Why victims must attend weekly meetings?

***Fighting Gender biased laws** **www.family-harmony.org*** *National Family Harmony Society* 498A HelpLine 9880141531

A Victim of gender biased laws like 498A IPC

•          You have been betrayed by the person whom you trusted most, with whom you were supposed to spend life.
•          Further when you went to police they extorted money from you.
•          Further when you when went to lawyer, he is only interested in your money not in your relief. He is interested in your take home salary to decide your fees.
•          Every one cheated you whom you trusted.
•          Most of you cannot tell what happened in your life even to your colleagues.
•          Your close friends told you…C’mon yaar…This is normal in a married life…Do compromise and bring back your wife without even knowing what is 498A!!
•          When Judge called you to his chamber…He told you Do Settlement…Else I will not grant bail to you.
•          You are humiliated…Your feel Cheated…You feel betrayed…You feel your life…

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IrBM Protest Letter dated 17/12/2014

17/12/2014

To, Hon’ble Minister of Law and Justice, Shastri Bhawan, A-Wing, Dr. Rajendra Prasad Road, New Delhi – 110001  

21^st 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 is fundamental to the society that solicits “Make In India”.

We come to you as members of Save Indian Family Movement that has been working for family harmony for a decade now. This movement took its inception from the Suicide statistics of Married Men in India which had been alarming for last few years:

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).

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 of freedom and self reliance that 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 for Indian men and women now and these days divorce is an acceptable phenomena in India more than ever. 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 make the law books leaner, this new ground would be a burden which would increase litigations of a warring couple even further as it is leached with property division angle of the Husband that also considers his inherited and funnily inheritable property.

A similar law was passed in China in 2010 and was reverted back by SC of China as it not only incremented 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 (Annex 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.

(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 of women centric laws (IPC 498a – Dowry law, Domestic Violence, SHWB etc). There are 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 propose 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.

We have written many e-mails to you and have send you numerous representatiosn through various means but we have not got any response from your Hon’ble office.

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. 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.

Thanking You,

Anupam Dubey

anupamdubey@hotmail.com

Mob. +91 98891 88810

Why this focus on ’rapes in India’ by world media? #SaveIndia #SaveMen please understand and #StopMarriageBill

WHY THIS FOCUS ON ’RAPES IN INDIA’ BY WORLD MEDIA?

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…

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National Crime Records Bureau – 2012 Crime in India & Suicide statistics Analysis (Final Part)

National Crime Records Bureau – 2012 Crime in India & Suicide statistics Analysis (Final Part)

Stand up for a Cause ...

A few charts showing data on crimes in India –

Male Suicides and frivolous cases plotted on a graph and scaled to 100 is given below:

_______________________

Notes:

1. ‘% of convicted cases’ has been calculated as a percentage of the number of incidents reported during the year. (ie. Number of cases in which convictions were made during the year / Number of reported incidents during the year).
2. ‘Frivolous Cases’ mean sum of a) Cases Declared False on Account of Mistake of Fact or of Law, b) Cases not Investigated or in which investigation was refused, c) Cases Withdrawn by the Govt., d) Cases withdrawn by the Govt. during investigation, e) Cases Compounded or Withdrawn and f) Cases Acquitted or Discharged.
3. Data Source: NCRB Software for analysis Crime Info and ADSI Info.
4. Please feel free to drop a message if you believe any data / graph is incorrect above. I…

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National Crime Records Bureau – Suicide Stats – 2012 (Part 2)

National Crime Records Bureau – Suicide Stats – 2012 (Part 2)

Stand up for a Cause ...

This is the part 2 of the National Crime Records Bureau’s (NCRB’s) suicide statistics. The part 1 of the statistics are here. In this part we will try to explore if any causal effects are there to a rise in the male suicides.

In discussion with a few male rights activists, false criminal cases and gender biased laws were cited as a probable reason for despair in men. In this article we will analyze if the Protection of Women from Domestic Violence Act, 2005 commonly referred to as the Domestic Violence Act (DV Act) has a causal relationship in increasing in suicides among men.

