false498a

June 17, 2010

WHY DIVORCE IS ON RISE

Filed under: Thoughts&Articles — Fighting Legal Terror @ 9:08 am

Why divorce is on rise

Shocking Statistics related to divorce cases

  • Average 20 divorces filed every day in four Family Courts, Bangalore.
  • 15000 cases of divorce are pending in 4 family courts in Bangalore.
  • In 2008 alone 5000 cases were filed.
  • On an average it takes 15 years for the case to be disposed. 7 years in family court then minimum 4 years in HC and another 4 years in SC.
  • In 2008, 7,526 cases were filed in the Mumbai family court as against 6,761 in 2007.
  • In Delhi, nearly 9,000 cases are filed on an average annually.

 

Why divorce is on rise:

There are reasons galore for the rise in divorce cases. Urbanization and financial stability of both husband and wife are a major reason for increase in divorce. Today’s empowered women are refusing to follow the traditional culture of Indian marriages. Marriage is the biggest form of displacement for any woman as she has to shift from her home (natural habitat) to her husband’s home.

Today’s financially strong women are not ready to take undue pressure on their individual existence and thus marital discords are bound to increase. Financial stability of women is a major cause of rise in divorces, who thinks they need not require a family for their survival.

Another major reason for the rift in the family is that Government is making more and more women related laws which are “Gender Biased” like IPC 498A, Domestic Violence Act, CrPC 125, Hindu Marriage Act etc. These “Gender Biased” laws have been made in such a way that there are plenty of loop-holes for misuse. Women at the drop of the hat are rushing to the nearest police station to file case under IPC 498A, popularly known as Dowry Harassment cases. Normal wear and tear of the life between husband and wife are being converted to “Dowry Harassment cases”.

Nowadays “Empowered women” are aware that filing false cases under IPC 498A and Domestic Violence are as easy as ordering a Pizza. The system and the laws are designed in such an inhuman, insensitive and irrational way that there is no punishment for filing false cases. Maintenance orders are being passed depending upon the earnings of the husband without looking at eligibility or who is at fault. Due to all these “Gender Biased” laws women know that they can get heavy maintenance from husbands and they don’t try to save a marriage.

It is a universally accepted fact that every married couple has minimum wear and tear in life. Due to these gender biased laws the women often threaten the husband and his family members to file false criminal cases. For survival of any marriage three components are must and they are trust, love and affection. Once there is a threat of false criminal cases then the trust disappears and similarly the love and affection which eventually leads to divorce.

The couples do not try to work out the marriage as they are confident they can lead a life independently as both are financially stable. With stress and long working hours with little time for each other, couples drift apart and end up being separated. Today’s couples do not try to reconcile and are in a hurry to end the marriage. Marriages end in divorce because people rarely discuss their expectations in detail prior to tying the knot and are less willing to work on their marriages afterwards.

Daughter-in-law, from day one want to control his husband as they fear that he will help his sisters and brothers financially and part with his earnings. They look for quick solutions rather than resolving issues. People have divorced their spouses for trivial reasons like snoring. Earlier, the common reason for divorce was mental or physical torture but now it has more to do with incompatibility, adjustment problems, temperamental differences and intolerance. Growing levels of impatience in relationships were making couples opt for divorce.

There was news recently in the media that a woman in Mumbai was seeking divorce from her husband as they did not like her wearing chudidhar and wanted her to wear sari. So people are even seeking divorce on dressing style, food habits etc. Unnecessary interference from the parent of the daughter-in-law to control the husbands etc are causing major rift in the family.

Refusal of the wife, to stay with parent of the husband, no desire to experiment with lovemaking or unwillingness to do household chores are some of the other reasons for the rift in the family which eventually leads to separation and then divorce. Nowadays Daughter-in-law does not want to stay with husband’s parent and keep pressurizing husband to make a separate house thus leading to crack the family and eventually leading to divorce.

For more information please contact

P Suresh, President                                                           M Mahesh, General Secretary

9880141531                                                                     9731569970

You are also requested to visit

www.498a.org.in

www.family-harmony.org

http://498amisuse.wordpress.com/

June 15, 2010

Elder Abuse Awareness Day

Filed under: Thoughts&Articles — Fighting Legal Terror @ 11:29 am

ELDERS ABUSE AWARENESS DAY

June 15th is the 5th annual Elder Abuse Awareness Day. Organizations and communities across the world are engaging in activities which will raise awareness of this serious problem affecting elderly citizens worldwide. Elder Abuse Awareness Day was started in 2006. In its initial year, several hundred organizations and government entities participated in activities intended to help promote a better understanding of the issues surrounding elderly abuse in nursing homes around the world. Participation in the event has grown considerably each year.

