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Monday, 26 August 2013

Indian men treated as Collateral Damage

Collateral Damage is what I begin to feel can best describe the situation for treatment of men in India, after watching a discussion by parliamentarians. The Indian parliament passed a bill that would amend the Hindu Marriage Law introducing new grounds of divorce under a situation described as “Irretrievable Breakdown of Marriage.” Needless to say it is heavily loaded against men and is being passed on as “social justice.”
India had a hierarchical caste system, wherein the lower castes were denied certain opportunities, while the higher castes carried certain responsibilities and enjoyed liberties. In some ways, when the question of emancipation of the neglected came, it was found justifiable that sharing the limited resources by denying rights to one section and handing it over to another was social justice.
Later another form of social justice came up. This time with the baggage of a false notion of “patriarchy,” India was convinced that women have been deprived of rights and they need empowerment. Although, the definition of women remained, and even now remains only restricted to, being a wife. Any other role of woman in a household -mothers and sisters of a husband- does not evoke the same emotions due to some convoluted perception of a marital set-up by feminists and their backers.
Laws after laws are being created, which are being called pro-women, but in reality are only anti-men. When the flaws in these laws are highlighted the arguments usually end-up with mentioning of the historical disadvantage that women have had in India. Misandry like a hydra-headed monster rises in all of its forms. Somehow, it has become acceptable to unnecessarily punish the men of today to try to salvage the situation of women.
The men of my generation have begun to wonder if they are being used as fodder, so that the proponents of social justice could counter the sense of guilt in their hearts. Every politician we meet says he understands we are being discriminated against. Every person agreed that the law being framed for Irretrievable Breakdown of Marriage was biased against men. Most tried to explain to us how the society in general is going through a transitional phase and ‘some’ men will suffer until equilibrium is attained. Never mind that they want to dismiss the facts about the ‘some’ men being a humungous number of 65000 married men committing suicide every year in India. The urge for the soothsayers to live in denial, makes them forget that the figure means every 7 minutes a married man commits suicide in India.
They can continue to become reason for someone’s death. But we refuse to become ‘Collateral Damage’ in their process of attaining self-satisfaction to achieve some irrational form of social justice. The Men’s rights movement in India is only getting stronger and it reflects in today’s discussion on the amendment to the marriage law in Rajya Sabha – the upper house of parliament. The discussion on this law has been another landmark for men’s rights in India, with many members from opposition regional political parties voicing the agenda of men’s rights in parliament which will go on record in the annals of history. The Law Minister had to misinform the house, at certain points to gain support, for e.g. he said the bill is gender neutral, when he knows it is not – a husband cannot oppose a petition filed by a wife, property(self-acquired before or after marriage, inherited and also inheritable) of only the husband is considered for division. The statements will be well documented in the records. History will judge that the people who brought this law were on the wrong side of justice.
The discussion has been storified here http://storify.com/antidespondent/irretrievable-breakdown-of-marriage-discussion-in
The only fear is the passage of this law, should not accelerate the numbers of suicides by men, who might feel there is no hope of help from the society. Thereby lies, the next challenge for the men’s rights activists in India, to continue reaching out to a populace of 500 million men.
 
 
http://www.avoiceformen.com/mens-rights/indian-men-treated-as-collateral-damage/ 

Om Puri faces arrest, booked for 'assaulting' wife

The Versova police booked actor Om Puri for allegedly assaulting his wife at his residence in Andheri (west) on August 22. The case was registered after the actor’s wife Nandita approached the police to press charges against him.

The incident allegedly took place at Puri's apartment in Sushil building located at Seven Bungalows in Versova, Andheri.
Om Puri "Nandita approached us on Thursday with a complaint against her husband. She told us that Puri assaulted her with a wooden stick. We have registered a case against Puri," said Harishchandra Parmane, senior inspector at Versova police station.
Nandita told the police that she had a fight with Puri over the maintenance of the flat following which he hit her with the wooden stick. The police said that they are investigating the matter to ascertain what exactly led to the incident.
Puri has been booked under sections 324 (punishment for causing hurt by dangerous means), 504 and 506 for criminal intimidation of the Indian Penal Code. No arrest has been made so far.
"Om Puri is busy in a shoot. He has returned to the city today (Monday) from Kolkata, where he had gone to attend the TATA memorial function on the weekend. The police have not approached us yet and he has not been summoned. He would not like to comment over the incident as of now," Puri's spokesperson told Hindustan Times.
http://www.hindustantimes.com/Punjab/Chandigarh/Actor-Om-Puri-faces-arrest-booked-for-assaulting-wife/SP-Article1-1113246.aspx?hts0021

RS approves bill to make divorce friendly for women

The Bill allows both parties to file for divorce on the ground of "irretrievable breakdown" of marriage.

