Posted: Thursday , Jan 22, 2009 at 1002 hrs
Australia's Prime Minister joined Muslim leaders on Thursday in condemning a cleric's comments that husbands are entitled to smack disobedient wives and force them to have sex.
Samir Abu Hamza made the contentious comments in Sydney during a lecture in 2003, but they were first reported Thursday after they appeared in a video posted on the Internet.
During the lecture on marriage delivered to a male audience, Hamza - who has previously had no national profile – ridiculed Australian law that regards forced sex within marriage as rape.
"Amazing, how can a person rape his wife?" Hamza said, adding that wives must immediately respond to their husbands' sexual demands.
He also said a man was entitled to use limited force as a last resort to punish a disobedient wife. "After you have advised them for a long, long time, then you smack them, you beat them and - please brothers, calm down – the beating that the Muhammad showed is like the toothbrush that you use to brush your teeth."
"You are not allowed to bruise them; you are not allowed to make them bleed," Hamza said. "You don't go and grab a broomstick and say that is what Allah has said."
Hamza could not be contacted for comment Thursday at the Islamic centre he runs in the southern city of Melbourne. Thursday's edition of the Herald Sun newspaper quoted Hamza as saying he stood by his recorded comments.
While Australia is a relatively tolerant and multicultural society, ethnic and religious rifts occasionally flare, with the treatment of women under Islam a flashpoint in this majority-Christian nation.
Prime Minister Kevin Rudd condemned Hamza's comments, saying violence toward women was permissible "under no circumstances." "Australia will not tolerate these sort of remarks," Rudd told reporters. "They don't belong in modern Australia, and he should stand up, repudiate them, and apologize."
Joumanah El Matrah, the executive of the Islamic Women's Welfare Council of Victoria state, said Hazma's comments were "a grossly inappropriate representation of both the Quran and Muslim views on violence, both in wife beating and rape."
"I don't like to use the word extremism, but certainly his views are outdated and a minority view that is insistent on seeing women as less human than men," she said.
Sherene Hassan, the vice president of the Islamic Council of Victoria, said research has found that some imams in Australia share Hamza's stance on domestic violence. She said the council will hold a series of workshops aimed at changing those views.
Conflicts between mainstream Australia and its fast-growing Muslim minority, who number 400,000 in a population of 21 million, have gained a higher profile in recent years.
Australia's former mufti, Sheik Taj Aldin al-Hilali, created a furore in 2006 which split the Islamic community with a lecture in Sydney in which he compared women who do not wear head scarves to "uncovered meat" and said immodestly dressed women invite rape.
Tensions between Muslim and non-Muslim youths erupted into days of rioting at Sydney's Cronulla beach in late 2005.
Mr.Rebates
Sunday, February 21, 2010
Interpol stops issuing notices
This must be a real dreadful pity for the corrupted Indian Police force, finally even Interpol has caught on to their game of making money from Innocent Indian citizens in Matrimonial disputes turned sour. It is real disgusting how these so called IPS offices who are suppose to be the upholders of law and order can stoop so low as to act in such demeaning and dispical manner. AP's failed IGP should hang his head in shame for two reasons, one for failing to protect the former CM and for his betrail of the people of India who put him in power, he should be dismissed while he can with some sence of shame, or sooner or later face dismissal in disgrace.
Look below for Interpols address and please write to them regarding the abuse by the Indian Police for the issue of Red Corner Notices against Innocent husbands by there 498a wifes to seek vengence.
Quoting from McBeth by Shakespere,
"Absolute Power Corrupts Absolutly."
April 22nd, 2009
By Our Correspondent
Hyderabad
April 21: Interpol, which issues Red Corner notices to arrest criminals all over the world, has stopped issuing notices pertaining to Section 498(A) (dowry harassment) cases registered in India. There are about 3,000 requests for red corner notices from Indian government pending with Interpol.
The inspector-general of CID, Mr S. Umapathi, said there are as many as 120 cases from Andhra Pradesh pending with Interpol for the past eight months.
Sources in the CBI said Punjab tops the list with nearly 300 cases.
According to sources, there is no law pertaining to dowry harassment in US and other developed countries and hence the Interpol is in dilemma whether they can issue Red Corner notice based on the Indian law.
“The mater has been discussed with US embassy officials recently. However, there was no improvement in the status,” Mr Umapathi said. “There was no delay in other criminal cases,” he added.
The external affairs ministry had sent several representations to Interpol explaining the seriousness of the cases booked under Section 498 (A). However it failed to get any positive response from them.
Write to Interpol:
1. Commission for the Control of Interpol’s Files
200 Quai Charles de Gaulle
69006 LYON – France
2. INTERPOL-United States National Central Bureau — Requests for INTERPOL-United States National Central Bureau records should be addressed to:
Dorothy S. Beaty
FOIA/PA Specialist
Office of General Counsel
INTERPOL-United States National Central Bureau
Department of Justice
Washington, DC 20530-0001
(202) 616-9000
Interpol is just an organisation and has no legal judiciary of the people living in US (irrespective of their status-H1/B1/L1/F1/H4/green card/citizen), so folks dont worry and loose your sleep on this minute feud, irrespective of your US status, if your are on H-1 your green card proceedings wont get effected due to 498A Interpol RCN.
The following ruling pertains to extraditing an Indian citizen from India based just on an Interpol Red Corner Notice without the foreign government having issued a request for extradition.
In its present form, it would not apply to a foreign citizen hiding in India (several of whom have been extradited) or an Indian citizen hiding abroad against whom a RCN has been issued.
“the Supreme Court has ruled that an Indian citizen locked in a “matrimonial dispute” cannot be extradited to another country, as a “matrimonial dispute does not constitute an extraditable offence.”
(This sounds a bit hypocritical on behalf of the Indian government, on one side they say Indian nationals can not be extridited since Matirmonial disputes dont constitute a extraditable offence, yet on the other hand they want NRI's to be extridited and Red Coner Notices issued for Matirmonial disputes in India eg. 498a. Now if this isnt hypocritical I dont know what is?)
The apex court recognised that the husband violated US laws. “The husband came to India with the child in 2006 and in violation of US custody orders.” But the SC held that merely the issuing of a “Red Corner” notice by a court abroad doesn’t mean the arrest of the person is required. The foreign government needs to issue a request for extradition, which hasn’t been done in this case.”
Look below for Interpols address and please write to them regarding the abuse by the Indian Police for the issue of Red Corner Notices against Innocent husbands by there 498a wifes to seek vengence.
Quoting from McBeth by Shakespere,
"Absolute Power Corrupts Absolutly."
April 22nd, 2009
By Our Correspondent
Hyderabad
April 21: Interpol, which issues Red Corner notices to arrest criminals all over the world, has stopped issuing notices pertaining to Section 498(A) (dowry harassment) cases registered in India. There are about 3,000 requests for red corner notices from Indian government pending with Interpol.
The inspector-general of CID, Mr S. Umapathi, said there are as many as 120 cases from Andhra Pradesh pending with Interpol for the past eight months.
Sources in the CBI said Punjab tops the list with nearly 300 cases.
According to sources, there is no law pertaining to dowry harassment in US and other developed countries and hence the Interpol is in dilemma whether they can issue Red Corner notice based on the Indian law.
“The mater has been discussed with US embassy officials recently. However, there was no improvement in the status,” Mr Umapathi said. “There was no delay in other criminal cases,” he added.
The external affairs ministry had sent several representations to Interpol explaining the seriousness of the cases booked under Section 498 (A). However it failed to get any positive response from them.
Write to Interpol:
1. Commission for the Control of Interpol’s Files
200 Quai Charles de Gaulle
69006 LYON – France
2. INTERPOL-United States National Central Bureau — Requests for INTERPOL-United States National Central Bureau records should be addressed to:
Dorothy S. Beaty
FOIA/PA Specialist
Office of General Counsel
INTERPOL-United States National Central Bureau
Department of Justice
Washington, DC 20530-0001
(202) 616-9000
Interpol is just an organisation and has no legal judiciary of the people living in US (irrespective of their status-H1/B1/L1/F1/H4/green card/citizen), so folks dont worry and loose your sleep on this minute feud, irrespective of your US status, if your are on H-1 your green card proceedings wont get effected due to 498A Interpol RCN.
The following ruling pertains to extraditing an Indian citizen from India based just on an Interpol Red Corner Notice without the foreign government having issued a request for extradition.
In its present form, it would not apply to a foreign citizen hiding in India (several of whom have been extradited) or an Indian citizen hiding abroad against whom a RCN has been issued.
“the Supreme Court has ruled that an Indian citizen locked in a “matrimonial dispute” cannot be extradited to another country, as a “matrimonial dispute does not constitute an extraditable offence.”
(This sounds a bit hypocritical on behalf of the Indian government, on one side they say Indian nationals can not be extridited since Matirmonial disputes dont constitute a extraditable offence, yet on the other hand they want NRI's to be extridited and Red Coner Notices issued for Matirmonial disputes in India eg. 498a. Now if this isnt hypocritical I dont know what is?)
The apex court recognised that the husband violated US laws. “The husband came to India with the child in 2006 and in violation of US custody orders.” But the SC held that merely the issuing of a “Red Corner” notice by a court abroad doesn’t mean the arrest of the person is required. The foreign government needs to issue a request for extradition, which hasn’t been done in this case.”
Misuse Of Laws concerning Indian families -
Misuse Of Laws concerning Indian families - Part 1
Part 2
Part 3
Part 4
Part 5
Part; 6
Part 2
Part 3
Part 4
Part 5
Part; 6
Impact of Divorce on men-Lok sabha tv
Part1/6-Impact of Divorce on men-Lok sabha tv-21jan2010-Save Indian family foundation-1
Part-2/6
Part-3/6
Part-4/6
Part-5/6
Part-6/6
Part-2/6
Part-3/6
Part-4/6
Part-5/6
Part-6/6
Online RTI applications for NRIs!
New Delhi, Feb 14, (PTI):
To make it easy for NRIs to file RTI applications, the Ministry of Overseas Indian Affairs has asked government departments to provide a link on their websites for receiving online applications and appeals.
The ministry has written to Department of Personnel and Training, nodal department for RTI affairs and Ministry of External Affairs to make guidelines in this regard and make necessary changes in the Act. Its website has a link facilitating reception of online applications.
According to the proposal mooted by the ministry, an NRI will now be able to deposit Rs 10 as RTI fee in the equivalent local currency at the Indian Mission abroad and send their application through email to the concerned public information officer informing about deposit of fee.
"NRIs (Non-Resident Indians) are entitled to seek information from Ministries/Departments of Government of India/States under the RTI Act. In the absence of appropriate arrangement of deposit of requisite fee, they are finding it difficult to seek information," G Gurucharan, Joint Secretary at the Ministry of Overseas Indian Affairs wrote to DoPT.
It was a difficult task for the NRIs to file RTI applications seeking information as there is no mechanism for online applications. The deposit of fee was also a difficult matter as there is no provision in the Act for submitting it in the currency of any other country.
Now, NRIs submit their RTI applications at Indian missions abroad which forward it to officials concerned but fee was accepted only in Indian currency. The fee can be paid either in cash or in valid instruments like postal order, demand draft etc.
