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Showing posts with label biased. Show all posts
Showing posts with label biased. Show all posts

Friday, 5 July 2013

Male Victims of Domestic Abuse Continue to Suffer in Silence

Male Victims of Domestic Abuse Continue to Suffer in Silence

Last week, on the eve of becoming homeless as his house passed into its new owner’s hands, Earl Silverman of northeast Calgary hanged himself in his garage.
Silverman briefly hit the news a month ago, when he closed his Men’s Alternate Safe House (MASH), the only privately funded shelter for male victims of domestic violence in Canada, for lack of funds. For three years, MASH had temporarily housed about 20 men and a few children.
As I wrote in a March 27 column, “This story did not light up the switchboards, metaphorically speaking, of the media and government ministries.” The fact that men suffering from abuse now had exactly nowhere in Canada to turn for publicly funded shelter was the catalyst for a cavernous collective yawn — and exactly one letter to the Post editor, scolding men for their failure to become activists in their own behalf as women did.
The letter-writer had a point; men do tend to suffer in solitude rather than join forces to ask for help. As a result, abused are now where abused women were in the 1970s, before government swung into action to help. The problem of male abuse by their intimate partners has been “outed,” but there is no public system to deal with it.

So it would have been nice if somebody had written in to deplore the disparity in treatment between female and male victims of domestic abuse. For the silence on the letters page spoke volumes on the stubbornly persisting public perception that only women are victims of domestic violence, or that when men suffer abuse, they provoked it or deserve it.
The well-documented fact is that 25% of domestic violence is perpetrated by women against men who did not provoke it. Arrest statistics don’t reflect that reality, since men are routinely arrested in domestic disputes, no matter who provoked or did the most damage.
Explaining why he started MASH, Earl said: “When I went into the community looking for some support services [to deal with my wife’s abuse], I couldn’t find any. There were a lot for women, and the only programs for men were for anger management. As a victim, I was re-victimized by having these services telling me that I wasn’t a victim, but a perpetrator.”
Earl Silverman’s suicidal despair may have had some of its roots in personal psychological issues unconnected to a system that overtly excluded him. Warm and outgoing by nature, he smoked and drank too much. But then most suicides are due to a combination of internal and external factors. Some of the young girls who have recently committed suicide were known to be psychologically fragile; contributing factors like “slut-shaming” seem to be what pushed them over the edge. They have certainly had our full attention and sympathy.
The question is: would eliminating the contributing factors have permitted these girls – and Earl Silverman – to find life worth living? We believe so. We’re hell-bent on eliminating the contributing factors to those girls’ deaths, as well we should be. Male suicides vastly outnumber female suicides. We could and should also be looking at public policies that would prevent what we know to be contributing factors in the suicide of Earl Silverman and other desperate men before him.
According to a friend, “[Earl] believed very much in fairness and justice and he was just staggered, constantly, that …something so simple and so logical as gender rights and equality would be so impossible to access for so many people.” His four-page suicide note urged changes in the system. In other words, his suicide was in part an act of political martyrdom.
It’s an easy fix to honour Earl’s last wish: Acknowledge the reality that men suffer from their intimate partners’ violence almost as frequently as women do, and almost as consequentially. Offer funded shelter and counselling to both men and women who need it. And while we’re at it, offer funded anger management to women who need it — there are many — as well as to men. We will then see male suicide rates go down. It’s that simple. If we care.
Barbara Kay
National Post
bkay@videotron.ca

http://www.f4e.com.au/blog/2013/07/03/male-victims-of-domestic-abuse-continue-to-suffer-in-silence/

he Supreme Court recently applied the gender equality note when a husband was seeking divorce. It asked if it would have granted divorce to a woman from her husband, who on developing some mental disorder had become completely dependent on her, if she promised a huge sum as permanent alimony.


