Wednesday, 9 July 2014

Nirbhaya Center - Our Response

WCD asks for Response from Public for Nirbhaya OSCC


Dated: 10th July 2014

To,
Shri. S. K. Sinha,
Under Secretary to the Govt. Of India,
Ministry of Women and Child Development.
Shastri Bhawan, New Delhi.

SUBJECT: Response to Concept Note for setting up Nirbhaya Centre

Dear Sir,

This letter is in reference to Public Notice vide File No. 27-1/2014-WW, asking response from Public for Concept Note for setting up Nirbhaya Centre.
 
As a concerned NGO of the Republic of India, we wish to share some preliminary objections to the whole concept:
 
1.       We wish to draw your attention to the FIRST and FOREMOST important “CHARTER OF THE UNITED NATIONS”, which in Chapter 1: Purposes and Principles, under Article 1 (The Purposes of the United Nations are:), in Point No. 3. Here, the Charter says, “To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion;

So, the very reference of United Nations, which has been mentioned into your report, in its Charter or its Constitution, talks about Human Rights, without distinction based on Gender of the Human. Article 7 of The Universal Declaration of Human Rights , says, “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

So, while referring to United Nation’s declaration on the Elimination of Violence, the concept of the paper itself misses out the fact that United Nation’s PRIMARY role and preamble is about Protection and Justice without Gender discrimination. This means that the very foundation of these centers is actually flawed as it takes AWAY the Right of Men of India for same services.

2.       Also, your concept paper refers to a report from Ministry of Women and Child Development, XII Five Year Plan. We hereby wish to draw your attention to the very same report, Page No. 5, Table No. 1, which clearly shows that Sex Ratio of India actually increased with age. Meaning, more Men are dying faster as against Women. Sex Ratio increases from 914 per 1000 in Child Sex Ratio to 940 per 1000. This means, that where as Men need more Protection, leaving them out of this Initiative is like going against the same Publication. And we wish to stress even more on the fact that this report is drawn by a Ministry which does not even have Mandate to protect and help Men i.e. Ministry of Women and Child Development.

3.       You have even referred data from National Crime Records Bureau. We wish to draw your attention on how is this initiative missing out worst hit Men/Husbands. The below graph is prepared from the Suicides that Men-Husband-Women-Wife commit every year in India because on non-availability of Support system. Whereas, women enjoy protection of over 49 Law along with over 10000 Women Organization, Special Ministry, Special commission and other support system like concessions / quotas / reservation apart from specially created Legal processes for their benefit including Crime Against Women (CAW) cells / Mahila Thanas. Men continue to be on receiving end of the society where being the ones who are weaker to handle pressures created by society/women on them, men still remain an ignored entity.
 
4.       Now, coming to the mention of Criminal Law Amendment Act 2013 or that of Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is concerned, We must also bring to your notice specific observations about both these laws:
a.       Criminal Law Amendment Act 2013: Various courts have raised their serious concerns about the misuse of this Ordinance which was converted to an Act. Please see article SC raises concern over misuse of rape cases.
b.      Sexual Harassment at Workplace Act 2013: The way Gender Biased Laws have become a basket of laws, easy to misuse, the Law Makers while forming this law were forced to include Misuse clause as shared in Article 'Add misuse clause in sexual harassment bill'
 
So the very laws that you are basing your concept to justify the need of these centers are being questioned on the very Motive behind these laws by either Hon’ble Supreme Court of Law Ministry itself.
 
5.       Coming to quoting of various countries OSCC, lets first see if India is even ELIGIBLE to equate itself to these countries:
                Bangladesh                      Definition of Rape is different from India
                South Africa                     The law is Gender neutral UNLIKE India
                England                            The law is Gender neutral UNLIKE India
                Rwanda                            Law was formed under circumstances of Genocide
                Zambia                             The law is Gender neutral for Accused UNLIKE India
                Australia                           The law is Gender neutral UNLIKE India
                Malaysia                          Definition of Rape is different from India
 
And only countries of “convenience” for such a data have been included in your note and clearly excluded are the huge list of countries which have Gender Neutral Rape Laws.
 
