My name is Rudolph D’souza and I am the Founder and President of the MyNation Hope Foundation (MNHF). MyNation Hope Foundation is a registered charity and nonprofit organization dedicated to Help and give legal advice to Families, Fathers who fight for Child custody and the protection of Children and Young people from abuse and neglect. It was formed by researchers, academics, child welfare/ protection professionals, advocates for children, children’s lawyers and parents to promote the Rights of the Children under the UN conventions.
In 2007, Ministry of Women and Child Welfare, supported by United Nations Children’s Fund, save the children and Prayas conducted a study to understand the magnitude of child abuse in India, they found that 53.22% children faced one or more forms of sexual abuse; among them, the number of boys abused was 52.94%.
Child sexual abuse is a traumatic event in the life of a child. According to the WHO (1999), it results in actual or potential harm to a child’s health, survival, development, or dignity in the context of a relationship of responsibility, trust, or power.
India houses 40% of children in its total population but is ranked as the sixth most unsafe country for children. In 2007, Ministry of Women and Child Welfare, supported by United Nations Children’s Fund, save the children and Prayas conducted a study to understand the magnitude of child abuse in India; they found that 53.22% children faced one or more forms of sexual abuse; among them, the number of boys abused was 52.94% and of girls was 47.06%. Among the 69% of physically abused in 13 sample states, 54.68% were boys and 88.6% were physically abused by parents. Sixty-five percent 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. Children on the street, children at work, and children in institutional care reported highest incidence of sexual assault.
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 launched me into a new pathway in law.
From that time onward, my life took on a new direction. I joined the Fathers rights along with Mens 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 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. What was puzzling to me was what was their motivation for acting in such an inhumane manner. This question can be answered on another occasion. 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 biase men face in Family Court.
Later in same case when i approached High court of Karnataka, at Bangalore; Judge ordered Visitation on condition that i have to deposit my Passport as well as 10 Lakhs(ONE MILLION RUPEES) in mothers name, as i was fighting for visitation for 13 years, and have not seen my son for 13 years. this is the biase family court judges show, Asked to deposit passport as i am a notorious absconding terrorists. and one Million is impossible to any normal person. but judge wanted to stop me at any cost, so he ordered 10 Lakhs and i deposited it within a day. even that did not melt judge stony heart, even after knowing how eager father is to meet his son – [ News details here CLICK HERE ]
Most of the time Mother take child, if father file visitation/Custody appeal, visitation itself take not less than four / five years, by then child is totally brainwashed; once child is no longer remember father Child call them to court and ask the Child “YOU WANT TO STAY WITH MOTHER RIGHT?” confused child will just node whatever judge says, because child has no option to choose with whom else s/he can stay. This is how Visitation/custody decided in mothers favor.
If mother fail to take child when she leave husband home, she will report to police that her child is abducted, she will not tell child was born and staying in fathers house, she will report child father kidnapped and kept in his house. Police will register her complaint and arrest father and snatch the child and give it to mother. recently one of our member also arrested by PS NIT Faridabad Haryana Police, without any verification. same if father report mother taken away his child, police will say she is mother she can take her child and no action taken on her. or say Go to court and file custody appeal.
There are some orders, even father prove child is not his with DNA test still court order him to pay child support, even mother can deny Parentage testing, No family court dare to order DNA test on child so to sheild mother.
The fathers that I have represented are only the tip of a very large iceberg. Over the years we are talking of thousands of fathers who have been described by the Judiciary as having had a “parentectomy” not appendectomy but a “parentectomy” the forcible removal of a father from his child for the crime of reporting sexual abuse of his child by his wife or her partner and in some cases the grandfather. It took me some time to realise that the fathers had lost their children from the moment they filled application reporting sexual abuse. I endeavoured to report the conduct of the Family Court to friends and acquaintances, but was met with disbelief and their belief that fathers lie to stop their wife from seeing their children. I was accused of being obsessed and crazy. The Myth of lying fathers was deeply entrenched in the community.
Not only Indian Family courts against fathers but Indian government too, so far India is refused to sign The Hague Convention in Child Abduction.
The Hague Convention on the Civil Aspects of International Child Abduction is a multilateral treaty developed by the Hague Conference on Private International Law (HCCP) that provides an expeditious method to return a child internationally abducted by a parent from one member country to another.
Suppose if an Indian woman marries to a NRI person and settles in some country, and somehow marriage goes wrong and woman returns to India with her child, here Hague convention will enter into picture and in such cases, the mother will be a “child abductor”. An application can be made to the authority in India for the return of the child to the place of “habitual residence”, that is the any other reciprocal country who has signed the convention.