The Indian media hailed the judgment as another landmark citing gender equality. The question that remains to be answered is: would the Indian SC or any such court in India apply the same gender equality note when a husband complains of domestic abuse including emotional, financial or physical abuse at the hands of the wife or female partner?
Not likely in my opinion. Because the whole concept of gender quality in India is used by courts only when it benefits women in general and not men. Take the recent spate of rape cases being filed all over Indian where women allege rape on men when a consensual relation between them breaks down and marriage does not take place. In most cases, it is alleged that the man and woman had consensual physical relations and that man did not keep his promise of getting married to the woman. Police and courts accept such cases, the media highlight them and Indian rape statistics increase for no reason.
However, can a man also file a rape case against a woman if she decides to break a relationship after entering into a consensual physical relationship? Will the same Supreme Court then have applied the same gender equality note?
Now, let us come to more serious issue of domestic violence. It is a fact that over 65000 husbands are driven to suicide every year, compared to only 35000 wives. This is a statistical fact taken out of NCRB statistics and cited by various surveys and news reports.
While over 13 civil and criminal laws exist to protect wives from abusive husbands, the latter in India are not protected from domestic violence or matrimonial abuse from wives. Revisiting the Supreme Court’s approach of gender equality note all husbands must also be allowed to file domestic violence cases because the court would have allowed a wife to file the same if she had been abused.
The fundamental fact of the matter is that what’s bad for the goose is bad for the gander, but not in India where different standards are openly applied to the goose and the gander. Using words like "gender equality" when it comes to benefitting  women and "positive discrimination" when it comes to denying access to laws and the legal system to abused men, the Indian Judicial system is only denigrating its status amongst its citizens and making a mockery of itself.
Our legal system should instead come clean and openly announce the different standards that it applies to men and women so that men are under no false impression that the courts would think with a gender equality note if they approach them with a prayer. So much for gender equality!
- See more at: http://www.merinews.com/article/why-does-supreme-court-apply-gender-equality-only-one-way/15887535.shtml#sthash.g1kLEp6d.dpuf
he Supreme Court recently applied the gender equality note when a husband was seeking divorce. It asked if it would have granted divorce to a woman from her husband, who on developing some mental disorder had become completely dependent on her, if she promised a huge sum as permanent alimony.


The Indian media hailed the judgment as another landmark citing gender equality. The question that remains to be answered is: would the Indian SC or any such court in India apply the same gender equality note when a husband complains of domestic abuse including emotional, financial or physical abuse at the hands of the wife or female partner?
Not likely in my opinion. Because the whole concept of gender quality in India is used by courts only when it benefits women in general and not men. Take the recent spate of rape cases being filed all over Indian where women allege rape on men when a consensual relation between them breaks down and marriage does not take place. In most cases, it is alleged that the man and woman had consensual physical relations and that man did not keep his promise of getting married to the woman. Police and courts accept such cases, the media highlight them and Indian rape statistics increase for no reason.
However, can a man also file a rape case against a woman if she decides to break a relationship after entering into a consensual physical relationship? Will the same Supreme Court then have applied the same gender equality note?
Now, let us come to more serious issue of domestic violence. It is a fact that over 65000 husbands are driven to suicide every year, compared to only 35000 wives. This is a statistical fact taken out of NCRB statistics and cited by various surveys and news reports.
While over 13 civil and criminal laws exist to protect wives from abusive husbands, the latter in India are not protected from domestic violence or matrimonial abuse from wives. Revisiting the Supreme Court’s approach of gender equality note all husbands must also be allowed to file domestic violence cases because the court would have allowed a wife to file the same if she had been abused.
The fundamental fact of the matter is that what’s bad for the goose is bad for the gander, but not in India where different standards are openly applied to the goose and the gander. Using words like "gender equality" when it comes to benefitting  women and "positive discrimination" when it comes to denying access to laws and the legal system to abused men, the Indian Judicial system is only denigrating its status amongst its citizens and making a mockery of itself.
Our legal system should instead come clean and openly announce the different standards that it applies to men and women so that men are under no false impression that the courts would think with a gender equality note if they approach them with a prayer. So much for gender equality!
- See more at: http://www.merinews.com/article/why-does-supreme-court-apply-gender-equality-only-one-way/15887535.shtml#sthash.g1kLEp6d.dpuf
he Supreme Court recently applied the gender equality note when a husband was seeking divorce. It asked if it would have granted divorce to a woman from her husband, who on developing some mental disorder had become completely dependent on her, if she promised a huge sum as permanent alimony.


