Sunday, December 31, 2006

The tumoultoux year 2006

The heralding of the year 2006 saw something in the January it was astonishing. The sif site statistics showed a jump of 100% in the month of january a feat that was to be repeated in the month of november again. For the whole year we did not see a single month with a dip of vistors at all.

?The year started with 7000 vists amonth . and ended with over 150000 vists a month a 20 times in asingle year.

the year started quitely enouhg with natural oragnic albiet schorching growth . It started quitely with SIFs persuation and courting at the descicritics news site. a few articles a few debates and Sif made friends in the pwoerfull friends in the intellctual coomunity of the bloggers.

SIf grw from a 30 blogger to a strength of 100 bloggers intheyar 2006. while the script of the SFI was being written and growing in the blogworld in the early part of 2006.

March - July was a time of fiernce debates where ini we were forced to evaluate certain of our assumptions yet whatever self doubts we had at any points vanished with this tremendous churning intellect and we can believe that for all the posturing in comments there was a tremendous understanding. It also established SIF as serious independent thinker of their own right and alo gave a voice to people that gender relationshipp should not necessarily be looked at from the jaundiced feminists viewpoint.

July 31st heralded the arrival yet it was a baby step with SIf members victimisations was highlighted in Media. First of the block were Bharati , Raj and gokul in Z news . It was followed immediately on August 1 and 2 of the two days front page appearance of Pandu Ram .

Judiciary after two years finally took cognisance of the fact that threatening to kill an unborn child for money is a criminal offense in the month of august when they summoned sushmita bag for the same .

The media awoke from it slumber and there were a slew of articles on the same. It vecomes difficult to even recount. Personally I gave 7 interviews of which 6 were shown or published only AAj Tak held back .

The things started calmind down untill Renuka chowdhary gave us our Diwali Gift and made the now infamous statement " Men to suffer " showing the true colours. Some research by SIF also showed that renuka's daughter Poojitha had filed a dowry case against her UK based Husband. Whether true or false one doesn't know. But it is clear that all the women in NCW are either divorcees or had some kind of experinces which they classify as bad.

This gave a chance for SIF to jump in the fray .

CNN IBN swarup literally walked into the women organisations lair and argued against 3 feminists flavia agnes , Sagarika ghosh and one unnamed person who claims to be a victim .

folled up with India today , Times of India , Hindustan times , Indian Express all of whom gave to our surprise a resonable balanced coverge. Menwhile on October 30th the first dometic violence case was filed and it was found to be a false case and this was the case of Azim premji ,Gaurav Nigam and Tripti . Tripti based her case on a false premise based on false facts . Judiciary has been surprisingly gracious enough in not charging her for misuing the judiciairy.
Save Indian family provided full moral support to gaurav and encouraged him to to speak to the media through a press confernce . Tripti who till then was like a lioness urging and forciing the media to show her story suddenly found that she needed to consult a lawyer and comes with a weak statment that she loves her husband. Suddenly she finds love for her husband after ranting about him in the media ?

NCW was shown to be badly out of touch with reality and changed social conditions as they blundered through the adultery issue.

Finally ponds provided a befitting year end gift by withdrawing their ads respecting our sentiment and recognising that their ads could act as provocation to file false domestic violence case .

Monday, December 25, 2006

Time to wean away women from economic crutches

for centuries untill the mid twentieth centuries women were not granted permission to engage inthe economic activities and take care of that . They were made to be an economic burden on some male . The dowry system was prevalent in many sections of the socitey and country with the recognistion that it was unfair to place the entire burden of economic wellbeing be placed on the husband and was a response to this recognised unfairness.

As the twentieth century progressed the hurdles towards women participating in the economnic activity strated reducing and by the 21st century the hurdles have more or less dissolved in most sections of Indian society . Strictly speaking now with independent access to economic activity the women no longer need to be dependent on the husband education

However it is being seen in court that women still treat themselves as "Abla Naari " needing financial assitence from some male mostly her husband. Given the current social scenario now it becomes imperitive that women be weaned away from this dependency on income earned by husbands sweat. There is no longer any need for demand financial assitence from husbands to run their lifestyle .

The hindu marriage act also clearly staes that when a women has access to independent income then she is not entiteled to financial assitence in form of maintianenece or alimony .