National Family Harmony Society® is working towards creating awareness from many years regarding various issues of the aged, elder, ailing and senior citizens in India. NFHS has drawn the attention of the Government on the occasion of elder’s abuse awareness day regarding various issues faced by elderly senior citizens in India.

About National Family Harmony Society®: “National Family Harmony Society®” NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us, please visit http://www.family-harmony.org / http://www.498a.org.in.

It is a well known fact that normally in the context of Indian society and culture aged old parents normally stay with their son and daughter-in-law in the last leg of their life. It is being increasingly noticed as a trend that often such aged parents are tortured and harassed by the daughter-in-law and are exploited due to the fact that they are old, weak, ailing and do not have a place to live in the older age. Unlike the western countries where there are shelter homes provided by Government, In India such aged, elderly parents have to depend upon their son and daughter-in-law for their survival, medical treatment and care etc. This is also a fact of the life that once a person cross 50+ they suffers from various ailments for which they need extra care, affection treatment extra etc. A modern, young, well educated and working daughter-in-law considers age old parents of her husband a burden on her, as she needs to take care of them and also because she considers them an inhibition on her freedom to life.

“This is a well known fact that misuse of dowry laws (IPC 498A) and other women protected laws like Domestic violence Act now has become a well recognized problem in India. Increasing number of aged old parents in the husbands family are falsely accused and arrested and thrown out of their houses under these laws, and find them defenseless against legal terror unleashed thereafter. As per NCRB data 3500 senior citizens were falsely arrested merely on a false complaint of daughter-in-law.” said President of NFHS P Suresh.

“Over the years, various responsible agencies including Indian Judiciary has stressed on the need for amending these atrocious laws. The world health organization identified misuse of IPC 498A as the prominent reason for elder abuse in India” said General Secretary of NFHS M Mahesh.

A report on ”Elder abuse in India” by the United Nations, talks of dowry laws in India that girls are misusing to harass their aged, elder in-laws. Aged parents, after struggling lifelong and after discharging various duties and responsibilities such as education of the children, house, and marriage of the children wants a peaceful life in the old age. But as is found by various research reports by various NGO’s across India, they suffer the most in case the marriage of their son and daughter-in-law ends in dispute. Under the dreaded and dangerous IPC 498A the elderly parents of the husbands are immediately arrested and sent to prison, just on a written false complaint of the daughter-in-law. After a struggling life the elderly parents have to undergo the harrowing and humiliating experience of prison and police station.

“Why the aged old parents are immediately arrested just on the false complaint of daughter-in-law? Why the repeated pleas for amending these laws over the years by various NGOs and various courts are not being heard? Why are so many senior citizens being traumatized during the last leg of their lives?” NFHS activists have asked these uncomfortable questions to the Government.

IPC 498A has brought in large scale elder abuse. Apart from undergoing humiliation and harassment in the police station, courts etc and after running after the court for many years are acquitted. Such acquittal is meaningless as over the years these aged parents go through depression, disease, harassment, humiliation, torture etc.

Along with IPC 498A, Domestic Violence Act also has become a cause of worry for the innocent elders on whom false cases under these laws are being booked. Under the Domestic Violence Act, if a daughter-in-law gives a complaint to the magistrate then the entire family of the husband including his aged old parents is thrown out from the house and is forced to stay away from their own houses which they had built after years of struggle with their lifelong savings. In the name of protecting “a young married wife” senior citizens are abused and are humiliated by a system which is insensitive to the needs of elderly people.

Thoughtful points

  • As per NCRB data 3500 senior citizens were falsely arrested last year due to the misuse of 498A. It means every 2.5 hours one senior citizen is getting arrested.
  • On a false complaint under Domestic Violence Act, aged old parents are thrown out of their house.
  • In the last leg of the life when aged old parents need care and affection are humiliated, harassed and arrested.

Demands of the NFHS

  • Elderly, aged old senior citizens should not be arrested merely on a false complaint of daughter-in-law when there is no evidence and complaint is lodged with ulterior motives.
  • Just as a “young married wife” has right to stay in the house of the husband, similarly a law must be enacted for similar “right of residence” for parents.
  • A new law must be enacted on the lines of IPC 498A where on a complaint by elderly parents of husband, there must be provision to arrest daughter-in-law if she is found harassing aged old parents of husband. This proposed law must be non-bailable similar IPC 498A.
  • Government must make compulsory provisions of pension for elderly persons and make a new law for “right to live” which will guarantee minimum monthly allowances.