The Indian media hailed the judgment as another landmark citing gender equality. The question that remains to be answered is: would the Indian SC or any such court in India apply the same gender equality note when a husband complains of domestic abuse including emotional, financial or physical abuse at the hands of the wife or female partner?
Not likely in my opinion. Because the whole concept of gender quality in India is used by courts only when it benefits women in general and not men. Take the recent spate of rape cases being filed all over Indian where women allege rape on men when a consensual relation between them breaks down and marriage does not take place. In most cases, it is alleged that the man and woman had consensual physical relations and that man did not keep his promise of getting married to the woman. Police and courts accept such cases, the media highlight them and Indian rape statistics increase for no reason.
However, can a man also file a rape case against a woman if she decides to break a relationship after entering into a consensual physical relationship? Will the same Supreme Court then have applied the same gender equality note?
Now, let us come to more serious issue of domestic violence. It is a fact that over 65000 husbands are driven to suicide every year, compared to only 35000 wives. This is a statistical fact taken out of NCRB statistics and cited by various surveys and news reports.
While over 13 civil and criminal laws exist to protect wives from abusive husbands, the latter in India are not protected from domestic violence or matrimonial abuse from wives. Revisiting the Supreme Court’s approach of gender equality note all husbands must also be allowed to file domestic violence cases because the court would have allowed a wife to file the same if she had been abused.
The fundamental fact of the matter is that what’s bad for the goose is bad for the gander, but not in India where different standards are openly applied to the goose and the gander. Using words like "gender equality" when it comes to benefitting  women and "positive discrimination" when it comes to denying access to laws and the legal system to abused men, the Indian Judicial system is only denigrating its status amongst its citizens and making a mockery of itself.
Our legal system should instead come clean and openly announce the different standards that it applies to men and women so that men are under no false impression that the courts would think with a gender equality note if they approach them with a prayer. So much for gender equality!
- See more at: http://www.merinews.com/article/why-does-supreme-court-apply-gender-equality-only-one-way/15887535.shtml#sthash.g1kLEp6d.dpuf

Wednesday, 3 July 2013

What if you're in her shoes, SC asks rejecting man's divorce plea

What if you're in her shoes, SC asks rejecting man's divorce plea

New Delhi: A man's plea for divorce on the grounds that their marriage is beyond salvage and that he will pay a substantial alimony to his wife has been dismissed by the Supreme Court saying that the husband would have never accepted dissolution of matrimonial ties had the wife raised identical reasons.
The court made the observation while rejecting the plea for divorce by the husband who had contended that though his wife's mental condition was normal, they have been separated for over 12 years and as such their marriage has irretrievably broken down. Also he said that he is willing to pay his wife any amount determined by the court as alimony.
A bench of justices P. Sathasivam and J.S. Khehar said he cannot be granted divorce "for the simple reason that the breakdown is only from the side of the husband" while the wife has consistently maintained that her paramount desire was to rejoin her husband."
"We would in our endeavour to determine the issue in hand examine the matter by reversing roles of the parties. We will examine the matter as if the wife had approached the Family Court seeking divorce on the ground that her husband had suffered brain damage leading to cognitive deficiencies.
"Yet, despite the said deficiencies, his working memory had returned to ‘near normal’ after treatment. "And his mental condition was such, that it would not have any effect on his matrimonial obligations. And the wife's family is agreeable to pay an amount to be determined by this court, so as to enable their daughter to break away, and find a more suitable match.
"Should she have been granted freedom from her matrimonial ties, in the given facts, in order to do complete justice to the parties? We would ask ourselves, whether the husband would have accepted such a plea...?" The court said, "In such situation, if this Court had, in exercise of its jurisdiction under Article 142 of the Constitution of India, granted compensation to the husband and had dissolved his marriage on the pretext of doing complete justice between the parties, would the same be acceptable to the husband? "We have no doubt in our mind, that on a reversal of roles, the husband, without any fault of his own, would have never accepted as just, the dissolution of his matrimonial ties, even if the couple had been separated for a duration, as is the case in hand," the bench said.
It also said the medical condition of the wife, on which the man had based his claim for divorce, was "of his own doing."
The apex court's order came on the appeal by the husband, who had challenged the decision of the Family court in Hyderabad and the Andhra Pradesh High Court which had rejected his plea for divorce from his wife.
The couple were married in 1997 when they were barely out of their teens.
After his wife's second pregnancy resulted in her suffering some mental disorder due to medical complications, he had moved the Family court in 2002 seeking divorce on the ground that she was not mentally sound.
The trial court had refused to grant him any relief saying that apart from his and his family's contentions that she had not recovered, there was no other evidence to support their claim.
The court also noted that as per medical professionals who had examined her, the woman's mental condition was found to be ‘normal’ and also that she was capable of discharging her marital obligations.
The high court had upheld the view of the trial court, and he had moved the apex court. He had contended before the apex court that they have been separated for over 12 years, their marriage is beyond salvage and as he is willing to pay a court determined amount as alimony, their marriage should be dissolved.
The apex court while refusing to grant him relief noted that "we cannot persuade ourselves to grant a decree of divorce, on the ground of irretrievable breakdown of marriage, for the simple reason that the breakdown is only from the side of the husband. The wife has consistently maintained, that she was intensely concerned with her future relationship with her husband, and that, her greatest and paramount desire was to rejoin her husband."
The bench also said that it was the husband himself who was ‘responsible for the state of affairs of his wife’.
 
