Showing posts with label Marriage Laws. Show all posts
Showing posts with label Marriage Laws. 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.




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Friday, 18 September 2015

WCD propose Marriage Contract Law like Prenuptial ?



When I came to know from various news that present WCD minister working with a module in the name of marriage contract or popularly known in rest of the world as Prenuptial agreement, remind me in 2007 itself I send a mail about that to them, which was put in dustbin.




As marital bliss eludes couples, pre-nuptial agreements mark their Indian debut 

Prenuptials agreements have been finding their way into marital unions in India too, but there's a problem: Indian law does not recognise these pacts, rendering them useless. Now Maneka Gandhi's Ministry of Women and Child Development has initiated moves to change this.

It is outlining modalities for introducing prenuptial agreements into the existing legal system as an option for couples.





Now, my concern , hope this proposed law also should not be anti-men , like we witness they had done in earlier domestic violence act, work place harassment act, where the word person was replaced by women and spouse was replaced with husband. Hope this time also the same should not happen.

So, the question how it should be the proposed Marriage Contract Law of India and how it can be enforceable in India?

Prenuptial are enforceable guidelines, contrary to popular perceptions it is not only about financials but is much more.

Prenuptial agreement is more likely to stand up if it meets the following conditions:


1. The Agreement should be fair, and duly acknowledged.
2. The Agreement should have attorney certification from both parties as well.
3. The Agreement should have clause stating that if any provision of the agreement is
     invalidated, the rest of the agreement still remains in effect.
4. There should be listing attached showing each spouse's assets and liabilities.
5. The Agreement should have all the clauses of agreements arrived at between the
     prospective spouses.
6. The Agreement may also contain the necessary history of proposed alliance.
7. The Agreement should be reviewed by separate lawyers and duly certified by them.
8. The Agreement should be setting out each party's assets, debts, and property rights before the marriage, settling issues of division of property and of spousal support in the event of marriage breakdown.


That means, if the both party are genuine, transparent and do not have any pre-planned ill mind, will accept the same before marriage itself.

The Prenuptial Agreement cannot counter Section 498A IPC at all, but may reduce the damage
Caused by misuse of the law .

Some of those people, who refuse to see dangers and consequences of false 498A or Domestic Violence Act cases and brush aside the truth, thinking nothing is going to happen to them, may find this as cheap insurance policy like medical Insurance, which is not very popular in India.

It has got three Modules:   Entry Module, Operations Module, and Separation Module.

A. Entry Module:

Examples of preconditions: 

1.HIV tests
2.Horsoscopematching (Optional)
3.Proof of age
4.Passport copies, getting a passport
5.Proof of educations
6.Trial Period
7.Mode of calling of the marriage.
8. Expense sharing for preparation of marriage
9. Expense sharing or compensation in case of calling of the marriage
10.Gift register (setting limits)

B. Operations Module

1.Lifestyle
   Example: How will the various items required for running marital will be bought
          1. Car (who buys or who rents)
          2.house
          3.Furniture..etc.
      

 What percentage money will each put for common pool also called as marital pool.

How will the common pool be operated?

What happens if one person puts from their pool into marital pool is it to be treated as gift or a zero percent loan to the other spouse.

Example: if a husband becomes unemployed then the wife would put in some money is it to be treated as marital expense or loan to the marital pool) 


 Who gifts what to whom, setting the limit of yearly gift from close relative .Limits can be set on what can be maximum or minimum limits.

In case of financial despair acceptable sources to tap and the modalities.

2. Definition cruelty: You are setting certain expectations from your spouse here as all the Indian marriages act says mental cruelty depends in the conditions. This gives you a chance to clearly define these are a not acceptable and this are acceptable to some extent, also you can grade it to cruelty, violence and crime.

3. Household chores (cooking, cleaning etc)

4.Child planning (when, how many, where)

5. Define exception conditions (Example if the couple cannot conceive then adoption or surrogate or intravital ) 

6.Rules of staying away ( Transfer )

7.Rulesof abortion ( Either or both )

8. Rules of meeting parental obligations ( in-house, in complex etc )



C. Separation module

  • Define the alimony ( indexed on wholesale Price index, index on income , limiting alimony based on tax limits etc ).
  • Define the shared parenting responsibilities (residence, schooling, clothing, food. Mode of collection of the Childs needs).
  • Define the rules for division of marital property (Operation module defines how the marital property will be accrued).
  • Define residential rules for children.


