Sunday, July 6, 2008

Apalled at the recent NCW recommendations

To, 7h July 2008
Ms. Renuka Chaudhary,
Minister, Government of India,Ministry of Women and Child Development,Shastri Bhavan `A' Wing,Dr. Rajendra Prasad Road,New Delhi-110001

Sub: Amendments sought in CrPC 125. Is NCW promoting adultery in the name of Women Empowerment?


Honorable Minister,

I am profoundly shocked and flabbergasted at the recent recommendations by National Commission of Women to the Ministry of Women and Child Development on the amendments sought in the Section 125 of CrPC. As per the various media reports, the NCW has sought a change in the definition of wife and has suggested the inclusion of women involved in live-in also under the definition of wife. Another major amendment sought by NCW in section 125 of CrPC is that ‘adultery should no longer be a ground for denying maintenance to a woman’.


National Commission of Women as an organization

The NCW by raising a request to consider amendments like these has not only discredited itself beyond belief but also has shocked the Indian population both men and women alike. By now it is crystal clear to learned people like you me and the WCD ministry offcials that the NCW is all for the idea of marching forward for the destruction of the values and sanctitiy of the Indian Society in the name of women empowerment. Please remember that if the NCW has its way it will not be long before Indian society will become a haven for women who want to extort money under the guise of any kind of relationships between adult men and women.
NCW’s very definition of women empowerment seems be based on the idea of devising various mechanisms for extortion and harassment by unscrupulous women and nothing else. The NCW seems to excel at making laws without any safety mechanism for the innocent, laws which would be subject to gross misuse and enable unscrupulous women to extort money from men and enable them to buy all the material comforts in the world at the Man’s expense. We have seen the extent and level of abuse of laws like 498A and DV act by wives, discussion on which is however is beyond the scope of this letter. We request you and your ministry officials to make it clear to the NCW that making laws which promote disharmony and by providing a path for unscrupulous women to abuse the Indian judicial system to destroy the Indian society will not be entertained .

If one studies the laws and recommendations that the NCW suggests under the guise of women empowerment, one finds that they all have an uncanny similarity in them. These are highlighted in the points below.


1) Loose wording which is almost always abused
2) Totally one sided arguments in favor of the women
3) Assuming Indian women to be gullible and innocent by birth and the men and his family to be culprit to begin with
4) Legally devising ways for women to extort money from various sources (Husband, Live-in partner, In-Laws)
5) Manipulating the Indian Judiciary to give judgments in favor of women and no proving legal succor to the innocent
6) Providing ways for women who abuse laws to get away without punishment


Also the NCW does not even bother to recommend changes to arrest the current misuse of acts like the DV act and 498A. The NCW must be made accountable, and must be made to answer the below questions first before it is allowed to even recommend further “Women Empowerment “ laws.

Why is the NCW lowering the standards of women by not making them equally responsible for the relationship?
Why only men have to bear the brunt of a failed relationship?Why do women do not want to take the ownership of a failure and account forthe same??
What has NCW done for the 1,20,645 innocent mothers and sistersarrested and made to undergo unnecessary harassment just because of anunproved allegation of dowry harassment was filed against them by theirunscrupulous Daughter -in - law?



Current recommendations and its implications.

v Live-in Relationships

The NCW like always begins by falsely assuming that all women who are in live in relationships are always the gullible and is innocent beyond doubt. Please understand that the traits of innocence and gullibility do not depend on the gender of a person. Time and time again it has been proved beyond reasonable doubt that women under various conditions have turned out to be extremely unscrupulous and demonstrated extreme acts of cruelty without remorse, and worse have escaped from the clutches of the law thanks to women empowerment laws.The most disturbing trait is that number is women demonstrating these extreme acts has been rising exponentially off late.

The NCW again makes a totally false assumption by thinking that it is always the man who coerces a woman into entering into a live in relationship which him, and then does not fulfill his promises of marrying her and thus deserting the woman. When 2 adults enter into a no strings attached live in relationship with each other they are both equally responsible and are accountable for any outcomes of the same. Let me talk about the mindset of a woman entering a live-in relationship.

Ø Women entering live in relationships are adults. The woman is aware that this is a no-strings attached relationship that may or may not lead to a marriage with the other partner, but inspite of that if the woman decides to enter into this relationship she must be be equally accountable and responsible as the man should the relationship ends without a marriage. The women must not be considered gullible and innocent and be allowed to extort money from the male partner of the live-in relationship does not end up in a marriage.
Ø Any children born out of this relationship are again the equal responsibility of the man and the woman, since they both being adults deemed it right to bring a child into thids world witout neing legally married. Money for the upkeep of the child must be borne equally by the man and the woman.
Ø The women does not expect the same level of rights that a legally wedded wife has because of the simple fact that women is free to break this relationship at any time and the NCW has no laws for the husband to claim alimony from the unscrupulous woman.


