PRESS RELEASE – BLACK SEPTEMBER #Adultery #Sabrimala

Press Release on Adultery & Sabrimala Verdict of Supreme Court

Men Welfare Trust (Regd. NGO) is part of Save Indian Family (SIF) Movement which is the biggest representative of Men’s Rights Movement of India. SIF is a conglomerate of over 40 NGOs across India & Abroad, working tirelessly for Men;s Rights in India. SIF has been working for Empowerment of Men at Legal, Policy, Health, Govt Budgeting level. SIF conducts weekly Support group meetings at over 30 places in India, 5 places outside India. In addition, SIF also runs multiple Websites, Blogs, Email support groups and even Whatsapp First Aid groups to help and support Indian men and boys. SIF runs the world’s largest Private Helpline for Men in Distress, “SIF One”, which gets over 6000 calls every month. SIF One Android Mobile app also allows Men/Boys in distress to connect with SIF.

September 2018 continues to be BLACK SEPTEMBER in the lives of Indian Men.

This Month, after Triple Talaq Ordinance and removal of Family Welfare Committee, 2 more blows to the rights and dignity of men have happened:

Ø  Hon’ble Supreme Court decriminalized IPC 497 #AdulteryØ  Hon’ble Supreme Court allowed entry of women to #Sabrimala Shrine

SUPREME COURT REMOVES #ADULTERY IPC 497:

The Hon’ble Supreme Court in a 5 judges bench, headed by Chief Justice of India, decriminalized Adultery thus making Sexual relationship outside the Marriage not a Criminal Offence.

With the way the definition and reality of Marriage has changed in India, where Husbands were forced to live under constant fear of False Dowry, Maintenance, Domestic Violence, Custody cases, Adultery law was the only protection they had in case of adulterous wife filling false bouquet of cases. That shield, which could have helped Husband prove the Cruelty he has undergone because of Wife’ Adultery has been taken off and Husbands are left defenceless.

The Hon’ble Supreme Court while pronouncing the judgment mentioned that Husband is not a Master of the wife. MWT wishes to submit an amendment that, No Spouse if Master or Other Spouse. It is highly unfortunate that though the Husband is not a Master of Wife, but still the Hon’ble Supreme Court allowed archaic and draconian laws like Maintenance, Alimony laws which force the Husband to be the PROVIDER to his wife.

With the removal of Adultery law, which gave 100% immunity to an Adulterous wife, now wife will have no deterrent in having Sexual Relationship outside her marriage. It would be pertinent to add that a Husband, if at all, even talks to another female (or doesn’t even do that much), a wife has all the right to file Criminal Case on her Husband (and his entire family members) under IPC 498A, CrPC 125, PWDVA 2005 and many other sections.

It had been our demand for long time that Adultery law MUST be amended to make it Gender Neutral. With Hon’ble Supreme Court doing away with the law inspite of correcting it, the value of Marriage has been left to nothing in India. Now the big question remains, CAN A CHILD BE EVER BE SURE WHO IS IT’S FATHER?

SUPREME COURT ALLOWS ENTRY OF WOMEN (specific age group) IN SABRIMALA:

                Entry of women between 10-50 years of age was not allowed in the shrine of Sabrimala, which is considered to be the abode of Celibate Lord Ayyappa. Interestingly, a religious sentiment case, was conveniently converted and viewed as a Feminist Issue which means that Feminists don’t regard females under 10 years and over 50 years as women at all.

                Hon’ble Supreme Court 5 judges bench, headed by Chief Justice of India, also used terms like “Patriarchy”, “Women not inferior to Men” etc. Though, the case was never a Gender based case, the Hon’ble Supreme Court verdict made it like one.

                MWT believes in religious autonomy to remain untouched by Judiciary but would request the Hon’ble Supreme Court to also issue directions to Attukal Temple, Chakkulathukavu Temple, Santoshi Maa ‘Vrat’, Lord Brahma Temple (Pushkar), Bhagati Maa Temple (Kanyakumari), Mata Temple (Muzaffarpur), Trimbakeshwar Temple, Kamrup Kamakhya Temple TO ALLOW MEN INSIDE THESE TEMPLES FOR THE SAME EQUALITY.

Adultery not A crime : IPC497 Unconstitutional by SC, but Men have to continue to Pay Price !

Last 158 years , a crime Adultery which was done by Both Men & Women together , but IPC497 was never termed Un-Constitutional in spite lacks of Men had been termed as criminal .

Then the various study came out that increasing number of women in adultery, killing of Husband by women due to adultery and demand to push to adulterous women also along with Men. It was almost common agreement among public that women also should be punishment for the same crime if men had been punished as in that crime both are having 50:50 partnership.

Even LAW commission came out with commendation that the law should be Gender Neutral .

