Objections to NCW recommendations
To,
Her Excellency,
The President of India,
Sub: Objections to NCW’s proposed recommendation to amend Section 125 , 127 of the Code of Criminal Procedure dealing with maintenance to wife , children and parents
Honorable President,
I, a citizen of India speak on behalf of me and my entire family when I say that we are profoundly shocked and flabbergasted at the recent recommendations made by The National Commission of Women (NCW) and other participating members in a conference organized by the NCW on Alimony and Maintenance laws in National Law School Bangalore. The recommendations are articulated below with the name of the person who recommended the same.
NCW Recommendations
- It will henceforth become the “duty” of a man to provide maintenance to his wife and children irrespective of the fact if he has sufficient means
- Definition of a wife needs to changed to include women who have lived with a man in a relation of marriage
- A son would have to maintain his widowed mother.
Recommendations of HR Bharadwaj
- The moment a woman marries a man she is entitled to 50% share in her husbands property .There may be some issues with minorities but it should be applicable to many
Recommendations of Justice Malimath
- He favors an amendment in maintenance laws to that will require husbands to fill in details of his financial status , thus making him liable to prosecution in case of filing false cases.
Analysis of the Recommendations’
- It will henceforth become the “duty” of a man to provide maintenance to his wife and children irrespective of the fact if he has sufficient means
The current Indian maintenance laws themselves are so biased that men regularly petition the court for selling their body organs in order to pay maintenance. This senseless recommendation of the NCW just wants to legalize the sale of organs and body parts of husbands so that now the husband will be bound to pay maintenance irrespective of the fact if he has sufficient means. Very soon Indian men will have to sell their blood to pay ‘Blood-Money’ to their wives. For the NCW all the duties of the earth belong only to the husband and there exists no ‘defined’ ‘duty’ for the wife. The wife according to the NCW manual has only ‘rights’ and no ‘duties’. The NCW has never recommended or suggested any duties and responsibilities that the wife has to follow that entitles her to maintenance or defines the quantum of maintenance. The mere fact that conduct of woman in a marriage has no bearing on the maintenance is currently being taken advantage of in CrPC 125 and HMA 24 where women who inspite of being vicious and cruel file maintenance cases against their husbands who are forced to pay while the enjoys the fruits of her husbands labor . The NCW wants to make marriage a business for women of India who will now marry knowing that no matter what they do and how they treat their husbands they are guaranteed to get ‘Blood-Money’ in the form of the maintenance , thanks to the amendment created by the NCW that ensures life long parasitism.
- Definition of a wife needs to changed to include women who have lived with a man in a relation of marriage
The NCW itself is filled with members who are divorcees or unmarried women almost all of whom are radical feminists. So understandably these women cannot be expected to understand the sanctity of a marriage. The NCW have crossed the legal boundaries of shamelessness with this recommendation. By redefining the term of wife it is openly promoting adultery and legalizing live-in relationships in the society. This recommendation is nothing but an attempt by the NCW to promote unscrupulous women to extract money from men by claiming to be their wives since they lived with a man with Mutual consent. Such a proposal in itself is a direct insult of the sacrosanct social institution called marriage and to those devout and faithful wives who are committed to their husbands. Granting equal privileges as wives to a live – in partner directly degrades the status of marriage in the society which is a solemnized vow in presence of family elders whereas there is no commitment factor in a live – in relationship. And suggesting maintenance for live – in partners is luring more women to enter into multiple relationships and demand maintenance from each partner. This is a direct attempt to degrade and demean the existing status of women in the society. Ironically this statement is coming from NCW, supposed to be working for upliftment of women in the society.
- A son would have to maintain his widowed mother
The NCW here again tried to burden only men with responsibility of women. In cases where widows have both a son and a daughter it must be the equal responsibility of the daughter as that of the son to look after their widowed mother. If the widow just has a daughter then the daughter must be legally liable to take the complete responsibility of her mother. However the NCW manual does not propose any thing other than burdening men with the responsibility of women, so the NCW stooped short of defining the responsibilities that a daughter must have towards her mother and family in general .and just mentioned the responsibility of the son.
