Showing posts with label alimony. Show all posts
Showing posts with label alimony. 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.




Posted by at No comments:
Family problem, Help men, Men Life Style, Men NGO , , , , , , , , , ,

Wednesday, 5 August 2015

Indian Women are not liable for maintain Minor child or Old parents?

Responsibility to run Home should be on Women too : Says Judge Ms. Mona



We all know how women organizations and radical feminist gang keep blaming Indian society and mind set regarding preference of Son than girls in India. Given enough examples of how unfair Indian parents are towards their girl’s child.



But do you know who had promoted such mind set?

Do you know how they treat their own age old parents?

Do you know it is the women of the family prefer a son than girl’s more than male members?

Read the law CRPC125, the law was proposed by such women and radical feminist organizations only.

It may be noticed that Section 125(1) of Cr.P.C. reads as below:--

"Order for maintenance of wives, children and parents: -- (1) If any person having sufficient means neglects or refuses to maintain--
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother at such monthly rate , as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:

Provided that the Magistrate may order the father of a minor female child referred to in Clause (b) to make such allowance, until she attains her majority if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means."

The question for consideration is whether the mother is liable to pay maintenance under Section 125(1)(b) of Cr.P.C. ?

It is true that in Clause (b) of Section 125 of Cr.P.C., the word used are 'his' legitimate or illegitimate minor child, and on that basis, it has been tried to be urged by many learned counsel for the petitioner that a mother would not be covered under this clause and cannot be held to be liable to pay maintenance.

Same way, women can’t be liable to maintain to her age old mother or father also as the word mentioned His, not his or her.


Go through Old age study, Elder abuse 32% by Daughter, 44% by Daughter-in-law, totally 76% and only 24% by son , but still as per DomesticViolence law an age old parents can’t file any case against daughter or daughter-in-law .

So, legally Indian women is not liable or responsible for any support to their own child , own age old parents , not punished if they do any Domestic Violence in family , where as every men is legally liable to maintain not only wife, child, age old parents , even Live-in partner also.

There were some HC judgements were available, where court had observed like, educated healthy women can’t simply sit idle and seek maintenance, earning women can’t refuse to maintain own child, but none of them got any node from Government when amended of law proposed. 

Like the Crpc125 had gone through many amended, like remove the cap for interim maintenance from Rs. 500 to Rs. 1500 and then remove all together and made it unlimited.

The CRPC125 also made the amended the word “Lived in adultery” to “living in adultery” lead to massive increase of adultery in India as women know if they got Caught red handed in adultery then also husband can’t refuse maintain her , as husband have to prove , she is still living in adultery . Tell me which stupid will continue the same when got caught red handed?

Result the wife advocate just say one word , she may be lived in adultery , but no evidence still she is living in adultery , all effort of Husband gone in dustbin. Keep paying her till she alive in-spite her wrong doing you caught red handed and proved in court.

Laws Loaded Against Men



So, the bottom line in when an India women is neither responsible nor liable to maintain even own child, age old parents and forget about Husband.  One must wonder, then what responsibility assigned to Indian women as per law.

NGOs working for men had bring the same to notice of Government , National commission of Women , Media houses , when we all agree on principal of No Work No Pay , then why you advocate to pay money to wife, when she is not staying with her Husband , even well educated , healthy also ?

When you are not staying with your husband, you have full free time and you can definitely work than sitting idle at home and keep claim money from husband, but when law gives you such free lunch why she will even try to work?

Unfair law promotes unfair practice only. If our government and women organizations really want fair treatment to women, they must amend the CRPC 125 as under:


1.      The word wife to be replaced by Spouse.
2.      The word His to be replaced by his or her.
3.      Living in adultery to be replaced by the word “Lived or living” in adultery.


If the same not done forget about any gender equality in this country and stop cry foul and keep blaming why Indian Parents prefer a son than daughter more or men should change their mind set.

First change your own mindset and accept every right comes with responsibility, at least take some responsibility for own child and age own parents in the law book, time being forget about taking care Husband.

We wonder under which university or collage it had been taught that by making unfair law, bring fairness in society? We would love to visit such education institutes.


Many of Misandric-Male haters will came out with logic, today’s women already taking care of their child, parents and even husbands also, right?

If so, why not get the same approved and recognized in the LAW book itself, when law does not recognize your effort which you claim doing for so long?



We know our Politicians and women organizations will never dare to amend such unfair law, as they themselves also enjoy the benefit of No Work but get paid, so it’s up to Supreme Court to take suo-motto action and correct the laws in the right sprite of Indian Constitution article 21: Right to live and liberty than hiding under special abused provision of 15(3).


Must Read :






Posted by at 5 comments:
Family problem, Help men, Men Life Style, Men NGO , , , , , , , , ,

Monday, 13 July 2015

Indian alimony laws: Not Anti-men?



In the Hope4Men Work-Shop organized by SFF in association with Hridaya , one can witness many cases that make you wonder, like a husband facing fake/fabricated allegation by his wife that he dumped her for the reason that she was carrying a girl child.




But when child actually born it found the child is boy, not girl. Till date no court able to punish her for her such blind lie documented in women cell as well in court petitions.

Hope for Men Work Shop , Delhi



But the major problem had been witness, how Indian men facing extorting of money legally as well illegally start from wives, police, advocates and even by some court staffs also along with Fear of arrest, fear of losing Job.


Except money, money and money, everything else failed to make their wives happy.



Out of 200 cases, found only 3 cases where the wives had not demanded any money, rest all cases wives are openly demanding lacks of rupees in front of judge, police. But none had termed the same as extortion or blackmailing.

It reminds me the wonderful advertisement of Pay-Tm. The advertisement maker nicely captured, in India how from a child hood a men’s role had been defined as Provider to women irrespective of the women’s age, education or working status.


