Archive for September, 2008

Ban NCW, Demands Save Family Foundation

September 15, 2008

To:

Shri K.C. Jain
Joint Secretary (Coordination and Public Grievances)
Room No. 9, North Block
New Delhi-110001
Telefax  No.23092392
E-Mail:
jscpg-mha@nic.in
           dirpg-mha@nic.in

CC:

The Honorable Minister,

Ministry of Home affairs, Govt of India

 

 

Sub: Ban NCW and their associates – for promotion of Legal Terrorism in India.

 

Respected Sir,

This is pertaining to the recent proposal of amending National Commission of Women (NCW) Act 1990, elevating the status of National Commission of Women to that of a Civil Court with powers of prosecution and execution under various IPCs for criminal offences too. The NCW has proposed powers equivalent of a Union Minister to the chairperson and that of a state minister to the members of the National Commission of Women.

Save Family Foundation, a non – profit, non funded NGO, promoted to the cause of spreading the message of Gender Equality and Family Harmony in the society, has some strong objections to such a proposal and demands the ban of NCW, their associated organizations and Lawyers associated with them as per the provisions of section 4-3(d) and 4-3(f) of the National Commission for Women Act 1990 (NCW Act).

Section 4-3: The Central Government shall remove a person from the office of Chairperson or a Member referred to in sub-section (2) if that person-

 

(d)  Refuses to act or becomes incapable of acting;

(f)     in the opinion of the Central Government has so abused the position of

Chairperson or Member as to render that person’s continuance in office

detrimental to the public interest;

NCW was set up in 1992 to:

  • review the Constitutional and Legal safeguards for women ;
  • recommend remedial legislative measures ;
  • facilitate redressal of grievances and
  • advise the Government on all policy matters affecting women.

 

NCW have already grossly taken undue advantage of powers bestowed on them to draft ridiculous laws like 498A, 304B, CrPC 125, PWDV Act of 2005 that has resulted in grave injustice to women. Some startling impact of laws proposed by them and implemented by the government are:

  • It took Britishers 10 years to arrest 5000 women(1937-47) but more than 95000 women (18 times) were arrested under IPC 498A in just 4 years (2004 – 2007) without trial and investigation.
  • The maximum number of women arrested by the barbaric British Government in 1930 was approx 17000 women for their involvement in Dandi Yatra (Salt March), which is much less than what the women being arrested today every year.
  • NCW refuses to entertain complaints filed by mothers and sisters of husbands who are harassed by their daughter-in-law/sister-in-law and their relatives.

 

NCW is openly promoting the Legal Terrorism in this country through duplication of laws and violating the Indian constitutions article 14/20/21 and refuses to show any concern to protect the constitutional duty to save the life and property of every citizens of India.

 

We at Save Family Foundation have numerous reasons to support our demand of Intervention of the Home Ministry for the dissolution of the present commission and Ban NCW.

 

As per provision of section 4-3(d) the Refusal to act or becoming incapable of acting on part of the commission chairperson or members, the central govt. may remove that chairperson or any member from his post. Below are some examples:

 

  1. As per section 10-1(a) and 10-1(f)(i) of the NCW Act, defining the functions of the commission, NCW is supposed to take cognizance and investigate complaints from women where women are being deprived of their rights or for the matters relating to the safeguards provided to the women under constitution. But we regret to report to you that even after being given powers to investigate and declared as the biggest single organization representing women of India the NCW has refused to entertain the complaints of women. We at Save Family Foundation herewith are attaching with this letter three such refusals as Annexure A-1, A-2 and A-3.

 

Does these women, fall under the definition of woman as per NCW?

Does the mandate given to the commission by central govt actually make any differentiation between one women or the other?

Or is it like there is no regulatory body to stop or at least monitor the NCW, acting on their own whims and fancies?

 

  1. It has been more than two years since the Right to Information Act 2005 came into force. NCW even after provided with heavy grants to the tunes of crores and central govt. appointed staff is not able to setup a proper administrative system for the redressal of the applications under Right to Information Act, even after repeated warnings from chief information commissioners.