It was difficult for NRIs to arrange such instrument abroad leaving them no option but to physically go to the Indian mission and submit fee in cash along with application. An RTI applicant Commodore Lokesh Batra made a complaint before the Central Information Commission highlighting the plight of NRIs.
Batra had also raised the issue during the annual convention convened by the Commission in October last year which elicited positive reaction from activists and commissioners. After getting complaint from Batra, the Commission had sought views of the Ministry of Overseas Affairs and Ministry of External Affairs.
The Ministry of Overseas Affairs in its submission said, "payment of fee for seeking information has to be decided by the Ministry of External Affairs...As regards first and second appeal from abroad, matter has been taken up with the Department of Personnel and Training".
To make it easy for NRIs to file RTI applications, the Ministry of Overseas Indian Affairs has asked government departments to provide a link on their websites for receiving online applications and appeals.
The ministry has written to Department of Personnel and Training, nodal department for RTI affairs and Ministry of External Affairs to make guidelines in this regard and make necessary changes in the Act. Its website has a link facilitating reception of online applications.
According to the proposal mooted by the ministry, an NRI will now be able to deposit Rs 10 as RTI fee in the equivalent local currency at the Indian Mission abroad and send their application through email to the concerned public information officer informing about deposit of fee.
"NRIs (Non-Resident Indians) are entitled to seek information from Ministries/Departments of Government of India/States under the RTI Act. In the absence of appropriate arrangement of deposit of requisite fee, they are finding it difficult to seek information," G Gurucharan, Joint Secretary at the Ministry of Overseas Indian Affairs wrote to DoPT.
It was a difficult task for the NRIs to file RTI applications seeking information as there is no mechanism for online applications. The deposit of fee was also a difficult matter as there is no provision in the Act for submitting it in the currency of any other country.
Now, NRIs submit their RTI applications at Indian missions abroad which forward it to officials concerned but fee was accepted only in Indian currency. The fee can be paid either in cash or in valid instruments like postal order, demand draft etc.
It was difficult for NRIs to arrange such instrument abroad leaving them no option but to physically go to the Indian mission and submit fee in cash along with application. An RTI applicant Commodore Lokesh Batra made a complaint before the Central Information Commission highlighting the plight of NRIs.
Batra had also raised the issue during the annual convention convened by the Commission in October last year which elicited positive reaction from activists and commissioners. After getting complaint from Batra, the Commission had sought views of the Ministry of Overseas Affairs and Ministry of External Affairs.
The Ministry of Overseas Affairs in its submission said, "payment of fee for seeking information has to be decided by the Ministry of External Affairs...As regards first and second appeal from abroad, matter has been taken up with the Department of Personnel and Training".
SPEECH OF THE HON'BLE PRESIDENT OF INDIA, AT THE NATIONAL CONFERENCE OF LADY LAWYERS AND LADY TEACHERS, AT YAVATMAL
President of India drilling in the Feminazi Manifesto, read on and see this real Bull Session. Is this what the Honest Indian Tax Payer gets for their hard earned money? This is a true waste of Tax money at work.
Sad state of fact, this article is found on the PRESIDENT OF INDIA's Official Website, if this is not abuse of power I dont know what is?
Please tell me why the President of India would address an audience of Lady Lawyers and Lady Teachers, with, "Ladies and Gentlemen?" (This is the only Gender neutral part of the entire speech)
This itself tells you she never wrote nor read the speech before address the audience, pathetic to say the least, or she is oblivious to the fact only Women would be in attendence.
Or maybe this is a fact that it is about time someone younger and more in with the times takes over instead of a near Octogenarian.
YAVATMAL, DECEMBER 26, 2008
Ladies and Gentlemen,
I am happy to inaugurate the National Conference of Lady Lawyers and Lady Teachers on Justice for Women. I am particularly happy to be amidst you all, as it reinforces my linkage with the legal profession. I congratulate the Vidya Prasharak Mandal for their laudable effort in providing a platform to so many trained legal minds in charting out a roadmap for a more gender sensitive and responsive judicial system.
Equality and justice for women was envisioned by the leaders of our freedom movement as part and parcel of the larger movement for social and political liberation. Mahatma Gandhi opined, "I am uncompromising in the matter of women's rights. In my opinion, she should labour under no legal difficulty not suffered by men. They can no longer be treated as dolls or slaves without the social body remaining in a condition of social paralysis."
The founding fathers of our Constitution through the instrumentalities of Fundamental Rights and Directive Principles laid the foundation for a gender-just society. Later, the Constitution was amended making it a Fundamental Duty to renounce practices derogatory to the dignity of women.
Post-Independence, the pro-women leanings in our constitutional philosophy inspired the enactment of welfare legislations, which sought to end exploitative practices which reinforced the subordinate status of women in society. To mention some noteworthy legislations we have the SITA Act; the Special Marriage Act; the Dowry Prohibition Act; the Sati Prevention Act, the Maternity Benefit Act; the Factories Act; the Equal Remuneration Act; the Indecent Representation of Women (Prevention) Act, 1986 and provisions in the IPC to deal with obscenity etc.
The recently enacted Domestic Violence Act, 2005 addresses the right of women to live in a domestic atmosphere not violative of woman's dignity. The Hindu Succession Amendment Act deleted the gender discriminatory clause to rectify the gender imbalance in inheritance rights. The path-breaking 73rd and 74th Amendments by providing ensured representation for women in urban and rural local bodies have enabled public decision-making by the hitherto marginalized and suppressed humanity of women in India.
Rules of evidence and procedure have also been moulded to lean in favour of women in issues like property ownership, inheritance, succession, marriage and divorce, maintenance, guardianship, custody and adoption.
Today, our women are competing on an equal footing with men. Their exclusion from professions hitherto viewed as male preserves have become relics of the past. With their talent, acumen, intellect, skill and capacity for hard work, Indian women have gained prominence as legal practitioners whether in the Bench or the Bar. The presence of so many women lawyers amidst us here is adequate testimony. It is equally heartening to note the presence of young lady lawyers, since junior members in any profession constitute the core and strength of their profession, as they are the giants of tomorrow. It is a matter of pride that in India, law schools are welcoming girls with open arms and they are joining with undiluted zeal. That women are coming forward in large numbers and effectively discharging their roles as responsible citizens of the country is immensely satisfying.
We have come a long way since the epoch making event in 1921, when Cornellia Sorabjee was the first Indian lady to be admitted to the Bar. I understand that out of around 609 Judges actually positioned in various High Courts, 44 are women and one High Court is presently headed by a woman. We had 3 women judges in the Supreme Court in the past. Clothed in the finest traditions of jurisprudence, our women lawyers have proved themselves to be able partners in the justice delivery system. As the entire womanhood sees what a critical mass of woman can do, there will be more women actively stepping out and doing things. Of course there is still a pressing need for scaling up the presence of woman judges and law officers at all levels and I hope that problems coming in the way will find quick solutions.
Now, speaking about gender justice, the question before us is whether the stand-alone presence of the wide-ranging laws in our legal landscape can sufficiently ensure gender-justice. All of us here will agree that law is only one of the many methods through which gender justice can be guaranteed and has its own share of limitations in stamping out subordination and suppression of women in absolute terms. To ensure that the promise of law is translated into actual practice, civil society groups especially lawyers must be vigilant that the provisions of law are implemented effectively and fairly with the right modicum of sensitivity towards women. The intent of some laws have suffered because of poor and faulty implementation. The Pre- Natal Diagnostic Techniques Act is a living example. Enacted in 1996, it saw the first conviction in 2006 after 10 long years. Such disturbing revelations need prompt remedy.
Another disquieting trend has been that women themselves have not been innocent of abusing women. At times women have played an unsavory, catalytic role in perpetrating violence whether against the daughter-in-law, the mother-in-law or female domestic helps. Instances exist whereby protective legal provisions for the benefit of women have been subjected to distortion and misuse to wreak petty vengeance and to settle scores. Some surveys have concluded that 6 to 10 percent of dowry complaints are false and were registered primarily to settle scores. It is unfortunate if laws meant to protect women get abused as instruments of oppression. The bottom-line therefore, is the fair invocation of legal provisions and their objective and honest implementation.
For a large majority of Indian women, suffering is often silent and invisible. Hence, for gender-equity laws to make real sense, the victims must be made aware that they are victims and that there is a law to stop such suffering and punish the guilty. This journey, which connects the real edifice of law and legal structures to the lives of marginalized women, is to my mind the most daunting challenge. Women must be made aware that the legal landscape is a constructive negotiating tool to enrich their lives. We have to reach out to the mass of women and convince them that the legal domain which appears distant, intimidating and imposing, is not so but is actually designed to help them. Aggrieved women often find greater solace, comfort, ease and confidence in seeking redressal through women lawyers. This impels the need for more and more women to join the legal profession.
I would like to particularly draw your attention to the phenomena of female foeticide, one of the most pernicious and inhuman forms of crime. It is incumbent on us to focus our collective energy on how women can take the lead through positive decision-making for achieving socially desirable parameters.
Discrimination against women cuts across boundaries of religions, culture and income groups. The pattern and forms of neglect may vary, but the motive is to willy-nilly maintain male hegemony at the cost of disempowering women. Women make up half of the population and have a right to be included and respected in all important decisions which affect not only their lives but also affairs involving national interests. It is therefore important for collective platforms like this to explore how best to reshape the attitudes and perceptions of our youth to advocate gender relationship based on equal respect, free from the shackles imposed by traditional custom, belief and practice.
The importance of the workplace is no less significant. Women have battled many a traditional prejudice to emerge in leadership positions in the professional world. Yet in terms of numerical strength, women are disadvantageously placed. The iniquitous power relationship between men and women have to be analyzed and critiqued within civil society to impart the right meaning and right spirit to the concept of gender justice. More pro-active efforts are required to create a gender-neutral work place. Positive change in the mindset of both men and women for this purpose is therefore an imperative necessity.
Let me put in a word of caution and sage counsel. Empowerment does not mean setting women against men. Gender injustice cannot and should not be perceived as war or rivalry between the two sexes. It means making both men and women realize the changing roles and status of the two sexes and develop a consensus for harmonious living and mutual dependence in the context of an egalitarian society.
As members of the Bar, I urge you all to recognize practices and principles of justice, equity and good conscience. Lawyers are the trustees of justice and the custodian of law for us all. The legal profession is an ancient and an honorable profession and is respected as a privileged vocation. With privilege comes the onerous responsibility of using law to further the cause of social good and to better the lives of all so as to uphold the majesty of law in all its magnificence. I would like to exhort the community of women lawyers to devote time and energy to start legal-aid clinics to secure legal services not only for women, but for all those people who are helpless, deprived and despondent.
The need of the hour for my women lawyer friends gathered here is to drive positive reform and quality in the profession, secure the progress of the nation, help in building up a just and benevolent society, render the greatest good for the greatest numbers and especially for the deprived and the indigent in the largest measure. This should be the ultimate aim and obligation of each lawyer here. As women lawyers, you will get countless opportunities, where by your professional commitment, you can keep injustice at the periphery and make justice the core of this country's soul. Let your actions be guided by how you wish history to chronicle your success. I look forward to the downtrodden women of the country being beneficiaries of your dedication.