Story:
Story: The man is in a hurry, as he is getting late to work. But, his sister has to tie a Rakhi on his hand. The man, somehow, complete the ritual, and runs as fast as he can. The sister says, "Kaisa Bhai Hai?" (What type of a bother he is?)
In the next few minutes, her mobile rings, and she sees the message that her brother had sent Rs. 2000 via PayTM. On receiving the message, she says: "Itna bura nahin hai" (He is not so bad), with sweet smile.



The advertisement done well impact to Indian , as that’s the mindset we live in, a man is provider and if he failed to do so, he will be termed as useless men. The same kind of mind set maximum women carry forward  and imply to their boyfriends or husbands also.

Bottom line as long as men is provider and keeps paying your bills; he is not a bad guy. But for any reason he is unable to pay your bills or refuse to pay due to your wrong doing , the man will be termed as criminals, via various anti-men law like crpc125, molester, rape, wife beater, dowry seekers a long list of IPC.

We was having a balanced gender neutral maintenance / alimony law section 24 , but some Misandric mind set of law makers prefer to form another law called CRPC125 , with a intention to provide some interim relief to women and child ( forget the word Men) and the cap was Rs.500 per month. Then the same increased to Rs.1500 per month.

But the same cap now removed and made unlimited. Result the basic intention and purpose of law had been changed. In maximum cases in the name of Interim maintenance husband’s 30 to 50% income had been stanch way without considering the merit of case and then the case dragged years after years.

Maximum cases the wife’s earning, assets, ability to work, her education always ignored. So, without provide any support or care of husband, she is eligible to get lifelong maintenance in the name she got married.

When law was made there was a clause, if the women found lived in adultery the maintenance should be denied. But the same also tampered and the word “Lived” had been changed to “Living” by some crooked organizations and fooled the law makers. 

The impact of a single word like change from “lived” to “living” leads to a situation where even you caught your wife red handed in adultery and then submits all evidence to court with a hope to get justice. But wife’s a simple word, I am not living in adultery and your entire defense have to go for a full toss and judge will happily throw your petition out of court.

Now the harassment does not end here, there are DomesticViolence act and there also the same principal of CRPC125 apply. Another law for women only (law makers again forget the word Men & Spouse) and the in the name of interim relief it continues without merit of cases.

So, the basic purpose of Interim relief had been abused and the chances of review of any wrong/biased order also had been stopped by HC /SC in various judgments, first pay then will hear your petition.
A gross abuse of the above law is evident from the courts room filed by various wives, against her husband. Even though the lady although working in —– has deliberately  hidden this fact in  the court case and has mentioned that she is not working or became Jobless and living permanently with her parents or relative, just to get maintenance from the courts from her husband.  

Courts used to avoid making any effort to find her all assets/income/ITR details by using CRPC91 before passing any interim order.

Even a small child also will be finding difficult to justify such ideology: When a wife is not staying with her husband, she is not taking any responsibility of marriage, then how can she just sit idle and keep claim maintenance for life-long irrespective of her duration of marriage?

That’s the perfect reason many western country limited the alimony/maintenance linked for Limited time ( like for 3 years or 7 years) depend on duration of marriage. Un fortunately our Indian law makers failed to understand the same and keep making multiple laws and twisting the existing laws without put any long term vision or effect.

"What's sad that we even witness many lob less man who can’t find a suitable job is also forced to pay a woman who is working by taking loan or taking money from their age old parents," says Amit a 38 years guy of Delhi.

Amit is part of a growing movement pushing for changes to alimony laws via represent to member of government authorities, but till date going to deaf years.

He added , it’s time to make new single alimony law considering different types of alimony with varying durations, depending on length of marriage and the finances and assets of each spouse than continue with present multiple laws for a same relief.  

Many Advocates for changing alimony laws argue that they need to be updated to reflect 21st-century marriages. They say that judges have too much discretion in divorce settlements and often order Husband (their only crime they earn well) to pay lifetime alimony to wives even if she is capable of supporting themselves.

"There need to be limits to the duration of alimony and caps on the amount you pay," says Mukul another Volunteers of SIFNetwork .Tom  "You could be married at 25, divorced at 35 and spend the next 50 years paying alimony. There should be consistent treatment across the board where you can predict what's going to happen based on law, not a judge's arbitrary decision."

"In a country where there is lifetime alimony, there seems to be a presumption that the person who receives alimony never has any obligation to take care of herself — even if she is educated, healthy or even have past work history,” even  some women like Shilpa added.


Number of times SIF network represented to various government authorities with suggestion to come out from Misandric mindset that let the man beg, borrow or steal, but it’s your responsibility to feed your wife rest of the life irrespective of any reason.

Summary of suggestions made: 

1.      The multiple maintenance claim to be stopped immediately as even a murder caused can’t be prosecuted by twice for a same offense.

2.      The word husband/wife to be replaced by Spouse.

3.      Interim maintenance to be caped and time limited instead of unlimited and drags for years after years.

4.      The word “Living in adultery” to be replaced by Lived or living in adultery, as person can’t take advantages of her own wrong doing.

5.      No one should be allowed to sit idle, if they can’t find job, must be ordered to work at least 8 hours in a day for various social community service like many country have.

6.      Government must allocate funds for destitute men or women at least for 3-years, where other partner can’t provide financial support.

7. Urgent need of Income Tax relief as paying alimony / maintenance is UN-avoidable expenses.


So, what are you’re thought regarding our Indian anti-men, Misandric multiple maintenance law like crpc125/Domestic Violence act / Section 24, would love to here in my comment section.

Four-fold hike in no. of Indians ending lives: Study





Posted by at 13 comments:
Family problem, Help men, Men Life Style, Men NGO , , , , , , , ,
Subscribe to: Posts (Atom)