OPEN LETTER TO HON’BLE PRIME MINISTER SHRI NARENDRA MODI JI

19th December, 2014

To,                                                                                                                                              

Hon’ble Prime Minister of India, Shri. Narendra Modi Ji,,

#7, Race Course Road, New Delhi – 110001

 

Sub: Marriage Law (Amendment) Bill, 2014

 

Hon’ble Sir,

            21st Century is undoubtedly the century of Asia: India and China, mainly! These two countries are in the path of exponential growth not merely because of its large population but essentially because of the family system that nurtures quality human resource. The unique opportunity that India has today of young and skilled youth is indeed because of its stable family system. Sanskar, Skills and Stability are fundamental to the society that solicits “Make In India”.

Suicide Trend

The suicide statistics over the years has been alarming. While the number of women committing suicide in the country has been more or less stable, the rate of Men’s suicide has kept on increasing. This is quite an indicator of declining emotional state of Married Men in India, “Family Causes” being at the top of the list according to NCRB (Home Ministry).

suicides-marital-status

Last few decades have brought in many women centric laws like 498a, DV and more. The education and earning power of women in India has pleasantly increased and our women are enjoying much more freedom and self-reliance than ever in the history of our nation. This new empowered generation has unfortunately also brought many western pitfalls in Indian family system; increased divorce rate is one of them. Divorce is no more a taboo. A pertinent fact to this was revealed by a study that most of the divorces (82%) are initiated by women in India.

At this culture cusp of Indian society where the fundamental value of family system is already disintegrating, Government is willing to allow one additional ground to seek divorce among Hindus. The Marriage Law Amendment Bill 2014 is introducing Irretrievable Breakdown of Marriage as another ground for seeking divorce assuming that it would reduce the number of family litigations pending in the court. It is ironical that when government is trying to simplify law books and also repeal obsolete laws, this new ground would be a burden which would increase litigations of a warring couple even further as it brings property division angle of the Husband that also considers his pre-marital, inherited and inheritable property.

A similar law was passed in China in 2010 and was reverted back by SC of China as it not only increased family litigations but also made marriage-then-divorce as a property acquiring business for women.  When women start marrying for money and not for family and love, that’s a shameful decline of our cultural values. Men, Hindu in particular, to protect their property from a risk of possible divorce would then either stop marrying or may never invest in property. Savings would lose meaning, economy would SLOW DOWN! With marriage becoming more of a gamble that it already is today, Family System would collapse.

The proposed Marriage Law Amendment Bill is a conspiracy by world feminists to damage the social fiber of India, Hindu Family System in particular. The present government does not believe in appeasement politics, whether it’s of a particular sector party, we hope that it would also be immune to the Indian Feminists.

Supreme Court has authoritatively pointed out that the anti-dowry law – IPC 498a is “Legal Terror”. The NCRB data for the past five years shows the reality of 498a cases. The conviction rates are as low as 2%.

Domestic violence laws all over the world, including Bangladesh and Pakistan, are gender neutral but unfortunately in India it’s available only to the women. Surveys in the west have shown that a significant percentage of men too are victims of domestic violence.

In the paper titled The Hidden Side of Domestic Violence, 2013[[1]], by Nupur Bhutani, 93% of the men accepted that they suffered Verbal, Emotional and Physical violence from their wives. 76% stated that they had experienced Economic Abuse and 48% stated sexual abuse. Further, roughly 73% of men had experienced physical abuse at the hands of their wives.

DV Against Men

(Source: The Hidden Side of Domestic Violence, 2013 – By Nupur Bhutani)

 

Ground level situation of Men in family dispute is that of a destitute:

Men face a bouquet of misuse-prone women centric laws (IPC 498a – Dowry law, Domestic Violence, SHWB etc.). There are already existing 3 laws of maintenance and Alimony of a wife. The new law, in addition to the available reliefs (only to a woman) also offers property share as an incentive to divorce for Hindu Women. Hard to believe but an unfortunate truth is that the proposed amendments to the Hindu Marriage Law is a “No Fault” divorce law with punishment only and always to a husband.

