Post on 09-May-2015
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MEN’S RIGHTS CONFERENCE
Indian Law InstituteNew Delhi
August 4, 2013
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Contents
• Frequently Asked Questions• Success Stories• Men’s Rights Movement• Lobbying with MPs• Challenges
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Frequently Asked Questions !!!(FAQs)
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DISCLAIMER
• We are NOT legal experts• The views expressed are entirely based on
experiences• Any decision that you take for your cases will
be entirely your responsibility• None of the solutions is “Guaranteed”
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• Before Joining SIF• Common Myths• Frequently Asked Questions
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FAQs - Agenda
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Before Joining SIF
• Scared• Depressed• Helpless• Socially Cutoff/No One to share• Victimized
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Common Myths
• I have not taken any dowry, nothing can happen to me• I’ll be arrested as soon as cases are filed• My case is false, but other’s cases might be true• Dowry cases can’t be filed after 7 yrs of marriage• I have hired a “good” lawyer, so I am in safe hands
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Frequently Asked Questions
Q: I am a new to SIF, how can SIF help me?• We don’t give you fish to eat, We teach you how to fish!!• You have to help yourself !!• SIF gives you a platform to learn, at the worst possible crisis of your life
Q: What does SIF Expect in return?• We expect people to contribute to the movement• Be an activist, Help others
Q: I do not have a SIF chapter in my town, What should I do?• Start a chapter
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Frequently Asked Questions
Q: Why are Men’s right Organizations like SIF not so effective/well known ?• Priorities: Can travel 2000km for case, but don’t travel 20 Km
for cause• Men don’t support men• Lack of Vision: Focus on Cases (not Law)• Men Don't Spend time/bandwidth in fighting the “Laws”• Men are too Shy• Common man think that there are ZERO % chances of divorce
in his lifetime
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Frequently Asked Questions
Q: What precautions should be taken at the time of marriage of son/daughter ?• Do Not marry in a 498A family• Do Not marry in the family where people are involved in
illegal/fraudulant activities• Make sure that the list of Gifts (“stridhan”) is signed by the
couple along with 2 witnesses from each side. This should be video graphed
• Marriage certificate should say that NO dowry was given or taken during the marriage
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Frequently Asked Questions
Q: My wife is staying with me and threatening me for false cases, What should I do?• Start recording (Video/Audio) all her nonsense• Try if you can stay alone with your wife; away from your parents/family• Keep a track of all the expenses that you are doing on her• Keep all important documents/valuables away from her• Keep a proof of her educational Qualifications, Job , Salary etc• Keep relatives/neighbour informed• Focus on Knowledge/don’t be a victim
At the time she leaves:• Inform the police as soon as she leaves the house• Take a receipt of the things that she is carrying with her; get it signed by witnesses• Try to keep the kids (if possible)
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Frequently Asked Questions
Q: My Case is in CAW cell, What to do?• Do not settle cases in CAW• Return her items ASAP• Never Loose temper with IO• Apply for AB • Don’t get extorted for AB, Fight till SC• Watch the SFF Commando training Video (@youtube)• In case she wants to return, ask her to:
– Give on a affidavit that the complaint is false– No Dowry was given/demanded or during/after marriage– Publish the same in Newspaper– Ask her to say sorry to your parents, in CAW (Video record)
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Frequently Asked Questions
Q: My wife is NOT staying with me but threatening me for false cases, What should I do?• Start recording all phone calls with her (family)• Keep a record of your presence (especially on
weekends/holidays)• Do not close channels of communications• Keep a tab on FIR • No Anticipatory Bail in UP, Uttrakhand
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Frequently Asked Questions
Q:Can my parents/married sister be implicated in the case, even if they are staying separately?
• It is a very common practice to implicate Sisters, Parents and other family members
• This is done to create the pressure on husbands and create a panic situation
• Suggestion: Apply separate bail for family members
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Frequently Asked Questions
Q: What all Cases can be filed on me?• IPC 498A (Dowry Harassment)• IPC 406 (Criminal Breach Of Trust)• IPC 323 (voluntarily causing hurt)• IPC 504 (Intentional insult with intent to provoke)• IPC 506 (Punishment for criminal intimidation)• IPC 511 (attempting to commit offences punishable with imprisonment for
life)• *IPC 307 (Attempt to Murder)• CrPC 125 (Maintenance)• PWDV 2005 (Prevention of Women against DV, 2005)
* Common in UP, Bihar, Rajasthan
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Frequently Asked Questions
Q: Shall I file a divorce/RCR on my own?