 How to enforce such Marriage Contract or prenuptial agreement in India ?


Now as I had discussion to a smart retired judge (who doesn’t) want to   be known and asked him if a Prenuptial agreement was valid in the court of law .He smiled "why not "and said my opinion it could definitely be valid, if you follow certain procedures and amend the Present contract act along with a note in all Marriage related law the previous agreed Marriage contract to be considered as valid.

The way to do it is to file for declaration of marriage in the family courts under the "Special Marriage Act" along with your documents, witnesses and the deed of Prenuptial.

That would be treated as your engagement.

Take next date and solemnize in the family court in the next date.

Orders are passed and you are declared married.

With this document get the whole order registered in the Registrar office and you have married with an enforceable prenuptial in courts.

But he says such a prenuptial is very likely to be enforceable as the courts have married you by accepting the prenuptials.


A marital pool has to be defined regardless of assets.

The prenuptial agreement in India stand a very good chance of enforcement in India if the prenuptial is certified by the court easily and with open mind and this is possible in the "Special Marriage Act" where in the magistrate goes through all the documents and then declares the marriage based on those. 

Just Married !!



A magistrate can refuse the marriage in certain circumstances. eg: if one of the spouses is below the age of marriage the magistrate can dismiss your petition for declaration of marriage or if the magistrate feels the some clauses are unfair then also he can dismiss but once the magistrate has accepted the prenuptial agreement in India then for demanding money or anything beyond prenuptial agreement in India the onus is one other party to prove additional circumstances. 

Don’t think that prenuptial agreement in India are just two to three pages. Nothing can be far from the truth. A good prenuptial may go to 40 to 50 pages.

There is no grantee such contract give 100% success of your married life, but at least be honest , be transparent to your would be spouse , which you perceive to do at present verbally , it’s time to get documented.



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Friday, 19 June 2015

Why Lacks of Separated Fathers deprived from #HugYourDad on the eve of #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.”



Last one week we were very happy to see so many corporate brands today recognize the Value of #Fathersday and came out with multiple awareness activity. 

When I write 21st June: Sunday #Fathersday: What you planned? Subsequently witness  many activity like with message like , #SelfiwithFather , #PapaHaiNa , #Luv2Dad , #LoveforDad , #HugYourDad and the list is never ending in social media.

But when I receive a mail from a father: To my kiddo, with love! , who is separated from his kid, how he feel, have ever we try to understand?



Dear Kiddo,

Lots of love and wishes.

I always write my diary with a hope that one day when you grow up, you will read this and understand that how much your father loves you.

Father's day is around the corner and I am looking forward to meet you on that day; hopefully. I say hopefully because there are many people around me who really do not like my meeting with you, especially your mamma. But a day will come, for sure when you will be with me, forever.

You know kiddo; I was always excited about you. It started with the day when mamma told me that she has conceived you. My happiness knew no bounds on hearing the news and I was jumping in excitement. I took your mamma in my arms and told her that she was about to give me the best gift of my life.

The next nine months made me a different man. Day and night, I thought about you. I became less carefree and more caring. I took extra care of mamma so that she did not get uncomfortable. I took responsibility of the house and started doing small household chores as well. It was a pressure situation for me to manage my office work along with household work. But I wanted your mamma and you to be in best of your health. I wanted that nothing should affect you whatsoever. All for you, dear. I was so excited, so happy.

I told your mamma that I shall be your best buddy for life. I shall be there always for you, in sunshine and in grey.

One fine day, I told your mamma about all the financial planning I am going to do for you so that your future is secured; so that you get a good education; so that you enjoy all the goodies of life. I want you to feel proud for your father. I never knew your mamma had planned a different type of financial planning.

Months passed by and finally the day came when you were about to come to earth. I was nervous, pensive and all emotional till you came. The moment your umbilical cord was cut and I heard that you came on earth, my eyes were flooded.  Flooded with tears of happiness.  You made my world complete. People say parenting is a tough job and I indeed felt so but looking at you took away all the pains for me. I enjoyed my sleepless nights, changing your nappies, singing Lorries for you so that you sleep.

I was so excited with each passing day of your growing up and I made sure that I captured each and every moment through my lens. I felt as if I am the luckiest person on the earth. I live by and cherish those memories now as you are not around me.

I always wished to carry you on my back, throw you in the air and catch you back, be the horse for you to ride, teach you how to ride a bicycle and what not. But probably, I never knew that a situation would come in my life when you would be snatched away from me.