The latest example of such incapability could be seen from the Complaint Nos. CIC/WB/C/2008/00425 & 426 dated 12-5-2008 to the chief information commissioner (CIC) regarding the famous case of brutal killing of children at Nithari, Noida. The National Commission for women has tried everything to hide the letters written to the Prime Minister Office giving false status of the case and then tried to save their skin by making mockery of the RTI Act and hiding the copy of the letter to PMO from the Indian citizen, The below excerpts from decision of the chief information commission and the sharp, shameful comments from the CIC questions the capability of the present commission and the continuance of the present chairperson on the present post.

 

“Having heard the arguments and examined the files we are constrained to observe with deep regret the lack of a functional system in the National Commission for Women in dealing with so important a case that was brought before the NCW by Commander Lokesh K. Batra. It is strongly recommended under the authority vested in us by Sec 19 (8) sub-section (a) to the Ministry of Women & Child Development that the Ministry institute a regular administrative structure for the Commission, which will then bring its functioning into conformity with the RTI Act, 2005 by instituting a system of maintenance of records in keeping with Sec 4(1), particularly sub-section (a). This exercise may be completed within thirty days of the issue of this decision notice under intimation to Sh PKP Shreyaskar, Jt Registrar, Central Information Commission.”

 

The complete judgment of the CIC is attached herewith as Annexure-B.

 

 

As per provision of section 4-3(f), if in the opinion of the Central Government any member or chairperson of the commission has abused the position of Chairperson or Member as to render that person’s continuance in office detrimental to the public interest, the central govt. may remove that chairperson or any member from his post. Below are some examples:

 

  1. The malicious intentions of NCW at present are to destroy our Indian society under the influence of foreign funding agencies by misguiding Indian public through projecting white lies and false statistics. The false claim by National Commission for Women (NCW) that in 70% of divorce / maintenance cases adultery is being misused to disgrace women under Section 125 of CrPC is latest example how NCW is  projecting false figures of statistics which in reality doesn’t exists at all.

 

There was an article in Times of India dated 18th August 2007 titled “Wives accused of adultery must get alimony: NCW”, Annexure-C-1. In this article the chairperson of NCW Ms Grija Viyas claims that the provisions in Section 125 of CrPC are being misused to discredit the women and adultery cases are framed against women to deny her basic expenses; and NCW will move Supreme Court for review of Section 125 of CrPC.

 

On the same lines there was another article in Times of India dated 30th June 2008 titled “Maintenance for live-in partner”, Annexure-C-2. In this article NCW claims that in 70% of divorce/maintenance cases adultery is being misused to discredit woman, woman is disgraced and denied her rights.

 

Based on these Articles a women rights activist filed an RTI (Annexure-C-3) on 9th July 2008 requesting NCW to provide her- “Any Govt. or Commission report, survey or any other statistics collected by Govt. by which NCW can claim that in 70% of divorce/ maintenance cases adultery is being misused to discredit woman, woman is disgraced and denied her rights”. In reply to her RTI, on 24th July 2008, (Annexure-C-4) NCW categorically stated that “NCW does not have any records which show that in 70% maintenance cases under Section 125 of CrPC adultery has been alleged and proven misused by respondents”.

 

NCW chairperson herself was misguiding and misleading Indian people. Any such vague and irresponsible statement in media by the chairperson of an organization which represents the women of this democratic country puts a question mark on her holding that post. The chairperson of NCW has gone to the extent of taking refuge under lies and false statistics to push for the dangerous projects of foreign funding agencies. There were similar other questions asked in that RTI which were answered the same way and could be read thoroughly in the Annexures attached.

 

  1. The NCW in order to save their skin has misrepresented the facts about Nithari child killings case even to the prime minister in her letter to PMO dated 15th Jan 2007. The exposure by Indian express daily as attached in the Annexure-D here could be referred here. The NCW chairperson wrote a letter to the prime minister and UPA chairperson sonia Gandhi that “NCW had taken prompt action as soon as report of missing girls was brought to its notice” but “neither guardians nor parents of the missing girls nor any media person or any other organization approached us (NCW) for any further action.”

 

But the real fact was that a social activist Usha Thakur was following that nithari case and her complaints were pending before NCW, even then the wrong information to the PMO was defended saying: “availability of the complaint was not known to the Chairperson (Girija Vyas) and other senior officials at the time of writing the letters to the honorable Prime Minister and Sonia Gandhi.”