- The moment a woman marries a man she is entitled to 50% share in her husbands property .There may be some issues with minorities but it should be applicable to many
This recommendation is laughable at the best and it is really sad and suspiring that this came from the ex law minister of the country H S Bharadwaj. The law minister by making this statement just demonstrated his lack of understanding of the condition of husbands in India and his ignorance about the ways in which wives are torturing men with laws like 498A, Domestic violence and maintenance laws. This law minister just paid lip service to men’s issues during his tenure and his now openly supporting the NCW with such senseless recommendations. Does the current Karnataka Governor want to make marriage a property grabbing tool, where women would marry just to grab the husband’s property ? No where in the world does such a law exist where a wife, the moment she marries the husband would becomes entitled to 50% of the husband’s property. Men would stop marrying immediately should such an amendment be created and women would start chain marrying to get 50% of each husbands property in each case.
- Amendment in maintenance laws to that will require husbands to fill in details of his financial status , thus making him liable to prosecution in case of filing false cases
Justice Malimath is now following the proverb “If you can’t beat them join them”. No one took his recommendations on 498A seriously so he has now decided to support the radical feminist of the NCW and makes senseless recommendations like the one above. If husbands are made to sign details of financial status , the wives also must be made to sign details of qualifications, work experience and salary details before the marriage itself, so that they can be summarily denied maintenance if they are qualified and can earn an own living . Why does Justice Malimath not propose an amendment to create a Prenuptial agreement between the husband and wife before the marriage itself where either parties would clearly define their assets that they come with and should the marriage break up what will be the assets that the parties will depart with . The rate at which marriages are breaking up in India makes prenuptial agreements the need of the hour to safeguard the wealth of husbands as well as wives. However Justice Malimath also seems to refer the NCW Bible and propose an amendment just for husbands to declare assets while wives no matter how qualified and capable or rich by inheritance from her family would not have to declare their assets during a maintenance case.
NCW’s past record on recommendations
The NCW attracts a lot media attention by making nonsensical and wild recommendations with the sole intention of making life miserable for men. Below are some of the recent recommendations of the NCW on other issues and their brief analysis.
- NCW went ahead and published that in 70 % of cases women are denied maintenance on grounds of adultery. SIFF activists when filed for data to support the claim made by NCW, through an application under Rights to Information Act, 2005, NCW in its reply categorically denied maintaining any such data. It was a white lie published by NCW and a delirious attempt by NCW to fudge statistics and present an otherwise picture to realize vendetta best known to it. Such a body severely lacking integrity and accountability does not deserve such a position.
- NCW Chairperson claimed in the media that 498A is abused by women due to ignorance.
- Any married woman dying anytime through out her marriage must be treated as a dowry death .This was done with the clear intention to increase the dowry death numbers so that that can be used as a fudged statistic.
- NCW recommended the removal of adultery by wife as a clause for divorce. In India women as it is cannot be convicted for adultery. According to NCW recommendations men must not be able to get a divorce even if their wives leave them and maintain sexual relations with other men.
- NCW recommended that giving Dowry must not be considered as a crime .Taking Dowry taking will remain a crime for men however, giving dowry will not be considered a crime for women and their families.
The Future of this National Commission for Women
The ‘National Commission for Women’ which had transformed into ‘National Commission for Wives’ has today transformed itself into the ‘National Commission against Men in the background. NCW, originally designed to be an astute body working for the genuine causes of women has today miserably failed in its duties to protect the rights of women and safeguard the same as the arrest data published by the National Crime Records Bureau shows that more than 1, 23,000 women have been arrested in the last four years for complaints under Section 498A of the Indian Penal Code.. The organization has completely lost credibility in all aspects and today relies on fudged numbers to promote its cause of family destruction. The organization has today been reduced to just a haven for radical feminists who propose virtually anything that will lead to further destruction of the Indian family system. The organization has totally lost direction and purpose and has become burden on the tax payers of the country, 82% of who are men. Most of the organization’s recommendations are outrageous and totally unfair to men in general. The organization never speaks about misuse of the law by women and never recommends ways to arrest misuse and has today become an engine to draft more biased anti men laws. The organization needs to be shuttered at the earliest.
I, an Indian Citizen henceforth request the Indian Government not to channel any percentage of my tax money to fund an organization like the NCW whose sole motivation is to promote “Family terrorism”