Unfortunately financially independent women are still misuing the maintenence laws ( CRPC 125 ) and the section 24 of HMA to demand high money to gain financial assistence. These unscrouplous women even go to the extent of leaving their jobs just for getting hte women from their hubands in a vicious scorched earth policy . Many such cases have come to our attention .

Many women refuse to work inpite of thier husbands encouragement using the sixteenth century logfic that they should be dependent on their husbands.

Many questions asked of Raj Kaushal the marital Counseller from Save Indian family of India TV were of the nature of women not feeling comfertable about going back to work though there husbands wanted them to . After birth of the child they had become more confertable with doinig minor household work with mother in law as unpaid servant .

It is to be understood that it is not as if men feel very happy or comfertable in work environmetn but they do what they have got to do . similarly with the barriers towards economic activity removed it has beocme time that women who misuse the maintenance laws and want to hide their lazyness under the logic of "able Naari" be no loinger entertained .

The scope and canvas of opportunities to run their lifestyle is vast .

Let the men and women live and run the life style to which they are capable of and in the form they want without having to support anothers lifestyle.

Yes 21st century is about taking responsibility of for ones well being .

I can feel nothing but contempt for those families who deliberately did not educate their daughters to be economically capable based on her capacbilties and then want some other male to support for their own wrongdoings

The society has changed . LEt not people who have committed wrong doing of not educating or making their daughters capable go scot free from their own wrongdoing .

Saturday, December 23, 2006

Do we need younger and more modern judges in Family courts?

I had nice day studying the working of the family courts in the Bangalore Judiciary . I am little dissapointed that how little work is being done in a day.

Some telling Figures

Total number of cases listed : - 64 .
Total hours in judiciary : 4.5 hours
Total hours spent on giving dates : 3 hours
Total hours spent on Actual listening to argutments or giving orders : 1 hr 3o minutes

Other Metrics.
No of pages of orders in the day 10 and that too 10 typewritten pages not word document pages of font size 10. I typed a 30 page judgment in a word document into 5 pages word document so you can imagine the productive.

Now I come to the crux .

Real productive work

1. Two evidence of 10 minutes each
2. Argument on maintenance of 5 minutes
This was a really well argued by a yound lady lawyer which gave a me a complete reason as to why we need younger judges in family court
3. Argument for a 30 minutes on child custody matter.
We need younger judges and lawyers becuase it could have been wrapped in 5-10 minutes and in my not so humble opinion in a different judgment I will tell.
4. Remaining 45 minutes on just asking for money from husbands .
Of course it beats me in the 21st century why can;t these fit women work and live their life instead of demanding money from their hubbies

all the remaining cases came up for next dates . A reality which I have seen from many ofthe cases that in any case not more then 1.5 hours is spent on a case . On an average there are 1200hours for work in judicial systems. That means each judge has capacity to dispose of 800 , 850 cases. A capacity in bangalore is of 1700 cases per year . There are 2000 cases filed in bangalore per year . More then 50% go through mutual settlement .So the real amount of cases are only 1000 . So between two judges there is enough capacity handle the current work load. If the many of high productive methods are applied. Comfertably the family court cases can be decided in a year with the current capacity infact the judcial time spent can be increased to around 2 to 2.5 hours per case.

The case which got me thinking that maybe we should increase productivity is here ?
Now let me now tell you the case of 30 min the guy wanted to take his 3 year old child for christmas vacation to kerala with his parents ( childs grandparents ).
The wife alleged that whenever the child was left with the husband then the child was given hotel food etc.

The issue is
1. Can a father be allowed to take care of child for 7 days ?
2. Is this father such that should not be allowed

The argument happened on for 1st point itself and finally judge gave his decision on this matter by saying that a child of 3 cannot stay with his father without his mother ?
30 minutes should not have been wasted the judge should have said his mind is made up he does not believe a child of three can stay away from his mother for this duration. Should have finished in 3-4 minutes ?

This has however made it very clear that we need judges from younger generation of man and women who have seen confident men taking care of their baby aged children. Many men gift their wifes spa holidays of two - three days away from children . My nephew of 2.5 year old stayed with me for 7 days to allow a break to the parents of the child and he stayed really happy . The older generation judges have never themselves confidently looked after baby aged children and hence protray their own fears amd not recognising the reality of the new age men who is confident of looking after children.

This was was right judgment for his generation not ours.