In case the complaint of the daughter-in-law against aged parents of the husband is found false then there must be provisions to punishment for daughter-in-law which will act as a deterrent against further misuse of law.

June 11, 2010

Wedlock should not become Deadlock

Filed under: Thoughts&Articles — Fighting Legal Terror @ 9:59 am

Wedlock should not become Deadlock

This is wrt the news article appearing in various news papers on 10-June-2010 wherein the Supreme Court has observed that “Husbands should forgot about their freedom”. This is a very insensitive remark from the highest court of this country. We at “National Family Harmony Society® NFHS strongly protest to treat husbands as free ATM machine who are punished in a failed marriage even if the wife is at fault.

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

This is a well known fact that divorces are on rise in India at an alarming rate due to the heavy misuse of “Gender biased laws” which is breaking the families. Most of the laws in India which were made by British Government prior to the Independence were designed in such a way that it will cause harassment and torture to the innocents and rarely gave justice to anyone.

In the context of Hindu marriage laws which were written long back needs urgent overhaul. This law was written at a time when divorce was rare and the social situation and circumstances were different. Now in a marriage at the drop of a hat women are rushing to the nearest police station to lodge a false complaint of “Dowry harassment” and “Domestic violence”.

The laws which are many decade old and have not kept pace with the changed social circumstances and situations. The law makers are completely unaware of the ground realities. The law implementers namely police are not trained to deal with matrimonial disputes. They approach the matrimonial disputes in the same way as they deal a pick pocket case or a murder case and are insensitive and incapable. The law interpreters namely judges who are expected to deliver justice are unable to see the changed times where a wife is adamant, aggressive and violent and are highly misusing the laws made for the needy such as Domestic violence Act and IPC 498A.

The husband and wife who are caught in the litigation and counter litigation and do not have a way out as the Supreme Court has recently observed that “Whenever a person is married, there is no question of independence”. By making the observations, the court revisited the remarks of the vacation bench of Justice Markandey Katju and Justice Verma of 2009 wherein it had said: “Do what the wife tells you and never question her authority”. Justice Katju had said: “If men want to rule their life then they should always be on the right side of their wife. Otherwise, a defiant husband’s life would be ruled by others.” He said that if the “wife says turn right, turn right and if she says turn left, then turn left”.

The above are highly insensitive remarks from the highest court of this country which considers husband to be a slave and free ATM machine. In this context the decision of the Union Cabinet on 10-June-2010 to approve Marriage Laws (Amendment) Bill, 2010 to further amend the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954, to provide therein irretrievable break down of marriage as a ground of divorce is laudable. It provides for a way out for the litigating couple and a glimmer of hope that “Wedlock should not become Deadlock”.

Jai Hind

P Suresh, President, Family Harmony Society

www.498a.org.in

www.family-harmony.org

June 10, 2010

Indian Justice System OR Indian Just-ice System

Filed under: Thoughts&Articles — Fighting Legal Terror @ 5:41 am

Indian Justice System OR Indian Just-ice System

Do we have Justice delivery system in place in our country? Does the Government know the ground realities? Does the Law minister know how much time it takes to get a final order from court (Anyway no one justice from courts) in this country. Well things might have remained the same way but thanks to the Bhopal Gas tragedy judgment, which got wide media attention across the country. I hope this judgment is enough to open the eyes of the Government about the ground reality. The justice delivery system in this country has collapsed. We at “National Family Harmony Society® NFHS are doing constant efforts to create awareness to impress upon the Government to let them know about the magnitude of the issue and for urgent Judicial reforms.

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Let us take the example of Family Court System. These special courts which were formed across the country to try the matrimonial related cases have done more harm to the litigant than good. The law is blind as well the people who are delivering it.

There are many loopholes in the system which one or the other litigant exploits it to their advantage. E.g. it is seen as trend that greedy estranged wives will implicate the husband and his entire family in the IPC 498A, popularly known as Dowry Law and then when the husband will put divorce application in the family court the estranged wife will oppose it. It is a matter of common sense that when the husband and his family went to the jail and the wife is seeking their jail term then how both of them stay together. In such situation and circumstances the best logical step is to grant divorce to both of them without trial but wives are making a mockery of justice by taking contradicted stand in both the cases.

