A civil court that violates Indian Constitution

In order to give its National Women’s Commission (NCW) more teeth the Indian Govt. has recently come up with a proposal of amending the NCW ACT 1990 and elevating the commission to the status of a civil court with powers to issue arrest warrants.

NCW

At the outset let’s look at the following amendments suggested in this act –

  1. Under this amendment ‘complaint’ means – “written petition etc. received in the commission or by the chairperson, any member or any officer from an aggrieved woman or a group of women” – So under this section only women can raise a complaint. NO man raise a complaint here still this is termed as a court.
  2. “Complainant means an aggrieved woman or a group of women who have made a complaint personally or any individual or organization who has made a complaint on behalf of an aggrieved woman or a group of women” – So now any feminist organization who wants to extort a man or a group of men or any organization can file such complaint with NCW. It may also be any man trying to take revenge on another man can file such complaint using a woman as a pawn.
  3. “Take up cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authority” – Irony is the formation of this commission which in itself violates articles 14 and 15 of constitution and articles 39 and 39A of Directive Principles will investigate matter relating to violation of constitution.
  4. Non implementation of laws enacted to provide protection to women – So this court will only protect women come what may. So even if the complaint is found false or ruins a man’s life completely this court will still protect the woman and will never punish or penalize the woman simply based on gender. So now filing false cases becomes easy for any woman or any man with unscrupulous motive to ruin any man’s life or institution.
  5. Fund legislation involving issues affecting large bodies of women – So NCW will now work for raising funds for women bodies. Easy for women NGOs to raise govt. funds. Most of which comes from male taxpayers but goes to maintain an institution and laws against men.
  6. “The commission shall…..have all the powers of a civil court, namely –a…….f,g. Ordering costs in cases where there has been willful disobedience to any order of the commission, issued under..
  7. Penalty for default – Thecommissionmaycompelthe attendanceofanypersontowhomasummonhas been issued ….and may
    1. Issue warrant for his arrest
    2. Impose a fine upon him (not exceeding Rs. 5000) for every incidence of default. – So any time one person misses a date with NCW he needs to pay a fine of upto Rs. 5000.  Now imagine a disgruntled housewife from Kolkata files a report in commission and the husband or the accused man from Kolkata has to travel to the state commission to attend the dates else pay a fine. This is completely outrageous as there is no upper limit of complaints that a woman can file.
    3. “The commission shall have the power to require subject to any privilege which may be claimed by the person under any law….to furnish any information in respect of the subject matter of the enquiry who shall be deemed to be legally bound to furnish such information …” – So all institutions will be legally bound to furnish all information sought by the commission and no one can hide any information if the commission so asks for it.
    4. On finding violation of women’s rights – Commission will initiate proceedings for prosecution or may grant such immediate relief – We have seen that under DV ACT immediate relief in the name of interim maintenance is allowed immediately on complaint and most of the time without even looking into merits of the case. This happens even when the wife is working and the husband continues to pay maintenance even to the working wife. Once NCW becomes a court there will be addition to one more layer of such maintenance and the wife will be given one more court to apply for maintenance.
    5. Acts done in Good faith– No prosecution or other legal proceeding shall lie against any member of the Commission or any officer or other employee of the Commission or any person acting under directions of the Commission, in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules, regulations or orders made there under.”- No matter what the commission does no one can file any complaint against the commission anywhere including in Supreme Court.

The proposed amendment to NCW act for converting it into a civil court with arrest power completely violates following articles of Indian Constitution –

  1. Article 14 of constitution that says – The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. By making an institution committed for women causes as a court with arrest power the govt. is clearly denying justice to men by not giving them a chance to file complaints in these courts. This will only make mockery of our justice system and reduce the credibility of courts.
  2. Article 15 of the constitution – Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. Even though article 15(3) says “Nothing in this article shall prevent the State from making any special provision for women and children”. This is because the discrimination that 15 (3) wanted to remove when it was introduced was given in 15(2)(a) and 15(2)(b) –
  3. 15 (2)(a) – access to shops, public restaurants, hotels and places of public entertainment; or b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
  4. Article 39 – Certain principles of policy to be followed by the State.-

The State shall, in particular, direct its policy towards securing-

(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;

(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;

(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;

If the honourable Supreme Court of India still doesn’t react to such grave abuse of our constitution then it will only be considered that Indian men are enslaved by feminists. It is also the need of the hour for every Indian citizen to protest against this abuse and write to all the MPs in protest.

If Indians fail to stop this today they should not expect justice tomorrow. It does not matter if they are a woman because any unscrupulous woman can file case/s against their male relatives and extort money from them. If one has a son and if she is tortured by her Daughter-in-Law then she can’t expect justice from this court as already we have instances from WB Commission of Women refusing to take up such pleas from elderly women –

NCW

We have many other instances where different state commissions did not take up complaints from parents of a man. With presence of 49 different gender biased laws, a national commission of women, one ministry for women, so many other facilities provided to them every day men in Indian society are forced to commit suicide or crime as they are fast losing all rights of a peaceful existence.

Suicide in India
Suicide in India

It is NOW or NEVER. If you don’t act today, don’t cry tomorrow. Protest against this atrocity in the name of women empowerment in India.

To protest against this Indians can do any of these –
1. Share this article with everyone in their circles and ask them to write to WCD ministry, PMO and Home Ministry immediately and protest against this.
 
2. Also ask others to do the same to spread the knowledge and awareness. 

You have very limited time to save your future.

Remember, YOU

 You

are solely responsible for your fate

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4 comments

  1. Government of India clearly knows that 98 percent of cases filed by women are false even then laws against men and giving more powers to commissions like NCW’s are totally injustice towards men . Draconian laws against men be amended and should not be gender biased .Supreme Court has already pronounced these as legal terrorism . Government of India should take due note of this and should amend laws in such a way that women filing false cases be swearly punished so that no woman dare to file false case .

    Like

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