Paternity Fraud is a child rights issue

First Published on CNN

Paternity Fraud

*Image Courtesy – http://www.robertmasters.org/paternity-fraud/

In India, the adultery laws are women friendly. Even though Indian husband can get a divorce for his wife’s adultery but proving adultery under the same legal framework is next to impossible. It can only be proved if a competent court orders DNA test of the child born outside the marriage or the wife lives with someone else. But no court can legally bastardize a child and so DNA test order is given sparingly. Moreover, even if a wife is found to be in adultery, she can not be punished under the existing Indian laws.

There are many cases that are coming up to Indian men’s rights groups where men do not get any legal recourse for paternity fraud by their wife and ultimately has to settle for divorce by paying maintenance to the child and even to their wife at times.

Paternity Fraud resulting out of this adultery by the wife, is a crime that affects children the most. In Indian society pre marital or extra marital affairs is no more a taboo and hence women enjoy sex in every possible way they want. However, it is the men who have to undergo extreme cruelty under each of these cases. They are either termed rapists later or bear with paternity fraud about their children.

Children being young do not understand the impact in the initial years and they take their mother’s words to be true for their paternity. Many a times they need to accept someone other than their biological father as their own father and most of the time they accept this without any knowledge that they are being cheated by their mother.

With changing social scenario India needs to take this into cognizance and stop child abuse in the form of paternity fraud. Children deprived of their real fathers are forced to live with either their single mother or with someone else who doesn’t care about them. As a result these children suffer from cruelty from their mother as well as their new father. These are the children who resort to crime and drug abuse at a later stage.

Paternity needs to be viewed as a child rights issue rather than a women’s rights issue. This child abuse needs to be stopped at the earliest and every child need to be given a right to know the name of the real biological father. It is thus fruitful to conduct a DNA paternity test at the birth of every child as a compulsory measure to determine the paternity of the child to establish this right and stop this child abuse.

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Related Article –

1. Paternity Fraud and related crime to continue in India

2. Adultery: When you suddenly discover the child is not yours

3. Dear single mother child: your mother might have deprived you of the best parent

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11 thoughts on “Paternity Fraud is a child rights issue

  1. huh??? like, really? make DNA test mandatory for every child born in India? pre marital sex is not taboo, so only the women enjoy sex in every possible way they want? What about the men? Making pre marital sex non taboo also makes them “enjoy sex in every possible way they want”? No? And they can walk away from parenting responsibilities pretty easily. the poor woman has to carry it around for the rest of her life.

    You are angry that a woman can name anyone as the father, even if he is not the real father. But your arguments are so flawed, and the thought process leaves me speechless.

    Lets just see this from another perspective – why would a woman want to name someone who is not the father. you have mentioned (and incorrectly assumed) that the only reason is adultery. Let me give you some more:
    1. Woman has been raped by another male in the family for years and cant talk about it. Or is told to shut up by another member of the family (usually, the mil).
    2. Rape victims who are forcibly “married off” by their well intentioned parents before the pregnancy becomes known. This girl is dealing with the pain of rape, and being used by her husband every night, unmindful of her early pregnancy.

    See? All roads don’t lead to Rome.

    “As a result these children suffer from cruelty from their mother as well as their new father. These are the children who resort to crime and drug abuse at a later stage.” .. errm.. and your source of this lovely information would be???

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    1. “2. Rape victims who are forcibly “married off” by their well intentioned parents before the pregnancy becomes known. This girl is dealing with the pain of rape, and being used by her husband every night, unmindful of her early pregnancy.”

      “being used by her husband” – i would consider that husband a victim of the fraud played by the “well-intentioned parents”. marrying a rape victim is no shame…being lied to and taken for a fool by your wife and in-laws is fraud and so is marrying under false pretense. The poor husband should be empathized with, not be asked to bear the cross for something he is not even remotely responsible. The law should go after the person responsible for the rape crime and not just grab the closest bakra and shove the situation down his throat.

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    2. Do you have some ethics left…to defend?
      1. You are trying to justify marrying your so called notion of “well intentioned parents” who marry off their pregnant daughters to someone else….what about their responsibility ..do you have anything to comment about responsibility of her parents.

      2. Secondly you berate the institution of marriage wherein you call conjugal relationship by “being used by her husband every night”. What on earth are you thinking…? Shameless preaching…leading upto some brothel riddled mindset..get a life and perspective.