Similarly in case of Domestic violence Act, the courts can pass Ex-Parte for residence in the husband’s house if she gives an application for residence in the court. As a matter of commonsense, if at all the husband was doing violence on the wife then how the wife be expected to continue in the same house?

I was attending my court date last month and a guy was sitting next to me. Out of curiosity, I asked him what is his case and he told me, seven years back while crossing the railway crossing his vehicle hit the railway gate and there was small damage (estimated at 2000/-) to the gate and the railway police had promptly put a FIR against him and over seven years he has been attending trial on every court date. Imagine the amount of money government has spent on his trial during the seven years and the amount of his productivity which has gone down the drain over these seven years. The logical step would have been he should have been tried in a fast track court with an option to him to tender apology and to recover the cost of damage to the railways. This is fair as he is not a habitual offender and the offence is neither intentional nor has endangered any one’s life. But we have a mechanical judicial system in place where the rules and procedures are more important than logic and justice.

Jai Hind

P Suresh, President, Family Harmony Society

www.498a.org.in

www.family-harmony.org

Governments hollow talks of “Women Empowerment”

Filed under: Thoughts&Articles — Fighting Legal Terror @ 2:56 am

Recently we all have been hearing loud noises from Government about the above mentioned subject with a flurry of activities in the name of “Women Empowerment”. We at “National Family Harmony Society®” NFHS wish to bring to the attention of all the stake holders of this nation that the kind of policies which Government is following in the name of “Women Empowerment” will eventually lead to breaking of age old tested concept of “Family” in India. It will generate more and more “Single Mothers” and “Fatherless Children”.
About National Family Harmony Society®: “National Family Harmony Society®” NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit www.family-harmony.org / www.498a.org.in.
“Women Empowerment” cannot happen by ignoring the welfare of Men. “Women Empowerment” cannot happen by curtailing the rights of Men. “Women Empowerment” cannot happen by creating more and more “Gender Biased” laws. “Women Empowerment” cannot happen by reserving 50% seats for women in Parliament and else.

Does Government want an “Empowered Women” who is divorced? Does Government want an “Empowered Women” who is separated from her husband? Does Government want an “Empowered Women” who is in litigation with her husband?
If we look at the recent trend then the policies of the Government is creating more and more “Empowered Women” who are educated, earning well, Working in MNCs but in litigation with her husband’s. This situation is created because the lawmakers have been playing “Vote Bank politics” from ages which have done no good for the country and society. From decades politicians of this country have played “Vote Bank politics”. Every political party has tried to divide this nation by playing the dirty “Vote Bank politics” in the name of Religion, Dalits, and Caste etc. Now when all these things have saturated they are playing the dirty politics of “Empowered Women” which is doing more harm to Women than good.

In the name of protecting Women, Government has created more and more Gender biased laws such as IPC 498A, Domestic violence Act, CrPC 125, Hindu Marriage Act etc which are more misused than used. Even the Honorable Supreme Court has in 2009 acknowledged that Hindu Marriage Act is breaking more families than uniting. As per NCRB data, in 2008, 37369 females were arrested under IPC 498A. It means every 14.07 minutes one innocent female is getting arrested in IPC 498A. So it is clear that even the “Gender biased” laws which were created by the Government are only doing more harm to Women.
This unfortunate situation is because the Lawmakers of this country have not understood the meaning of “Women Empowerment” and “Women”. Women do not mean only a “young married lady”. Most women related laws of this country are made only for “young married lady” and the Mothers and sisters of Husbands have been completely forgotten. While “young married lady” can file a complaint to the Magistrate under the “Domestic violence Act” the Mothers and Sisters of the Husband cannot file a similar complaint. Lawmakers need to understand that laws need to be “gender neutral” and not “gender biased”. And the lawmakers also need to understand that “Women Empowerment” will lead to breaking of families if the rights and welfare of Men are ignored.

Jai Hind
P Suresh,

President,

National Family Harmony Society

June 9, 2010

Governments hollow talks of “Women Empowerment”

Filed under: Thoughts&Articles — Fighting Legal Terror @ 11:21 am

Governments hollow talks of “Women Empowerment”

Recently we all have been hearing loud noises from Government about the above mentioned subject with a flurry of activities in the name of “Women Empowerment”. We at “National Family Harmony Society® NFHS wish to bring to the attention of all the stake holders of this nation that the kind of policies which Government is following in the name of “Women Empowerment” will eventually lead to breaking of age old tested concept of “Family” in India. It will generate more and more “Single Mothers” and “Fatherless Children”.