The DV Act was brought in force by the government on October 26, 2006 and it provides for protection of women from domestic violence in a marital home. This act also provides certain rights to women such as right to matrimonial home, right to receive…

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National Crime Records Bureau – Suicide Stats – 2012 (Part 1)

National Crime Records Bureau – Suicide Stats – 2012 (Part 1)

Stand up for a Cause ...

The 2012 data of the National Crime Records Bureau (NCRB) suicide statistics has been released, report titled: Accidental Death and Suicides in India – 2012. The data shows the plight of men in this country. Of the total 1,35,445 suicides around 88,453 were men and 46,992 were women. Suicides by men were 1.9 times more than suicides by women. Suicides by farmers are 11.4% of the total suicides[i] and 1.4% of the total suicides were due to poverty[ii].

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Bravehearts or habitual offenders???

Bravehearts or habitual offenders?

The Male Factor (TMF)

In India women have an easy way to fame. That is assaulting men in public places and getting instant fame and in most cases getting additional money and compensation from the government. It does not matter whether the case has any merit, only requirement in all such cases is the woman needs to beat the man mercilessly, abuse him and before doing all these she needs to ask one of her friends to shoot the incident of male assault.

Then thanks to social media the video will go viral and then instant fame with all different media promoting the girl’s story and making her a hero (oh I am just trying to be neutral here) and terming the man / men as instant criminals. Today this business has instant return of a few lakh rupees for the girl. The man in question may lose everything but that does…

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A comparison in international laws with regard to IrBM

A COMPARISON OF INTERNATIONAL LAWS

Country	Pre-nuptial agreements valid?	Both Spouse’s property impacted?	Pre-Marital Property Divided?	Post Marital Property Divided?	Inherited/ Inheritable Property Divided?	Duration of Marriage Considered?	Division of Property.
United States of America	Yes	Yes	No	Yes	No	Yes	· Total 9 states out of 50 States follows community property law, means 50-50 division of post marital property only. · Rest 41 States divide property on the basis of Marital · property law where · Financial contribution considered · Not equal · Depends on many factors
United Kingdom	No	Yes	Rarely	Yes	Rarely	Yes	· Financial contribution considered · Not equal · Depends on many factors
Chile	Yes	Yes	No	Yes	Rarely	Yes	· Financial contribution considered · Not equal · Depends on many factors
Singapore	Yes	Yes	Rarely	Yes	No	Yes	· Financial contribution considered · Not equal · Depends on many factors
Indonesia	Yes	Yes	No	Yes	No	No	· 50-50 Post Marital Property in absence of Prenuptial, · DEBTS are also Joint responsibility.
Goa (Portuguese Civil law – 1910)	Yes	Yes	No	Yes	No	No	· 50-50 Post Marital Property in absence of Prenuptial.
China (latest amendment of Marriage Law – 2011)	Yes	N / A	N / A	N / A	N / A	N / A	· No Property Division, owner is one who paid for it.
Proposed Marriage Amendment Bill -2010	NO	NO, Only Husband	YES	YES, Only Husband	YES, Only Husband Side	NO	· Anonymous
Our Recommendations	Yes	Yes	No	Rarely	No	Yes	· No Property Division, Owner is one who paid for it. · only in case of Handicaps and break in employment is more than 4 years prior to divorce and Marriage duration is more than 7 Years

Second letter to @PMOIndia and his ministers to #StopMarriageBill

28/11/2014

To,

Hon’ble Minister of Law and Justice,

Shastri Bhawan, A-Wing,

Dr. Rajendra Prasad Road,

New Delhi – 110001

SUB: SERIOUS OBJECTIONS TO INTRODUCTION OF MARRIAGE LAW (AMENDMENT) BILL 2014.

 Dear Sir,

            With this letter, we hereby want to register very serious and strong objection to the process followed for the introduction of Marriage Law (Amendment) Bill.

