Under the UN conventions Fathers who fight for Child custody and the protection of Children and Young people from abuse and neglect. It was formed by child welfare / protection professionals, advocates for children, children’s lawyers, researchers, academics, and parents to promote the Rights of the Children.
In 2007, Ministry of Women and Child Welfare(WCD) supported by United Nations Children’s Fund, conducted a study to understand the immensity of child abuse in India, the result they found that 53.22% children faced one or more forms of sexual abuse; among them, 52.94% of abused children are boys.
Child sexual abuse is a horrific, traumatic event in the life of a child. According to the WHO (1999), it results in real or potential harm to a child’s health, development, trust, dignity in the context of a relationship of responsibility and survival.
In India out of its total population, 40% are children, and India is ranked as the sixth most unsafe country for children. Among them, 47.06% are of girls, and boys are 52.94%, and among them 69% of physically abused, 88.6% were physically abused by parents. 65% of school going children reported facing corporal punishment; 50.2% of children worked all 7 days in a week and they never reported abuse to anyone. Homeless street children, poor young age working children, and children in institutional care or orphanage reported highest incidence of sexual assault.
All Over the world most of the time child custody is granted to mother by default, Even she has criminal records or Prostitute. there are many incidents mother abuse even killed children but law never changed to grant custody to Father, If any Father contesting and requesting child visitation or custody, his case is delayed or given date after dates. In India if women is not present in court for year long custody battle judges will not object but if father is not present they will threatened to dismiss the custody petition that makes father to travel thousands of miles every time just for the sake of the child.
In authors own words “I have been consulting/Advising and talking to men and his Family since 2000. I predominantly discuss in the Criminal field of Law. Until, in 2007, when I was asked to talk to a Father who was appearing in the Family Court in Bangalore. He alleged that his 3-year-old son had been brutally assaulted by the child’s mother because she was angry with father of the child, when he caught her red handed with her lover. This case made me to look into a new pathway in law.
From that time onward, my life took on a new direction. I joined the Fathers rights along with Men’s rights where I was asked to assist a number of fathers who had their children taken from them by the Family Court after reporting that their children had been sexually abused by their father or partner and handed to the abusive mother. I was asked to assist fathers in all States of India. For the following ten years I did my duty mostly pro-bono. It was during these Court cases that I noticed a distinct pattern of corrupt conduct of the Family Court whereby the fathers were treated with abuse and disrespect. They were called Alcoholic / Womenisers / liars / Cheaters / Rapists / jobless, and accused them of coaching their children to lie. The fact that very young children suffering did not move police or Child Protection Authorities into doing proper investigations into the complaint of child sexual abuse. The Family Court Judges, were more concerned with discrediting the fathers and supporting the abuser. The conduct of the court and judges in most of the cases in which I had appeared, were abominable.
I was shocked to realise that conduct of the Family Court ‘Step Mother Policy’ was an orchestrated corrupt system that was designed to discredit fathers and remove their children from them. Question is what motivation then to act against Fathers in such an inhumane manner. Family court judges make all efforts to avoid custody to father, its my own experience, judge asked me “You filed custody case just to harass her right?“. My son was left with her old Parents and she went Abroad, When i asked for custody, judge asked “Who is at home to look after the Child?” I said My mother, Judge replied, as he is paid for that or its his own case, “Your mother is old she cannt raise a child at this age” even her mother also of same age, thats ok as per judge. this is the bias men face in Family Court.
It is reasonable for the community at large to ask why if what I am saying is correct, why have they not heard of the forcible removal of fathers from their children and the children handed to their sexual abusers (Mothers Lovers)? Why is not written in the newspapers or magazines or on the TV? The reason is that the Family court has a complete gag order which can punish anyone who breaches this order of silence with 6 months’ jail. It is criminal contempt of the Section 12 of Contempt of Court Act, 1971.
The Chief justice of All the Family Courts, Maintains that these draconian orders are to protect children. Nothing could be further from the truth. Section 12 of Contempt of Court Act, 1971 is for the protection of Judges, employed selected psychologists, and the so called Independent Child Lawyers in their immoral and illegal conduct in removing children from their fathers. Unfortunately, it has been difficult to raise or expose these issues of this corrupt and biased system because of a gag order in preventing them from doing so. So their conduct, favoritism towards women cannot be revealed to the general public. No radio station will report it, no newspaper / media will write / publish about it, and no TV program will cover it. They are warned off. Failure to comply can result in a jail sentence siting contempt of court. However, independent articles are started to appear about the dysfunction of the Family Court and fake complaints, false allegation by women / mothers and ill treatment of Fathers.
The NCPCR hardly presents any case against the Family Court of India or on behalf of literally thousands of fathers and children around India who have suffered no less than war crimes against humanity. You will read a number of claims against the Family Court which include: Breaches of the United Nations Rights of the Child, Denial of Natural Justice and Human Rights. The misuse of equal parenting provisions in the Family Law Act to punish fathers and allow sexual abuse by women lovers of their children. The appointment of the Independent Child’s Lawyer (ICL) by the Court to be used as a tool in supporting the destruction of the fathers and proceedings against fathers, to support the mother of the child or children. Most of them have never seen the children or the father, but support the removal of the child from the primary carer. Even Indian Law books says Father is natural guardian, but it’s only in law books.
For those who have had the misfortune of appearing in ‘The Step Mother Policy’ of the Family Court The ICL’s obvious bias against fathers during the court’s proceedings is patently obvious. In some cases, I would consider their conduct immoral. They cross the floor and openly support the mother. The incestuous relationship between the ICL’s and the Judges in removing of, or, restricting the parenting of children by their fathers, is often quite obvious.