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

“Women Empowerment” cannot happen by ignoring the welfare of Men. “Women Empowerment” cannot happen by curtailing the rights of Men. “Women Empowerment” cannot happen by creating more and more “Gender Biased” laws. “Women Empowerment” cannot happen by reserving 50% seats for women in Parliament and else.

Does Government want an “Empowered Women” who is divorced? Does Government want an “Empowered Women” who is separated from her husband? Does Government want an “Empowered Women” who is in litigation with her husband?

If we look at the recent trend then the policies of the Government is creating more and more “Empowered Women” who are educated, earning well, Working in MNCs but in litigation with her husband’s. This situation is created because the lawmakers have been playing “Vote Bank politics” from ages which have done no good for the country and society. From decades politicians of this country have played “Vote Bank politics”. Every political party has tried to divide this nation by playing the dirty “Vote Bank politics” in the name of Religion, Dalits, and Caste etc. Now when all these things have saturated they are playing the dirty politics of “Empowered Women” which is doing more harm to Women than good.

In the name of protecting Women, Government has created more and more Gender biased laws such as IPC 498A, Domestic violence Act, CrPC 125, Hindu Marriage Act etc which are more misused than used. Even the Honorable Supreme Court has in 2009 acknowledged that Hindu Marriage Act is breaking more families than uniting. As per NCRB data, in 2008, 37369 females were arrested under IPC 498A. It means every 14.07 minutes one innocent female is getting arrested in IPC 498A. So it is clear that even the “Gender biased” laws which were created by the Government are only doing more harm to Women.

This unfortunate situation is because the Lawmakers of this country have not understood the meaning of “Women Empowerment” and “Women”. Women do not mean only a “young married lady”. Most women related laws of this country are made only for “young married lady” and the Mothers and sisters of Husbands have been completely forgotten. While “young married lady” can file a complaint to the Magistrate under the “Domestic violence Act” the Mothers and Sisters of the Husband cannot file a similar complaint. Lawmakers need to understand that laws need to be “gender neutral” and not “gender biased”. And the lawmakers also need to understand that “Women Empowerment” will lead to breaking of families if the rights and welfare of Men are ignored.

Jai Hind

P Suresh, President, Family Harmony Society

www.498a.org.in

www.family-harmony.org

Backlog of cases in Indian Courts: Statistics, Facts and Solution

Filed under: Thoughts&Articles — Fighting Legal Terror @ 11:20 am

Backlog of cases in Indian Courts: Statistics, Facts and Solution

About Family Harmony Society®: “Family Harmony Society® FHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Chief Justice of US Supreme Court John Marshall had once said:

“Power of Judiciary lies not in deciding cases, nor in Imposing sentences nor in punishing for contempt, but in the trust, faith and confidence of the common man”.

It is an accepted fact that a common man in India today has completely lost the trust, faith and confidence in the Judiciary due to the huge pile up of cases. While it is a known fact that the backlog of cases has reached to such an extent that once a person is a litigant then he is litigant for lifelong.

As per NDTV news dated 16th August 2009, below is the shocking statistics.

Number of case pending in various courts in India:

  • Supreme Court     : 52,000
  • High Courts          : 40 lakh
  • Trial Courts          : 2.7 crore

One proposal which is long pending with Government is Gram Nyayalayas (rural courts), which is expected to address this issue. These Gram Nyayalayas (rural courts) are aimed at providing inexpensive justice to the people in rural areas at their doorsteps. More than 5,000 courts are expected to be set up under the Act, for which the Central government will provide about Rs 1,400 crore to the states.

Going by official figures, the subordinate judiciary across the country has a backlog of 26.4 million cases, while the high courts have an arrear of 3.8 million. The Supreme Court had crossed the mark of 50,000 pending cases as of long back.

While addressing a day-long annual conference of the chief justices and the chief ministers of various states, Prime Minister attributed the backlog of cases partly to existing vacancies of judges in high courts and subordinate courts, Manmohan Singh also exhorted the chief justices of various high courts to take expeditious steps for filling up the vacancies at both levels.

He added that “vacancies at the subordinate level roughly comprise 20 to 25 percent of subordinate judicial posts. I am told that almost 3,000 posts of judges in the country are vacant because of delay in recruitment. All these vacant posts at the subordinate levels need to be filled up without any further loss of time.”

Singh also disclosed that on a recommendation by Chief Justice Balakrishnan, the union government had taken steps to establish 71 more special courts to adjudicate cases investigated by the Central Bureau of Investigation.