            With this Letter, we also wish to bring to your kind notice the CLEAR VIOLATION that Legislative Department has done while processing the new Draft. As per Pre-Legislative Consultation Policy (PLCP), decided on 10^th January 2014, it was decided, that

“The Department/Ministry concerned should publish/place in public domain the draft legislation or at least the information that may inter alia include brief justification for such legislation, essential elements of the proposed legislation, its broad financial implications, and an estimated assessment of the impact of such legislation on environment, fundamental rights, lives and livelihoods of the concerned/affected people, etc. Such details may be kept in the public domain for a minimum period of thirty days for being proactively shared with the public in such manner as may be specified by the Department/Ministry concerned.”

 Unfortunately, the current draft clearly violates this very important procedure laid down by the Committee of Secretaries (CoS) under the Chairmanship of Cabinet Secretary.

             The draft which saw widespread Public concern/panic cannot be pushed again without having passed the Constitutional Procedures laid down in our Democracy. This is the same Draft bill of the previous government and it was being pushed by UPA for election gains. The Bill was opposed by various segments of society including RSS and BJP and had International criticism on India for proposing such a draconian law. In spite of all the above, it is really hearbreaking that the New Government, under a dynamic leadership of PM Modi whose mantra has been “SABKA SAATH SABKA VIKAS” has not taken the TRANSPARENT route and is behaving similar to the  Congress led UPA Government that people of India did NOT choose to  re-elect.

GRAVE AND FAR REACHING SOCIAL AND ECONOMIC IMPLICATIONS OF THE PROPOSED MARRIAGE LAW (AMMENDMENT) 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.
• 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. [1]

2. SEVERE VIOLENCE AND SOCIAL UNREST IS HIGHLY PROBABALE

• 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 balck 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 Honourable 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.

FLAWS OF THE PROPOSED MARRIAGE LAW AMENDMENT BILL 2014:

1. The Bill, out-rightly violates the essence of Article 15 of Indian Constitution which prohibits discrimination against any citizen on the grounds of religion or gender. The Bill is also unconstitutional as it takes away the basic rights of husbands, even to defend him or save his marriage, whereas the very same Bill gives the same rights only to the wives.
2. In present bill the contribution, duration, assets and ability of female spouse and liabilities and ability of the male spouse is completely ignored.

• With latest Hindu Succession Act women is entitled to her share from her own property as a man is. There is no rational in why she should inherit from her in-laws too? What would happen to senior citizens if their son’s marriage is on rocks?

1. The bill essentially extends the “Financial Assistance” clause only to the wife, Cant a husband be poor and helpless as other sections of this act acknowledge.
2. The bill allows wife to use ‘Financial Hardship’ as an objection to block the divorce till her monetary demands are met, thereby legalizing extortion.
3. With this amendment, instead of letting the couple to arrive at a mutual consent it would only pressurize men to “pay and buy” a divorce, reducing the institution of marriage into “Glorified Prostitution” wives would misuse it for wrongful gains.

• While 70% of Indians need Food Security Bill, this amendment as a way to protect destitution of women is a logically flawed and essentially an eye wash.

OVERHAUL OF THE FAMILY LAWS IN INDIA IS NEEDED INSTEAD:

1. Hindu Marriage Act is conceived as an overall a gender neutral act and it must not me made gender biased in anyway.
2. The maintenance and alimony sections (HMA 24 and 25) must be brought up-to-date considering the enhanced education, earning capacity and women friendly work atmosphere in the country.
3. As women inherit the property from her own parents under the present laws, women being given any direct or indirect share in in-laws property is illogical and against natural justice.
4. Consideration of any property while determining Alimony should be as per the financial contribution by husband and wife.
5. In case of non-financial contribution, devise a formula to evaluate minimum duration of marriage for applicability of property division as well as devise a formula to evaluate the contribution.
6. Pre-Nuptial Agreements should be made legal so as not to make marriage a gamble for Indian citizen and containing the risk of (breakage of) a marriage.