6.       On the services to be provided, any man who is a victim of a Gender Crime (victim of Domestic Violence or victim of Rape or victim of false Gender Biased cases), is in dire need of all the mentioned services and hence there is no reason that spending 477 crores for this project unless ALL citizens will get an access to this.
 
7.       The very laws stated in your note for which a “Woman” needs OSCC have been grossly misused to the tune that even Hon’ble Supreme Court of India was forced to call such grow misuse as “Legal Terrorism”. Read this Article Inside the new 'legal terrorism': How laws are being abused to settle personal scores
 

Owing to the above contents, we hereby submit our proposal for following changes:
 
1.       OSCC to be made available to ALL citizens irrespective of GENDER, Age, ethnicity, Caste, Creed or ANY OTHER differentiation.
 
2.       OSCC MUST also have the facility of asking Police to file a FIR for a False case when such a case comes to OSCC as violation to this would mean gross injustice to one who is falsely accused.
 
3.       Proceedings / discussions / processes happening at OSCC must be video recorded.
 
4.       OSCC must be penalized if they differentiate between victims based on their GENDER, Age, ethnicity, Caste, Creed or ANY OTHER differentiation.
 
With the above submissions, we also wish to depose before the Panel in person if you feel to have a need of doing so.

Looking forward to hearing from you.

           .................................................................................................................................................
................................................... CRIME HAS NO GENDER ....................................................
...............................................................................................................................................

Tuesday, 8 July 2014

Response to Amendments to the National Commission for Women Act, 1990

Save Family Foundation Para-Wise reply to Proposed Amendments

 
Date: 08th July 2014
To,
Shri A. B. Joshi,
Additional Secretary to the Government of India,
New Delhi, India.
SUBJECT: Amendments to the National Commission for Women Act, 1990.
Respected Sir,
           Save Family Foundation is part of the Save Indian Family Movement which has been working on the social cause of promoting family and marital harmony since 2005. The movement is 40+ NGOs strong which are non-funded, non-profit and absolutely non-commercial. The movement has helped over 20 crores Indians in past 10 years by providing community help to them. The movement focuses primarily on Men Suicide in India because of distress caused by Misuse of various Gender Based Laws. A disturbed Man or loss of a son/brother/father/husband effects the complete family and devastates them.
            With this letter we wish to strongly object and oppose the Amendments suggested by National Commission of Women (NCW) vide The Commission for Women (Amendment) Bill, 2000. With the said amendments, NCW has proposed to acquire powers of a Civil Court of India for matters related to Crime Against Women.
            We hereby wish to bring to your kind notice on how is such a proposal is unconstitutional and grossly wrong:
1.      Mandate of NCW includes Investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws.
This means, that mandate of NCW is ONLY for Women and thus a body which is mandated to protect interest of only one part of a family/society (generally overriding the interest of Children, Senior Citizens and Men) cannot even be considered for such an amendment.
2.      Wish to state experts from Speech on ‘Duties and Responsibilities of Judicial Officers’ by Hon’ble Chief Justice of Madras. The Hon’ble Chief Justice said, “As a Judicial Officer, you have to play multifaceted roles. On the judicial side, you interpret the law, assess the evidence presented before you and control how hearings and trials are to be conducted in the court. In our adversarial system of justice, we must ensure that the evidence on both sides are fully presented and that both sides are fully heard. Then you have to provide an independent and impartial assessment of facts and apply the law to those facts.”
When, Judicial officers have duty to be impartial, can a body like NCW be ever be trusted for duty of any court, when it’s mandate itself is for protecting the interest of Women and NOT Citizens.
3.      We hereby also wish to show you the reality of our apprehension based on official reply from the West Bengal Women’s Commission to a complaint filed by a senior citizen mother against harassment done to her by her Daughter in Law. Can a biased organization thus be entrusted with such an unbiased role? The State Women Commission (State of West Bengal) denied picking the complaint from an old Mother-In-Law of the harassment done to her by her Daughter-in-Law as a matter of POLICY.
4.      With such an amendment, NCW, has questioned the very need of having courts in India. This amendment is in reality questioning the sheer ability of our Hon’ble Courts by proposal of taking matter in their own hands. Thus, such a proposal is a big threat to the existence of the Constitution itself and hence needs to be struck down with directions to NCW to first become impartial and atleast treat Wife & Motherr-in-Laws/Sister-in-Laws, all as Women.
5.      As it is, India under influence and push of one-sided data consideration, has made 49 laws which are Gender Biased (defying the section 15 of constitution of India). By a proposal to give powers of a Civil Court to NCW, it would further infringe the fundamental rights on Men, Children and Senior citizens. Empowerment must not be provided by infringing rights of others.