There is no fixed description of a “Live-In relationship”. What does India Law consider to be a live-in relationship? Is it 2 people staying together for One year, One Month, One day or One Night? Countries which have created laws to protect both partners (men and women) from getting abused in live-in relationships have defined a clear time frame for a man and woman to have lived together to be considered to having a live-in relationship. These laws are gender neutral and have been drafted taking into account the concerns of both men and women.
The NCW has not proposed any laws or protections for the suffering male partners in live-in relationships. The NCW thinks it is not its responsibility to punish the unscrupulous women who abuse the law and get away because that according to them would against “women empowerment”. According to the NCW the definition of empowering women is making them use the Indian Judicial system for legal extortion and harassment to the male partner and then escape without any penalty.



v Adultery

Historically adultery was considered to be one of worst vices for both men and women who committed it. The person who enters into an adulterous relation is looked down upon and punished in all societies. This is also true of the western societies, which I am sure the NCW considers to contain far more “empowered” women than what India has.

The NCW seems to make the “un-empowered” women of India “empowered” by making adultery a non-issue as long as the woman commits it. This law if implemented will make adultery almost legal in India for women and women will profit out of adultery. Women may claim maintenance from the Husband even after committing adultery and from the adulterous male partner under the Live-in alimony recommendation (see above). Two separate tax-free incomes without any effort, who wouldn’t want that?


Like before the NCW makes another falwed basic assumption is that all Indian women always gullible and innocent by birth and do not posses any capability whatsoever of commiting adultery and the allegations of adultery on the women are always false. If the NCW thinks that there are no adulterous women to begin with then there must also be no adulterous men because whom will the men commit adultery with?


The recommendation like always has no safety mechanism and does not offer any protection for the Male partner .The Male partner will have to pay money to his wife even if she has been in an adulterous relationship with someone else. This is taking the abuse of the law to the extreme.

Loose wording on the current laws in India are already misused by adulterous women to get away scot-free. As per the current laws in India if a woman is caught red handed in a adulterous relationship no punishment can be accorded to her. Even when adultery is proven beyond doubt the maximum that a judge can do is deny maintenance to that woman and nothing more. Loose wording on the law is abused when the wife says ” “I was in adultery relationship, but presently I have not living in adultery.’” and there she has a clean escape. In order to “empower” women the law already has been amended to change the term “Lived in adultery” to “living in adultery”.

It has been proven time and time again that educated and “empowered” women are the biggest abusers of the law. The level of abuse of the current 498A and DV sections by these women has been phenomenal in recent times .The so called innocent and gullibale women as the NCW claims them to be claim for maintenance one one side and file a 498A accusation and the use DV on the other side act simultaneously to cause further harassment. This is done in clear violation of the Indian constitution, which says that a person cannot be punished more than once for the same crime. Now a woman has three vehicles to claim maintenance which is already against the constitution

Ø Section 24
Ø CrPC125
Ø Domestic Violence Act

This new law will add another vehicle for extortion and will act and will be like an icing on the cake for the unscrupulous women of India.








· We feel that such type of absurd amendments sought is an insult to those honest women, who do not indulge in adultery and believe in the institution of marriage. To get any legal right in live-in-relationship a minimum must be specified, otherwise the loose wording will again be misused by the dishonest women just to extort the money from men. Is the NCW trying to legalize the fact that ones wife or girlfriend can live in with 10 different men and still claim money from the Husband and also from the 10 different men as Live in relationship maintenance? Then in what ratio will the women be entitled to claim money from these 10 different men?. Or will it be husband who will pay the most and the person who has slept the longest next will pay the next most and so forth. We strongly condemn this form of legalising prostitution. It is really amazing from where does NCW get these thunderous brainwaves? This will simply lead to another chaos in our society which would eventually lead to a similar sort of observation as has been observed recently on the DV Act by the Hon’ble Supreme Court in The Batra vs Batra Judgement

“…the Act is not very happily worded, and appears to be the result of clumsy drafting, but we have to give it an interpretation which is sensible and which does not lead to chaos in society..”






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The NCW leadership – A Special mention

Coming to the statements made by the NCW Leadership. The leadership has a penchant for projecting the Indian women as the eternal suffering damsel in distress and the NCW is projected as the knight in shining armor that always come to the rescue of the hapless bride.
We wish to express our strong resentment on some two of the staments that the leadership has made in their quest to build a strong case in front of the WCD for these draconian laws .

Quote1 :- "The law is misused and very often women are not given even the paltry amount that they are entitiled to, " Yes definitely the law is misused, but in what sense? This law is misused by leveling false and baseless allegations against husbands and treating them as Free ATM Machines. If the wife is adulterous and has already broken the sanctity of marriage, then why should she be entitled to maintenance at all.

