Formation of National Men's Rights Commission

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Formation of National Men's Rights Commission

The demand of Formation of National Men's Rights Commission, through online petition gathered more than 3500 signatures, was started by Yogesh Mahajan., the Men's Rights Activist

On 2nd October 2018, people, in masses, across India came to Jantar Mantar for their protests against the Government demanding Formation of National Men's Rights Commission

After Independence, many laws have been framed to protect the rights of women, based solely upon their sexual identity such as 498-A, 354, 509 IPC, Protection of women from Domestic Violence Act-2005, 125 CrPC etc.

Besides, The National Commission for Women was set up as a statutory body in January 1992 under the National Commission for Women Act, 1990 ( Act No. 20 of 1990 of Govt.of India ) 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 has been receiving a large number of complaints, organized workshops/consultations, constituted expert committees and acted suo-moto in several cases to provide speedy justice. It took up the issue of child marriage, sponsored legal awareness programs, Parivarik Mahila Lok Adalats and reviewed laws such as Dowry Prohibition Act 1961, PNDT Act 1994, Indian Penal Code, 1860 and the National Commission for Women Act 1990 to make them more stringent and effective.

It cannot be overlooked that men, who have a large amount of responsibility towards his family, are the victims of Domestic Violence, harassment, false implications at various cases of rape, dowry harassment, molestation etc, frivolous protracted criminal trials which often has ended with loosing of their jobs, economic and social implications

The woman, who has been using her superior power and position to misuse it against her husband or against any other male, often get immunity, or escaped easily due to existing weak provisions for filing false cases, or the reluctant attitude of the law enforcement agencies, encouraging them to file false cases, which is evident from the NCRB data and the recent news clippings/media reports gathered by the Applicant mentioned below.

In the case, if man harassing the woman, the women have the legal recourse and can register certain complaints under the sections of IPC and the Domestic Violence Act, among others. Similarly, there are cases which are filed with ulterior motives, vengeance, and in all such cases, the women are using the cruel tactics of harassment, which is also observed by the Hon’ble Supreme Court of India as well as Hon’ble High Courts across the Country, including the Central and State Government ministries, agencies

The unrelenting fact is that men are having no legal recourse as per law. The most dismayed and disheartening is that there is a statutory body or an authority alike to the National and State Women Commission, where they can redress their grievances, share their pain and complaints and get appropriate relief in the form of immediate intervention. In all such cases of male harassment done by a female, which does not ambit under criminal offense, then there are no remedies available for man except to tolerate it eternity or to commit suicide if become unbearable & repressive

It’s become common practice the women are misusing the laws purely in a routine manner, by availing of the legal options available to them. The Hon’ble Supreme Court of India in ARNESH KUMAR VERSUS STATE OF BIHAR & ANR. CRIMINAL APPEAL NO. 1277 OF 2014 (SPECIAL LEAVE PETITION (CRL.) No.9127 of 2013) Date: 2 July 2014 has observed

“The rate of charge-sheeting in cases under Section 498A, IPC is as high as 93.6%, while the conviction rate is only 15%, which is lowest across all heads. As many as 3,72,706 cases are pending trial of which on current estimate, nearly 3,17,000 are likely to result in acquittal”

Similarly, rape laws are also misused which is claimed by the women panel as well as by the various Hon’ble Courts while acquitting the accused men in false rape cases( News Clipping /links mentioned below

Apart from this, there are many other incidents, reports, videos captured and available in you-tubes and social media, where the women have created a ruckus against innocent men. The Public, even the Police personnel feels browbeaten to interact with exasperated women because an intrinsic fear of the women having an advantageous position of pointing fingers and making false allegations, and all women’s commissions will support her even if the allegations are frivolous and fabricated Here there is staunchly needed of a specialized Men’s commission

The grievances of the men, as there is no law or legislation which protects the rights of men, as a result, the large number of men, due to domestic problems, abuse of laws etc, are committing suicides every year. It cannot be invalidated that Man is always harassed solely for being a Man whereas unscrupulous woman, who is always in salutary position, can easily harass, damage, exploit and/or even ruin the life of man. There is no legal recourse available to man except to abjure & relinquished his rights before the unscrupulous woman who, nowadays, is very much in fortuitous position whether socially, morally, educationally or legally

Article 14 of The Constitution of India speaks of the Equality before the law. The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. In the light of the Constitution of India, Article 14, both men and women shall not be differentially treated in the case of harassment too. But differential treatment, nowadays, has always given to male because the state, after independence, through the enactment of laws and constituted rules and regulations therein, has provided sufficient safeguards, by constituting commissions, organizations, guidelines etc for protecting the rights of women. But on contrary, when unscrupulous women, by misusing or abusing the provisions of law, harass the men by various means, then men has no legal recourse except to defend himself, which takes several years in courts, to prove his innocence

Article 15 speaks Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. The Article 15(3) speaks-“Nothing in this article shall prevent the State from making any special provision for women and children”. The State inexorably has the power to make special provisions and children so that women and children who are oppressed or downtrodden, should be uplifted so that they too enjoy equal constitutional privileges alike man. But the provisions shall not be designed or implemented to arming one specific gender with a wide range of powers to dominate or harass the opposite gender or vice versa

As per NCRB( National Crime Record Bureau) The following suicide cases which have been committed by married men during the last 9 years, which has been reported by the National Crime Record Bureau, Ministry of Home Affairs Number of Suicide Victims by “Married” Marital Status

YEAR	MEN	WOMEN
2013	64098	29491
2012	63343	31921
2011	62433	32582
2010	61453	31754
2009	58192	31300
2008	57639	30224
2007	57593	30064
2006	55452	29869
2005	52483	28188

The yearly suicides of married men have regularly been exacerbated every year, which is elucidated from the above mentioned data, yet no safeguards have been formulated by the Government of India for protecting the interests of married men, who have been falsely framed by unscrupulous wives and her family members, for extortion of money and other misdeeds

It cannot be abnegated, since independence, any legislation has ever passed to protect the rights of men or boys, the absence of such legislation severely prejudicing the Constitution of India on gender equality, and men and boys across the country have been, and, have become, victims of oppression. So, there is an urgent need of commissions or any recognized body analogous to women’s rights commission, where men in distress could go and register their grievances and get the issue resolved. There are already a plethora of women bodies and legislation which are not sensitive towards the issues and problems related to men

Formation of National Men's Rights Commission

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