POINT WISE REPLY TO AMENDMENTS:
 
Section
Existing Provision
Proposed Amendment
Rationale
Comments / Objections
1 (2)
It extends to the whole of India except the State of Jammu and Kashmir
It extends to the whole of India
 
Provided that it shall apply to the State of Jammu & Kashmir only in so far as it pertains to the matters relatable to any of the entries enumerated in List I or List III in the Seventh Schedule to the Constitution as applicable to that State.
As the NCW receives a number of representations from J&K regarding violation of women’s rights, the Commission’s presence in the State is vital for safeguarding the rights of women in that State. The jurisdiction of the Commission, therefore, needs to be extended to the State of Jammu and Kashmir also.
STRONGLY OPPOSED:
 
1. NHRC extends its powers to J&K in current manner only. When citizens could reach out to NHRC from J&K then why another commission needed in J&K?
 
2. Is India having a single law? NO
IPC – India EXCEPT J&K
CrPC – India EXCEPT J&K
CPC – India EXCEPT J&K & Nagaland and Tribal Areas.
2
Definitions- In this Act, unless the context otherwise refers-
(a) “Commission” means the National Commission for Women constituted under Section3;
(b) “Member” means a Member of the Commission and includes the Member-Secretary;
(c) “Prescribed” means prescribed by rules made under this Act
Definitions- In this Act, unless the context otherwise refers-
(a) “Commission” means the National Commission for Women constituted under Section3;
(b) “Member” means a Member of the Commission and includes the Member Secretary;
(c) “Prescribed” means prescribed by rules made under this Act;
(d) “Chairperson” means Chairperson of the Commission;
(e) “Complaint” means any written petition, grievance communication etc. received in the Commission or by the Chairperson, any Member or any officer, from an aggrieved woman or a group of women;
(f) “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;
(g) “Notification” means a Notification published in the official Gazette;
(h) “Regulation” means Regulations framed by the Commission under Section----of the Act.
To bring clarity of the terms occurring in various provisions of the Act for better interpretation.
STRONGLY OPPOSED:
 
The definition of ‘Complainant’ is completely wrong as per any law of the land.
 
Indian law only allows an actual complainant to file a complaint via his/her legal representative.
 
An organization, if given a right to file complaints on behalf and be treated as a complainant, it would be gross injustice done to the other party. As it is, various Courts of India, including Hon’ble Supreme Court, have highlighted GROSS misuse of various Gender Biased Laws and with organizations being given authority to be a complainant, India will be responsible of increased Suicide in Men & even increase in Crime because of no way out left for men.
 
Lot of such organizations are already infamous for using false litigations to put pressure on the opposite Party. So such a gender biased organisation, filing a gender biased law based complaint in a Gender Based body like NCW, is the darkest future of India as a Country.
Please see this report on how such organizations have grossly misused Gender Biased Laws.
 