Thank You.
JAI HIND !
Sad state of fact, this article is found on the PRESIDENT OF INDIA's Official Website, if this is not abuse of power I dont know what is?
Please tell me why the President of India would address an audience of Lady Lawyers and Lady Teachers, with, "Ladies and Gentlemen?" (This is the only Gender neutral part of the entire speech)
This itself tells you she never wrote nor read the speech before address the audience, pathetic to say the least, or she is oblivious to the fact only Women would be in attendence.
Or maybe this is a fact that it is about time someone younger and more in with the times takes over instead of a near Octogenarian.
YAVATMAL, DECEMBER 26, 2008
Ladies and Gentlemen,
I am happy to inaugurate the National Conference of Lady Lawyers and Lady Teachers on Justice for Women. I am particularly happy to be amidst you all, as it reinforces my linkage with the legal profession. I congratulate the Vidya Prasharak Mandal for their laudable effort in providing a platform to so many trained legal minds in charting out a roadmap for a more gender sensitive and responsive judicial system.
Equality and justice for women was envisioned by the leaders of our freedom movement as part and parcel of the larger movement for social and political liberation. Mahatma Gandhi opined, "I am uncompromising in the matter of women's rights. In my opinion, she should labour under no legal difficulty not suffered by men. They can no longer be treated as dolls or slaves without the social body remaining in a condition of social paralysis."
The founding fathers of our Constitution through the instrumentalities of Fundamental Rights and Directive Principles laid the foundation for a gender-just society. Later, the Constitution was amended making it a Fundamental Duty to renounce practices derogatory to the dignity of women.
Post-Independence, the pro-women leanings in our constitutional philosophy inspired the enactment of welfare legislations, which sought to end exploitative practices which reinforced the subordinate status of women in society. To mention some noteworthy legislations we have the SITA Act; the Special Marriage Act; the Dowry Prohibition Act; the Sati Prevention Act, the Maternity Benefit Act; the Factories Act; the Equal Remuneration Act; the Indecent Representation of Women (Prevention) Act, 1986 and provisions in the IPC to deal with obscenity etc.
The recently enacted Domestic Violence Act, 2005 addresses the right of women to live in a domestic atmosphere not violative of woman's dignity. The Hindu Succession Amendment Act deleted the gender discriminatory clause to rectify the gender imbalance in inheritance rights. The path-breaking 73rd and 74th Amendments by providing ensured representation for women in urban and rural local bodies have enabled public decision-making by the hitherto marginalized and suppressed humanity of women in India.
Rules of evidence and procedure have also been moulded to lean in favour of women in issues like property ownership, inheritance, succession, marriage and divorce, maintenance, guardianship, custody and adoption.
Today, our women are competing on an equal footing with men. Their exclusion from professions hitherto viewed as male preserves have become relics of the past. With their talent, acumen, intellect, skill and capacity for hard work, Indian women have gained prominence as legal practitioners whether in the Bench or the Bar. The presence of so many women lawyers amidst us here is adequate testimony. It is equally heartening to note the presence of young lady lawyers, since junior members in any profession constitute the core and strength of their profession, as they are the giants of tomorrow. It is a matter of pride that in India, law schools are welcoming girls with open arms and they are joining with undiluted zeal. That women are coming forward in large numbers and effectively discharging their roles as responsible citizens of the country is immensely satisfying.
We have come a long way since the epoch making event in 1921, when Cornellia Sorabjee was the first Indian lady to be admitted to the Bar. I understand that out of around 609 Judges actually positioned in various High Courts, 44 are women and one High Court is presently headed by a woman. We had 3 women judges in the Supreme Court in the past. Clothed in the finest traditions of jurisprudence, our women lawyers have proved themselves to be able partners in the justice delivery system. As the entire womanhood sees what a critical mass of woman can do, there will be more women actively stepping out and doing things. Of course there is still a pressing need for scaling up the presence of woman judges and law officers at all levels and I hope that problems coming in the way will find quick solutions.
Now, speaking about gender justice, the question before us is whether the stand-alone presence of the wide-ranging laws in our legal landscape can sufficiently ensure gender-justice. All of us here will agree that law is only one of the many methods through which gender justice can be guaranteed and has its own share of limitations in stamping out subordination and suppression of women in absolute terms. To ensure that the promise of law is translated into actual practice, civil society groups especially lawyers must be vigilant that the provisions of law are implemented effectively and fairly with the right modicum of sensitivity towards women. The intent of some laws have suffered because of poor and faulty implementation. The Pre- Natal Diagnostic Techniques Act is a living example. Enacted in 1996, it saw the first conviction in 2006 after 10 long years. Such disturbing revelations need prompt remedy.
Another disquieting trend has been that women themselves have not been innocent of abusing women. At times women have played an unsavory, catalytic role in perpetrating violence whether against the daughter-in-law, the mother-in-law or female domestic helps. Instances exist whereby protective legal provisions for the benefit of women have been subjected to distortion and misuse to wreak petty vengeance and to settle scores. Some surveys have concluded that 6 to 10 percent of dowry complaints are false and were registered primarily to settle scores. It is unfortunate if laws meant to protect women get abused as instruments of oppression. The bottom-line therefore, is the fair invocation of legal provisions and their objective and honest implementation.
For a large majority of Indian women, suffering is often silent and invisible. Hence, for gender-equity laws to make real sense, the victims must be made aware that they are victims and that there is a law to stop such suffering and punish the guilty. This journey, which connects the real edifice of law and legal structures to the lives of marginalized women, is to my mind the most daunting challenge. Women must be made aware that the legal landscape is a constructive negotiating tool to enrich their lives. We have to reach out to the mass of women and convince them that the legal domain which appears distant, intimidating and imposing, is not so but is actually designed to help them. Aggrieved women often find greater solace, comfort, ease and confidence in seeking redressal through women lawyers. This impels the need for more and more women to join the legal profession.
I would like to particularly draw your attention to the phenomena of female foeticide, one of the most pernicious and inhuman forms of crime. It is incumbent on us to focus our collective energy on how women can take the lead through positive decision-making for achieving socially desirable parameters.
Discrimination against women cuts across boundaries of religions, culture and income groups. The pattern and forms of neglect may vary, but the motive is to willy-nilly maintain male hegemony at the cost of disempowering women. Women make up half of the population and have a right to be included and respected in all important decisions which affect not only their lives but also affairs involving national interests. It is therefore important for collective platforms like this to explore how best to reshape the attitudes and perceptions of our youth to advocate gender relationship based on equal respect, free from the shackles imposed by traditional custom, belief and practice.
The importance of the workplace is no less significant. Women have battled many a traditional prejudice to emerge in leadership positions in the professional world. Yet in terms of numerical strength, women are disadvantageously placed. The iniquitous power relationship between men and women have to be analyzed and critiqued within civil society to impart the right meaning and right spirit to the concept of gender justice. More pro-active efforts are required to create a gender-neutral work place. Positive change in the mindset of both men and women for this purpose is therefore an imperative necessity.
Let me put in a word of caution and sage counsel. Empowerment does not mean setting women against men. Gender injustice cannot and should not be perceived as war or rivalry between the two sexes. It means making both men and women realize the changing roles and status of the two sexes and develop a consensus for harmonious living and mutual dependence in the context of an egalitarian society.
As members of the Bar, I urge you all to recognize practices and principles of justice, equity and good conscience. Lawyers are the trustees of justice and the custodian of law for us all. The legal profession is an ancient and an honorable profession and is respected as a privileged vocation. With privilege comes the onerous responsibility of using law to further the cause of social good and to better the lives of all so as to uphold the majesty of law in all its magnificence. I would like to exhort the community of women lawyers to devote time and energy to start legal-aid clinics to secure legal services not only for women, but for all those people who are helpless, deprived and despondent.
The need of the hour for my women lawyer friends gathered here is to drive positive reform and quality in the profession, secure the progress of the nation, help in building up a just and benevolent society, render the greatest good for the greatest numbers and especially for the deprived and the indigent in the largest measure. This should be the ultimate aim and obligation of each lawyer here. As women lawyers, you will get countless opportunities, where by your professional commitment, you can keep injustice at the periphery and make justice the core of this country's soul. Let your actions be guided by how you wish history to chronicle your success. I look forward to the downtrodden women of the country being beneficiaries of your dedication.
Thank You.
JAI HIND !
No women judge in supreme court: President of India !!!
Recently there were news reports that the Honourable President of India has made some file noting where she desired to have a women president as a judge in the Supreme Court. So in this regard my questions are “Are the top posts like Supreme Court judges have to be decided based on gender”? This is a wrong precedent. Whereas it is most welcome if a woman with competent skills, required qualifications and criteria can be appointed a judge of the Supreme Court but just for the sake of a women judge is it correct to push a woman to the top most post. And the same is true for the man. The Supreme Court is the top most court in the country. It is the hope of a 1 billion people of India. What I mean to say is this talk of persons pushed through out of way based on caste, religion or gender must be stopped.
Recently some press person asked Rahul Gandhi, “having come a long way after Independence how much more time will it take for India to have its first Muslim prime minister” and Rahul Gandhi gave a very fitting reply that “It is not about what religion or community you come from, it is what you bring to the table, what capability you have. Today, Manmohan Singh is not the Prime Minister of India because he is a Sikh. He is the Prime Minister because he is the most capable person to do the job.And let me tell you something that even when you do have a Muslim prime minister, he will be a prime minister because he is the most capable person,” 39-year-old Gandhi said.
He told a questioner, “You need to step up and the number of leaders coming out of your community needs to go up. You got today a Sikh prime minister that nobody would have ever imagined in a country of over a billion people that we would have a Sikh prime minister. Sikhs are a very small percentage of this country” That is a fitting reply to an unnecessary question.
India should make efforts to move towards gender neutral society instead of gender discrimination. Instead of an irrelevant file noting that “Why there is no women judge in the supreme court” it would have been nice if the honourable President had asked important questions like. “What is being done to reduce the number of cases in judiciary?” “What is being done for judicial accountability?” “What is being done to reduce the years of a litigant?” These are important questions which needs immediate attention and considerations of Government. Rather they are still dancing around women vs man !!!
Recently there were news reports that the Honourable President of India has made some file noting where she desired to have a women president as a judge in the Supreme Court. So in this regard my questions are “Are the top posts like Supreme Court judges have to be decided based on gender”? This is a wrong precedent. Whereas it is most welcome if a woman with competent skills, required qualifications and criteria can be appointed a judge of the Supreme Court but just for the sake of a women judge is it correct to push a woman to the top most post. And the same is true for the man. The Supreme Court is the top most court in the country. It is the hope of a 1 billion people of India. What I mean to say is this talk of persons pushed through out of way based on caste, religion or gender must be stopped.
Recently some press person asked Rahul Gandhi, “having come a long way after Independence how much more time will it take for India to have its first Muslim prime minister” and Rahul Gandhi gave a very fitting reply that “It is not about what religion or community you come from, it is what you bring to the table, what capability you have. Today, Manmohan Singh is not the Prime Minister of India because he is a Sikh. He is the Prime Minister because he is the most capable person to do the job.