The High Court in New Delhi is so behind in its work that it could take up to 466 years to clear the enormous backlog, the court’s chief justice said in a damning report that illustrates the decrepitude of India’s judicial system. The Delhi High Court races through each case in an average of four minutes and 55 seconds but still has tens of thousands of cases pending, including upward of 600 that are more than 20 years old, according to the report.

The United Nations Development Program says some 20 million legal cases are pending in India.

“It’s a completely collapsed system,” said Prashant Bhushan, a well-known lawyer in New Delhi. “This country only lives under the illusion that there is a judicial system.”

One reason for the delays is that there aren’t enough sitting judges. India — a country of 1.1 billion people — has approximately 11 judges for every million people compared with roughly 110 per million in the United States. India’s Justice Ministry last year called for an increase of 50 judges per million people by 2013, but it was unclear how the government would pay for such a massive overhaul.

The Delhi High Court, the state’s top court, had 32 judges in 2007 and 2008 instead of the allotted 48, according to the chief justice’s annual report, released Tuesday.

The court had at least 629 civil cases and 17 criminal cases pending that were more than 20 years old as of March 2008. Although, that’s an improvement from April 2007 when the court had 882 civil and 428 criminal cases pending that were that old.

Hon’ble Shri Justice Asok Kumar Ganguly, a Supreme Court Judge, in his article titled “Judicial Reforms” published in Halsbury’s Law Monthly of November 2008 has suggested a few norms, which the judges and lawyers must agree to follow very rigorously, in order to liquidate the huge backlog.

The suggestions are quoted below:

[1] There must be full utilization of the court working hours. The judges must be punctual and lawyers must not be asking for adjournments, unless it is absolutely necessary. Grant of adjournment must be guided strictly by the provisions of Order 17 of the Civil Procedure Code.

[2] Many cases are filed on similar points and one judgment can decide a large number of cases. Such cases should be clubbed with the help of technology and used to dispose other such cases on a priority basis; this will substantially reduce the arrears. Similarly, old cases, many of which have become infructuous, can be separated and listed for hearing and their disposal normally will not take much time. Same is true for many interlocutory applications filed even after the main cases are disposed of. Such cases can be traced with the help of technology and disposed of very quickly.

[3] Judges must deliver judgments within a reasonable time and in that matter, the guidelines given by the apex court in the case of Anil Rai v. State of Bihar, (2001) 7 SCC 318 must be scrupulously observed, both in civil and criminal cases.

[4] Considering the staggering arrears, vacations in the higher judiciary must be curtailed by at least 10 to 15 days and the court working hours should be extended by at least half-anhour.

[5] Lawyers must curtail prolix and repetitive arguments and should supplement it by written notes. The length of the oral argument in any case should not exceed one hour and thirty minutes, unless the case involves complicated questions of law or interpretation of Constitution.

[6] Judgments must be clear and decisive and free from ambiguity, and should not generate further litigation. We must remember Lord Macaulay’s statement made about 150 years ago.

“Our principle is simply this – Uniformity when you can have it, Diversity when you must have it, In all cases, Certainty”

[7] Lawyers must not resort to strike under any circumstances and must follow the decision of the Constitution Bench of the Supreme Court in the case of Harish Uppal (Ex-Capt.) v. Union of India reported in (2003) 2 SCC 45.

Summary: The huge pendency of court cases in India can be brought down by a combination of using latest technology, Computerization of lower court records, establishing more fast track courts, reforms at village level, setting up Gram Nyayalayas, Increase of Court timings, Setting up of Morning and evening courts, filling up existing judges vacancies, more number of courts and judges, By strictly following case managements flows, Fixing timeframe for cases, Special courts for different subject matters etc. It requires a joint effort from all the stakeholders, the Government, Judiciary, executive, Bar councils and litigants to bring down the back long and reduce the years of a litigants.

But till the time it happens…Who is the loser and suffer? The litigant.

Suresh P, 9880141531

President, Family Harmony Society

www.498a.org.in / www.family-harmony.org

How the Gender biased laws in INDIA are breaking families

Filed under: Thoughts&Articles — Fighting Legal Terror @ 11:19 am

How the Gender biased laws in INDIA are breaking families

28May2010, Bangalore

A NGO, called Family Harmony Society held Seminar on 14-May-2010 on the eve of International Families Day in Bangalore to discuss the various threats faced by the Family in India, the consequences of systematic destruction of the Family, and what we need to do to check the alarming trend of rising number of divorces, single mothers, fatherless children, and disintegrated families.