 

  1. Save Family Foundation strictly object to the stewardship of the existing chairperson, Smt Girija Vyas. She has a chequered past and has been involved in “The Petrol Pump” Scam. The news came in every daily, including the Indian Express edition dated October 24, 2004. The news can be found as annexed in Annexure-E.

 

 

 

 

 

Some excerpts from the reported news of corruption are reproduced below:

  • Considering that two members of the DSB (Dealer Selection Board) were officers from oil companies which are controlled by the Petroleum Ministry, the judges were of the opinion that Vyas’s position in the Consultative Committee resulted in a biased evaluation of qualifications.
  • Vyas failed to fully disclose her income. A letter from Registrar of Mohan Lal Sukhadia University showed that Vyas was working as an Associate Professor until October 10, 1999 whereas the income statement furnished by her did not indicate the amount received from the University during April-September 1999.
  • Vyas did not include the pension she receives for being an ex-MLA while certifying that her income was below the mandatory Rs 2-lakh ceiling. Vyas was MLA from Udaipur City during 1985-1990.
  • Dealer selection rules seek a full-time dealer to run the pumps. The committee was of the view that Vyas should have resigned from Parliament after her selection. Vyas did not do so.

What could be said about the conduct of a chairperson who has lied and pulled strings to get Petrol Pump dealership, lied and fudged statistics about adultery in maintenance cases to push for the agenda best known to her and her inability to do anything for more than 1,20,000 innocent women who were arrested in last four years under draconian women protection laws.

It has just come to our notice that NCW now wants to have the powers of a civil court with powers of execution and punishment and status of Union ministers within the scope of NCW act 1990. We are just surprised that they haven’t asked for Z category protection from the numerous women of the country, illegally jailed. We failed to understand what women empowerment would result out of these demands despite the fact that while investigating any complaint, members or chairperson of the commission are already empowered to execute all the powers of a civil court trying a suit as per provision of section 10-4 of the NCW Act?

The amendments proposed by NCW in the NCW Act 1990 are as vague and clumsily drafted as the first drawing of a baby. It is an attempt to create a parallel judiciary and sow the seed of fatal gender discrimination. It is a dangerous attempt to get extra constitutional powers, even above judiciary, executive and legislature, in the name of women welfare.

 

 

 

 

 

Save Family Foundation explains below a point wise analysis of how the amendments to NCW Act suggested by the present commission are vague, absurd and extra constitutional:

Preliminary Objections:

  1. The law of this democratic country is beyond any cast, religion and gender differentiation. Despite all the appreciations and criticism, even the constitutionally appointed judiciary has failed to avoid the natural inclination of the Indian male to sympathize with a woman. Will NCW be able to maintain the gender equality as per our constitution while trying any offence against any woman? Will it initiate proceedings against a woman if she was found to be lying? Will it readily accept the grievances of men too? Will it maintain the equality within same gender i.e. all women will be considered as women?

A court of law, supposed to be a temple of justice, is a place where people get their grievances redressed in a procedural manner and such a temple has a very high demand to be fair, unbiased, impartial and just. Granting the status equivalent to court to a women’s commission is direct and in – the – face discrimination against men who are anyways facing a lot of discrimination even in the current scenario when NCW has no judicial powers and every year more than double the number of men are committing suicides than women, thanks to the heavily lopsided and duplicated laws supported and pampered by NCW. One can only imagine the situation when such a body filled with people of anti – male views assumes a position of power.

  1. As the state women commissions are formed on the state’s commission acts which are on the lines of National Commission for Women act itself, the same powers i.e. the status of union ministers and power of civil courts, would be demanded by state women commissions too. Will NCW be allowed to create a parallel judiciary for women while commission members failed to maintain any transparency and found indulged in crimes like demanding bribe and even facing charges of cruelty for demand of dowry?

The latest example is where Andhra Pradesh state women commission chairperson was caught red handed demanding bribe for listening to women complaints. The chief minister had to demand her resignation as a face saving measure. The complete turn of events could be read in the attached Annexure-D which is a clip of news published in deccan herald.

ENRAGED CHIEF MINISTER SEEKS CHAIRMANS RESIGNATION

AP womens panel chief exposed in sting:  http://www.deccanherald.com/Content/Sep152007/national2007091525535.asp : Annexure-F.