Case against NGO for forcing woman to file false rape case
 
A complainant, has to be a DIRECT aggrieved party ONLY and NOBODY ELSE.
3 (2)
The commission shall consist of –
(a) a chairperson committed to the cause of women, to be
nominated by the Central Government;
(b) five Members to be
nominated by the Central Government from amongst persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, management of an industry or organisation committed to increasing the employment potential of women, women’s voluntary organisations (including women activists), administration, economic development, health, education or social welfare; Provided that atleast one Member each shall be from amongst persons belonging to Scheduled Castes and Scheduled Tribes respectively;
(c) a Member Secretary to be nominated by the Central Government who shall be-
(i) an expert in the field of management, organisational structure or sociological movement, or
(ii) an officer who is a member of a civil service of the Union or an all-India service or holds a civil post under the Union with appropriate experience.
The commission shall consist of –
(a) a Chairperson and five Members to be nominated by the Central Government as per the procedure prescribed under the rules Provided that at least
one Member each shall be from amongst persons belonging to Scheduled Castes and Scheduled Tribes respectively;
(b) a Member Secretary to be nominated by the Central Government who shall be an officer who is a member of a civil service of the Union or an all- India service or holds a civil post under the Union with appropriate experience.
This helps in bringing transparency in identifying the incumbents and serves the cause of public accountability.
 
Since, Member Secretary of the Commission is required to coordinate with various authorities and State Governments from time to time, it is felt desirable to fill the position only by a civil servant for effective functioning.
STRONGLY OPPOSED:
 
Women, Women, Women, thats all written all through the mandate of NCW.
 
Does the Ministry appreciate existence of Men, Children, Senior Citizens? Who will take care of these ignored set?
 
Giving additional power to NCW is a HUGE infringement to the rights and sheer existence of other Gender.
 
NCW Chairmanship has a history of Political infighting to grab the position. This fact itself proves the fact of how lucrative the position is considered to be.
It is sad to see that Chairmanship eligibility is not even thinking about if the candidate has a history of working towards making Women Self-Reliant. Historically, Chairman have been people who are working towards infringing rights of Men to give false feeling of empowerment to Women. Is this what it is supposed to be?
4(4)
A vacancy caused under subsection(2) or otherwise shall be filled by fresh nomination
(i) In the event of occurrence of vacancy in the office of chairperson and members by reason of death, resignation or otherwise, the Central Government to fill the vacancy within 90 days and the person so appointed shall hold office for remainder of the term of office of the previous incumbent in whose place, he/she is appointed.
 
(ii) Senior most Member by length of tenure shall act as chairperson or discharge the functions in the absence of the Chairperson owing to leave or otherwise
This ensures continuity.
STRONGLY OPPOSED:
 
The Chairperson must first be evaluated and recruited based on the history of the candidate on working of policies of self-reliance rather than parasitic policies of burdening the Men or the tax payers. If the objective itself of the commission isn’t self-reliance, then it cannot claim what it claims.
5(1)
The Central Government shall provide the Commission with such officers and employees as may be necessary for the efficient performance of the functions of the Commission under this Act.
(i) The Central Government shall provide the Commission with such officers and employees as may be necessary in addition to a police officer not below the rank of Director General of Police for the efficient performance of the functions of the Commission under this Act
(ii) Notwithstanding any thing contained in the sub clause(i), subject to availability of resources, the Commission may
engage social scientists, research scholars, lawyers, academicians and other professionals etc. on contractual basis for any project, task or purpose duly observing the provisions of General Financial Rules, 2005 of the Union of India, as amended from time to time
(i) Availability of a police officer brings quality in the investigation by the Commission.
 
 
 
 
 
 
ii) This will facilitate the Commission to access required professional advice and inputs while discharging
STRONGLY OPPOSED:
 
India, as a country has alarming shortage of basic services which are MANDATORY for a country to run and instead of bring these services to normal, the commission wants the Government to keep filling their Human Resources?
 