“Family Harmony Society” FHShttp://www.498a.org.in is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.

The United Nations adopted 15 May as the International Day of Families in the year 1994. This day is meant to highlight the importance of the Family in the society. The logo of International Day of Families consists of a solid green circle depicting the society, with an image of a house and a heart in red in the centre. This symbolizes the fact that families are the centre and the heart of the society, and the society should nurture the Family which provides a stable and supporting home for people of all ages.

The much envied Indian family structure is, in fact, based on mutual tolerance and coexistence of persons belonging to different generations, and provides safety and security to individuals at all stages of life. The larger family also acts as a buffer to mitigate everyday stress and helps minimize conflicts between inexperienced married couples.

Today, marital interactions in India have been criminalized, so much so that upon the mere complaint of a married woman alleging cruelty or abuse, the husband and his family members are arrested and jailed, without evidence or investigation. Every year thousands of decent men and their family members are confronted with the shocking reality that today, being born a man, giving birth to a male child, or sharing a womb with one is a crime.

In India, marriage is a crime if you are a man, as there is not a single action a husband might do or not do that does not qualify as an offence, and cost not only him, but even his parents and siblings dearly. IPC Section 498A, Domestic Violence Act, Dowry Prohibition Act, and a slew of one-sided laws enshrined in the “Family Law”, are all designed to criminalize an ordinary law-abiding citizen. It is no surprise that the apex court of India observed that the Hindu Marriage Act is breaking more families than uniting, and that IPC Section 498a has unleashed “legal terrorism” in the country.

On the occasion of International Day of Families, Family Harmony Society passed a resolution to restore fairness in the family laws and their implementation, and also to stress on a Domestic Harmony Act, in place of all the family-breaking laws. A Joint Action Committee is formed comprising of all NGOs across the country working towards gender-neutral, family-friendly laws to draw up a detailed memorandum with our observations and recommendations to the Ministry of Law and Justice on all marriage and family-related laws including the Hindu Marriage Act, Special Marriage Act, Guardians and Wards Act, CrPC Section 125, Hindu Adoptions and Maintenance Act and Domestic Violence Act.

Indian Husbands are treated worst than “Ajmal Amir Kasab”

Filed under: Thoughts&Articles — Fighting Legal Terror @ 11:18 am

Indian Husbands are treated worst than “Ajmal Amir Kasab”

28May2010, Bangalore

A NGO FHS said that, Indian Husbands charged with biased matrimonial laws, made to deal with family disputes, between husband and wife, such as IPC 498A, CrPC 125, Domestic violence Act, Hindu Marriage Act etc, are treated worst than “Ajmal Amir Kasab”, Pakistani terrorist, who is charged with the deaths of 166 Indians and foreigners, has been pronounced guilty of all charges by a special court in Mumbai.

“Family Harmony Society” FHShttp://www.498a.org.in is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore.

Many people ask FHS activists why this NGO was formed and what is unique about you? “This NGO was formed in 2005 in Bangalore and is having presence in 16 states and in abroad too. We formed this NGO to protect and fight for the rights of the MEN. Everyone is concerned only about the rights of women but the society and Governments has forgotten about MEN’s right” Said Suresh P, who is President of the NGO.

“When there is a ministry for even animal (Animal Husbandry Ministry) why not for MEN?” asks FHS General Secretary M Mahesh and demands a ‘MEN’s welfare ministry’.

“In case of matrimonial disputes between husband and wife, all the related laws are made heavily in favor of estranged wife, giving no chance to husbands or his parents to defend. Why husbands are treated worst than criminals and terrorist?” asked PRO of FHS Raghvendra.

Ajmal Amir Kasab was provided with free Government advocate and even though everyone knew he is guilty, enormous amount of resource of Government and Judiciary was wasted for his trial, but in case of matrimonial disputes when an estranged wife file a false complaint under IPC 498A, all the members of the husbands including females members like mother-in-law, sister-in-law and age old grandfather, grandmother are immediately arrested and sent to jail. Even minor children are not spared. What crime we have done? Are we worst than Ajmal Amir Kasab that without proving any charges we are arrested and sent to jail? Why each and every failed marriage is branded as Dowry case? Why each and every wife’s death is converted to dowry death case without an iota of proof and evidenceFHS activists Umesh G, has asked these uncomfortable questions to the Government?