ALTERNATES FOR ENSURING FINANCIAL ASSITANCE & EMPOWERMENT FOR DIVORCED SPOUSE:

Marriage is an institution which if it does not work should not be a punishment for one party (husband) and a reward for another (wife). To empower women in true form, work opportunity should be provided by the state for a woman who faces grave financial hardships; adequate measures should be devised to address it, instead of penalizing husband alone. We recommend the following measures to be strictly implemented:

• Hindu Marriage Succession Act of 2005 should be strictly implemented. The woman’s share in her parent’s property should be Suo Moto given to her either at the time of marriage or at the time of Divorce is filed in the court (by either party) if the party wishes.
• In cases of unemployed women or women with long career break, State should take the responsibility of providing employment and livelihood to divorced wife, Employment for Divorced wife in line of Mahatma Gandhi NREGA must be institutionalized. A Divorced Wife Welfare Fund may also be created for financial support to them in line of the Food Security Bill.

OUR OBJECTIONS AND DEMANDS:

1. By attempting to create draconian marriage breaking laws like Marriage Law (Amendment) Bill on one hand and to legalize prostitution on another, the government has made its intentions very clear on what it wants to do with the sacred Hindu Family. This bill needs to be immediately stopped and public opinion must be sought through an extensive public debate.
2. Issue the Draft for Public Opinion and responses on the Draft Bill and Involve stake holders of similar stature in drafting procedure and Initiate the process of formation of National Commission of Men involving bodies who have been working for Men for years to bring the equitable balance back into the society in terms of Laws and Law Making process.
3. Clause of exclusive litigation is a must and all other maintenance cases filed by the wife, like Sec 24, CrPC 125, DV etc., should not be allowed to continue, blocking the judicial dockets, as the relief sought in all of them, will also be available in this Bill only.
4. Include condition of finishing/quashing all litigation before divorce is granted so that both parties can live peacefully and that judicial burden can be reduced.

 

PRAYER:

Hon’ble Sir,

            The new government has enthused the nation by giving it a vision, courage to dream big and to have faith in its ability to achieve the same but all this would necessarily require a healthy society where the mind is fearless.

            We earnestly seek your immediate intervention since such half-baked hastily prepared formulations, sans due consultation, & based on unfounded prejudices, have the potential to grievously imperil the social fabric of the society. This is apart from the stupendous economic impact caused by the matrimonial disputes and their offshoots including criminal cases. It is well acknowledged that Indian laws, i.e., the legal framework has not kept pace with the times, is badly outdated and is designed more to benefit the legal fraternity than the litigating parties, howsoever pitiable and needy they may be. Strife and discord can only harm a society’s march towards improved quality of life.

Thanking You,

Anupam Dubey,

Chairman,

+91 98891 88810

[1]http://www.telegraph.co.uk/news/worldnews/asia/china/8714097/China-tries-to-stop-women-marrying-for-money-rather-than-love.html

Letter to Hon’ble Prime Minister to protest against IrBM

दिनांक: 24/11/2014

 सेवा में,

          श्रीमान प्रधानमंत्री महोदय,

          152, साउथ ब्लाक,

          रायसीना हिल,

          नई दिल्ली – 110011

विषय: विवाह (संशोधन) विधेयक के विरुद्ध आपत्तियां

श्रीमान जी,

दामन वेलफेयर सोसाइटी, 40 से ज़्यादा गैर-सरकारी संगठनो द्वारा चलाए जा रहे “सेव इंडियन फैमिली मूवमेन्ट” का हिस्सा है। यह आंदोलन, 2005 से निरंतर, एक संतुलित समाज और परिवारों में सद्भाव बनाए रखने की दिशा में कार्यरत है। पिछले 10 सालों में करोड़ों परिवारों की मदद की है और कई परिवारों को टूटने से बचाया है।

समाचार रिपोर्टों एवं हमारे द्वारा कानून मंत्रालय के विधायी विभाग में फोन पर हुई बातचीत से यह संज्ञान में आया कि भारत सरकार इसी शीतकालीन सत्र में एक नया कानून, विवाह (संशोधन) विधेयक पेश करने जा रही है और इस विधेयक के मसौदे के माध्यम से हिन्दू विवाह अधिनियम, 1955 एवं विशेष विवाह अधिनियम में संशोधन करना चाहती है।