How A Third of India’s Judiciary Just Does Not Exist

 

India's Alarming Police Shortage

10
Functions of the Commission-
(1)
a. Investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws;
b. present to the Central Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
c. make in such reports recommendations for the effective implementation of
those safeguards for improving the conditions of women by the Union of any
State;
d. review, from time to time, the existing provisions of the Constitution and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations;
e. take up cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities;
f. look into complaints and take suo moto notice of matters relating to :-
i. deprivation of women's rights;
ii. non implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development;
iii. non-compliance of policy
decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women, and take up the issues arising out of such matters with appropriate authorities;
g. call for special studies or investigations into specific problems or situations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal;
h. undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres and identify factors responsible for impending their advancement, such as, lack of access to housing and basic services, inadequate
support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity;
i. participate and advise on the planning process of socio-economic development of women;
j. evaluate the progress of the development of women under the Union and any State;
k. inspect or cause to be inspected a jail, remand home women's institution or other place of custody where
women are kept as prisoners or otherwise, and take up with the concerned authorities for remedial action, if found necessary;
l. fund legislation involving issues affecting a large body
of women;
m. make periodical reports to the Government on any matter pertaining to women and in particular various difficulties under which women toil;
n. any other matter which may be referred to it by Central Government;
(2) the Central Government shall cause all the reports
referred to in clause (b) of sub-section (1) to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, =of any of such recommendations.
(3) Where any such report or any part thereof relates to any matter with which any State Government is concerned, the Commission shall forward a copy of such
report or part to such State Government who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non acceptance, if any, of any of such recommendations.
(4) The Commission shall,
while investigating any matter referred to in clause (a) or subclause (I) of clause (f) of sub-section (1), have all the powers of a civil
court trying a suit and, in particular in respect of the following matters, namely:-
a. summoning and enforcing the attendance of any person room any part of India and examining him on oath;
b. requiring the discovery and production of any document;
c. receiving evidence on affidavits;
d. requisitioning any public record or copy thereof from any court or office;
e. issuing commissions for the examination of witnesses and
f. any other matter which may be prescribed.
Functions of the Commission-(1)
a. Investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws;
b. present to the Central Government, annually and at such  other times as the Commission may deem fit, reports upon the working of those safeguards;
c. make in such reports recommendations for the effective implementation of those safeguards for improving the conditions of women
by the Union of any State;
d. review, from time to time, the existing provisions of the Constitution and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in
such legislations;
e. take up cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities;
f. investigate into complaints and take suo moto notice of matters relating to :-
i. deprivation of women's rights;
ii. nonimplementation of laws enacted to provide protection to
women and also to achieve the
objective of equality and development;
iii. non-compliance of policy decisions, guidelines or instructions aimed at                                                                       mitigating hardships and ensuring welfare and providing relief to women, and take up the issues arising out of such matters with appropriate authorities;
g. call for special studies or investigations into specific problems or situations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal;
h. undertake promotional and
educational research so as to suggest ways of ensuring due
representation of women in all spheres and identify factors responsible for impending their
advancement, such as, lack of access to housing and basic services, inadequate support services and technologies for
reducing drudgery and occupational health hazards and for increasing their productivity;
i. participate and advise on the planning process of socioeconomic development of
women;
j. evaluate the progress of the
development of women under the Union and any State;
k. inspect or cause to be inspected a jail, remand home
women's institution or other place of custody where women are kept as prisoners or otherwise, and take up with the concerned authorities for remedial action, if found necessary;
l. fund legislation involving issues affecting a large body of women;
m. make periodical reports to the Government on any matter pertaining to women and in particular various difficulties under which women toil;
n. any other matter which may be referred to it by Central Government;
(2) the Central Government hall cause all the reports referred to in clause
(b) of sub-section (1) to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations
relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.
(3) Where any such report or any part thereof relates to any matter with which any State Government is concerned, the Commission shall forward a copy of such report or part to such State Government who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.
Existing section 10(4) is deleted here and given a placement in the proposed chapter relating to investigation.
 