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    3. huh??? like, really? make DNA test mandatory for every child born in India?

      Your last question mark: To which society you belong? What’s wrong with your nature? What offends you in the above statement? Be a male in your next life you will understand.

      pre marital sex is not taboo, so only the women enjoy sex in every possible way they want? What about the men?

      Consentuous sex by both is being termed as rape on woman committed by men if terms fail between the two.
      Put aside consentuous sex. Let us take the genuine rape if a woman is subjected to; as per your statements in quote under

      “2. Rape victims who are forcibly “married off” by their well intentioned parents before the pregnancy becomes known. This girl is dealing with the pain of rape, and being used by her husband every night, unmindful of her early pregnancy.

      See? All roads don’t lead to Rome.”

      I just tried to understand your concern here.
      1. After being raped why the girl is getting married again?
      2. Being married to someone who did not rape her.
      3. Force full marriage by her well intended parents – Married to whom? The rapist? If the one whom she is married to is not her rapist, isn’t she aware of this fact that he is some one who is anticipating to marry a girl who can be like his ideal mother…. Force full marriage by girls parents. Ok fine. Rapist is safe. Well intended parents are safe. Illegitimate child is safe. Raped girl is safe. Only the husband whom you get married to if asks for DNA is far more criminal than the rapist? Than your well intended parents? You can’t fight against the rapist, you can’t fight against your well intended parents, you can’t get married to the rapist and you come and blame a husband who is not aware of any of these facts. A husband who MARRIES to satisfy his biological needs with his life partner, you term this as “use by husband every night”

      Poor woman, in which school did you study? What’s your perception about husband and marriage????

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    4. 1. Why a gender neutral law can not be framed?
      2. Why the women is termed as helpless but if you will go through the NCRB report, more men are forced to committ suicide due to family problems but no body or no organisation raise this issue.
      3. The 498A is termed as legal terrorism by Supreme Court. Moreover, due to this act women are also suffering?
      4.So the women are the one who use to enjoy all privileges whether at home or workplace. They enjoy sex with boss to get easy career progression and if the promise are not fulfilled as per their desire then it is termed as “RAPE” by them. Because they use to allege that they have been raped for say 11 months, one year and so but if you are going to your office daily in a normal manner then how it can be rape and if somebody tried to do so then why you have not slapped that man on the very first day or reported to police. It itself indicates that they enjoyed sex.
      5. If sleeping with husband is a rape then don’t get married at all but that is not possible because ladies want to enjoy on their husband’s money and use them as ATM for her and her parents too and if a men denies to give money to her parents or fulfill unnecessary demands then it is domestic violence.
      6. If a man sleep with other woman then it is adultery but if a woman do so it is fine.

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  2. Why the woman is poor in your view when she can take all her decisions on her own. Oh women like you never want to take responsibility that’s why? Don’t you consider women capable enough taking their own decision of sex? If not, you don’t consider women as a human being. If yes, they should take responsibility no? The same poor woman can file rape case on any man she slept with, man does not have that choice. Why is that women given that freedom? Don’t they understand what is moral and what is not?

    1. “Woman has been raped by another member of the family” – Your example, I have never come across such things. But I do know women do have many adulterous relations and there are many news items on this too.

    2. Rape victims being forcibly married off – haha…that is another way to marry the man of choice. I know one case where the girl had to confess in court about it. Easy way to marry the man of choice..for all girls.

    Children leading to criminals – look at the western world you will know. Do you read anything research material on western sociology? or family matters? I know your study habits are limited, do read more, you will know..

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  3. Personally I have known someone (married women)
    who becos her husband was not ready to have a baby offered a guy opportunity to someone else and she never bothered about anything else..

    but anyways that was one case I have seen

    But it leaves a question on why being so biased about thus situation lets keep it gender nuteral..

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  4. what Partha told is right ,In India paternity fraud is going on…because of this husband had to pay the maintenance to this illegitimate children,

    In india family laws like ipc 498A,DV,child custody ,maintenance should be gender neutral.

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  5. i really dont empathise with men anymore,i use to but now i dont.infact i have five children but only one is for my husband and he doesn’t know.after all the selfish things you men have done!!!!!! such as rape,pedophilia,adultery,killing eachother to rape each other’s woman(as is evident in abrahamic religion and many cultures ),murder,lying etc.am happy that each one of the children are from different men 🙂 you men(except the ones coming from good cultures) more-than deserve this!!!!

    Like

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