Also the concept of interim maintenance needs to be done away with totally. When the case itself has not been decided, how can the punishment be awarded to? This is against the principles of natural justice and is assuming that the allegations are true. Why can't the woman lie when she knows lying will get her tax - free money which she can sitting at her father's house?And what happens if the allegations are proved false or harassment is not proved, nothing. Who will account for the harassment of dragging the husband to cases?Its high time the law gets balanced and defines the duties of a woman in a marriage as well, the way the duties for a man are dictated.



Quote 2:- With Reference to the article,Living In, out of relations
(http://www.deccan.com/Bengaluru/City/Citynews.asp#Living%20in,%20out%20of%20relations )"Alimony for partners in live-in relationships could provide women financial security and also help them pick up the threads of their life."This line is a direct insult of marriage. It is highly demeaning on part of Deccan Chronicle to encourage women to initiate live - ins and then break them at free will to treat the poor man as a financial machine. Such articles only spread poison in the society. Lauding such amendments is grave injustice meted out to the Male Gender by stereotypically assuming ubiquitously that all relationships break due to men's faults and women are always at the receiving ends. State Commission for Women might be receiving many such complaints but how of them are true given the fact that such whining and "Cry Baby Attitude" can get them tax free money.Such provisions will encourage women to enter into a wedlock, walk out of it at free will and then start a live - in with some other male and implicate both in false and frivolous maintenance cases and harass both the men financially. Also with such provisions divorced women will find it hard to get partners because men will fear such cases in these relationships as well. As also as per National Crime Records Bureau Data, Married Men and Divorced Women's suicide rates are on the upswing since 2004."So they get into a relationship and start living with men whom they hardly know. "Are those so called educated, urban girls worse than toddlers that they start living with any man they hardly know. What is the media upto? Is it some kind of a joke that is being played on the men or what?? Does a relationship start only at the male's behest?? In actuality a relationship starts only at the females' behest, then why are only males made to pay?? Why is this law not gender neutral??"When we analyse the nature of these relationships, there�s a clear lack of responsibility, mostly among men. And women bear the brunt,� she adds."I think Jyotika Sinha, a relationships counselor needs a reality check before making irresponsible statements in public articles like these. What responsibility would she like to associate with women?? Or she wants women to reap the benefits of a relationship under all circumstances whether the relationship works or does not work??Oh and men do not bear the brunt, is it?? Then how come every year close to 80, 000 men are committing suicide as opposed to 35, 000 women, if men in this country are so happy and do not have to bear the brunt?STOP TREATING MEN AS FREE ATM MACHINES AS A SOCIAL CATASTROPHE IS IMPENDING TO HAPPEN. Which no one shall be able to stop. Only a fatherless society will be created whose children will have 9 times more vulnerability to become criminals and ruin their lives.We, GHRS, an organization dedicated and commited to the cause of spreading family harmony and awareness about the misuse of existing marital laws, have no expectations whatsoever from anybody. We consider it as our moral duty to awaken the sleeping society and the media and our doing it selflessly. CHOICE IS YOURS. Choose the path you feel like.
GHRS opinion the amendments to the above recommendations

I oppose such unlawful demands of NCW and request our lawmaker to amend the CRPC 125 as under:

The word men/women to be replaced by the word Person and husband/wife to be replaced by the word Spouse.
A well-educated person should earn their live hood by their hard work instead of treating others as a Free ATM machine.
The word “living-in-adultery” to be replaced by the word “living or lived in adultery” during the relationship of both the partner, should not be entitled for any maintenance from each other, as it is a criminal breach of trust and cheating.
If any one filed the maintenance under CrPC 125, the person should not be entitled to file or claim any other maintenance case under Section 24 or DV act.
The maximum Limit of Monthly Maintenance to be fixed as per Common people's Living Standard only, instead of No limit currently.




We feel that the NCW has take then cause of women empowerment to such radical level of absurdity that it is time that government take strong steps to rein in organizations like these. The organizations in the guise of promoting women empowerment are bent upon unleashing havoc in the Indian society .
We request our lawmakers to maintain family harmony and not promote a fatherless society in India by promotion of adultery and undefined live-in-relationships where even a photo of two partner is sufficient to define the live-in-relationship.









Indian family system :- The pride of India

If there is one thing we have and the west does not, then it is our family system. It is because of tightly knit families and family harmony that we produce such a huge pool of skilled knowledge workers who have now proven themselves all over the world. Why are we drafting laws to destroy this family system that has served us so well since thousands of years? Do we want to end up in a fatherless society like the west has? Do these laws not break up our existing family system and prove a roadblock in out global march forward? If nothing is done now to save the Indian family it will not be too long when the entire fabric of the Indian value based society will be destroyed and things will never be the same again. It is the government responsibility to protect the Indian Culture, heritage and to have a Gender neutral society where people are not judged by their Gender but by their values, honesty and loyalty.

Please help us to save the pride of India, the Indian Family.


Thanking you,

Yours Sincerely,

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