And let me tell you something that even when you do have a Muslim prime minister, he will be a prime minister because he is the most capable person,” 39-year-old Gandhi said.
He told a questioner, “You need to step up and the number of leaders coming out of your community needs to go up. You got today a Sikh prime minister that nobody would have ever imagined in a country of over a billion people that we would have a Sikh prime minister. Sikhs are a very small percentage of this country” That is a fitting reply to an unnecessary question.
India should make efforts to move towards gender neutral society instead of gender discrimination. Instead of an irrelevant file noting that “Why there is no women judge in the supreme court” it would have been nice if the honourable President had asked important questions like. “What is being done to reduce the number of cases in judiciary?” “What is being done for judicial accountability?” “What is being done to reduce the years of a litigant?” These are important questions which needs immediate attention and considerations of Government. Rather they are still dancing around women vs man !!!
Recently some press person asked Rahul Gandhi, “having come a long way after Independence how much more time will it take for India to have its first Muslim prime minister” and Rahul Gandhi gave a very fitting reply that “It is not about what religion or community you come from, it is what you bring to the table, what capability you have. Today, Manmohan Singh is not the Prime Minister of India because he is a Sikh. He is the Prime Minister because he is the most capable person to do the job.And let me tell you something that even when you do have a Muslim prime minister, he will be a prime minister because he is the most capable person,” 39-year-old Gandhi said.
He told a questioner, “You need to step up and the number of leaders coming out of your community needs to go up. You got today a Sikh prime minister that nobody would have ever imagined in a country of over a billion people that we would have a Sikh prime minister. Sikhs are a very small percentage of this country” That is a fitting reply to an unnecessary question.
India should make efforts to move towards gender neutral society instead of gender discrimination. Instead of an irrelevant file noting that “Why there is no women judge in the supreme court” it would have been nice if the honourable President had asked important questions like. “What is being done to reduce the number of cases in judiciary?” “What is being done for judicial accountability?” “What is being done to reduce the years of a litigant?” These are important questions which needs immediate attention and considerations of Government. Rather they are still dancing around women vs man !!!
Recently there were news reports that the Honourable President of India has made some file noting where she desired to have a women president as a judge in the Supreme Court. So in this regard my questions are “Are the top posts like Supreme Court judges have to be decided based on gender”? This is a wrong precedent. Whereas it is most welcome if a woman with competent skills, required qualifications and criteria can be appointed a judge of the Supreme Court but just for the sake of a women judge is it correct to push a woman to the top most post. And the same is true for the man. The Supreme Court is the top most court in the country. It is the hope of a 1 billion people of India. What I mean to say is this talk of persons pushed through out of way based on caste, religion or gender must be stopped.
Recently some press person asked Rahul Gandhi, “having come a long way after Independence how much more time will it take for India to have its first Muslim prime minister” and Rahul Gandhi gave a very fitting reply that “It is not about what religion or community you come from, it is what you bring to the table, what capability you have. Today, Manmohan Singh is not the Prime Minister of India because he is a Sikh. He is the Prime Minister because he is the most capable person to do the job.
And let me tell you something that even when you do have a Muslim prime minister, he will be a prime minister because he is the most capable person,” 39-year-old Gandhi said.
He told a questioner, “You need to step up and the number of leaders coming out of your community needs to go up. You got today a Sikh prime minister that nobody would have ever imagined in a country of over a billion people that we would have a Sikh prime minister. Sikhs are a very small percentage of this country” That is a fitting reply to an unnecessary question.
India should make efforts to move towards gender neutral society instead of gender discrimination. Instead of an irrelevant file noting that “Why there is no women judge in the supreme court” it would have been nice if the honourable President had asked important questions like. “What is being done to reduce the number of cases in judiciary?” “What is being done for judicial accountability?” “What is being done to reduce the years of a litigant?” These are important questions which needs immediate attention and considerations of Government. Rather they are still dancing around women vs man !!!
498a Judgements
http://498amisuse.wordpress.com/2010/02/17/498amisuse-judgements/
Nice link for research on 498a judgements you may need to do some more research to find the full judgements, but the ground work is there making it easier.
Nice link for research on 498a judgements you may need to do some more research to find the full judgements, but the ground work is there making it easier.
Sec 498A of the Indian Penal Code a weapon in the hands of vamps
Sec 498A of the Indian Penal Code a weapon in the hands of vamps - Criminal Law Articles - Law, Lawyers, Advocates, Law Firms,Legal Help, Legal Experts,Judgements,Law Help, Indian Lawyers
Press above to read about 498a info and research
http://www.lawyersclubindia.com/default.asp Good site for legal research
Press above to read about 498a info and research
http://www.lawyersclubindia.com/default.asp Good site for legal research
My Dad Hates Me
The tragedy of lies told in divorce court. by Michael Bracken
My Dad hates me. That's what my Mom told me. That's what I told the judge.
I didn't like talking to the judge. I had to sit in a hard wooden chair and the lady who sits next to the judge made me promise to tell the truth.
Mom made me wear my best dress that day, the yellow one she bought me for Easter. She wouldn't let me wear the wide-legged jeans I always wear to school, and she made me take off my black nail polish.
I haven't seen my Dad in two years. Mom told me he doesn't want to see me. I think maybe he can't find me.
Mom and I have lived in six different places in four different states since she left Dad. Mom tells me we move so she can get better jobs. She says she needs a good job because Dad doesn't pay my child support.
I told this to the judge and to the all the other men in the court room. There was my Mom's lawyer, Mr. Wilson, and my Dad's lawyer, Mr. Lucent, and then there was my lawyer. He wants me to call him Billy Ray, like he's my friend.
I call him Mr. Smith.
My lawyer is a guardian ad litem. My Mom said that means he's my lawyer. I had to see him three times before we went to court.
I don't like him. He has bad breath and he's always chewing on a peppermint. I can hear it click against his teeth when he talks.
He always asks me questions about my Dad. He never asks me about my Mom.
He asks me if my Dad ever touches me in bad places. He asks me if my Dad ever hits me. He asks me if my Dad ever shakes me. I told him no, no, no.
My Dad is always nice to me. Even when he is mad at my Mom, he is still nice to me. He reads me stories at bed time and he taught me how to ride a bicycle and once a month he used to take me to the cemetery where Grandma is buried and we would feed bread to the ducks in the pond.
Before my Mom left my Dad, my Dad bought me a silver locket and he put his picture and my picture in it. My Mom doesn't know I have the locket, but I look at it almost every day. I showed the locket to the judge and to the lady who sits next to him and writes down everything I say.
My dad hates me, I told the judge when I showed him the locket. My Mom told me so.
When I saw my Dad in the courtroom for the first time, I wanted to run to him and hug him. My Mom wouldn't let me. She held my shoulder real tight. I think I have a bruise now.
The judge wouldn't let the other men talk. He asked me lots of questions. He even asked me questions about my Mom.
My Mom loves me. She told me so.
The judge asked me who I wanted to live with. I want to live with my Mom and my Dad. But they can't live together. Not anymore. They loved each other when they made me, but they don't love each other now.
The judge asked me if I lived with my Dad would he let me visit my Mom. I nodded my head.
The judge thought about that for a long time. Then he told me I could step down and another lady took me back to the room where I had been waiting before.
The room was right next to the courtroom and I could hear Mr. Wilson and Mr. Lucent and Mr. Smith arguing. I heard Mom screaming at somebody.
"You can't do that!" My Mom screamed so loud I think the windows shook. "You can't take her away!"
My Dad hates me so much he spent two years and lots of money looking for me.
I held my locket really, really tight and prayed that the judge would send me home with my Dad.
My Dad hates me. That's what my Mom told me. That's what I told the judge.
I didn't like talking to the judge. I had to sit in a hard wooden chair and the lady who sits next to the judge made me promise to tell the truth.
Mom made me wear my best dress that day, the yellow one she bought me for Easter. She wouldn't let me wear the wide-legged jeans I always wear to school, and she made me take off my black nail polish.
I haven't seen my Dad in two years. Mom told me he doesn't want to see me. I think maybe he can't find me.
Mom and I have lived in six different places in four different states since she left Dad. Mom tells me we move so she can get better jobs. She says she needs a good job because Dad doesn't pay my child support.
I told this to the judge and to the all the other men in the court room. There was my Mom's lawyer, Mr. Wilson, and my Dad's lawyer, Mr. Lucent, and then there was my lawyer. He wants me to call him Billy Ray, like he's my friend.
I call him Mr. Smith.
My lawyer is a guardian ad litem. My Mom said that means he's my lawyer. I had to see him three times before we went to court.
I don't like him. He has bad breath and he's always chewing on a peppermint. I can hear it click against his teeth when he talks.
He always asks me questions about my Dad. He never asks me about my Mom.
He asks me if my Dad ever touches me in bad places. He asks me if my Dad ever hits me. He asks me if my Dad ever shakes me. I told him no, no, no.
My Dad is always nice to me. Even when he is mad at my Mom, he is still nice to me. He reads me stories at bed time and he taught me how to ride a bicycle and once a month he used to take me to the cemetery where Grandma is buried and we would feed bread to the ducks in the pond.
Before my Mom left my Dad, my Dad bought me a silver locket and he put his picture and my picture in it. My Mom doesn't know I have the locket, but I look at it almost every day. I showed the locket to the judge and to the lady who sits next to him and writes down everything I say.
My dad hates me, I told the judge when I showed him the locket. My Mom told me so.
When I saw my Dad in the courtroom for the first time, I wanted to run to him and hug him. My Mom wouldn't let me. She held my shoulder real tight. I think I have a bruise now.
The judge wouldn't let the other men talk. He asked me lots of questions. He even asked me questions about my Mom.
My Mom loves me. She told me so.
The judge asked me who I wanted to live with. I want to live with my Mom and my Dad. But they can't live together. Not anymore. They loved each other when they made me, but they don't love each other now.
The judge asked me if I lived with my Dad would he let me visit my Mom. I nodded my head.
The judge thought about that for a long time. Then he told me I could step down and another lady took me back to the room where I had been waiting before.
The room was right next to the courtroom and I could hear Mr. Wilson and Mr. Lucent and Mr. Smith arguing. I heard Mom screaming at somebody.
"You can't do that!" My Mom screamed so loud I think the windows shook. "You can't take her away!"
My Dad hates me so much he spent two years and lots of money looking for me.
I held my locket really, really tight and prayed that the judge would send me home with my Dad.
Laws for women mere paper tigers
Madhu Kishwar, Jan 31, 2010, 02.43am IST
One of the great challenges for those concerned with strengthening women's rights in India is the alarming gap between legal prescriptions on women's issues and actual practices prevalent in society. Many people expect that as women become aware of their rights, they will inevitably move in the direction of following "modern laws" enacted for their benefit. However, there is growing evidence that even among the avante-garde elite groups of our country, social behaviour runs contrary to social legislation.
For example, ever since dowry was outlawed in 1961 through the Dowry Prohibition Act of 1961, the practice has flourished in an unprecedented manner. Wedding expenditures have become more and more lavish. Several new amendments were made to the Act and the Indian Penal Code during the 1980's making dowry giving and taking a cognizable offence. And yet, the practice has spread to regions, castes and communities which did not have any such tradition. The biggest dowry transactions take place among the families of educated elites, especially those in high power positions in the government. High status families consider it an insult to send their daughters off to their husband's home "empty handed."