Rajya Sabha on Monday approved a proposal to make divorce friendly for women as it provides for the wife getting share in the husband’s immovable property after “irretrievable breakdown” of marriage.
The Marriage Laws (Amendment) Bill seeks to empower the courts to decide the compensation amount from the husband’s inherited and inheritable property for the wife and children once the marriage legally ends.
The Bill allows both parties to file for divorce on the ground of “irretrievable breakdown” of marriage. Both parties have to live apart for at least three years before filing for such a petition.
Provisions have been made to restrict grant of a decree of divorce on ground of “irretrievable breakdown” of marriage if the court is satisfied that adequate provision for maintenance of children has not been made consistently with financial capacity of the parties to the marriage.
Also, the wife has the right to oppose the grant of a divorce on the ground that the dissolution could result in grave financial hardship.
Replying to a debate on the bill, Law Minister Kapil Sibal said it is “a historic peace of legislation” in a patriarchal society like India where women, who constitute 50 per cent of the population, own only two per cent of the assets.
He said the divorce is “gender neutral” as either the wife or the husband can seek divorce. However, the right over property will not be gender neutral as wife can lay claim on husband’s immovable property.
The Bill also provides that a court can take an ex parte decision on granting divorce if one of the two parties refuse to move a joint application.
As per the existing laws, the parties have to move a motion jointly between 6 and 18 months in case of divorce on grounds of mutual consent.
However, it has been observed that in several cases one of the parties do not turn up for filing of motion jointly with the other party leading the party desirous of divorce hapless and remediless.
The amendment has been done to mitigate such hardships, said the statement of objects and reasons of the Bill.
During discussions, several MPs across party lines suggested the Bill be made gender neutral and should not be confined to Hindu marriages only.
The Bill seeks to amend Hindu Marriage Act, 1955 and the Special Marriage Act, 1954.
Mr. Sibal, however, noted that the legislation is in context of Hindu Marriage Act and the Special Marriage Act, a couple has a choice to get registered under the Special Marriage Act.
He said it would be the courts that would decided about the division of property post divorce.
“We have to trust our judges...Judges...will decide what (amount of) property will given to women,” he said.
The Minister, however, said there was no amendment which works against women and works in favour of men.
He said the Members of Parliament should show that they are on side of women in a patriarchal society.
Earlier, Najma A. Heptulla (BJP) said divorce is considered a taboo in India and efforts should be made to ensure that family structure remains intact.
She accused the government of not doing anything for the 10 crore women belonging to Muslim community. She promised BJP’s support to any legislation for betterment of Muslim women.
She also said there should be only one law for all women in the country.
As per the statement of objects and reasons of the bill, Hindu Marriage Act and the Special Marriage Act have proved to be inadequate to deal with the issue where there has been irretrievable breakdown of marriage and therefore the need was felt for the amendments.
Supreme Court too had pointed out the necessity to introduce irretrievable breakdown of marriage and mutual consent as grounds for grant of divorce in all cases.
“Having regards to the recommendations of the Law Commission of India and the observation of the Hon’ble Supreme Court...it is proposed to amend the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, so as to provide for irretrievable breakdown of marriage as a ground of divorce thereunder subject to certain safeguards to the wife and affected children,” the statement said.
The Law Minister said husbands too can move courts for irretrievable breakdown of marriage.
Ram Prakash (Cong), Narendra Kumar Kashyap (BSP), Jharna Das Baidya (CPI-M), Derek O’ Brien (TMC), Arvind Kumar Singh (SP), Renubala Pradhan (BJD), Vandana Chavan (NCP), Bharatkumar Raut (SS) and Gyan Prakash Pilania (BJP) also participated in the discussion. 