 Few unbelievable features of the proposed amendments are:

  1. Husband cannot oppose the divorce under this section while a wife can.
  2. Husband’s assets are only divided. Wife’s assets are ignored.
  3. Marriage duration is not considered: A wife can force the husband to part with more than 50% of his premarital, acquired and share in ancestral, inheritable assets even for a 1-day marriage.
  4. Wife’s earning capability and education is not considered while deciding Alimony.
  5. No settlement of other running litigations are clarified in this bill:

A wife would falsely accuse a husband and with this amendment get a no-fault exparte divorce, go ahead snatch share of husband’s property, get married to another Man and move on. Whereas, the Husband would’ve lost his property and would still be running around the courts proving his innocence in still pending false cases against him like 498a, CrPC 125, PWDVA etc.

Law Ministry doesn’t appreciate the gravity and impacts of the proposed bill:           

            Shocked by the provision of this amendment that we know from media reports and few RTIs, we met face to face to the Hon’ble Union Law minister Sri. D.V. Sadananda Gowda in Bangalore to convey our concerns about the ramifications of this half-baked bill, before the start of the winter session of parliament. He did not seem to appreciate the grave consequences and also happens to be under the mistaken belief that passage of this bill will greatly help in reducing the judicial backlog. He told us that he is very keen on bringing this bill in the winter session of the parliament.

            We have written many e-mails to you on PMO addresses and through mygov.in and we have not been able to gather your attention therefrom. We have sent numerous postcards and other letters concerning the present issue, but have not got any response from your Hon’ble office. We hope that this open letter is able to take our prayers to you !

Hon’ble Sir,

The new government has ignited the nation by giving it a vision, courage to dream big and to have faith in governance. But all this would necessarily require a healthy society where the mind is fearless and family values are conducive. We earnestly seek your immediate intervention since such half-baked hastily prepared formulations, needs due consultation and public opinion. These new bills that are based on unfounded prejudices are indeed an obstacle in “Sabka Saath Sabka Vikas”.  These can grievously damage the fabric of Indian society which is our unique advantage on the world stage today. This is apart from the socio-economic impact it may cause.

Prayer:

         For the reasons indicated above and the ground level situation of Men in India, we pray to you to kindly not consider and pass this UPA drafted bill, as it is, in haste and oblige us forever by giving us a chance to explain the matter in person.

Jai Hind!

 [1] http://savefamily.in/reports/Dv_Act_study.pdf

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GRAVE PROBABLE CONSEQUENCES OF MARRIAGE LAW AMENDMENT BILL, 2014

1. LOSS OF FAMILY VALUES AND FALL OF INSTITUTION OF MARRIAGE IN INDIA

  • Marriage will lose its sanctimonious purpose and become property acquiring business. Already, there is an increasing trend towards material expectations in a marriage; the amendment will have a far-reaching consequence. With divorce no more being a taboo in India, the incentive of women taking divorce would work as reverse DOWRY menace where women would marry for property and not for family or love.

2. SEVERE VIOLENCE AND SOCIAL UNREST IS HIGHLY PROBABLE

  • Assets/Properties are acquired after years of hard work and not because of few years of matrimonial life. Losing hard-earned property in case of failed marriage will lead to increase in Husband Suicide (already it is double) and Increase in Crime Rates.
  • The Battle of Mahabharata was fought for five villages. With the proposed amendments the home of every Husband’s family is going to be in trouble. This Bill if passed in its current form may result in the very person sought to be benefitted/ protected becoming a victim of violence for protecting property as there is hardly any faith in timeliness and gender neutrality of our legal system. Will the Government/BJP be willing to take full responsibility for this dangerous social disruption?

3. INDIAN ECONOMY WOULD BE ADVERSELY IMPACTED & INDIA WILL NOT BE PERCEIVED AS A SAFE DESTINATION FOR FDI

  • No country would like to “Make in India” when our society is at unrest and violent.
  • Indian families would lose confidence in investing in real estate.
  • Savings would be done in movable properties like Gold etc and black money culture would thrive.
  • Indians would start investing in foreign real estate as those would be safer countries for it.

4. MASS CONVERSION FROM HINDU TO OTHER RELIGIONS

  • Hindu men would want to convert to another religion to minimize their risks in matrimonial life. This mass conversion has its own extremely dire social and political complications.
  • Hindu Men would stop marrying or do SAGOTRA VIVAH to keep the property in the family. This may itself create many honor killings and people taking law in their hands.