It is the same story with the law banning the use of sex determination tests (SDTs). In Delhi, SDTs invites jail terms for up to 5 years and a fine up to Rs. 100,000. And yet, the use of sex selective abortions has grown even as the law has been made increasingly stringent. This is obvious from the continuing sharp decline in sex ratio and drop in the birth rate of female babies, especially among the well-off. Doctors in the know tell you that the most persistent and desperate demand for these tests comes from senior government officers.
It is legitimate to ask: Why are these laws not followed by the parliamentarians who make them or by the police officers and judges who are supposed to implement them? I am certain that not one among the militant feminists who have campaigned to get such laws enacted can claim with honesty that in their own family circles they have successfully "abolished" the practice of dowry and in their own community families are not taking recourse to sex selective abortions.
A common response is to attribute the growing gap between social legislation and social practices to hypocrisy and double standards. When a law fails, the tendency is to blame its failure on the laxity of implementation machinery.
That is how all the failed laws are bolstered with more and more draconian provisions, while the original problem remains unsolved. Today, we are witnessing a severe backlash against feminist legislation because most of the draconian laws we have enacted lend themselves to easy misuse while genuine victims rarely manage to get justice through them. This is not to say, I support the present system of dowry, sex selective abortions or other injustices faced by women but simply to underscore the need for a more self critical and socially sensitive approach to legal reform and the need to create appropriate instruments of the state machinery that can implement social legislation with dignity and honesty.
The writer is a professor at the Centre for the Study of Developing Societies
One of the great challenges for those concerned with strengthening women's rights in India is the alarming gap between legal prescriptions on women's issues and actual practices prevalent in society. Many people expect that as women become aware of their rights, they will inevitably move in the direction of following "modern laws" enacted for their benefit. However, there is growing evidence that even among the avante-garde elite groups of our country, social behaviour runs contrary to social legislation.
For example, ever since dowry was outlawed in 1961 through the Dowry Prohibition Act of 1961, the practice has flourished in an unprecedented manner. Wedding expenditures have become more and more lavish. Several new amendments were made to the Act and the Indian Penal Code during the 1980's making dowry giving and taking a cognizable offence. And yet, the practice has spread to regions, castes and communities which did not have any such tradition. The biggest dowry transactions take place among the families of educated elites, especially those in high power positions in the government. High status families consider it an insult to send their daughters off to their husband's home "empty handed."
It is the same story with the law banning the use of sex determination tests (SDTs). In Delhi, SDTs invites jail terms for up to 5 years and a fine up to Rs. 100,000. And yet, the use of sex selective abortions has grown even as the law has been made increasingly stringent. This is obvious from the continuing sharp decline in sex ratio and drop in the birth rate of female babies, especially among the well-off. Doctors in the know tell you that the most persistent and desperate demand for these tests comes from senior government officers.
It is legitimate to ask: Why are these laws not followed by the parliamentarians who make them or by the police officers and judges who are supposed to implement them? I am certain that not one among the militant feminists who have campaigned to get such laws enacted can claim with honesty that in their own family circles they have successfully "abolished" the practice of dowry and in their own community families are not taking recourse to sex selective abortions.
A common response is to attribute the growing gap between social legislation and social practices to hypocrisy and double standards. When a law fails, the tendency is to blame its failure on the laxity of implementation machinery.
That is how all the failed laws are bolstered with more and more draconian provisions, while the original problem remains unsolved. Today, we are witnessing a severe backlash against feminist legislation because most of the draconian laws we have enacted lend themselves to easy misuse while genuine victims rarely manage to get justice through them. This is not to say, I support the present system of dowry, sex selective abortions or other injustices faced by women but simply to underscore the need for a more self critical and socially sensitive approach to legal reform and the need to create appropriate instruments of the state machinery that can implement social legislation with dignity and honesty.
The writer is a professor at the Centre for the Study of Developing Societies
What is 'misandry' and what is 'anti-misandry'?
Misandry is the hatred of males as a sex, as opposed to misogyny, the hatred of women; or misanthropy, hatred of the human species. Misandry comes from misos (Greek μῖσος, "hatred") + andr-ia (Greek anér-andros, "man"). Those holding misandric beliefs can be of either sex. Thus it holds to common sense that Anti Misandry is to work toward removing misandry from our culture.
Can you give me some demonstrations of misandry?
Sure. Have a look at the second-wave feminist view of men for an example. Valerie Solanas, the radical feminist who shot Andy Warhol in 1968, provides a famous example of misandry in her self-published SCUM manifesto. In case you're wondering, SCUM is an acronym for 'Society for Cutting Up Men', practically a call for gendercide, the culling of men. Quite literally, Solanas expressed her desire to "institute complete automation and destroy the male sex."
Additionally, read the misandric quotations by other infamous feminists at Feminist Quotes.
Wow, this is pretty bad stuff - what can I do about misandry?
For one thing, you can stop accepting it as a 'way of life'. Once upon a time, respect was a two-way street. These days it is more a one-way street where men are demanded to be respectful to women (even those who do not earn, or even try to earn it) while simultaneously disrespect of men is expected, condoned, perpetuated and even taught. You can make a difference by refusing to live this way. Go here for more information
If this is your first visit, be sure to read Discrimination against Men, Why Modern, Western Marriage Has Become A Bad Business Decision For Men, Feminist Quotes, Feminist Lies Exposed and consult the FAQ.
A world without feminism is absolutely possible as Indian Women Reject Feminism.
The Men's Rights movement never sees females as the enemy, but only misandry and injustice--whether from females or from males.
You need to register before you can post: click the register link above to proceed. Membership is completely FREE and grants many useful benefits. Note that proxy software is not allowed. To start viewing messages, select the forum that you want to visit from the selection below.
Can you give me some demonstrations of misandry?
Sure. Have a look at the second-wave feminist view of men for an example. Valerie Solanas, the radical feminist who shot Andy Warhol in 1968, provides a famous example of misandry in her self-published SCUM manifesto. In case you're wondering, SCUM is an acronym for 'Society for Cutting Up Men', practically a call for gendercide, the culling of men. Quite literally, Solanas expressed her desire to "institute complete automation and destroy the male sex."
Additionally, read the misandric quotations by other infamous feminists at Feminist Quotes.
Wow, this is pretty bad stuff - what can I do about misandry?
For one thing, you can stop accepting it as a 'way of life'. Once upon a time, respect was a two-way street. These days it is more a one-way street where men are demanded to be respectful to women (even those who do not earn, or even try to earn it) while simultaneously disrespect of men is expected, condoned, perpetuated and even taught. You can make a difference by refusing to live this way. Go here for more information
If this is your first visit, be sure to read Discrimination against Men, Why Modern, Western Marriage Has Become A Bad Business Decision For Men, Feminist Quotes, Feminist Lies Exposed and consult the FAQ.
A world without feminism is absolutely possible as Indian Women Reject Feminism.
The Men's Rights movement never sees females as the enemy, but only misandry and injustice--whether from females or from males.
You need to register before you can post: click the register link above to proceed. Membership is completely FREE and grants many useful benefits. Note that proxy software is not allowed. To start viewing messages, select the forum that you want to visit from the selection below.
Eroding The Duluth Model (Domestic Violence)
On my previous posting you got an understanding what is the Duluth Model, now we go further.
Celtic Druid
Women have been promoted as eternal victims particularly since the second spawning of feminism in the sixties, but its more grass roots ideology can be traced back to america early 1900s with marxism (its initial virulent spawning)
One of the more insidious products of feminism has been the faulty DULUTH MODEL which in short was a program devised by a very questionable erroneous group who concluded that only men committed domestic violence against women and that women were devoid of blame regardless of the facts/ truth, and that men should be forced by law to reprogramming/brainwashing ( george orwells 1984 springs to mind).
Another factor to consider when domestic violence surveys are undertaken usually by womens groups is that firstly men are neither questioned or included in the figures, also the definition of domestic violence has become so ridiculous and vague that even slamming a door (men only) is deemed abuse--go figure! The model divides violence and abuse into eight categories: coercion and threats, intimidation, economic abuse, gender privilege,isolation,using children (ha ha),minimising, denying and blaming.
Its very questionable erroneous feminist slanted origins alongside its methodology which suffers from a number of serious flaws which inherently limit its validity and usefulness, from this has spawned a gluttonous insatiable "Victim Industry" which is a multi-billion pound/dollar INDUSTRY! This in part alongside a multitude of other "biased" research/writings have played a major part in societies and the laws perception of domestic violence and ultimately the two tier system of morality and law which exists.
This has many parallels with marxism but more so with Hitler's Mien Kampf. When feminists call for global "decontamination" by phasing-out men, I cant help but think of the lies and accusations levelled against the Jews in Nazi Germany, and the similarities to contemporary gender feminism:
1. Biological superiority: The National Socialists preached the genetic superiority of the Aryan race. Now, a feminist-oriented World Health Organisation website claims that women enjoy an "inherent biological advantage."
2. Sub-human: In the 1930s, the Jews were called vermin and "Judensau" (Jew-pig). Thirty years later, feminists referred to men as "male chauvinist pigs."
3. Conspiracy theory: The Jews were often accused of "working together" to pollute German culture. Now, feminists refer to the so-called conspiracy against women as "the patriarchy."
4. Excessive influence: Seventy years ago, Jews were accused of controlling the German economy. Now, men are accused of "having all the power."
5. Threat to the greater welfare: The Jews were blacklisted as toxic to German culture. In the present era, Gloria Steinem writes, "The most dangerous situation for a woman is....a husband or lover in the isolation of their own home."
6. Faulty science: Just as Hitler's propagandists once dismissed Albert Einstein's discoveries as "Jewish physics," feminist scholars now ridicule male scientific breakthroughs as the product of "linear" and "hierarchical" thinking.
7. Spread of a dread disease: In Nazi Germany, Jews were falsely accused of spreading of untreatable syphilis. Now, UNICEF director Carol Belamy unfairly blames all men for the spread of AIDS in Africa.
8. Sexual contact: Hitler was obsessed with keeping Jewish men from "defiling" the purity of Aryan women. Now, according to radical lesbian Catherine McKinnon, "In a patriarchal society all heterosexual intercourse is rape." But the most fascinating parallel between Germany in the 1930s and the current era lies in the conscious use of deception to sway public opinion and politically secure votes.
In her great expose, Who Stole Feminism?, Christina Hoff Sommers documents the many fabrications of gender feminism. Indeed, the entire ideological foundation of feminism rests on what columnist Wendy McElroy calls the "Great Lie"-- the wrong headed notion that women are eternal victims of male-dominated culture.
The feminist Great Lie echoes the infamous passage from Mien Kampf that states, "The size of the lie is a definite factor in causing it to be believed.... The primitive simplicity of their minds renders them a more easy prey to a big lie than a small one."
The effect of the Nazi accusations was to convince the German public and the world at large that Jews were not part of humanity, and thus not deserving of fundamental human rights. Feminists assert that all men under patriarchy possess to many privileges and must surrender their rights.
