NOTA For Men Rights
Today, more and more cases are coming to light where women are seen misusing their empowered and enhanced social, educational, economic, and cultural power and authority and even the legal rights bestowed to them as women for improper ends and are harassing men as well as women who are the near ones. It is enshrined under Article 14 of our Constitution (Equality before law: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) provides direction that two persons harassed and solely because of their gender (one a female harassed by a male and another a male harassed by a female) cannot be deferentially treated under the law. These cases are highly critical and life-changing for the men who have to endure the excruciating pain of going through the media trial, society trial well, and legal trial. Though they may get acquitted in a legal trial, the hardships they had to go through and the societal judgment of them alter the fabric of their life forever. However, the lady making a false complaint is hardly ever prosecuted for the lack of proper provisions and statutes and absolutely no redress for men in the form of a committee or commission.
There have been numerous cases where a false case of 498a (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) is slapped by a “disgruntled” wife, roping in the entire family of the man. Even the Supreme Court has called this “Legal Terrorism” and in Arnesh Kumar vs State of Bihar and Another (Criminal Appeal No. 1277 OF 2014, Special Leave Petition (crim) No.9127 of 2013) SC states as follows-“The fact that Section 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) is a cognizable and non-bailable offence has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives. The simplest way to harass is to get the husband and his relatives arrested under this provision. In quite several cases, bed-ridden grand-fathers and grand-mothers of the husbands, their sisters living abroad for decades are arrested.”
In most of the custody cases in India, due to the patriarchal mindset of our legal luminaries, consider the father not capable of nurturing the child. However, due to the changing realities of our times, more and more women are going outside their homes to earn a living, as do men. In a nuclear family, a father’s involvement in the care and upbringing cannot be undermined, and simply ignoring the father while providing custody increases the rate of “Father Alienation” in the children of separated parents. In the US, reported statistics tell that Children from fatherless homes are:
- 5 times more likely to commit suicide
- 32 times more likely to run away from home.
- 20 times more likely to have behavioural disorders
- 14 times more likely to commit rape.
- 9 times more likely to drop out of high school.
- 10 times more likely to abuse chemical substances (become drug addicts)
- 9 times more likely to end up in a state-operated institution
- 20 times more likely to end up in prison.
- 3 million teenage girls have sexually transmitted diseases
- At least 1 out of 4 teenagers (between 14years to 19years) suffers from sexually transmitted diseases.
Thus there is a strong need for:
Misuse Clause in all Women Centric Laws including 498a (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023), PWDVA, 354, 376 etc. 2. Shared Parenting based on equal rights of both parents 3. Committee or Commission for redress of men’s issues
We have approached all major political parties, including Aam Aadmi Party (AAP) and their elected and committee members. However, they have yet to raise their voices for Men and their issues concerning women. Every political party is aware of women’s misuse of the law, but due to vote bank politics and pressure groups from women, it seems highly unlikely that they will ever be supporting our cause. Therefore, I Voted for NOTA with my family and friends and will continue to do so…
हाथ जिन में हो जुनून कटते नही तलवार से, सर जो उठ जाते हैं वो झुकते नहीं ललकार से और भड़केगा जो शोला-सा हमारे दिल में है, सरफ़रोशी की तमन्ना अब हमारे दिल में है…
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