इस पत्र के माध्यम से हम विवाह (संशोधन) विधेयक के लिये अपनाई गयी प्रक्रिया के विरुद्ध कड़ी आपत्ति दर्ज कराना चहते हैं।

हम आपके संज्ञान में यह लाना चाहते हैं कि:

1)          यह वही कानूनी मसौदा है जो पिछली सरकार के कार्यकाल में भी सूर्य के प्रकाश से वंचित रहा था क्योकि तब भाजपा को बिलकुल सही एहसास हो गया था कि यह कानून हिंदू परिवारों एवं हिंदू पुरुषों के लिये कितना विनाशकारी है।

2)          यह वही कानूनी मसौदा है जिसे समाज के विभिन्न वर्गों में नकार दिया गया था और जिसकी वजह से, गलत कारणों से ध्यान आकर्षित होने के कारण भारत की क्षमताओं के प्रति व्यापक अंतर्राष्ट्रीय संदेह का माहौल बना था।

3)          अंतर्राष्ट्रीय स्तर पर, इसी तरह के कानूनो में संपत्ति विभाजन विशुद्ध रूप से संपत्ति में व्यक्ति के वित्तीय योगदान, विवाह की अवधि और दोनों पक्षों के आचरण के आधार पर ही आधारित होता है। यूपीए सरकार ने कुछ पुरुष-विरोधी संगठनों के दबाव में आकर, जल्दबाजी में एक गलत विधेयक का प्रस्ताव रखा, जिसके उपरान्त भाजपा ही हिंदू पुरुषों के बचाव के लिए आयी थी।

4)          भाजपा को इस विधेयक से अर्थव्यवस्था और परिवार प्रणाली के प्रति खतरों का एहसास हुआ:

1)          हिन्दू पुरुष संपत्ति खरीदना बंद कर देंगे और इससे अर्थव्यवस्था को आघात होगा।

2)          हिन्दू पुरुष शादी करना बंद कर देंगे जिससे हिन्दू जनसंख्या में गिरावट आयेगी।

3)          हिन्दू पुरुष मजबूरन या तो अपनी बहनों से शादी करेंगे या धर्म परिवर्तन करेंगे।

4)          पतियों की आत्महत्या की दर जो कि भारत में सर्वाधिक है, और बढ़ेगी।

5)          पूर्व एवं वर्तमान विधेयक, संवैधानिक रूप से गलत हैं क्योकि उनका मसौदा माननीय उच्चतम न्यायालय के दिशा निर्देशों के बिलकुल अलग है। माननीय उच्चतम न्यायालय ने शादी के असाध्य रुप से टूटने की स्थिति में विवाह विच्छेदन हेतु कानून बनाने के लिये दिशा निर्देश दिये थे ना कि संपत्ति विभाजन के लिये।

6)          पूर्व एवं वर्तमान विधेयक, संवैधानिक रूप से गलत हैं क्योकि यह केवल महिला कल्याण मंत्रालय और राष्ट्रीय महिला आयोग के सुझावों के अनुसार है और पुरुषों की पूर्ण रूप से उपेक्षा करता है, जबकि पुरुष भी विवाह कानूनों में किसी भी परिवर्तन से समान रूप से प्रभावित होते है।

7)          पूर्व एवं वर्तमान विधेयक, संवैधानिक रूप से गलत हैं क्योकि यह लिंग-भेद रहित हिन्दू विवाह अधिनियम को पुरुष विरोधी भी बनाता है।

यह चौंकाने वाली बात है कि ऊपर वर्णित वास्तविकताओं के बावजूद, एक प्रभावशाली नेतृत्व में एक दूरदर्शी सरकार ने भी इस विधेयक के लिये पूर्व सरकार द्वारा अपनाया गया मार्ग ही चुन लिया।

