.

The punishment for making false fabricated statement under #IPC182 should be non-bailable and strong punishment in jail terms, without accepting any excuses is the need of the hour. Government must issue strong directions in law itself, so that Judges should not allow bail in such cases where by documentary evidence (like video recording, CCTV footage, Mobile locations, and audio recordings) itself prove the case was false and fabricated.

History has taught us that sending innocents behind bars doesn’t reduce crime rates. It will only have a backlash which will lead to revenge, violence and raised crime in India.

Photo Courtesy by Mark

Wednesday, 11 June 2014

#HugYourDad & take Vow to Stop Fatherless Child society in India on #FathersDay.

Vicks VapoRub #HugYourDad - YouTube

“This father’s day, I am expressing my love towards my dad by participating in the #HugYourDad activity at BlogAdda in association with Vicks.”

Only a Father can put his life at risk knowingly or unknowingly for his Child. Many of you would have heard this popular story: 

Once a fatherand his 8 years old daughter was to cross a river. There was only one small damaged bamboo bridge to cross the river. The chances of bridge breaking down were very high if one was to walk through the bridge.

The father asked his daughter to hold his hand tightly, so that she would not fall down.

But the daughter said, “NO”, you hold my hand instead of me holding your hand.

The father was surprised and asked his daughter the reason?

The daughter replied, “I may leave your hand by mistake, but I know you will never leave my hand in any condition”.

That is the trust and confidence a Father gives to his Child.

Recently I witnessed an Advertisement of Gillette Role Model camping, where a 9 year old boy named Rudra, fights with his friend Kush, as Kush was hitting a sixer on every ball Rudra bowled to him. Rudra started using abusive words and they both end up fighting.

When his father questions him, from where he had learned such abusive words, he innocently replied “On TV bowlers use such words for Batsmen”.  

His father then tells him to go and apologise to his friend and congratulate his friends for his success.  

The boy asks his father “Why to congratulate?”

The father asks back, “Who hit the Six?”

The boy replies, “Kush”.

Father asks again “So, should Kush not be congratulated?”

Rudra understands what his father was trying to teach him. He rushes to Kush and apologises and congratulates him. His father later approaches Rudra and tells him that he will teach Rudra new bowling technique, so that he can bowl Kush out in the first ball the next time.

Father is the first teacher any child witnesses from their childhood. 

These all are happy stories that we all remember. But there are hidden truths in Indian society and courts of LAW, where more than 95% fathers are denied the custody of a child although comparatively they are more capable of taking care of their child’s welfare. Their paternal emotions for their own children get smashed day after day in the courtrooms, but Judges continue to use fathers as FREE ATM machines.

With time more and more anti-men, anti-father laws like 498A, DV, CRPC125, adultery laws etc, family harmony is being destroyed and the couple are fighting in court across 6 to 8 cases against each other. Such fathers and husband are treated as guilty till proven innocent.

The verbal statements of a wife are considered as gospel truth, irrespective of the audio/video evidence husbands and fathers provide, irrespective of their heart wrenching distress that is evident to all present in the courtrooms. Everyone, but the judges can see that he is not at fault, and label him a criminal, a worthless, incapable father unless higher courts state otherwise.

On average it takes between 5 to 7 years to prove a man his innocence. Historically and statistically, in more than 90% cases courts eventually find Husbands and fathers not at fault. However by this time he has lost 5 to 7 years of his golden years that he would have lived and shared with his loved child. No court, no society, no sympathy, nobody, not even Almighty God can give back those precious years to a husband, a father. While a father lives in pain during these years, a child misses out on all the love, affection, care, guidance that the child would have received from his father.

The most unbearable pain such fathers get is the pain of being deprived to meet and share moments with their own child or children. Many a times, when such pain crosses a certain threshold, fathers see no choice but to end their lives to stop living with such unbearable pain. In SIF, we have witnessed numerous cases where men have ended their lives silently, but at the same time being apologetic to their children for not having suffered ongoing pain. On various video sharing websites like Youtube, one can find many videos like that of Syed Makhdoom who have left final messages for their children and the world.

As a SIF moderator, in last 10 years, I have seen more than 7000+ cases, where a husband has been treated just like a free ATM machine. To get a basic visiting right for his child, court keeps giving dates after date. After many years of a long painful fight against the rotten, corrupt system, when he does eventually get a legal right, the wife does not obey the court order and poisons the child’s mind against his own father, labelling him as the worst person in the world; as ifDawood Ibrahim would be a better person than his own father.  