It was seemingly all going great until that fateful day. Mamma had a fight with me and she was upset. I went to office thinking everything shall be fine by evening. When I came back, you and your mamma were not at home. I was shocked and surprised. You both had gone to your maternal grandparent’s house and your mamma told me to be back in couple of days. I never ever thought what she would do two days later. She complained to police that I torture her and don't take care of you. I was called to the police station and IPC498A was imposed on me; by the person who was my world; by the person whom I gave my everything. Your mamma made me a criminal in a moment without giving a second thought. My world was shattered.

Mamma took you away to Nani's house. From that day, you are there. I miss you a lot kiddo. Life is incomplete without you. I have a hidden fear that you might forget my identity. Mamma and Nani feed you with all sorts of imaginary negative things about me. I just pray to God that you do not grow up hating me. I am not like that kiddo. I hope one day you will understand.

You know kiddo your papa was down but not out. Your papa had not lost courage and hope. Your papa had decided: to fight; fight for you, fight for justice. A day will come when I will bring you to my world, indeed. And then, every day shall be father's day.

With lot of Love.

Papa

This not a simple mail, it expose how our Society and Law makers are victim of Misendric – Male Hatered Mindset , the pain and suffering of a separated Father from their Kid ignored so easily and their cry never reach to deaf ears of our LAW makers. 

But NGO like SaveFamily Foundation take the imitative and Plan to make a massive awareness Campaign on 21st June, 2015 in the Heart of Delhi i.e. CP from 4PM onwards.

We know such separated Fathers of India does not get any hearing, but hope the effort of SFF self Supported Volunteers,  will able to reduce some of their pain on the Eve of #Fathers day who are deprived from the #HugYourDad.


 



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Friday, 1 May 2015

First make #RefusalofSex a Criminal offence then talk about #MaritalRape





Lie , lie and Lie , that’s how radical Feminist group and media fool the Indian by Playing the Victim-hood Card smartly.


  • A wrong done by wives refuse to have sex without any justified reason and blackmailing Husbands , radical feminist groups termed as marital rape to hide their own wrong doing.
#RefusalofSex and #MaritalRape ( Forced Sex) both had been considered as Mental harrasement by #MiLord of SC and is an Ground for Divorce.

But radical activists want to make criminal offence only #MaritalRape but not the #RefusalofSex in marriage, which is totally #Unfair.


They say in India Husband have right to have forced or violent sex with wife and there is no relief to wives. This is a Blind lie. The truth is in India a Women or wife when rape a Men or Husband the same not termed as crime in Indian LAW.

Would request all read the law Like Dv Act ( Domestic Violence act) , where it had clearly mentioned in case of any sexual assault or Violence even a Name calling is offence . The women can get relief under DV act as protection order, compensations, and residence right. If the Men violate the protection order, he will be jailed immediately.

In addition to that, if women face sexual violence, she can seek relief under CRPC125; she can seek Divorce and alimony.
In addition under 498A also the men is Punished for doing such act.

So, there are 4 special laws exclusive for Women as a relief in case they face any sexual violence or assaults in marriage.

On the other hand , When a woman rapes (sex without mutual consent) our Indian society and law colors the act with terms like loving or affectionate. Sadly some women consider such acts as their birth right over men. If a man tries to fight back or resist or even dreams of speaking the truth, he himself is labeled as rapist instead of being considered a Victim of rape.


So the bottom line is in India , a Women have right to rape not only her Husband to any Men and the same is not crime as per LAW.

Another lie spared in NDTV show by a Feminist that Law commission had recommended to make #MaritalRape is a criminal offense.

But she had not mentioned that:
"The Law Commission in one of its Report dated March, 2000 had recommended that laws relating to rape (Sec 375 IPC) be made gender neutral.

But the recommendation was not accepted.  Why?
 
Will our Lawmaker ever take the moral responsibility and courage to replace the words “Men/women” by the word “Person” and replace words “husband/wife” by the word “Spouse”?

The Question asked why the #MaritalRape should not be termed as other Rape cases and the answer is:

1.     Where the women are not married with Men she had not given any consent to have sex as Legal Obligations.
2.     Other Women can’t seek relief under special 4 LAW which is available for a Wife.
3.     Other Women can’t restrict the man to have sex or re-marry to other women as per Constitutional Right 21 give Live and Liberty. 
4.     The present Rape Law are not gender Neutral, so every Possibility the Victim is not the women, the Victim is men.
5.     In married relation there are Consensual sex also , so you can’t determine the sex was consensual sex or forced sex by DNA or other forensic test.
6.     Most important the evidence act of present Rape law does not seek any medical exemption as prim face evidence. So , every Consual sex also can be termed as rape. 