 
To bring clarity, the term ‘look into’ is proposed to be replaced by the term ‘investigate.
STRONGLY OPPOSED:
 
(1)
a. India as a country has Police Structure & even other intelligence and investigation agencies to take care of violations of law, why should parallel investigation agencies run based on special alleged requirements?
b. No Comments
c. It is an irony of this country that when it comes to making laws in India, only 1 gender is represented fully while other Gender, age groups are completely ignored as even NFHS doesn’t include men nor does NCRB report crime against men. It is a dire need to have National Commission for Men.
d. Laws should be made after lot of thinking and discussions and cannot be made at Knee Jerk Reactions or that or reports submitted by Bodies whose mandate is not for the country or it’s citizens but purely for a particular gender. India has suffered enough at the hands of laws made at such un-thoughtful and biased views. NCW should be taken away from this process as one-sided reports work towards biasing the thoughts and views of Law Makers and thus making laws which are prone to Misuse and hence have directly affected very life and existence of the ignored Gender, Men.
e. Any cases of violations of Human Rights of Citizens or that of violation of Laws of the land has appropriate existing authorities namely NHRC & the Court of Law respectively to take care of any such violation. If we need to have a watchdog everywhere then there is a dire need of a watchdog of that watchdog and then another watchdog and so on and so forth. Where does the responsibility end then?
f.
i. NHRC is there doing the same job. Why duplication?
ii. NHRC, Court of Law, Ministry of Women and Child Development, Ministry of Social Justice jointly cover it. Why a need of duplication?
iii. Compliance of policies is the responsibility of execution bodies and there are more and enough safeguards internally in those departments to monitor and take corrective actions. If NCW only has to do the entire watchdog’s work, then why waste tax payers’ money to have such big Departments on Legislation & executive bodies?
g. NCW has a proven history of helping women ONLY against alleged atrocities / harassment done by Men. NCW has always kept it’s silence on alleged atrocities / harassment done to women by another women. Hence, the body must not be allowed to run any one side researches to just create an Anti-Male environment in the society.
h. Has NCW ever taken a study towards making women self reliant? If no, isn’t NCW being regressive on it’s thoughts & targets?
i. Socio-economic development is needed for citizen as a whole. Deprivation is nothing to do with Gender but with socio-economic status.
j. NCW cannot be given an authority above of State and Union to evaluate.
k. No Comments.
l. Legislation has to be as per the need based on independent and unbiased data. Funding a Legislation is the gross violation of independent legislation in any democracy.
m. Government cannot be fed on one-sided data. Need of making National Commission for Men and then only get data for all Genders and not to cloud the understanding.
n. No Comments
(2) If Government has to be made answerable, why is that answerability being made Gender Biased? This should ONLY by done by NHRC and if is to be done for Genders then first make National Commission for Men.
(3) States / Union cannot be made answerable to actions taken on report made by a Gender Biased agency. Data is collected to it’s own convenience. NCW has never done studies for citizen at general. Who is doing this for Men? This recommendation looks more as an attempt to force Legislation & Governments at whims and fancies of a body like NCW which does NOT have mandate for all Genders, Ages, and Citizens.
(4) THIS IS GROSS VIOLATION OF FUNDAMENTAL RIGHTS OF MEN. When the commission does not have mandate to protecting Men, how can it be given any rights even closer to a Civil Court? Courts are supposed to follow principle of Natural Justice which will go VIOLATED if one gender is supposed to be ONLY A RESPONDENT. So, India is heading towards making a Justice system where Men will ALWAYS BE RESPONDENT? MEN WILL HAVE NO RIGHT TO START LITIGATION?
a. India is now a country where a man under litigation (as a respondent) goes through multiple cases for the same alleged offence thus violating his Human Rights Guaranteed under Section 20(2) of Constitution of India. With this proposed amendment, a man, on just a written complaint, would simultaneously summoned by a Mahila Thana & a Court & even NCW now? Isnt this gross violation of Human Rights of Men?
b. Giving investigative authority to the commission shows a total lack of authority of police. If NCW is so doubtful about usefulness of work, Mahila Thana or CAW cell MUST be closed down first and a bigger debate should be initiated along with Men’s Rights Organizations on this.