One of the MyNation Member approached me, who is Australian citizen, his wife also Indian origin Australian citizen, when he found out she is meeting other man, when questioned she took Australian born Son and came back to India, and filed false IPC 498A, Domestic violence hiding her citizen status as Australian Citizen, even she named husband brother name even he has not visited India, 5 years before event happend for attempt to murder on her in Lucknow, and Lucknow Police registered case on all of them without any verification, she also managed to get LOC issued, so to stop father come to India and claim his Australian born son. As India has not signed Hague, he can’t approach them, India is shielding such Women abductors.
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 fathers from their children. Unfortunately, it has been difficult to raise these issues of this corrupt system because of a gag order in the preventing them from doing so. So their conduct cannot be revealed to the general public. No newspaper will write about it, no radio station will report it and no TV program will cover it. They are warned off. Failure to comply can result in a jail sentence. However, articles are starting to appear about the dysfunction of the Family Court and complaints by mothers as to their treatment.
The NCPCR presents the case against the Family Court of India to you 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 fothers and allow sexual abuse 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 mother and in the conduct of the proceedings, 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 its 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.
The Court’s selective appointments of psychiatrists or psychologist that are hired for the specific purpose of making false or negative reports against the fathers.
The Fraudulent reports by psychologists or psychiatrist claiming the fathers are suffering from serious mental illnesses or Alcoholic, for the purpose of removing the children from their father and handing them to their abuser. The bias of psychologists that use a template of mental disorders for the purpose of recommending to the court the removal of children from their fathers. The exorbitant fees charged by the selected psychologist as much as Rs.2500 or more for 3 one hourly interviews. It is not unusual for a father to have to find or asked to deposit Rs.10,00,000 to try and protect their children from sexual abusers, only to find at the end of the day that the result was pre-determined from when the father walked into the Court and filed a restraining order complaining of sexual abuse. It is quite amazing that the Psychologists and the Family Court maintain the fathers are delusional, in addition to every known mental illness known to man, and yet these fathers have provided every last cent in legal fees to protect their children from abuse. Neither would a father lie, and go to such lengths to maintain that lie.
The NCPCR charges the Family Court, with consistent breaches of the ‘Denial of Natural Justice’, ‘Breach of human rights’, and knowingly and ‘consistently committing mental torture, to fathers and children. This is a most serious statement, It, is not made lightly. This claim is not uniquely an Indian problem but a world-wide problem, at least in the UK and the USA, Denmark and Ireland, where children are removed from their fathers for doing what they are mandated to do, care and protect their child,
It is the intention of the NCPCR to provide sufficient evidence to support a Legal Inquiry of the corrupt and inhumane practices of the Family Court that have brutally removed children from their fathers and, sent their children to live with those whom, have sexually assaulted, raped or abused them. Unfortunately, it may be a little time before we can convince enough politicians to ‘bite the bullet’ and do what they are mandated to do, serve the people. Unfortunately, many fathers are too scared to put pen to paper lest they reap the wrath of the Family Court.
We ask how in the name of humanity in the 21st century can a civil court remove a child from its primary carer(Father is Natural guardian) and hand that child to its abuser. Some have been convicted of major crimes, extra marital affairs and even her lovers are Paedophilias. Yet the Family Court would prefer the child or children to be in the hands of a abuser than a caring father.
One Indian, father who now lives overseas was falsely accused of Rape by his wife and awarded criminal compensation of $10,000 even he lost his child to the abuser in the Family Court, The Court found this fact not relevant. We ask, what in heaven’s name could possibly have justified such an inhuman act? I wish to raise the issue of consistent torture conducted by the Family Court.
Most people have an idea of the meaning of “natural Justice and the denial of human rights, but torture is another matter. Many people consider torture to be a physical action usually to force out a confession that is not the case. Torture is described as; Dec 9, 2005 – The full UN definition of torture in the convention is: “Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of committing.
It is the NCPCR’s charge that the family Court when removing children from their primary care and handing them to those who have abused or, sexually abused them, is “torture” The Court can and does refuse the father to see his children until the child is 18 years of age. The Court also makes shared parenting orders which can also be described as torture. The mental distress on both children and fathers can be rightfully described as torture as a result many children and their fathers, suffer serious illness as a result. Members of the NCPCR have witnessed the suffering of both fathers and children over the years. because court orders are without proper direction of shared parenting, even mother is not allow father to meet his child or bring child to the place court decide, there is no charge or fine for her nor Father can report anywhere or to Police.
You may or may not be aware, the Family Court has no mandate to investigate criminal matters, and totally relies on the respective states Police and Child Protection professionals to investigate claims of domestic violence and sexual assault. Experience has taught us that if the child is not old enough to be cross examined very little if anything, is done. On the few occasions when a report substantiates the child has been abused The Family Court has been known to dismiss the report. Once it is known that The Family Court is involved in an investigation, Police and protection officers lose interest. More often than not report “unsubstantiated” a code word for the father is a liar and the child has been taught to lie. because whatever mother says is gospel truth to the court, if she call father as Rapist/Womeniser Court beleive on her words no need to prove anything.