Once the dehumanisation and demoralisation of the jews was complete, the stage was set for the horrors that commenced in 1939. Opposition to this radical feminism and their absurd corrosive vacuous ideology is vital to the future of the male species.
http://antimisandry.com/chit-chat-main/eroding-faulty-duluth-model-1322.html
Celtic Druid
Women have been promoted as eternal victims particularly since the second spawning of feminism in the sixties, but its more grass roots ideology can be traced back to america early 1900s with marxism (its initial virulent spawning)
One of the more insidious products of feminism has been the faulty DULUTH MODEL which in short was a program devised by a very questionable erroneous group who concluded that only men committed domestic violence against women and that women were devoid of blame regardless of the facts/ truth, and that men should be forced by law to reprogramming/brainwashing ( george orwells 1984 springs to mind).
Another factor to consider when domestic violence surveys are undertaken usually by womens groups is that firstly men are neither questioned or included in the figures, also the definition of domestic violence has become so ridiculous and vague that even slamming a door (men only) is deemed abuse--go figure! The model divides violence and abuse into eight categories: coercion and threats, intimidation, economic abuse, gender privilege,isolation,using children (ha ha),minimising, denying and blaming.
Its very questionable erroneous feminist slanted origins alongside its methodology which suffers from a number of serious flaws which inherently limit its validity and usefulness, from this has spawned a gluttonous insatiable "Victim Industry" which is a multi-billion pound/dollar INDUSTRY! This in part alongside a multitude of other "biased" research/writings have played a major part in societies and the laws perception of domestic violence and ultimately the two tier system of morality and law which exists.
This has many parallels with marxism but more so with Hitler's Mien Kampf. When feminists call for global "decontamination" by phasing-out men, I cant help but think of the lies and accusations levelled against the Jews in Nazi Germany, and the similarities to contemporary gender feminism:
1. Biological superiority: The National Socialists preached the genetic superiority of the Aryan race. Now, a feminist-oriented World Health Organisation website claims that women enjoy an "inherent biological advantage."
2. Sub-human: In the 1930s, the Jews were called vermin and "Judensau" (Jew-pig). Thirty years later, feminists referred to men as "male chauvinist pigs."
3. Conspiracy theory: The Jews were often accused of "working together" to pollute German culture. Now, feminists refer to the so-called conspiracy against women as "the patriarchy."
4. Excessive influence: Seventy years ago, Jews were accused of controlling the German economy. Now, men are accused of "having all the power."
5. Threat to the greater welfare: The Jews were blacklisted as toxic to German culture. In the present era, Gloria Steinem writes, "The most dangerous situation for a woman is....a husband or lover in the isolation of their own home."
6. Faulty science: Just as Hitler's propagandists once dismissed Albert Einstein's discoveries as "Jewish physics," feminist scholars now ridicule male scientific breakthroughs as the product of "linear" and "hierarchical" thinking.
7. Spread of a dread disease: In Nazi Germany, Jews were falsely accused of spreading of untreatable syphilis. Now, UNICEF director Carol Belamy unfairly blames all men for the spread of AIDS in Africa.
8. Sexual contact: Hitler was obsessed with keeping Jewish men from "defiling" the purity of Aryan women. Now, according to radical lesbian Catherine McKinnon, "In a patriarchal society all heterosexual intercourse is rape." But the most fascinating parallel between Germany in the 1930s and the current era lies in the conscious use of deception to sway public opinion and politically secure votes.
In her great expose, Who Stole Feminism?, Christina Hoff Sommers documents the many fabrications of gender feminism. Indeed, the entire ideological foundation of feminism rests on what columnist Wendy McElroy calls the "Great Lie"-- the wrong headed notion that women are eternal victims of male-dominated culture.
The feminist Great Lie echoes the infamous passage from Mien Kampf that states, "The size of the lie is a definite factor in causing it to be believed.... The primitive simplicity of their minds renders them a more easy prey to a big lie than a small one."
The effect of the Nazi accusations was to convince the German public and the world at large that Jews were not part of humanity, and thus not deserving of fundamental human rights. Feminists assert that all men under patriarchy possess to many privileges and must surrender their rights.
Once the dehumanisation and demoralisation of the jews was complete, the stage was set for the horrors that commenced in 1939. Opposition to this radical feminism and their absurd corrosive vacuous ideology is vital to the future of the male species.
http://antimisandry.com/chit-chat-main/eroding-faulty-duluth-model-1322.html
Duluth model
The Duluth Model or Domestic Abuse Intervention Project is a program developed to reduce domestic violence.[1] The Duluth model was developed by Minnesota Program Development, Inc., a nonprofit agency in Duluth, Minnesota.
Origin and Theory
In 1981, the Domestic Abuse Intervention Project was the first multi-disciplinary program designed to address the issue of domestic violence. This experiment, conducted in Duluth, involved coordinating the actions of a variety of agencies that deal with domestic situations. The program has become a model for other jurisdictions seeking to deal more effectively with domestic violence.
According to the Duluth Model, "women and children, and some men are vulnerable to violence because of their unequal social, economic, and political status in society."
The Duluth Model is based on a strict "patriarchal violence" model and presumes that all violence in the home and elsewhere has a male perpetrator and female victim. The model explicitly rejects any concept of mutuality or symmetry in abusive relationships. The Duluth Model originated the Duluth Power and Control Wheel.
Effectiveness
A nationwide study published in 2002 sponsored by the federal government found that batterers who complete programs based on the "Duluth Model," are less likely to repeat acts of domestic violence than those who don't.[2] A 2005 study led by Larry Bennett, a professor of social work at the University of Illinois at Chicago and an expert on batterer intervention programs, of the 30 batterer intervention programs in Cook County, Illinois, found 15 percent of those who completed the program were rearrested for domestic violence, compared with 37 percent of those who dropped out of the program.[2] However, Bennett said the studies are largely meaningless because they lacked a proper control group.[2] He added that participants who complete domestic violence programs are likely to be more motivated than others to improve behavior and would be less inclined to offend again.[2]
Criticism
Critics say the problem with programs based on the Duluth Model is that they ignore research linking domestic violence to substance abuse and psychological problems, such as attachment disorders, traced to childhood abuse or neglect.[2]
Donald Dutton, a psychology professor at the University of British Columbia who has studied abusive personalities, states that "The Duluth Model was developed by people who didn't understand anything about therapy." He also insists that gender doesn't play a role in domestic violence.[2]
The exclusive focus on men as perpetrators and the rejection of system dynamics models has been criticized by people with perspectives influenced by psychology, education and remedial therapy. The fields of psychology, psychiatry, and social work all provide for application of skill learning, improved social understanding and practiced behavioral mastery to help establish alternative behaviors. By contrast, the Duluth Model presents only "once an abuser, always an abuser" constructions to the social problem of domestic violence.
Additionally, critics[3] argue that the Duluth model employs circular logic:
To say that abusive men are controlling because they want to be in control explains very little. It tells us nothing about the origins or nature of this desire to control, the conditions under which abuse occurs, or other purposes that violent behaviour might be serving for the assaultive man.
[edit] See also
relationship counseling
Domestic violence
Violence Against Women Act
References
University of Minnesota Duluth conceptual framework
^ a b c d e f Twohey, Megan (2009-01-02). "How Can Domestic Violence Be Stopped?". Chicago Tribune. http://www.chicagotribune.com/news/local/chi-abusers-02-jan02,0,1147422.story?page=2. Retrieved 2009-01-28.
^ Fisher, Andy, Rick Goodwin and Mark Patton. 2009. “Men & Healing: Theory, Research, and Practice in Working with Male Survivors of Childhood Sexual Abuse.”[http://www.malesurvivor.on.ca/files/uploads/.../menandhealingfinal.pdf] The Men's Project, Funded by the Cornwall Public Inquiry
External links
Minnesota Program Development, Inc.
Muslim Wheel of Domestic Violence a variation of the Duluth Power and Control Wheel
Power and Control Wheel for Lawyers and Clients a variation of the Duluth Model Power and Control Wheel
"Power and Control: Domestic Violence in America"a documentary film and web site focusing on the Duluth Model. Founders Ellen Pence and Michael Paymar are interviewed in the film, with excerpts and transcripts on the web
Retrieved from "http://en.wikipedia.org/wiki/Duluth_model"
Origin and Theory
In 1981, the Domestic Abuse Intervention Project was the first multi-disciplinary program designed to address the issue of domestic violence. This experiment, conducted in Duluth, involved coordinating the actions of a variety of agencies that deal with domestic situations. The program has become a model for other jurisdictions seeking to deal more effectively with domestic violence.
According to the Duluth Model, "women and children, and some men are vulnerable to violence because of their unequal social, economic, and political status in society."
The Duluth Model is based on a strict "patriarchal violence" model and presumes that all violence in the home and elsewhere has a male perpetrator and female victim. The model explicitly rejects any concept of mutuality or symmetry in abusive relationships. The Duluth Model originated the Duluth Power and Control Wheel.
Effectiveness
A nationwide study published in 2002 sponsored by the federal government found that batterers who complete programs based on the "Duluth Model," are less likely to repeat acts of domestic violence than those who don't.[2] A 2005 study led by Larry Bennett, a professor of social work at the University of Illinois at Chicago and an expert on batterer intervention programs, of the 30 batterer intervention programs in Cook County, Illinois, found 15 percent of those who completed the program were rearrested for domestic violence, compared with 37 percent of those who dropped out of the program.[2] However, Bennett said the studies are largely meaningless because they lacked a proper control group.[2] He added that participants who complete domestic violence programs are likely to be more motivated than others to improve behavior and would be less inclined to offend again.[2]
Criticism
Critics say the problem with programs based on the Duluth Model is that they ignore research linking domestic violence to substance abuse and psychological problems, such as attachment disorders, traced to childhood abuse or neglect.[2]
Donald Dutton, a psychology professor at the University of British Columbia who has studied abusive personalities, states that "The Duluth Model was developed by people who didn't understand anything about therapy." He also insists that gender doesn't play a role in domestic violence.[2]
The exclusive focus on men as perpetrators and the rejection of system dynamics models has been criticized by people with perspectives influenced by psychology, education and remedial therapy. The fields of psychology, psychiatry, and social work all provide for application of skill learning, improved social understanding and practiced behavioral mastery to help establish alternative behaviors. By contrast, the Duluth Model presents only "once an abuser, always an abuser" constructions to the social problem of domestic violence.
Additionally, critics[3] argue that the Duluth model employs circular logic:
To say that abusive men are controlling because they want to be in control explains very little. It tells us nothing about the origins or nature of this desire to control, the conditions under which abuse occurs, or other purposes that violent behaviour might be serving for the assaultive man.
[edit] See also
relationship counseling
Domestic violence
Violence Against Women Act
References
University of Minnesota Duluth conceptual framework
^ a b c d e f Twohey, Megan (2009-01-02). "How Can Domestic Violence Be Stopped?". Chicago Tribune. http://www.chicagotribune.com/news/local/chi-abusers-02-jan02,0,1147422.story?page=2. Retrieved 2009-01-28.