 

Tuesday, 2 July 2013

SC strikes gender equality note in grant of divorce

SC strikes gender equality note in grant of divorce


NEW DELHI: Irretrievable breakdown of marriage, coupled with promise of large amount of money as permanent alimony, has been cited by rich and powerful men to seek divorce from their wives when all was not well in the marital relationship.

Striking a gender equality note, the Supreme Court on Monday turned the tables and asked whether it would have granted divorce to a woman from her husband, who on developing some mental disorder had become completely dependent on her, if she promised a huge sum as permanent alimony.

The case related to Darshan Gupta and Radhika Gupta, who married when they were barely out of their teens in 1997. Radhika's first pregnancy was terminated due to medical reasons. The second pregnancy was again a very complicated one and the child had to be delivered through Caesarian section. She remained unconscious for a long time and developed serious mental disorder. The child died eight days after birth.

Though she was treated in reputed hospitals, she allegedly remained mentally ill. The husband claimed separation from her since 2002, breakdown of marriage and offered a large sum of money as permanent alimony to seek termination of marriage.

A bench of Justices P Sathasivam and J S Khehar rejected the husband's plea and wondered whether a similar request by a woman would have been entertained by the apex court for grant of divorce from a husband who developed some mental disorder.

"In the context of doing justice, it was suggested that the appellant (husband) would be ready and willing to pay the respondent (wife) whatever was considered appropriate by the Supreme Court. We are informed that the appellant is financially well to do," the bench said.

"We would, in our endeavour to determine the issue in hand, examine the matter by reversing the roles of the parties. We will examine the matter as if the wife had approached the family court seeking divorce, on the ground that her husband had suffered brain damage leading to cognitive deficiencies. Yet, despite the said deficiencies, his working memory had returned to 'near normal' after treatment. And his mental condition was such that it would not have any effect on his matrimonial obligations," the bench added.

"And the wife's family is agreeable to pay an amount to be determined by this court (just as the husband Darshan Gupta has offered), so as to enable their daughter to break away and find a more suitable match. Should she have been granted freedom from her matrimonial ties, in the given facts, in order to do complete justice to the parties? We would ask ourselves whether the husband would have accepted such a plea, in the facts denoted above," it further said.

"In such a situation, if this court had, in exercise of its jurisdiction under Article 142 of the Constitution of India, granted compensation to the husband, and had dissolved his marriage on the pretext of doing complete justice between the parties, would the same be acceptable to the husband? We have no doubt in our mind that on a reversal of roles, the husband, without any fault of his own, would have never accepted as just the dissolution of his matrimonial ties, even if the couple had been separated for a duration, as is the case in hand," Justice Khehar, while authoring the judgment for the bench, said.