5. INCREASE IN BACKLOG OF MATRIMONIAL CASES IN INDIAN COURTS

  • To save ones property families would fight endlessly increasing the backlog of the already overloaded courts. Apex court confirms that in failed marriages women are grossly misusing IPC 498a and DV Act for extortion. This amendment will be another tool for extortion and further distress families and Honorable courts in India.
  • India is a young country, 60% population falls under 35. Most of the relationship/marriage/family troubles occur in this age group. If this age group is not in a stable family and relationship state the productivity of INDIA would go down drastically when most are deeply immersed in litigation battles.

With these highly probable impacts on the social and economic fiber of our country is this anyway a good idea to pass or even propose such a half-baked law ?

Myths About Marriage Laws Amendment Bill, 2014

Myth 1.  This law is the recommendation of Supreme court

Hon’ble SC wanted a new ground for divorce to be added such that District court which do not have inherent powers can use this ground to separate a warring couple who are not willing to settle through mutual consent divorce (13 B of HMA). The present bill poisons the intent of Hon’ble SC by leaching it with property division provisions where a wife gets minimum 50% share in husbands property (self earned, before and after marriage) and ALSO unbelievably enough the INHERITED AND  INHERITABLE property.

THE PROPOSED BILL IS NOT AN ADDITIONAL GROUND OF DIVORCE BUT AN ADDITIONAL GROUND AND WAY OF MORE ALIMONY in the shape of PROPERTY SHARE. SC never needed another Alimony Law, HMA 24 and HMA 25 are sufficient to to that to  a women.

Myth 2.  So what , it gender neutral anyway !

Completely wrong ! Where the new ground can be invoked by any spouse the property share is given only to wife !!  A wife can oppose the divorce under this amendment on the ground of financial hardship but a Husband cannot !! He would be forced to depart with his property and would be shoved a divorce if the wife so wishes. THIS BILL IS LOADED AGAINST HINDU MEN AND INCENTIVES DIVORCE AMONG HINDU WOMEN. THIS WOULD BREAK FAMILIES AT THE DROP OF A HAT AND CREATE A SOCIAL UNREST !!

Myth 3.  The new provision would help to reduce the judicial back log

When the Irretrievable Breakdown of Marriage (IrBM) was used by Apex court as its special inherent powers, all the Criminal (e.g 498a) , Quasi Criminal (Domestic Violence Act) and civil (HMA 24, 25, CrPC 125 etc) were all disposed at one go and warring couple has no venue to continue fight and/or go for appeal. With the new ground used by Family court, the divorce may happen but  warring couple may continue the war in criminal and other civil courts as Family courts cannot direct the other courts in question. Also, the party aggrieved from this section ais free to go to the next court (High Court and Supreme Court) and spend another 20 years there. Clearly this new law does not help reducing the back log at all and in contrary gives another law/ground for people to create endless litigation and overloading the courts.

Myth 4.  At least the couple would get a divorce and move 0n in life

Yes, the Wife can declare the marriage irretrievable, take divorce on this ground, usurp property, not care to end other cases on the ex-husband, marry another man and leave the ex-husband high and dry.

On the other hand, the Husband would have lost his property in divorce and would still be running around the courts proving his innocence in still pending false cases against him like 498a, CrPC 125, PWDVA etc. Can a Man running in courts move-on in his life?

Myth 5.  After divorce women come on the road, this way at-least they would have a house to stay

If a women before marriage was not on the road it means that she has her parental house. After marriage or divorce her share in her own parents property is still intact by Hindu Succession act 2009. Why would she be on road ?

80% of Indian population need Food Security according to the Government and there is Food security bill for that, how would these people give property to their estranged wives? The rest 20% only 15% are Hindus to which this amendment is applicable. What would happen to 85% of the women?

Myth 6.  Even after Alimony order the wives normally cannot get the order executed, this bill would get them solid relief.

How would an order in this be different from that in HMA24 (interim maintenance) and HMA25 (permanent Alimony)? Even if the order is made to share the property don’t you think that mothers, brothers, sisters, fathers other heirs in the property would get into a endless litigation against the order and women would have no other way but to work for those 20 years of litigation. If she is not on road and does not starve for those 20 years why would she ever?

Law of nature demands a human to earn her/his bread. Women cannot live rest of her life on someone else’s alms. They need to work. 