Young children have no concept of adult sexual activity, and no matter how you try to put such concepts into a child’s mind it would not work. Even older children cannot maintain a sexual lie under investigation. You may ask if there is no proof that the father is lying on what basis can a Court order the child to live with the abusive mother? If the father can be shown to suffer from a mental illness, the best interest of the child can be best served by removing the child from the father, ‘a parentectomy’ to do this requires the assistance of a Psychologist or Psychiatrist, Many Women Cell or child support helplines openly boasted that they has done at least 2000 reports for the Family Court and has found 90 percent of fathers were liars. The result is that the father may have to accept shared parenting or total removal until the child on the basis of these reports the father, in the best interest of the child.
Many fathers, are forced to sign consent orders agreeing to shared parenting with the abuser or lose the child for many years. What evidence do I have to such corrupt conduct, in one case I was asked to join the ICL in a room within the court.
She said to me: “Your client is a most disgusting father.”
I asked her: “Have you met my client?”
She said: “No”
I asked: “Have you met the child?”.
She said: “No”
She then said to me “The judge will give your client three chances to agree with his orders. He will raise his hand and show three fingers after each time the will ask you the same question three times, if your client does not agree she will lose her child, do you understand me?”
A painful choice, have your child abused for only half the time or all the time.
It has been reported that some fathers are forced to admit that they were delusional when they reported the sexual assault. Having now admitted that they were delusional, the fathers is given gag order preventing them reporting further sexual abuse to the police or any other authority. Ordered that the father cannot take the child to a doctor, hospital, or Psychologist without the mother’s approval.
Unfortunately, the conduct of the Family Court cannot be completely covered in this article. The question is what can we do about making change? Men make up approximately 50% of the population that is approximately 600 Million. For more than a twenty years’ men fought for the rights for equality. We need men to support the NCPCR to make change. We need a lot of men to support us. Without men fighting for change, the same abominable conduct will continue for years to come.
The support should not only be from fathers who have been abused but from across the general community. I believe a lot of honest women would join you if we can get the message out.
CONCLUSION : In India, GOVT/WCD/NCW/NCPCR helping women only, if couple is separated, their ultimate goal is to get all assets , Money of Man, If women is educated / working, Men can fight to avoid to give maintenance to her. but if she get the child, she can demand bigger amount of money in the name of child and mother and force man to pay money. so women can sit at home or show she cannt work because of child and claim Alimony / Maintenance.
ABOVE ARTICLE IS NOT SHOWING ANY FAKE STATISTICS OR FIGURES, LIKE FEMINISTS OR WCD/NCW JUST TO GET FUNDS FROM GOVERNMENT, ANYONE WANT TO VERIFY OUR CLAIM YOU ARE FREE TO CHECK WITH FAMILY COURTS WITH RTI AND GET FIGURES, FOR SURE IT WILL SHOW LESS THAN 1% FATHERS ARE GETTING CUSTODY.
Kerala: Woman arrested for murder of infant daughter – https://timesofindia.indiatimes.com/city/kochi/woman-arrested-for-murder-of-infant-daughter/articleshow/69086785.cms
Woman arrested for killing 16-day-old daughter in Sion – https://www.thehindu.com/news/cities/mumbai/woman-arrested-for-killing-16-day-old-daughter-in-sion/article26613979.ece
Mumbai: Mother arrested for killing 16-day-old baby, throwing her in gutter https://www.indiatoday.in/crime/story/25-year-old-woman-arrested-for-killing-her-newborn-daughter-1484490-2019-03-23
Rajkot: Child wets sofa, suffocated to death by father’s live-in partner – https://www.timesnownews.com/amp/mirror-now/crime/article/child-wets-sofa-suffocated-to-death-by-fathers-live-in-partner/375822
In Haryana, Mother Arrested for Getting Son Killed to Keep Affair with His Friend Going – https://www.news18.com/amp/news/india/in-haryana-mother-arrested-for-getting-son-killed-to-keep-affair-with-his-friend-going-2060195.html
Bihar: Woman applies glue on son’s lips to stop him from crying – http://dhunt.in/5N8pJ?s=a&ss=pd
25-Year-Old Woman Arrested For Killing Newborn Daughter In Mumbai: Cops – https://www.ndtv.com/mumbai-news/25-year-old-woman-arrested-for-killing-newborn-daughter-in-mumbai-cops-2011564?amp=1
News from various sources https://twitter.com/Mynation_BH/status/1123773106202529796?s=08
CRIME BY WOMEN :https://twitter.com/shriramyadav88/status/1123809325045178369
THESE ARE FEW NEWS LINKS, THERE ARE THOUSANDS – JUST GOOGLE IT