• Filing Divorce/RCR is a waste of Time/Energy/Money• We do not advise to file a divorce /RCR• There is nothing called “contested divorce” for Indian
husbands• If u have sufficient evidences/witness look for opportunities
to file Criminal cases• Have patience, and wait for the opposite party to come to
your terms for Mutual divorce
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Frequently Asked Questions
Q: My Wife has filed a transfer petition in HC/SC on my RCR/Divorce case? What should I do ?• Hire a lawyer in HC/SC and file a reply• Ask for a time bound disposal of case• Defend it, but don’t expect anything• Focus on the places where Opposite party has hidden facts
from court and have come with “Unclean Hands”
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Frequently Asked Questions
Q: Multiple maintenance cases have been filed on me, What should I do ?• She will get maintenance under one only, but you will have to
fight all of them• Keep proofs of her Educational Qualifications, Job etc.• Focus on your liabilities and responsibilities• File written arguments, Use Citations• Get rid of your assets in a planned manner• Do NOT leave the Job• Increase your Income, not your salary
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Frequently Asked Questions
Q: I have a house on my name, can wife claim right on that house ? Can she claim residence in my parental house?
• Yes, She can claim the right to stay in your house• She can claim the RTR or alternate arrangements in
Matrimonial home• If IrBM is passed, she can claim 50% property (Under Process)
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Frequently Asked Questions
Q: My wife is demanding XX lacs to settle the cases, shall I go ahead ?
• We don’t recommend to settle cases by paying money• It has its own repercussions
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Frequently Asked Questions
Q:My wife has filed cases/complaints on me (in past) and now she wants to come back?
• We do NOT recommend to such wife back, in fact we recommend to Boycott such families/girls
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Frequently Asked Questions
Q: Will getting disowned from my parents help me or them?
• NO, it does’t means that your parents haven’t tortured• Generally, allegations are for time before disownment
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Frequently Asked Questions
Q: Every thing is against men, what can I do ?• RTI (Right to Information)• TEP (Tax Evasion Petition)• Write to Sr. citizen commission/NCW• Meet/Write to MP/MLA/PMO/LM• Meet Sr. Police Officers and create pressure for fair Investigation• Boycott 498A families/girls• Attend Weekly Meetings• Be a commando • Have Patience, Look for opportunities to file counter cases
* Use Hindi especially in UP, MP, Rajasthan, Bihar etc.
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Success Stories
Welcome to the wonderful world of Success stories
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Anticipatory Bail and TEP
• Name: Sanjay Sachdeva• Achievement: Anticipatory bail without any condition• No upfront money or maintenance• Heavy penalty imposed on FIL through income tax
petition
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Counter case
• Name: Pankaj Kumar• Achievement: Registration of FIR against wife
under section IPC 420/524 for the fake bills submitted by complainant in support of her Istridhan list
• RTI and follow-up with sales tax • FIR through CrPc 156(3)
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Dismiss of DV case
• Name: Swarup Sarkar• Achievement: Dismissal of Domestic Violence case• Prima Face No Evidence of Domestic Violence• Key factor: Small two line hand written paper by Wife
that she left her Home own will.• Hide fact in court & Unclean Hand to Mislead court
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Maintenance from Wife
• Name: Yogesh Verma• Achievement: Maintenance fixed from Wife to
Husband• FIR registered against wife u/s 420,506 and
charge sheet submitted• Charges framed and case is in trail
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No Maintenance to wife
• Name: Wasif Ali• Achievement: No maintenance in CrPc 125• Complainant filled the case from Pune to harass
while she was residing at Delhi• Fought on ground of jurisdiction and won• Key Success Factor: Employment proof through RTI
from Private School
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Regular bail through SIF networking
• Name: Amit Lakhani• Achievement: Granted regular bail without Judicial