^ Fisher, Andy, Rick Goodwin and Mark Patton. 2009. “Men & Healing: Theory, Research, and Practice in Working with Male Survivors of Childhood Sexual Abuse.”[http://www.malesurvivor.on.ca/files/uploads/.../menandhealingfinal.pdf] The Men's Project, Funded by the Cornwall Public Inquiry
External links
Minnesota Program Development, Inc.
Muslim Wheel of Domestic Violence a variation of the Duluth Power and Control Wheel
Power and Control Wheel for Lawyers and Clients a variation of the Duluth Model Power and Control Wheel
"Power and Control: Domestic Violence in America"a documentary film and web site focusing on the Duluth Model. Founders Ellen Pence and Michael Paymar are interviewed in the film, with excerpts and transcripts on the web
Retrieved from "http://en.wikipedia.org/wiki/Duluth_model"
Economic Terrorism and its family breaking manifestations
"Economic Terrorism"(as referred to by John Perkin's book "Confessions of an Economic Hit Man": summary 1 & summary 2) is one reason why UN and hence USA is pushing family breaking laws into India and other countries(recent attempt being the attempt to introduce vexatious I-VAWA or the International(for all countries) Violence against Women Act)
Jon Perkin's explains what "Economic Terrorism and Economic Hitman" is al about(short clip of 6 minutes)
See a video interview with Jon Perkin's(2 parts: Long clips around 50 minutes each)
Part -2-
We need to send the media after UN and US for pushing vexatious laws like I-VAWA in India, which is in fact their vehicle to subjugate India and other countries like that. Britisher's knew very well that the Indian family system is the first thing to be attacked and shattered if India has to be conquered and subjugated fully.... imperialistic forces are just following the same line with family breaking laws now.
Who doesn't know that "Divide and Rule" is the all time best tactic to oppress any group of people
Thanks to our friends at:
http://at498a.blogspot.com/2010/02/economic-terrorism-and-its-family.html
Jon Perkin's explains what "Economic Terrorism and Economic Hitman" is al about(short clip of 6 minutes)
See a video interview with Jon Perkin's(2 parts: Long clips around 50 minutes each)
Part -2-
We need to send the media after UN and US for pushing vexatious laws like I-VAWA in India, which is in fact their vehicle to subjugate India and other countries like that. Britisher's knew very well that the Indian family system is the first thing to be attacked and shattered if India has to be conquered and subjugated fully.... imperialistic forces are just following the same line with family breaking laws now.
Who doesn't know that "Divide and Rule" is the all time best tactic to oppress any group of people
Thanks to our friends at:
http://at498a.blogspot.com/2010/02/economic-terrorism-and-its-family.html
No divorce if spouse is compelled to live separately:SC
PTI, Feb 12, 2010, 06.16pm IST
NEW DELHI: The Supreme Court has ruled that a husband or wife is not entitled to divorce if it is proved that one deserted the other due to constant torture or harassment.
For instance, if the wife due to constant harassment is compelled to leave the matrimonial home and live separately, the husband cannot invoke the ground of "desertion" as provided under the Hindu Marriages Act to obtain divorce, a bench of Justices P Sathasivam and Asok Kumar Ganguly said in a judgement.
The apex court passed the judgement while dismissing the appeal of Ravi Kumar who sought divorce from his wife on the ground of desertion, although it was his constant harassment which drove her to leave the husband's home and live separately.
Under the Hindu Marriage Act, divorce can be granted if it is established that one of the spouse has deserted the the other.
"In this case, the child has clearly stated the cruelty of the appellant-husband towards his wife. Therefore, there is sufficient reason for the wife to stay apart. Under such circumstances, one cannot say the wife is guilty of either cruelty or desertion," the apex court said.
The apex court said the Himachal Pradesh High Court had rightly quashed the divorce granted to Ravi Kumar on the basis of the child's testimony which stated that it was the father who constantly harassed the mother compelling her to leave the home.
http://timesofindia.indiatimes.com/india/No-divorce-if-spouse-is-compelled-to-live-separatelySC-/articleshow/5565246.cms
NEW DELHI: The Supreme Court has ruled that a husband or wife is not entitled to divorce if it is proved that one deserted the other due to constant torture or harassment.
For instance, if the wife due to constant harassment is compelled to leave the matrimonial home and live separately, the husband cannot invoke the ground of "desertion" as provided under the Hindu Marriages Act to obtain divorce, a bench of Justices P Sathasivam and Asok Kumar Ganguly said in a judgement.
The apex court passed the judgement while dismissing the appeal of Ravi Kumar who sought divorce from his wife on the ground of desertion, although it was his constant harassment which drove her to leave the husband's home and live separately.
Under the Hindu Marriage Act, divorce can be granted if it is established that one of the spouse has deserted the the other.
"In this case, the child has clearly stated the cruelty of the appellant-husband towards his wife. Therefore, there is sufficient reason for the wife to stay apart. Under such circumstances, one cannot say the wife is guilty of either cruelty or desertion," the apex court said.
The apex court said the Himachal Pradesh High Court had rightly quashed the divorce granted to Ravi Kumar on the basis of the child's testimony which stated that it was the father who constantly harassed the mother compelling her to leave the home.
http://timesofindia.indiatimes.com/india/No-divorce-if-spouse-is-compelled-to-live-separatelySC-/articleshow/5565246.cms
Judgement: DIVORCED WOMEN HAS NO RIGHT TO USE HUSBAND NAME
It's a good judgment by Hon'ble Justice Smt. Roshan Dalvi that a divorced women has no right to use the name of her Ex- Husband after the divorce granted by court. It is a very good view taken by the High court judge who herself is a women, but did the perfect justice for divorced husbands.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8954 OF 2009
Neelam Dadasaheb Shewale .. Petitioner Vs. Dadasaheb Bandu Shewale .. Respondent
Mr. Milind N. Jadhav i/b Mr. Sagar G. Talekar for the Petitioner.
Mr. R. T. Lalwani for the Respondent.
CORAM : MRS. R. S. DALVI, J.
DATE : 17TH FEBRUARY, 2010
JUDGMENT:
1. This writ petition challenges three interim orders passed in MJ Petition No.A1633/97
which was for enhancement of maintenance under 25 (2) of the Hindu Marriage Act.
2. It may be mentioned that an application under that provision can be filed only upon
change in the circumstances of either party which would require modification of the order
of permanent alimony passed.
3. Two orders are passed upon three applications of the parties.
4. One application was filed by the ex-husband (husband) seeking to restrain his ex-wife
(wife) from using his surname (name) since divorce decree has been already passed
and has became final. This application came to be filed as an interim application in the
fresh petition filed by the wife after divorce.
5. The Advocate on behalf of the wife argued that the separate petition only should have
been filed. Both these reliefs, permanent and interim, are between the same parties
pursuant to the same marital relationship which has since ceased. Under Section 7 of
the Family Courts Act the Family Court has jurisdiction to decide the petition application
as well as a suit or proceeding (permanent or interim), for injunction arising out of the
marital relationship. The husband can, therefore, file a separate application/petition for
injunction or take out an application in the wife’s application/petition already filed. In fact,
the husband can file a counterclaim in any petition with regard to any relief arising out of
the marital obligation. An application which may be in the nature of counter claim can
therefore be allowed an interim application.
6. The substance of the application is required to be considered rather than its form. The
substance of the application of the husband is that the wife should not use his name.
7. The Advocate on behalf of the wife fairly concedes that since the marriage has been
dissolved by a decree for divorce which has become final, the wife cannot use the name
of the husband. That is the only substance to be considered by the Family Court. Under
the impugned order dated 23rd September, 2009 the Family Court has considered that
aspect as an application arising out of a marital relationship. It is correctly considered.
The order needs no interference.
8. In fact, the Advocate on behalf of wife mentioned that the bank account of the wife
stands in both her names. That statement itself shows that the wife uses the name of the
husband even after their marital relationship has been dissolved by an order of the
Court. The description of the bank account is therefore improper. It is, therefore, clarified
that the wife cannot use the husband’s name anywhere including in her bank account.
The injunction granted by the Family Court in the application of the husband shall be
effectuated for all purposes.
9. The writ petition also challenges another order of the same date between the same
parties but in two different applications. One was the application filed by the wife for her
to be represented by her constituted attorney on the ground that she is ill, does not know
English, she has been mentally tortured at the hands of the husband and she would not
be able to stand the court proceeding. The other application is filed by her constituted
attorney asking for permission to represent the wife as she cannot financially afford a
lawyer, lawyers are otherwise not permitted and that she would be entitled to assistance
of the person she has faith in.
10. The legal right of a party in Family Court to be represented by her constituted attorney in
place of her Advocate who is registered legal practitioner is required to be seen. Under
Section 13 of the Family Courts Act no party is entitled as of right to be represented by a
legal practitioner. However, the Court may appoint legal expert as amicus curie to assist
her/him. A party has full right to appear before the Family Court. None can object to
such appearance. The wife does not desire to have an Advocate. She has refused legal
aid offered to her. She contends that she has faith only her constituted attorney. The
extent of the right of a constituted attorney is laid down in Order III Rule 1 of the Civil
Procedure Code as follows :
ORDER III :
1. Appearances, etc., maybe in person, by recognized agent or by pleader.
Any appearance, application or act in or to any Court, required or authorized by law to
be made or done by a party in such Court, may, except where otherwise expressly
provided by any law for the time being in force, be made or done by the party in person,
or by his recognized agent, or by a pleader [appearing, applying or acting, as the case
may be,] on his behalf :
Provided that any such appearance shall, if the Court so directs, be made by the party in
person. (emphasis supplied)
11. What is appearance, application or act has been considered by Chief Justice Chagla, as
he then was, in the case of Aswin Shambhuprasad Patel and others Vs. National Rayon
Corporation Ltd. (AIR 1955 BOMBAY 262). The provision of the aforesaid order was
considered taking into account the Bar Councils Act and the Bombay Pleaders Act. It
has been held that the aforesaid rule would not apply where a law for the time being in
force otherwise expressly provided. It is held that pleading is not included in the
expression “appearance, application or act in or to any Court”. This is so because, the
right of audience in Court, the right to address the Court, the rights to examine and
cross-examine the witnesses are dealt with in other parts of the Civil Procedure Code
and not under Order 3. It was further held the right of audience in Court is a part of
pleading in Court and not “acting” as provided under Order 3. It is further observed that a
party in person would have a right of audience in Court and not his recognized agent
who would be “appearing, applying or acting” on his behalf.
12. Further the right of pleaders to plead in a Court of law under authority of the client and to
have a right of audience in Court as a member of Bar is not dealt with under Order 3.
The members of the Bar have a right in clause 10 of the Letters Patent as they are
qualified to plead in Court as required by specific legislation and rules. Under that clause
no person except Advocates, Vakils or Attorneys would be allowed to act or plead for
and on behalf of any suitor except the suitor himself. Considering Section 8 of the Bar
Councils Act under which no person was entitled to practice as an Advocate unless his
name was entered in the roll of Advocates, it was observed that the expression
“practice” is wider than the expression “plead”. Similarly Section 9 of the Bombay
Pleaders Act, which was similar to the above section, was considered.