I sincerely hope the the readers get a sanitized and practicable view of the proposed act. Its not meant to do any good. Only an eyewash and appeasement to the dishonest, wrongly entitled and greedy Feminists.

Myth 7. I don’t care it would empower the women somehow by pressurizing husbands

If after having the above Myths debunked, you still think that it would help very little can be done to enable you. I would still try:

As far as  empowerment is concerned, it is never a outside virtue. It comes from within. None can strengthen ones muscle by passive massage, whats needed is an active muscle building work out – yes it needs hard work. One has to do it. Man or women. With these draconian laws are we ready to have an army of able bodied young women who for the sake of getting the perceived freebies don’t (want to) work ? What is going to happen to our GDP? Are we true to ourselves when we solicit in every developed high cost country: “Make In India“.

LAWS MUST BE MADE ON NATURAL JUSTICE PRINCIPLES AND NOT ON UNFOUNDED PREJUDICES.

Read more : THE GRAVE CONSEQUENCE OF THE PROPOSED MARRIAGE LAWS AMENDMENTS 2014

OPEN LETTER TO THE UNION LAW MINISTER DV SADANAND GOWDA JI

 

16th December, 2014

To,                                                                                                                                              

Hon’ble Law Minister of India, Shri. D.V Sadananda Gowda Ji,

Office of the Minister for Law and Justice,

4th Floor, ‘A’ Wing, Shastri Bhawan,

Rajendra Prasad Road, New Delhi – 110001

 

Sub: Marriage Law (Amendment) Bill, 2014

 

Respected Sir,

            21st Century is undoubtedly the century of Asia: India and China, mainly! These two countries are in the path of exponential growth not merely because of its large population but essentially because of the family system that nurtures quality human resource. The unique opportunity that India has today of young and skilled youth is indeed because of its stable family system. Sanskar, Skills and Stability are fundamental to the society that solicits “Make In India”.

Suicide Trend

The suicide statistics over the years has been alarming. While the number of women committing suicide in the country has been more or less stable, the rate of Men’s suicide has kept on increasing. This is quite an indicator of declining emotional state of Married Men in India, “Family Causes” being at the top of the list according to NCRB (Home Ministry).

suicides-marital-status

Last few decades have brought in many women centric laws like 498a, DV and more. The education and earning power of women in India has pleasantly increased and our women are enjoying much more freedom and self-reliance than ever in the history of our nation. This new empowered generation has unfortunately also brought many western pitfalls in Indian family system; increased divorce rate is one of them. Divorce is no more a taboo. A pertinent fact to this was revealed by a study that most of the divorces (82%) are initiated by women in India.

At this culture cusp of Indian society where the fundamental value of family system is already disintegrating, Government is willing to allow one additional ground to seek divorce among Hindus. The Marriage Law Amendment Bill 2014 is introducing Irretrievable Breakdown of Marriage as another ground for seeking divorce assuming that it would reduce the number of family litigations pending in the court. It is ironical that when government is trying to simplify law books and also repeal obsolete laws, this new ground would be a burden which would increase litigations of a warring couple even further as it brings property division angle of the Husband that also considers his pre-marital, inherited and inheritable property.

A similar law was passed in China in 2010 and was reverted back by SC of China as it not only increased family litigations but also made marriage-then-divorce as a property acquiring business for women.  When women start marrying for money and not for family and love, that’s a shameful decline of our cultural values. Men, Hindu in particular, to protect their property from a risk of possible divorce would then either stop marrying or may never invest in property. Savings would lose meaning, economy would SLOW DOWN! With marriage becoming more of a gamble that it already is today, Family System would collapse.

The proposed Marriage Law Amendment Bill is a conspiracy by world feminists to damage the social fiber of India, Hindu Family System in particular. The present government does not believe in appeasement politics, whether it’s of a particular sector party, we hope that it would also be immune to the Indian Feminists.

Supreme Court has authoritatively pointed out that the anti-dowry law – IPC 498a is “Legal Terror”. The NCRB data for the past five years shows the reality of 498a cases. The conviction rates are as low as 2%.

Domestic violence laws all over the world, including Bangladesh and Pakistan, are gender neutral but unfortunately in India it’s available only to the women. Surveys in the west have shown that a significant percentage of men too are victims of domestic violence.

