Tuesday, November 16, 2010

Injustice in India

SALEM: A national-level coordination forum of men has called for protection from wives and live-in partners whom they charged with exploiting women’s welfare legislation that arm them with ‘unbridled’ power to act against men.

The men, who claim to be ‘victims’ of such legislation from all over the country, spent three days in a resort at the hill station of Yercaud near here to deliberate on how to protect themselves and their kith and kin from harassment and to kick-start a campaign to impress upon policy-makers to think about their plight before enacting such lop-sided laws.

The forum said that many women were abusing these laws for nefarious gains by filing charges against their husbands and partners.

The provisions in these statutes, they called, were ‘anti-men’ leading to suicide of nearly 60,000 men as against 32,000 women annually.

Between 2004 and 2008, seven lakh men and family members were arrested including 500 minors and 5000 aged people, they claimed.

They pointed out that, for instance, laws such as the Dowry Prohibition Act, Protection of Women from Domestic Violence Act, Sec 125 of Cr. PC and above all Section 498A of Indian Penal Code were too stringent and non-bailable.

Women’s lobbies

“Though a debate is going on in legal circles on whether to amend or not especially Sec 498A to prevent its abuse, a few powerful women’s lobbies are blocking it,” said Suresh Ram, National Collegium member, All India Men’s Welfare Association, which organised the 3 {+r} {+d} Men’s Rights Conference of the Delhi-based Save Indian Family Foundation at Yercaud in Salem district.

Delegates from Maharashtra, Assam, West Bengal, Uttar Pradesh, Karnataka, Andhra Pradesh, Chattisgarh, Madhya Pradesh and from the U.S. attended the deliberations.

A majority of them were from Karnataka, mainly young Information Technology professionals. They said that they would urge the government to replace the words ‘Husband and Wife’ with ‘Person’ in the said acts. They said that cases before Family Courts should be expedited and settled within two years.

The government would be approached to form National Commission for Men, they add.

Father's suicide

Fathers fighting for custody of their kids often consider suicide when times are tough.
"Seventy per cent of the fathers I talk to seriously think of suicide," said Paul Hidlebaugh, who used to run an advocacy group for children in custody battles and is an advocate of fathers' rights.
The Chilliwack father was saddened but not surprised by the suicide of Darrin White.

White, of Prince George, was in a difficult custody and divorce case and was facing a spousal assault charge when he hanged himself this month.

Hidlebaugh said fathers feel the justice system is unfairly biased toward women, making it almost impossible for men to get fair access to children or to pay reasonable support.

One of the biggest stumbling blocks is the difficulty fathers have in getting joint custody, which is available only if both sides agree.

"Lawyers tell their female clients not to agree to joint custody because it can limit the amount of support they can get from the father," said Hidlebaugh.

Since guidelines were introduced in May 1998, support for children has been based on the gross income of the payer, generally the father.

"That's ludicrous," said Hidlebaugh, who was left with only $500 a month for rent and expenses by court order.

Jeffrey Asher, a professor at Dawson College in Montreal and an expert on men and suicides, believes the stress of separation and divorce is just too much for some men.

"This is a grim decision. When fathers lose their function as fathers, or are replaced by the new partner, the devastating loss deprives some of them of all hope for the future."

The suicide rate for divorced dads is twice that of divorced moms.

Frightening facts like this prompted the federal government to overhaul the Divorce Act and change income tax laws in 1997.

Said retired B.C. Supreme Court Justice Lloyd McKenzie, now a spokesman for the court: "The guidelines are an effort by the federal government to simplify things . . . but it is not easy stuff by a long shot.

"The most difficult part of the judge's job in this type of case is to decide on issues of credibility because the judge hears different versions of the facts and the judge must decide where the truth lies."

In the Prince George case, White's supporters say a court order to pay support totalling more than twice his earnings drove him to suicide.

But, said McKenzie, the judge could only use the guidelines and go on the evidence, which showed that White's average annual earnings were $60,000. The low income at the time of the case was due to a stress leave expected to last only a few weeks, the judge found.

Said McKenzie: "While there is always room for discretion the amount of judicial discretion is narrowed by the guidelines."

365 182 fathers

365, 182 or less…These are frightening numbers to look at as a father. Somewhere in the U.S. today, there is a newly divorced father facing his final hearing in a family court room. A judge is making a decision that will change the number of days that the father will spend with his children forever.

Back in 1999, all I got was 30% custody. My life had changed in an instant. I was so desperate and angry. It just seemed so unfair. I can remember the advice my attorney told me over and over again, “This is just the beginning custody schedule; through your time and effort, things will change. Just bite your tongue, make every effort to be available for your kids and we can always re-petition for more time.” Times have changed in some courts, but it’s still a shock to see how little time newly divorced fathers get in their custody agreements.

Foster Parents

Choosing Foster Parents over Fathers

In the heartbreaking Melinda Smith case, a father and daughter were needlessly separated by the foster care system for over a decade.Smith was born to an unwed couple in 1988. Her father, Thomas Marion Smith, a former Marine and a decorated Vietnam War veteran, saw Melinda often and paid child support. When the girl was four, her mother abruptly moved without leaving a forwarding address. Two years later, Los Angeles County Department of Children and Family Services found that Melinda's mother was abusing her.

Though the social worker for the case noted in the file that Thomas was the father, he was never contacted, and his then 6-year-old daughter was placed in the foster care system.Thomas--whose fitness as a father was never impugned nor Thomas--whose fitness as a father was never impugned nor bills.Authorities refused to disclose his daughter's whereabouts, and didn't even inform him that his daughter had been taken by the County. Smith employed private investigators and attorneys to try to find Melinda and secure visitation rights, but he eventually ran out of money.

Rather than allowing Smith to raise his own daughter, the system shuttled Melinda through seven different foster care placements. An understandably angry child, her outbursts led authorities to house her in a residential treatment center alongside older children convicted of criminal activity--when she was only seven years old.Melinda says that during this period she was told that her father was a "deadbeat dad" who had abandoned her. When Melinda was 16, she told an investigating social worker that the "most important thing" for her was to find her dad. Moved by her story, the social worker began searching for Melinda's father--and found him in one day. In 2005, Thomas and Melinda were finally reunited.


This is one more example how fathers are facing injustice out of divorce cases when court privileges the mother in all cases and don't consider at all the bond between the father and the child