The NGO is fighting for gender equality and a ministry for “MEN welfare”. It is asking to make a provision for Men to complaint for domestic violence, to bring 498a under civil law, to make 498a bailable. The members of the NGO say that “No arrest should be done before proper investigation” and “age old parent and children must not be arrested”. They also demand to dispose divorce and child custody cases within 1 year.

An open letter to Honorable Law Minister Shri Veerappa Moily

Filed under: Thoughts&Articles — Fighting Legal Terror @ 11:16 am

An open letter to Honorable Law Minister Shri Veerappa Moily-Bhopal Gas Verdict from Family Harmony Society®

 

About Family Harmony Society®: “Family Harmony Society® FHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

 

Honorable Law Minister,

This is wrt the judgment delivered in the Union Carbide tragedy case in which more than 15000 people died.

 

People died: 15000

 

Years of trial: 26 years

 

Punishment: Two years in prison for causing death due to negligence

 

Status: all released on bail

A meaningless judgment which gives no justice to victims rather than the end result puts salt on the wound of the harassed and tortured victims. Indian judiciary is designed in such a way that it will torture both (falsely accused persons and needy victims)

On behalf of “Family Harmony Society® I take this opportunity to ask Law Minister, Where are the much talked about judicial reforms? If the trial of a case, where 15000 people died and which attracted worldwide attention, takes 26 years then you can imagine the plight of the ordinary citizens of this country.

Sir, we have heard many news through the media in which they have quoted you as saying below.

  • Divorce cases will be completed in one year. Sir you yourself are a lawyer. For your information, In Bangalore Family court more than 15000 cases are pending trial. A typical case of divorce takes 5-6 years in the trial court then obviously the party who lose case goes to High court then Supreme Court. By the time divorce is granted both the parties are at the verge of dying. The only reason I to court for my cases on “my date” is to get “next date”. I console myself in the court hall after looking at hundreds of people who are also waiting there to get “next date”. Only work which our courts are doing is to give “next date”. Even most of the time the arguments which are happening in the court is wrt to what should be the “next date”? Judges are so much overloaded with cases that they are struggling to even give “next date” as both parties normally do high pitch arguments to get “next date” which is suitable to them.

 

  • We heard through the media that 5000 cores have been allocated for judicial reforms to finish all cases by 2012. I am running around the corridors of court from 2006 and I can only see that crowd of litigants in the corridors of court is increasing much faster than even “Kumbh Mela” crowd. The crowd in the corridors of the court is swelling so fast that soon time will come when we need to keep fire tenders, water tanks etc ready in the court premises in case of any stampede like situation. The scene inside the Magistrate Court’s is so pathetic that Litigants feel Jail is a better place than running around the corridors of the court. We have been hearing very frequently that accused are throwing sleepers at the Judges. I feel all this is due the frustration due to an insensitive and rotten system.

 

  • We also heard that you had said child custody cases will be finished in 6 months. Sir for your information by the time notice is issued and the opposite party file objection itself more than 6 month happens in Bangalore. We file child custody application for our “minor” children and by the time the lower court decides the matter and then high court and then Supreme Court, our children becomes “major” are of marriageable age and the “Child Custody” application becomes meaningless. We struggle long years to get some order wrt the visitation but by the time order is passed our children would have forgotten us.

 

  • We also heard through the media that you have promised to make all the existing laws in the country to be “Gender Neutral” but we are also hearing through the media about the proposed “Sexual harassment bill” where only a women can file a complaint. I also filed a RTI application seeking certain information from your ministry but did not receive any reply. And Sir, what about the Domestic Violence Act where only “a young married wife” can file a complaint. I hope you will fulfill your promise and make Domestic Violence Act “Gender Neutral”.

 

As per Supreme Court website below are the shocking statistics.

Number of case pending in various courts in India:

  • Supreme Court     : 55,791
  • High Courts           : 40,49,649
  • Trial Courts           : 2,72,38,782

These numbers are increasing at a very healthy rate.

As per a report from Delhi High court, it is so behind in its work that it could take up to 466 years to clear the enormous backlog. As an ordinary citizen of this country I feel now time has come to for the Law Ministry to stop making any fresh “Promise” rather now the time is to implement the past “Promises”. I wrote this open letter to remind you of the past promises and also the sufferings and harassment of litigants. The Bhopal Gas victims have only received Humiliation, injustice, harassment and torture due to our inefficient judiciary. I hope that this case will act as a catalyst for your ministry to stop making any further “Promise” before completing past “Promise”.

Jai Hind

With Profound Respect

Suresh P

President, Family Harmony Society

www.498a.org.in / www.family-harmony.org

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