In the paper titled The Hidden Side of Domestic Violence, 2013[[1]], by Nupur Bhutani, 93% of the men accepted that they suffered Verbal, Emotional and Physical violence from their wives. 76% stated that they had experienced Economic Abuse and 48% stated sexual abuse. Further, roughly 73% of men had experienced physical abuse at the hands of their wives.

DV Against Men

(Source: The Hidden Side of Domestic Violence, 2013 – By Nupur Bhutani)

 

Ground level situation of Men in family dispute is that of a destitute:

Men face a bouquet of misuse-prone women centric laws (IPC 498a – Dowry law, Domestic Violence, SHWB etc.). There are already existing 3 laws of maintenance and Alimony of a wife. The new law, in addition to the available reliefs (only to a woman) also offers property share as an incentive to divorce for Hindu Women. Hard to believe but an unfortunate truth is that the proposed amendments to the Hindu Marriage Law is a “No Fault” divorce law with punishment only and always to a husband.

 

Few unbelievable features of the proposed amendments are:

  1. Husband cannot oppose the divorce under this section while a wife can.
  2. Husband’s assets are only divided. Wife’s assets are ignored.
  3. Marriage duration is not considered: A wife can force the husband to part with more than 50% of his premarital, acquired and share in ancestral, inheritable assets even for a 1-day marriage.
  4. Wife’s earning capability and education is not considered while deciding Alimony.
  5. No settlement of other running litigations are clarified in this bill:

A wife would falsely accuse a husband and with this amendment get a no-fault exparte divorce, go ahead snatch share of husband’s property, get married to another Man and move on. Whereas, the Husband would’ve lost his property and would still be running around the courts proving his innocence in still pending false cases against him like 498a, CrPC 125, PWDVA etc.

 

The Honorable Law Minister is under the belief that the proposed amendments are a directive from the Supreme Court and that they will aid in reducing judicial backlog. The bill is entirely different from the version agreed by the Parliamentary Standing Committee led by Dr. Jayanthi Natarajan (link to the report here).

Points that our law makers have COMPLETELY MISSED:

  • Supreme Court only asked for making new ground of divorce to be given to courts (not to the parties) for separating a couple whose marriage has been irretrievably broken down. IT DID NOT ASK TO MAKE YET ANOTHER LAW FOR MAINTENANCE AND ALIMONY TO WIFE. HMA 24 and HMA25 are sufficient for that.

  • Supreme Court Never asked to poison it with property division clauses to this new provision.

 

  • When this ground was used as special powers of SC that was end to litigation as there is no appellant court above SC. When District courts are given these sweeping and draconian powers then parties would do a never ending appeal after appeal and the purpose to reduce litigation pending in courts wont be solved. 

 

Why punish the parents and siblings (brothers, sisters) of the husband for a bad marriage and that too for a “No Fault” divorce? Will they keep quiet if their share in property is taken away due to the divorce under this ground? More cases will be filed in the higher courts and the judicial backlog will not decrease.

The new government has ignited the nation by giving it a vision, courage to dream big and to have faith in governance. But all this would necessarily require a healthy society where the mind is fearless and family values are conducive. We earnestly seek your immediate intervention since such half-baked hastily prepared formulations, needs due consultation and public opinion. These new bills that are based on unfounded prejudices are indeed an obstacle in “Sabka Saath Sabka Vikas”.

 

These can grievously damage the fabric of Indian society which is our unique advantage on the world stage today. This is apart from the socio-economic impact it may cause. For the reasons indicated above and the ground level situation of Men in India, we pray to you to kindly not consider and pass this UPA drafted bill, as it is, in haste and oblige us forever by giving us a chance to explain the matter in person.

Jai Hind! Vande Mataram,

 [1] http://savefamily.in/reports/Dv_Act_study.pdf

Why this focus on ’rapes in India’ by world media?

If love for India made this learned foreigner blogger write this then we have do write some more and spread this to however many possible.. Save Indian Family Please ( http://www.saveindianfamily.in / http://www.sifkarnataka.org )

MARIA WIRTH

Judging from media reports, India has a BIG problem with rape. No other country seems to come even close. All over the globe “another rape in India” is reported ever so often.  On my last visit to Germany, I jolted when on 27. December 2013 the most popular TV news ended with “another gang rape in India”. It was one of only five topics of the 15 minutes broadcast.