7. Most important its not only in marriage relationship , any relationship you are in the form of marriage or love or live-in , terming your partner rapist is not only wrong, it is cheating and fraud.

Marriage LAW we have section 9 RCR - restitution of conjugal rights it is your obligations to have sex with your partner and it is the Legal right provided by Law in return it restrict your choice to have sex outside women. Even Supreme court of India mentioned in several Judgments #RefusalofSex without any medical reason is wrong and spouse have right to seek divorce.

As per our survey more than 98% cases Husband had been refused to have sex with their wife without any medical or Justified reason months after months , but feminist say , men have relief under such situation to seek for Divorce. 

Ohhh what logic, a wrong done by wife the solution is Divorce, then why same type relief a wife can’t seek like Divorce than crying foul I had been raped?
Also those feminist had not told you as soon as a Husband will seek Divorce on ground wife refuse to have sex, immediately he along with all his other family members will be termed as criminal under 498A, Dv act. Multiple litigation for maintenance will be filed as interim maintenance under CRP125, Section24 and section25.

So, a wrong done by wife but it is Husband have to pay the price and run from Pillar to Post to get Divorce ? 

So, if you really want to reduce the forced sex or violent sex the first step should be term #RefusalofSex as a Criminal offence, as during marriage it is your legal obligation and consent to have sex and you violate it. Then only there will be Domestic harmony.

No, No, now Feminist will come out with logic it is my body my Choice, I had get married to you does not mean you have right to use my body as Commodity.
100% agree with you all male hatred, but you will you buy the same logic if given by Men? If he refused to have sex with wife, will not you term him Impotent, he had done fraud, Cheating, have relationship to other women and drag him in multiple criminal cases?

Most important , if you buy any costly Diamond set or Beauty Parlor Cost by his hard earned money , why She also should not be send behind the bar under as crime under extortion or Robbery?

 

  • So, next time before fall under feminist lie, must understand:

 

1.     In India if a Women face #MaritalRape she can seek relief under DV Act/CRPC125/Divorce/Section24/Section25/498A. But if she raped her Husband her Husband can’t seek any relief or Protection from her.

2. Refuse to have sex by Husband to wife without any justified reason is a offense in India as per Domestic Violence act , but the same not considered as any offense when does by wife.

3.     In India men does not have right to rape wife , if he does have to pay heavy price, but Women have all right to rape any men or her own Husband the same not crime.

3.     During marriage You have given consent to have sex with your spouse and it is your Legal Obligations as in returned you had ended his/her Choice of to have sex with other men/women outside wedlock.

5.     Terming forced Sex or violent sex as per with stranger Sex is nothing but unfair and cheating. 

6. If you are in any relationship in the name of marriage or live-in or love affairs, you can't term your partner a Rapist, first end it than cry foul rape , rape. 

7.     If you believe it is my body my Choice, then stays away from marriage and do not give false promise and obligation of marriage law. No one had put a Gun on your head to get married.

8.     If you use his money without her consent, be ready to go to Jail under extortion and Robbery cases also.

9.     A Husband can't be file rape case against Wife, let she rape you every day and then cut your body in 11 or 17 pieces.

10. A wrong done by wives refuse to have sex without any justified reason and blackmailing Husbands , radical feminist groups termed as marital rape to hide their own wrong doing.

 

 

  • So, what is Solution?

 

Read the other LAW of other Country as Whole before compare a appeal to orange,

1.     Rape or Sexual assaults LAW should be Gender Neutral first. There should not be any excuses to support #RapistWomen of India.

2.     The Present relief given under Domestic Violence Law as protection first to be utilized and then see how many cases found true . Let first get the data from Court than depend on per-determined one sided biased study by funded organizations.

3.     To maintain Domestic Harmony the DV act to be made Gender Neutral like other country have.

4.     Abolish special law like 498A, 304B as no other country of the world have such decoration law.

 

The most important before believe unfair demand of #MaritalRape first make #RefusalofSex as criminal offense than only  giving a Lollypop solution to Men of Divorce , which never come without paying heavy price.

 

Related News : 


Making marital rape an offence will lead to false complaints - Deccan Herald

'Making marital rape an offence will lead to false complaints ... Business Standard

 



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