The proviso to that section allowed a party to appear to plead or act on his own behalf
but a recognized agent of the party was allowed to only appear or act (and not plead). It
was therefore observed that proviso made a distinction between appearing, pleading or
acting and appearing or acting. Whereas the party could do all three of the above her/his
constituted attorney could do only the above two. Consequently it was held that in the
District Courts a recognized agent had no right to plead by relying on provision 9 of the
Bombay Pleaders Act. It was observed that the right of audience is a natural and
necessary concomitant of the right to plead and as the recognized agent had no right to
plead, it follows that he has no right of audience in Court.
13. The law that is laid down in the aforesaid judgment holds true and good till now and
even within Section 13 of the Family Courts Act. The object of Section 13 of the Family
Courts Act is to allow a party to represent her/his case and consequently right of the
lawyer to plead, appear and have audience in Court is limited but the right given to the
party to appear is not extended to that parties’ constituted attorney.
Hence, the general law of procedure under Order 3 Rule 1 as also the special laws
contained in the Bar Councils Act and the Bombay Pleaders Act would apply even in a
Family Court. The object of that provision is that only qualified persons are entitled to
appear in Courts and represent the case of their parties. The qualification is of the
knowledge of the law and the enrollment under the Act. If constituted attorneys of all the
parties are allowed to appear, the Court would be overrun by any number of unqualified,
unenrolled persons. Since Civil Procedure Code would generally apply to a Family Court
under Section 10 of the Act, the restraint upon appearance under Order 3 of the Code
must hold good.
14. In the case of Pavithra Vs. Rahul Raj (AIR 2003 MADRAS 138) it has been held that
the recognized agent of the party in a Family Court proceedings cannot be allowed to
prosecute it. Considering the various provisions of the Family Courts Act which follow
the procedure different from the Civil Courts, it is observed that the parties themselves
can be heard. Sometimes legal assistance can be provided. However, personal
appearance of the parties is inevitable to comply with the mandatory provisions of the
Family Courts Act. Though the authorized agent, who is not a legal practitioner can file a
petition, he can only prosecute or defend it or represent the party only until the Family
Court passes an order directing the party to appear in person depending upon the facts
and stage of the case. In that case the constituted attorney sought permission to defend
the case on the ground that she was not able to come to India to contest the case. Such
permission, it was held, could not be granted.
15. In the case of Sudha Kaushik Vs. Umesh prasad Kaushik (AIR 2005 GUJARAT 244)
upon considering the law under normal circumstances as aforesaid it was held since that
case the petitioner’s life was in danger his father was allowed to represent his son in the
interest of justice though it was held that in normal circumstances any citizen or party is
not allowed to be represented by his power of attorney unless he is an Advocate of the
Court.
16. Consequently both the orders of the Family Court, Bandra, Mumbai dated 23.09.2009
are correct and cannot be interfered with.
Writ petition is dismissed.
(R. S. DALVI, J.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8954 OF 2009
Neelam Dadasaheb Shewale .. Petitioner Vs. Dadasaheb Bandu Shewale .. Respondent
Mr. Milind N. Jadhav i/b Mr. Sagar G. Talekar for the Petitioner.
Mr. R. T. Lalwani for the Respondent.
CORAM : MRS. R. S. DALVI, J.
DATE : 17TH FEBRUARY, 2010
JUDGMENT:
1. This writ petition challenges three interim orders passed in MJ Petition No.A1633/97
which was for enhancement of maintenance under 25 (2) of the Hindu Marriage Act.
2. It may be mentioned that an application under that provision can be filed only upon
change in the circumstances of either party which would require modification of the order
of permanent alimony passed.
3. Two orders are passed upon three applications of the parties.
4. One application was filed by the ex-husband (husband) seeking to restrain his ex-wife
(wife) from using his surname (name) since divorce decree has been already passed
and has became final. This application came to be filed as an interim application in the
fresh petition filed by the wife after divorce.
5. The Advocate on behalf of the wife argued that the separate petition only should have
been filed. Both these reliefs, permanent and interim, are between the same parties
pursuant to the same marital relationship which has since ceased. Under Section 7 of
the Family Courts Act the Family Court has jurisdiction to decide the petition application
as well as a suit or proceeding (permanent or interim), for injunction arising out of the
marital relationship. The husband can, therefore, file a separate application/petition for
injunction or take out an application in the wife’s application/petition already filed. In fact,
the husband can file a counterclaim in any petition with regard to any relief arising out of
the marital obligation. An application which may be in the nature of counter claim can
therefore be allowed an interim application.
6. The substance of the application is required to be considered rather than its form. The
substance of the application of the husband is that the wife should not use his name.
7. The Advocate on behalf of the wife fairly concedes that since the marriage has been
dissolved by a decree for divorce which has become final, the wife cannot use the name
of the husband. That is the only substance to be considered by the Family Court. Under
the impugned order dated 23rd September, 2009 the Family Court has considered that
aspect as an application arising out of a marital relationship. It is correctly considered.
The order needs no interference.
8. In fact, the Advocate on behalf of wife mentioned that the bank account of the wife
stands in both her names. That statement itself shows that the wife uses the name of the
husband even after their marital relationship has been dissolved by an order of the
Court. The description of the bank account is therefore improper. It is, therefore, clarified
that the wife cannot use the husband’s name anywhere including in her bank account.
The injunction granted by the Family Court in the application of the husband shall be
effectuated for all purposes.
9. The writ petition also challenges another order of the same date between the same
parties but in two different applications. One was the application filed by the wife for her
to be represented by her constituted attorney on the ground that she is ill, does not know
English, she has been mentally tortured at the hands of the husband and she would not
be able to stand the court proceeding. The other application is filed by her constituted
attorney asking for permission to represent the wife as she cannot financially afford a
lawyer, lawyers are otherwise not permitted and that she would be entitled to assistance
of the person she has faith in.
10. The legal right of a party in Family Court to be represented by her constituted attorney in
place of her Advocate who is registered legal practitioner is required to be seen. Under
Section 13 of the Family Courts Act no party is entitled as of right to be represented by a
legal practitioner. However, the Court may appoint legal expert as amicus curie to assist
her/him. A party has full right to appear before the Family Court. None can object to
such appearance. The wife does not desire to have an Advocate. She has refused legal
aid offered to her. She contends that she has faith only her constituted attorney. The
extent of the right of a constituted attorney is laid down in Order III Rule 1 of the Civil
Procedure Code as follows :
ORDER III :
1. Appearances, etc., maybe in person, by recognized agent or by pleader.
Any appearance, application or act in or to any Court, required or authorized by law to
be made or done by a party in such Court, may, except where otherwise expressly
provided by any law for the time being in force, be made or done by the party in person,
or by his recognized agent, or by a pleader [appearing, applying or acting, as the case
may be,] on his behalf :
Provided that any such appearance shall, if the Court so directs, be made by the party in
person. (emphasis supplied)
11. What is appearance, application or act has been considered by Chief Justice Chagla, as
he then was, in the case of Aswin Shambhuprasad Patel and others Vs. National Rayon
Corporation Ltd. (AIR 1955 BOMBAY 262). The provision of the aforesaid order was
considered taking into account the Bar Councils Act and the Bombay Pleaders Act. It
has been held that the aforesaid rule would not apply where a law for the time being in
force otherwise expressly provided. It is held that pleading is not included in the
expression “appearance, application or act in or to any Court”. This is so because, the
right of audience in Court, the right to address the Court, the rights to examine and
cross-examine the witnesses are dealt with in other parts of the Civil Procedure Code
and not under Order 3. It was further held the right of audience in Court is a part of
pleading in Court and not “acting” as provided under Order 3. It is further observed that a
party in person would have a right of audience in Court and not his recognized agent
who would be “appearing, applying or acting” on his behalf.
12. Further the right of pleaders to plead in a Court of law under authority of the client and to
have a right of audience in Court as a member of Bar is not dealt with under Order 3.
The members of the Bar have a right in clause 10 of the Letters Patent as they are
qualified to plead in Court as required by specific legislation and rules. Under that clause
no person except Advocates, Vakils or Attorneys would be allowed to act or plead for
and on behalf of any suitor except the suitor himself. Considering Section 8 of the Bar
Councils Act under which no person was entitled to practice as an Advocate unless his
name was entered in the roll of Advocates, it was observed that the expression
“practice” is wider than the expression “plead”. Similarly Section 9 of the Bombay
Pleaders Act, which was similar to the above section, was considered.
The proviso to that section allowed a party to appear to plead or act on his own behalf
but a recognized agent of the party was allowed to only appear or act (and not plead). It
was therefore observed that proviso made a distinction between appearing, pleading or
acting and appearing or acting. Whereas the party could do all three of the above her/his
constituted attorney could do only the above two. Consequently it was held that in the
District Courts a recognized agent had no right to plead by relying on provision 9 of the
Bombay Pleaders Act. It was observed that the right of audience is a natural and
necessary concomitant of the right to plead and as the recognized agent had no right to
plead, it follows that he has no right of audience in Court.
13. The law that is laid down in the aforesaid judgment holds true and good till now and
even within Section 13 of the Family Courts Act. The object of Section 13 of the Family
Courts Act is to allow a party to represent her/his case and consequently right of the
lawyer to plead, appear and have audience in Court is limited but the right given to the
party to appear is not extended to that parties’ constituted attorney.
Hence, the general law of procedure under Order 3 Rule 1 as also the special laws
contained in the Bar Councils Act and the Bombay Pleaders Act would apply even in a
Family Court. The object of that provision is that only qualified persons are entitled to
appear in Courts and represent the case of their parties. The qualification is of the
knowledge of the law and the enrollment under the Act. If constituted attorneys of all the
parties are allowed to appear, the Court would be overrun by any number of unqualified,
unenrolled persons. Since Civil Procedure Code would generally apply to a Family Court
under Section 10 of the Act, the restraint upon appearance under Order 3 of the Code
must hold good.
14. In the case of Pavithra Vs. Rahul Raj (AIR 2003 MADRAS 138) it has been held that
the recognized agent of the party in a Family Court proceedings cannot be allowed to
prosecute it. Considering the various provisions of the Family Courts Act which follow
the procedure different from the Civil Courts, it is observed that the parties themselves
can be heard. Sometimes legal assistance can be provided. However, personal
appearance of the parties is inevitable to comply with the mandatory provisions of the
Family Courts Act. Though the authorized agent, who is not a legal practitioner can file a
petition, he can only prosecute or defend it or represent the party only until the Family
Court passes an order directing the party to appear in person depending upon the facts
and stage of the case. In that case the constituted attorney sought permission to defend
the case on the ground that she was not able to come to India to contest the case. Such
permission, it was held, could not be granted.
15. In the case of Sudha Kaushik Vs. Umesh prasad Kaushik (AIR 2005 GUJARAT 244)
upon considering the law under normal circumstances as aforesaid it was held since that
case the petitioner’s life was in danger his father was allowed to represent his son in the
interest of justice though it was held that in normal circumstances any citizen or party is
not allowed to be represented by his power of attorney unless he is an Advocate of the
Court.
16. Consequently both the orders of the Family Court, Bandra, Mumbai dated 23.09.2009
are correct and cannot be interfered with.
Writ petition is dismissed.
(R. S. DALVI, J.)
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