The demand was starting keep rising every day , but alas , how can our Supreme Court term a crime done by Women as Crime in India and send a "Fertile Women" to Jail ?

They do not have any problem to send any age old women or unmarried women to jail in 498A or 304B law.

So Supreme Court of India after 158 yrs ,  today wake up and termed IPC497 ( adultery) is Un-Constitutional. 

The Supreme Court on Thursday unanimously struck down Section 497 of the Indian Penal Code that makes adultery a punishable offence for men. In four separate but concurring judgments, the five-judge bench of the Supreme Court said the 158-year-old law was unconstitutional and fell foul of Article 21 (Right to life and personal liberty) and Article 14 (Right to equality).

The apex court also declared Section 198(1) and 198(2) of the CrPC, which allows a husband to bring charges against the man with whom his wife committed adultery, unconstitutional. Chief Justice of India Dipak Misra, who pronounced the judgment in concurrence with Justice AM Khanwilkar, said while adultery could be a ground for civil issues, including dissolution of marriage, it could not be a criminal offence. 

Way back in 2006 , it was asked to me whatt is our view on such LAW , we categorically said , adultery should be a criminal law or civil law the word should be Person instead of Men or Women and Spouse instead of Husband or Wife.

The argument of national Commission stand was Adultery by Women cant be termed as Crime , as she is victim , not the men. So , it never became as Gender Neutral Crime in India and Men continue to pay the price for a crime which done by both Men and women as a 50 : 50 partnership.

Now as the IPC497 became un-constitutional instead of making it Gender Neutral , means a married women Lived or Living in adultery cant be questioned . She can even Claim Money from her Husband in CRPC125 , Domestic Violence Act , can term husband Criminal under 498A which Supreme Court does not find Un-constitutional .

So basically the Supreme court of India says : 

Hey Stupid Indian Men , you married a Women , now you beg, brow or steal , you have to provide her Food, Home, Money and whatever she want as a wife to make her happy, even through out your age old parents from their own Home, as you married her.

But when comes to sexual relationship , She can have as many Man as she want , its her right . She have have multiple sexual partner and your Job to provide Money to her as per LAW like CRPC125, Domestic Violence Act , Section 24 irrespective its her fault or your fault.

Now , if as a Men forget to get involved to any adultery , don't even to dare to dream , not only you , your parents , sisters , Brothers ,  all be send to Jail under 498A , as Supreme Court says they cant even act to correct the Loop Hole in any Law made by parliament , forget about to term the same Unconstitutional .

So , hey stupid Indian Men Change your Mind set , marriage does not mean she had taken oath that she will be committed to you , she can have as many Men as she like , its her constitutional Right , if you dis agree , be ready to go to Jail along with your parents , Brother , sisters too.

#SpeakUpMan or the day is not too far , Supreme Court is going to make new law : "Any crime done by Women should not be termed as Crime in Book of Law ." 

In a country where : Adultery by married Women is not a Crime but any aligation by women for simple verbal abuse , mental abuse , economical abuse , staring to women , refusal to marry by Men - is heinous crime as per IPC354 (Molestation) , IPC376 ( Rape) , IPC498A .

Time to enjoy the unleash #LegalTerrorism against men by Indian Law Makers and supported by Judiciary . Be ready for more extortion , Blackmailing , irrespective its your fault or her Fault . 

Adultery by Women - Child

#KarunaNandi & Justice #ChandraChud lobby pls stop plying with fire. Husband Suicide increasing, #HusbandMurder by adulterous wives increasing, even a good women too today tempted to do adultery, no fear of law, but husband still punished by hook or crook via 498A, DV, CRPC125. pic.twitter.com/D4Hrtw2T7T

— SwarupSarkar (@swarup1972) October 4, 2022

#KarunaNandi: Yr 2018 after #Adultery law scraped, Me written this 👇& send to SC/MP/MLA/Media.https://t.co/bQ5f72DagZ
After 5 yrs. A SC Judge dare to say: Adultery tears Family apart, should not taken lightly.
That's when unfair action by MiLord #Chandrachud people realized. pic.twitter.com/yy6AmHt3j0

— SwarupSarkar (@swarup1972) October 4, 2022

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#SpeakUpMan for Formation of Men Commission in India.

Do You Know NCRB- National Crime Bure Report ??

• Murder (Adult +Child ) : Men Vs Women : 22608 Vs. 8888 ( Ratio : 72:28)- ( NCRB : 2016).
• The overall Male: Female ratio of Suicide victims for the year 2015 was 68:32. (NCRB:2015).
• Ratio of Male fatality to Female fatality due to un-natural accidents was nearly 80:20. (NCRB:2015).

Wonder whose Life is more danger in India , Men or Women ?

498A Commando Training - Rajesh Sharma Judgement Explained

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

Today is the 5^th 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). 

Order Copy 498A : Click Here .

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.