इस पत्र के माध्यम से, विधायी विभाग के वर्त्मान मसौदा तैयार करने में, किये हुए स्पष्ट उल्लंघन भी हम आपके संज्ञान में लाना चाहते हैं। 10 जनवरी 2014 को निर्धारित Pre-Legislative Consultation Policy (PLCP) के अनुसार यह निर्णीत हुआ था कि:

 “The Department/Ministry concerned should publish/place in public domain the draft legislation or at least the information that may inter alia include brief justification for such legislation, essential elements of the proposed legislation, its broad financial implications, and an estimated assessment of the impact of such legislation on environment, fundamental rights, lives and livelihoods of the concerned/affected people, etc. Such details may be kept in the public domain for a minimum period of thirty days for being proactively shared with the public in such manner as may be specified by the Department/Ministry concerned.”

हम आपका ध्यान एक अधिसूचना, D.O. No. 11(35)/2013-L.I., तारीखी 5 फ़रवरी 2014 की ओर आकर्षित करना चाहते है, जो कि यह सुनिश्चित करता है कि मंत्रालय, विधेयक के मसौदे को पब्लिक डोमेन में कम से कम 30 दिनों के लिये प्रकाशित करें और प्रभावित लोगों को सूचित करें। दुर्भाग्यवश, वर्तमान मसौदा स्पष्ट रूप से कैबिनेट सचिव की अध्यक्षता में सचिवों की समिति (CoS) द्वारा निर्धारित इस बहुत ही महत्वपूर्ण प्रावधान/प्रक्रिया का उल्लंघन करता है।

हम यहाँ यह भी निवेदन करना चाहते हैं कि कोई प्रक्रिया अपनाने के बाद यदि विधेयक निरस्त होता है तो वही प्रक्रिया किसी भी समान मसौदे वाले कानून के लिये लागू नहीं कर सकते और इसीलिए एक मसौदा जिससे बड़े पैमाने पर सार्वजनिक चिंताओं/आशंकाओं का जन्म होता हो, उसे लोकतंत्र में निर्धारित संवैधानिक प्रक्रियाओं को तिलांजली देकर आगे नहीं बढ़ाया जा सकता।

इस पत्र के माध्यम से हम आपसे निवेदन करते हैं कि:

1)          विवाह (संशोधन) विधेयक की प्रक्रिया को तत्काल रोकें, क्योंकि यह भारतीय लोकतंत्र में नागरिकों के मौलिक अधिकारों का उल्लंघन करता है।

2)          विधेयक के मसौदे पर जनता की राय और प्रतिक्रिया के लिये एक ड्राफ्ट मसौदा प्रकाशित करें।

3)          मसौदा तैयार करने की प्रक्रिया में हर पक्ष की हिस्सेदारी होनी चाहिये, अर्थात, अगर पुरुषों की ओर से कोई राष्ट्रीय पुरुष आयोग नहीं है तो महिलाओं की ओर से भी महिला कल्याण मंत्रालय या राष्ट्रीय महिला आयोग को भी भाग लेने की अनुमति नहीं होनी चाहिये।

4)          पुरुषों के लिये काम करने वाले संगठनो को साथ लेकर ’राष्ट्रीय पुरुष आयोग’ के गठन की प्रक्रिया आरम्भ करें, ताकि कानूनों और कानून बनाने की प्रक्रिया के संदर्भ में, समाज में न्यायसंगत संतुलन वापस आ सके।

5)          एक संसदीय समिति का गठन कर मसौदे पर पुनर्विचार करें और देखें कि क्या ऐसे किसी कानून की आवश्यकता है भी, क्या ये माननीय उच्चतम न्यायालय के दिशा निर्देशों के अनुसार है या केवल कुछ इच्छुक पुरुष-विरोधी पार्टियों के दबाव में ही बनाया जा रहा है।

आपके द्वारा मदद व समर्थन, तथा हमारी प्रार्थना अनुसार तत्काल कार्यवाही की अपेक्षा में…

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