Even my sister wondered how a gang rape in India made it to the main news in Germany. That same day in a conservative estimate, over a thousand rapes would have been committed all over the world.  In the USA some 200, in South Africa some 170. In the western cities, the statistics show a high percentage, much higher than in India. Many of those rapes would have been gang rapes. In many cases, the girl or woman would have been…

View original post 1,536 more words

Marriage Law Amendment Bill Is Unconstitutional

NDA or rather must I say the BJP government is all set to pass the SONIA RAJ law that was means to appease the feminists and their vote banks. This law never saw the light of day as BJP was vehemently opposing it then.

The Draft which saw widespread Public concern/panic, and was totally orthogonal to what the parliamentary joint select standing committee report recommendations were is being pushed again AS IT WAS without having passed the Constitutional Procedures laid down in our Democracy. This is the same Draft bill which never saw the light at the end of the tunnel during previous government as BJP itself realized how disastrous this law was for Hindu Family and Hindu Men. The Bill was opposed by various segments of society and even ministries and got International-wide attention on India for proposing such a draconian law.

In spite of all the above, it is really SHOCKING and heart-breaking that the New Visionary Government, under a dynamic leadership who pledged “SABKA SAATH SABKA VIKAS” has not taken the TRANSPARENT route and is behaving same as the previous Congress led UPA Government now. This amendment bill is going to be a havoc in our society. These are the dire impacts of these ammendments which I could think:

1. LOSS OF FAMILY VALUES AND FALL OF INSTITUTION OF MARRIAGE IN INDIA

 Marriage will lose its sanctimonious purpose and become property acquiring business. Already, there is an increasing trend towards material expectations in a marriage; the amendment will have a far-reaching consequence. With divorce no more being a taboo in India, the incentive of women taking divorce would work as reverse DOWRY menace where women would marry for property and not for family or love.
 China in 2010 amended a similar property annexing law when it found that it being misused extensively by women to grab property through marriages. With misuse of gender laws in India close to an all-time high, this is not the climate to introduce another dangerously draconian legislation.
2. SEVERE VIOLENCE AND SOCIAL UNREST IS HIGHLY PROBABLE
 Assets/Properties are acquired after years of hard work and not because of few years of matrimonial life. Losing hard-earned property in case of failed marriage will lead to increase in Husband Suicide (already it is double) and Increase in Crime Rates.
 The Battle of Mahabharata was fought for five villages. With the proposed amendments the home of every Husband’s family is going to be in trouble. This Bill if passed in its current form may result in the very person sought to be benefitted/ protected becoming a victim of violence for protecting property as there is hardly any faith in timeliness and gender neutrality of our legal system. Will the Government/BJP be willing to take full responsibility for this dangerous social disruption?
3. INDIAN ECONOMY WOULD BE ADVERSELY IMPACTED & INDIA WILL NOT BE PERCEIVED AS A SAFE DESTINATION FOR FDI
 No country would like to “Make in India” when our society is at unrest and violent.
 Indian families would lose confidence in investing in real estate.
 Savings would be done in movable properties like Gold etc and black money culture would thrive.
 Indians would start investing in foreign real estate as those would be safer countries for it.

4. MASS CONVERSION FROM HINDU TO OTHER RELIGIONS
 Hindu men would want to convert to another religion to minimize their risks in matrimonial life. This mass conversion has its own extremely dire social and political complications.

 Hindu Men would stop marrying or do SAGOTRA VIVAH to keep the property in the family. This may itself create many honor killings and people taking law in their hands.

5. INCREASE IN BACKLOG OF MATRIMONIAL CASES IN INDIAN COURTS
 To save ones property families would fight endlessly increasing the backlog of the already overloaded courts. Apex court confirms that in failed marriages women are grossly misusing IPC 498a and DV Act for extortion. This amendment will be another tool for extortion and further distress families and Honorable courts in India.
 India is a young country, 60% population falls under 35. Most of the relationship/marriage/family troubles occur in this age group. If this age group is not in a stable family and relationship state the productivity of INDIA would go down drastically when most are deeply immersed in litigation battles.

With these highly probable impacts on the social and socio-economic fiber of our country is this anyway a good idea to pass or even propose such a half-baked law ?