Marriage amendment bill 2010

PURUSHAVAKASA SAMRAKSHANA SAMITHI


Men's right group protests against 'discriminatory' proposed marriage law


A men's rights group on Sunday took out a rally protesting against the proposed Marriage Laws (Amendment) Bill, 2002, alleging it would breakdown the traditional family system by introducing no-fault divorce and was heavily loaded against the husband.
"Similar laws in the west have led to breakdown of the traditional family system. In the US, while only 20 per cent of couples who married in 1950 ended up divorced, about 50 per cent of couples who married in 1970 did so after the no-fault divorce came into being," said Hriday spokesperson Anil Gupta.
He said as per the proposed legislation, which has received the nod from the cabinet, a wife can walk out of the marriage on her sweet will.

http://ibnlive.in.com/news/mens-right-group-protests-against-discriminatory-proposed-marriage-law/417184-3.html

Consensual sex with minor not a crime, Delhi court says

NEW DELHI: A city court has observed that consensual sex with a girl aged below 18 years does not constitute an offence under the Protection of Children from Sexual Offences (POCSO) Act.

The court said the provisions of POCSO Act suggest that where a physical relationship — which is not in the nature of an assault — takes place with the minor girl's consent and where the consent has not been obtained unlawfully, no offence can be said to have been committed.

Rejecting the plea of the police and Delhi Commission for Women that POCSO Act prohibits minors from having any kind sexual relationship, additional sessions judge Dharmesh Sharma said, "I am afraid if that interpretation is allowed, it would mean that the human body of every individual under 18 years is the property of the state and no individual below 18 years can be allowed to have pleasures associated with one's body."

ASJ Sharma, however, urged state authorities to spread awareness related to unsafe sex or early marriage. "But there lies a greater responsibility on all of us, the state including police in spreading and creating public awareness about the impact of girl or boy marrying at a tender age or indulging in unsafe sexual activities," he said.

The court made these observations while acquitting a 22-year-old youth of charges of kidnapping and raping a 15-year-old girl whom he later married. The youth, a native of West Bengal, was acquitted of the charges as the court held that the minor, on her own will, accompanied him and obstacles should not be put in their happy married life.

"As the evidence indicates, they got married voluntarily with their free consent. Hence no case is made out under section 363 (kidnapping) and 366 (kidnapping or inducing woman to compel her marriage) of the IPC," the court said.

"In my opinion, it would neither serve the object of present enactment (POCSO Act) nor the purpose of criminal laws to hold the accused guilty on the ground that he had sexual intercourse with the girl below 18 years," the judge said, adding that it would not be good for the girl if her husband was sent to jail. The POCSO Act treats girls and boys below 18 years of age as minors.

"It is high time that state authorities, its machinery, NGOs and women groups made a determined and sustained endeavour to reach out to all in schools, colleges and residential places, thereby creating public awareness on various aspects of life in case of marriage at a tender age... besides creating awareness amongst adolescents and young adults about the serious psychological and physical health issues that such a relation entails," the court observed.

According to the prosecution, a complaint was filed before the police on March 5 by the minor girl's mother about her daughter going missing since February 26.

The accused was arrested on March 6 and the girl was also recovered from his custody, it said. The girl, in her statement recorded before a magistrate, said she had willingly gone with the accused to his native place in Kolkata and they got married in a temple there and since then they have been living together.

During the trial, the youth told the court that the girl had accompanied him to Kolkata on her own and they got married there but he denied having physical relations with her. The court also noted that the marriage was accepted by the girl's mother.
 http://timesofindia.indiatimes.com/city/delhi/Consensual-sex-with-minor-not-a-crime-Delhi-court-says/articleshow/22056783.cms 

Rajya Sabha passes marriage laws amendment bill

New Delhi, Aug 26 (IANS) The Rajya Sabha Monday passed a bill to amend marriage laws which seeks to provide for irretrievable breakdown of marriage as a ground for divorce, subject to certain safeguards to the wife and affected children.
The Marriage Laws (Amendment) Bill, 2010 was passed by voice vote. It seeks to amend the Hindu Marriage Act 1955 and the Special Marriages Act, 1954.
Replying to the brief debate, Law Minister Kapil Sibal said there was need to protect women's rights as the society was still patriarchal.
"So let's be clear. Legislations are a message that MPs are on the side of women in a patriarchal society. With this intent we bring this bill," he said.
Speaking on the amendments, Sibal said the share of wife in husband's self-acquired property will be decided by court. He said the wife also has a share in the movable property of her husband.
He said the wife does not have share in inherited property but its value will be taken into account while fixing the amount of alimony to her.
He said either husband or wife can cite irretrievable breakdown of marriage as a ground of divorce.
There have been concerns that provisions of earlier marriage acts were inadequate in cases of irretrievable breakdown of marriage.

http://www.newstrackindia.com/newsdetails/2013/08/26/340--Rajya-Sabha-passes-marriage-laws-amendment-bill-.html