 

These are the officials who are supposed to look after the welfare of women! Nice. They may want start by learning about something called professionalism. Here is a corroboration of the allegations of slapping people by state commission member, Annexure-G:

Mary Ravindranath slaps accused in sexual harassment case

http://www.hindu.com/2006/11/21/stories/2006112110870400.htm

 

Section wise Analysis and Objections:

  1. Amendment Sought: Section 3: Constitution of the National Commission for Women – Sub-section 2, clause (c)- in the opening portion, after the words ‘the Central Government’ the words ‘ in consultation with the Chairperson’ shall be inserted.

As per the provisions of section 9-3 of the present NCW Act, the Member Secretary is supposed to authenticate all the orders and decisions of the commission and is a representative/watchdog of the central govt. over the affairs of NCW, besides his/her responsibilities of facilitating, organizing and monitoring the activities of the commission. But if the amendment sought in the section 3-2(c) were accepted, Member Secretary will just be a rubber stamp and act like a puppet in the hands of commission.

  1. Amendment Sought: Insertion of new Sub-Section 8 of Section 10:

Will NCW punish any woman found guilty of the offences under same IPC sections 193, 195, 196 etc. or it will surrender considering her sob story and presumption since the britisher’s colonial times that “a woman is always a victim”?

  1. Amendment Sought: Insertion of new Sub-Section 9 of Section 10:

Due to this subsection regarding Initiation of prosecution, immunity of elected public representatives, judicial officers, diplomats and all, will be jeopardized. The elected public representatives, judges, diplomats and foreign delegates are protected by law and initiation of prosecution against them requires a prior permission from different authorities. The time limit sought to be fixed under this amendment and then the assumption that if such permission is not granted within 30 days it shall be deemed to have been granted by the authorities will make these high profile people vulnerable to any false criminal prosecution.

On the other hand, how could their demand of powers of a civil court result in a conviction for a criminal offence? This is the height of absurdity in the amendment sought as a civil court is supposed to try a civil crime only. The Save Family Foundation, on the other hand doesn’t support any criminal law and trial in family matters at least, except heinous crimes against women.

  1. Amendment Sought: Insertion of new Section10A:

According to the section 8 of the present NCW act, the commission at any time is having all the powers to appoint committees having as many members as required for the investigation purposes. All these committees and NCW members can use the executive powers and complete govt. machinery to investigate any complaint matter. We failed to understand the proposal sought to appoint a number of commissioners and giving all the powers of investigative agencies under CrPC 1973.

  1. Amendment Sought: Insertion of new Section10B:

According to Criminal Procedure Code, section 360, “No court when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error”.

 

When constitutionally appointed judges are not given any authority or right to take back their decision when reserved, how could any commission acting with powers of a civil court trying for offences which could result in an imprisonment be allowed to amend or revoke their orders at any time?

 

  1. Amendment Sought: Insertion of new Section16 A & B:

The provisions of penalties and punishments sought in this act could not be allowed at all. The NCW is supposed to be a watchdog on the investigating agencies but are not supposed to jump in the investigations themselves. The NCW is supposed to deal the family matters and women issues with due sensitivity but the prescribed punishment in terms of imprisonment and such heavy fine under these sections of the NCW act just shows the kind of criminal society they want to make. The amount of such high fines and punishment doesn’t reflect any the commitment of NCW towards women and family.

The so called offence under these sections are not offences of any kind but just an excuse to grab the passports/ the salary/property etc of poor husbands.

 

  1. Amendment Sought: Insertion of new Section16 C:

As the supreme courts are having the interstate jurisdiction and should be trying the cases of constitutional crises, the High courts in every state are the highest judicial authorities for every Indian citizen. The basic principle of law allows every citizen to approach district and session courts for relief sought as per their convenience and choice and if aggrieved by the judgment of the subordinate court the citizen may approach the honb’le High court in the state. By limiting the jurisdiction for the cases arising out of the orders or decisions under this amended NCW act, NCW can not be allowed to highjack the basic rights of an Indian citizen.

 

Has NCW before raising this demand conducted any study on infrastructural requirements at the High courts level?

 

It looks like chairperson and members of NCW now want to turn this commission, a constitutional body into an extra constitutional one and above every law. Even they forgot one concept called separation of powers? Otherwise there would have been no need of the Court/Judges/Police in this country?