Anish Aggarwal, a 38 years old bright Software engineer, has been paying Rs 6000 per month for the past 2 years as maintenance to his child; however he continues to wait to meet his child. He continues to endure this pain in hope. Hope that one day he will be able to meet his child, give him a hug and shower his blessings upon the child. His child and he continue to miss those precious moments that they both deserve and need as humans.

Mr. ShymalVikram, 39 years old, HR manager in a MNC, managed to see his child in the 8th year after paying Rs 8000 per month for 7 years. He was over the moon when he met his child. However who will return those precious 7 years of love and affection that he wanted to give and his child had right to receive? 

Mr. KunalMitra, had child visiting order in hand for 3 year, but failed to meet his child. When he reached in front of his wife’s home to meet his child, she filed more cases like Domestic violence to threaten him. Why has society given such ludicrous powers to wives that they continue to misuse and destroy a father and his love for his child?

Mr. Ashish Sarkar, 38 years old works in a media house. For the last 2 years he has been fighting in a court to find out if his child is a son or a daughter, let alone see the child. His wife on the other hand seeks maintenance for the child! Where is humanity heading, where is our Indian society moving towards with so much greed and selfishness?  

Mr. Ashish Sarkar, had a judgment, where the judge clearly mentioned in maintenance cases order, that it is totally unfair on part of wife to hide the child’s sex. Unfortunately due to rampant gender bias and blindness towards men and fathers, he cant do anything against such injustice even in a court. Why do we have a judicial system that is so diseased and disabled? 

Similar to such real life situations, such injustice to Indian fathers is rampant. India is heading speedily towards a fatherless society.  

In a recent letter, a Delhi based NGO Save Family Foundation questioned WCD (Women and child Ministry) on Father’s Day - Can a Child get Divorced?( Link )

They also cited statistics on how a Fatherless society is dangerous:

As we know fathers play a vital role in the development of a child. In United States of America, reported statistics inform us that Children from fatherless homes are:
1. 5 times more likely to commit suicide
2. 32 times more likely to run away from home.
3. 20 times more likely to have behavioural disorders
4. 9 times more likely to drop out of high school.
5. 10 times more likely to abuse chemical substances (become drug addicts)

In India, if you were to go through the crime data on Children and Adolescents, you will notice that more than 70 percent are fatherless children while more than 90 percent of call girls under prostitution net, confirm that they don’t have a father.

But will our LAW makers, WCD and Court Judges ever understand this and should they continue to use fathers as Free ATM machine only? If only money were able to provide a good welfare fora child, then all children from rich homes would have good moral characters and would never have any criminal records.
A child needs a teacher, a trusting relationship, a guiding friend, a loving father and a figure who has a God-like nature for blessings. Only a father can provide these as a single entity on this planet. These cannot be bought by money and no other human can give these to a child the way a Father does.

Now a days we witness Supreme Court, LAW makers and radical feminist groups advocating mediation/counselling from women’s cells all across the country. However these women cells have become cells of legal extortion and blackmailing cells for desperate, distressed fathers.

In my opinion as an advocate for Family harmony and child benefit, I suggest that children should have access to both parents irrespective of whether couple are able to reunite or separate amicably. That should be a standard process if we are to keep the child’s welfare at the forefront. Clearly a child cannot express such common-sense desire in women’s cell or Police stations or the NGO heads who are too often blinded in the name of women empowerment.

Please don’t kill the emotion of a Father for his child, an emotion that cannot be created or duplicated by force, law or threats. Biased practices in the courtrooms and society also kill the emotions of a child that are created by nature. Such emotional bonds are needed for a normal development of a child physically, emotionally, morally, spiritually and socially.

Very sadly, many lawyers, judges and others with blinded vision feel proud when a wife gets complete child custody or receives a big fat amount of money in the name of child care. Commonly we hear “A child has been united by his mother”. Nobody says “A child has been separated from his Father”. Such children become and remain fatherless forever.

As responsible adults, we must encourage children to meet separated Father’s home every weekend and whenever there is an opportunity, instead of supervised visitations or meetings limited to family court premises or within a park etc.

We must seek Law makers and Politicians to Grant immediate and equal (child) access to both parents, to legislate laws and make co-parenting mandatory to prevent expanding a fatherless society.