custody• Husband arrested from Delhi and taken to Indore• Whole networking of SIF PAN India level was used
and he got bail as he reached Indore
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Most Important
RTI
• Name: Sandeep Marwah• Achievement: Heavy penalty imposed on FIL from
Sales tax and service tax through RTI• FIR registered against FIL U/S 420/468/471
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Discharge in IPC 406
• Name: Pankaj Kataria-Faridabad• Achievement: Discharge in 406 through Party
in person
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Child Visitation
• Name: Vijay Naru• Achievement: Regular continuous visitation of two children• Celebrating his B'day and children b’day together from last
few years• 3-5 days visitation per week in summer and winter vacations• Visitation during festivals like-Diwali, Dusshera etc
• winter vacation
• Diwali
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Dowry prohibition act
• Name: Manish Mittal• Achievement: Registration of case under dowry
prohibition act against in-laws
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Acquittal in 304B
• Name: Sunichay Sarkaar• Achievement: Acquittal in 304B
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Tools
Right to Information Act, 2005
Tax Evasion Petition
Guidance through yahoo group
Networking with like minded people
Weekly meetings
Help documents available on SIF yahoo group 498A – Survival Guide
How to Handle CAW cell
All about Tax Evasion Petition
Judgments repository
Warning for Indian bachelor
Circulars and RTI templates
Internet blogs of seniors
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General Information
• All references are from the victims residing in NCR and shown just as an example. There are many other similar cases as success stories from across the country.
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Men’s Rights Movement
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Indian Laws - Current Situation
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No One to Listen !!
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Legal Terrorism !!
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Men Suicide – A Serious Concern
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Never Married Married Widowed/Widower Divorcee Separated0
10000
20000
30000
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62433
2566 554 2379
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2354 729 1325
MEN
WOMEN
• Suicides of married men has skyrocketed in the past 13 years• Almost twice the number of married men commit suicide
Source: NCRB
Men Are Dying Faster Than Women….
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0
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30064
30224
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Suicide when married (past 15 years) Husband Suicides Wife Suicides
Years
Married Men Are Dying Even Faster….
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Hard Reality of 21st century Women
• She wants all your property in her name. Her father and brothers won’t give it to her, so she will take it from you.
• Wants all your salary and income in her account. Her father and brothers never used to give her enough money for her expenses.
• Wants you to throw your parents out of your home immediately after marriage. You better do it or she has a law to support her in throwing you and your parents out.
• Anything you say to her is a torture to her. She can slap you and there is no law for your to safeguard yourself from this domestic violence.
Kill Legal Terrorists Using Legal System
United Nations Report on Elder Abuse In India
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First Things' First: Be happy !!
• STRESS = UNCERTINITY * IMPORTANCE
• MAKE ONE OF THEM ZERO, YOUR STRESS WILL BE ZERO.
IF NOT, use following 3A formula:– ACTION PLAN– ACT– AVOID
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ATTITUDE/MIND SET OF COMMANDO
• MUST READ/VIEW THE CHYNAKAYA NITI• ALWAYS LOOK FOR A CHANDRA GUPTA MAURYA
• INDENTIFY THE STRENGHT AND WEEKNESS OF ENEMY• CREATE FEAR IN THE MIND OF ENEMY CAMP
• SHARPEN YOUR WEAPEN• SET THE ACTION BY EXAMPLES THAN ADVICE/INSTRUCT OTHERS
• USE CARPET BOMBING• ALWAYS THINK ABOUT WELLFARE OF MEN
• EMOTION AND LEGAL ISSUE SHOULD NOT BE COMBINED.• LEARN TO DIE AS DEBIT MAN THAN CREDIT MAN.
• FORMATION OF TEAM : LIKE POLITICAL CAMPAIN, MEDIA CAMPAIN, LEGAL CAMPAIN, WEEKLY MEETINGS, DATA BASE, EMAIL CAMPAIN..ETC.
ALLOW THE DIFFERENCE OF OPINION, ACTION PLAN TO EXECUTE IN DIGNIFIED WAY AND SUPPORT THE CAUSE, NOT ANY INDIVIDUAL, TO STOP LEGAL TERRORISM.