The recent proposal to amend Dowry Prohibition Act 1961, to exclude the dowry giver from capital punishment is a direct promotion to dowry menace and saving the accused in a criminal offence. What could be the rationale behind such proposals and what women empowerment this would bring to the society? Will UPA govt. soon amend the Prevention of corruption act to exclude Bribe giver from any punishment as giving or taking of bribe both are also offences of the same magnitude? What kind of chaotic and immoral future society NCW is promoting? This is a direct, open and intentional misuse of the mandate provided to the chair of the commission.

NCW claims to be an autonomous but only an advisory body but it has even failed to work in tandem with ministry for Women and Child Development (WCD). WCD is at present in the process of reviewing 498a and PWDVA 2005 and had constituted a panel of senior lawyers also for the purpose. On the other hand NCW admits gross misuse of these acts but has published in leading dailies that it disagrees with WCD on any amendments in these laws.

On 25th June 2008 the NCW chairperson insulted the Honb’le minister Smt. Renuka Chwodhary by staging a walk out from the round table conference held to listen to men and their harassed family members for the review of IPC section 498a and Protection of Women from Domestic Violence Act 2005. While Minister of States (Independent charge) Ministry of women and child development was discussing misuse of both these laws with prominent researchers, social activists and representatives of some NGOs from all over the country, NCW chairperson and some other members walked out of the conference hall in protest.

NCW wants whole sale free license to promote and support the legal terrorism and no one have the guts to question them for their wrong doing and they want to be above the law.

 

Nobody at present is realizing that why the commission is now famous as a terrorist organization, as dangerous as other banned terrorist organizations like SIMI in this country?

 

The present chairperson of NCW is a spent force. She lost her last election and somehow landed this job by playing politics out of other candidates. This is a nice way to get a cabinet berth without any public mandate and bypassing the election commission on disclosure of assets and other niceties.

 

Save family foundation strictly demand that the chairperson and members of the commission should be non political, person of eminence who is “committed to the cause of family”.

 

The post of chairpersons and members of the national commission for women or all state women commissions have become a method of appeasement for the political parties to keep their old loyalist happy who have lost their elections and public mandate. We request, people in whom public has lost faith should not be made representatives of any such organization which is working for the welfare of women at least.

 

Hence our request to you is to immediately ban the present NCW  as per the clause (d) and (f) of subsection 3 of section 4 to save the lacs of innocent women/men/child /age old people of this country whose life and property had been extorted by NCW and their associated organizations.

 

 

With High Regards

 

 

(Save Family Foundation, Delhi)

www.savefamily.org

 

 

Further CC to all for your kind necessary actions:

 

1.Dr. Manmohan Singh, Prime Minister of India, South Block, Raisina Hill, New Delhi, 110 011.

2. Ms. Renuka Chaudhary, Minister, Government of India, Ministry of Women and Child Development, Shastri Bhavan, `A’ Wing, Dr. Rajendra Prasad Road, New Delhi-110001.

3. The Hon’ble Minister, Sh. Hansraj Bharadwaj, Ministry of Law & Justice
4th Floor, A-Wing, Shastri Bhavan, New Delhi – 110 001.

4. The Hon’ble Minister, Ministry of Social Justice and Empowerment, Shastri Bhawan, Dr Rajendra Prasad Road, New Delhi – 110 001 ( India ) FAX 91-11-23384918.

5. Ms. Sonia Gandhi,UPA Chairperson, Indian National Congress, 24, Akbar Road, New Delhi – 110011.

6. Shri, L. K. Adavani, Leader of Opposition in Parliament, BJP Central Office, 11 Ashoka Road, New Delhi 110001.

7. Member Secretary, Law Commission of India, 2nd Floor, The Indian Law Institute Building (Opp. to Supreme Court), Bhagwandas Road, New Delhi – 110001.

8. Chief Information Commissioner, Central Information Commission, Club Building, Old JNU Campus, New Delhi – 110 067. Phone:26761137, Fax: 26186536.

9. Ms. Priya Hingorani, 49, Lawyers Chamber, Supreme Court, New Delhi -110001.

10. Ms. Manali Singhal, 84, Lawyers Chamber, Supreme Court, New Delhi -110001.

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