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TOOLS OF COMMANDO• Blog/Website: Men suicide / Murder / Crime Against Men data
• Mail id of Journalist / media Houses• Address of all MPs / MLAs
• Address and mail id of all related Ministries• All men NGO head contact numbers / mail ids
• Attend weekly meetings• Study all men suffering / news
• Protest for any anti male article / news• Victim story
• Press conference• Meetings / Dharna
• Pamphlet / Poster / mass email activity• Social net working
• Non-Apologetic to any women having issues• Create alternative to men than marriage system
• Create more and more study reports• Establish more and more media through programs / videos on YouTube
• Learn to use multidimensional strategy• Use the Technology
AWARENESS IS KEY TO STOP LEGAL TERRORISM.
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WHAT IS OUR DEMAND• ALL LAW / POLICYS SHOULD BE GENDER NETURAL. THE MAN / WOMAN TERM TO
BE REPLACED BY “PERSON” AND HUSBAND / WIFE TO BE REPLACED BY “SPOUSE”.• GIRLS / BOYS SHOULD GET EQUAL SHARE AND RESPONSIBILITY IN PARENTAL
PROPERTY / ASSESTS.• ANY MARRIAGE DISPUTE TO BE RESOLVED THORUGH CIVIL LAW, NO CRIMINAL
LAW SHOULD BE ALLOWED.• ESTABLISH A MEN’s WELFARE MINISTRY.• MISUSE CLAUSE TO BE INSERTED IN ALL SPECIAL LAWS WHICH HAVE JAIL AND FINE
TERMS.• IF WOMEN DO NOT DO CRIME WHY ARE THEY AFRAID TO ACCEPT THE GENDER
NETURAL LAW?
INJUSTICE SOME WHERE IS DIRECT THREAT OF JUSTICE EVERY WHERE.
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Three vital action areas
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SIF and allied NGOs
Men’s rights awareness in Society
Change Existing laws like 498a / DV STOP New laws from forming
Long term 10-20 yrs
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LOBBYING with MPs
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What is it ? Activity of attempting to influence decisions made by officials in the government, most often MP’s and Ministers of states.
Lobbying involves more than persuading legislators. Lobbyists research and analyze legislation or regulatory proposals, attend hearings, and educate government officials on important issues. Lobbyists also work to change public opinion through campaigns or by influencing 'opinion leaders'.
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Who does it ?
A lobbyist may be anyone, A lobbyist is an activist who seeks to persuade members of the government to enact legislation that would benefit their group. It can be :
• Organized Groups• Individuals• Nonprofit organizations• Others
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Why we do it ?
The need of lobbying was felt when political parties /people with inordinate socioeconomic power started corrupting the law (twisting it away from fairness) in order to serve their own conflict of interest.Lobby groups may concentrate their efforts on the legislatures, where laws are created, but may also use the judicial branch to advance their causes. The idea is to influence the thought process of the MP’s/ Political parties so that the concerns are addressed while debating in the parliament
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Effects of Lobbying
• Awareness regarding the organization/ strength of group
• Voice of the organization/people is conveyed to the law makers
• Demands of the lobbying group can be negotiated better.
• Chance to represent the group on a political platform
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Nominations?• Name• Contact number• Availability days
Note: We do lobbying in evening. Tentative time: 17:00 to timings 21:00
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Challenges
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Challenges
• Activities (Ground level/Internet)• Political Party• Lobbying with MP/MLA• Research Activity• Fund Generation- Outsource
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Challenges - Activities
Dharna and Protest • Headcount – to take to a level of at least 1000• Jail Bharo – People ready to get arrested• Help from Khap/Student Unions/Small Political PartiesPamphlets & Posters• Ready Pamphlets & Posters in MeetingsDatabase • Organized way of handling itLegal Interventions• PILs
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Challenges – Political Party
• Political Party formation• 150 addresses, voting card, affidavit• Office address• Full time representative to manage it – min. 25
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Challenges – Lobbying with MPs
• Lobbying Team• Identifying and meeting MPs – MPs in favour/against/neutral• Build relationship with them – viz send greeting cards in IMD
etc
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Challenges –Research Activities
• We have to come up with plenty of Research Reports and Analysis
• We lack a good research team• Niladri is our Delhi Research Head – he needs a good
research team
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Challenges -Fund Generation- Outsource
• SFF/SIF is a non-funded organisation, we don’t charge anything for counseling
• We work on sponsorship and voluntary contribution for activities
• Funds can be generated through– Corporate– Voluntary Donors
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Thank You !!!