c. NCW takes evidences or does investigation in very biased manner with focus of blaming men for all crimes. Such a body cannot be entrusted with any such powers.
d. If the target of these amendments is to run parallel justice system, we would be inducing further delay in already delayed justice mechanism. Government must instead look towards strengthening the Justice system by first making more courts and filling all vacancies of Judges.
e. NCW does not have any mandate to allow men to file complaints of harassment done to them and will always start proceedings with man being a respondent and hence a biased system for any witness recording or examination. We cannot allow NCW to question authenticity of the Judicial Justice delivery system. As it is the Justice system is sometimes Anti Male in it’s judgements but still citizens have some trust left on Judiciary. This amendment would take away that trust too from Judiciary.
f. Strongly opposed as an open ended demand will be MISUSED like so many laws which are MISUSED already.
New
Section (under
new
chapter
-
Investig
ation)
10 (4) The Commission shall, while investigating any matter referred to in clause (a) or subclaus e(i) of clause (f) of sub-section (1), have all the powers of a civil court trying a suit and, in particular in respect of the following matters, namely:-
a. summoning and enforcing the attendance of any person from any part of India and examining him on
oath;
b. requiring the discovery and production of any document;
c. receiving evidence on affidavits;
d. requisitioning any public record or copy thereof from any court or office;
e. issuing commissions for the examination of witnesses and documents; and
f. any other matter which may be prescribed.
I. The Commission shall, while
investigating any matter referred to in clause (a) or subclause (i) of clause (f) of sub-section (1), have all the powers of a civil court trying a
suit and, in particular in respect of the following matters, namely:-
a. summoning and enforcing the attendance of any person from any part of India and examining him on oath;
b. requiring the discovery and
production of any document;
c. receiving evidence on affidavits;
d. requisitioning any public record or copy thereof from any court or office;
e. issuing commissions for the
examination of witnesses and
documents; and f. any other matter  which may be prescribed.
g. Ordering costs in cases where there has been wilful disobedience to any order of the commission, issued under section 10(1) (a) or 10(1)(f)(i)
II. Penalty for default: The Commission may compel the attendance of any person to whom a summon has been issued under section 13 and for that purpose may issue warrant for his arrest
ii. Impose a fine upon him (not exceeding Rs.5000) for every
incidence of default.
III. The commission shall have the power to require, subject to any privilege which may be claimed by the person under any law for the time being in force, 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 with in the meaning of section 176 and 177 of IPC.
IV. The Commission shall be deemed to be a civil court when any offence as described in section 175, 178, 179,180 or section 228 of the IPC is committed in the view or presence of the Commission, the Commission may, after recording the facts, forward any case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973.
V. Every proceeding before the commission shall be deemed to be a judicial proceeding with in the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code, and the Commission shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
VI. The Commission or any other officer, not below the rank of a Gazetted Officer, specially authorised in this behalf by the Commission may enter any building or place where the Commission has reason to believe that any document relating to subject matter of enquiry may be found, and may seize any such document or take extracts or copies there from subject to provisions of section 100 of the Code of Criminal Procedure, 1973, in so far as it may be applicable.
This will enable enhanced compliance with the orders of the Commission issued
while discharging its functions under Section 10(1)(a) and 10(1)(f)(i) of the Act.
STRONGLY OPPOSED:
 
10 (4) THIS IS GROSS VIOLATION OF FUNDAMENTAL RIGHTS OF MEN. When the commission does not have mandate to protecting Men, how can it be given any rights even closer to a Civil Court? So, India is heading towards making a Justice system where Men will ALWAYS BE RESPONDENT? MEN WILL HAVE NO RIGHT TO START LITIGATION?
a. India is now a country where a man under litigation (as a respondent) goes through multiple cases for the same alleged offence thus violating his Human Rights Guaranteed under Section 20(2) of Constitution of India. With this proposed amendment, a man, on just a written complaint, would simultaneously summoned by a Mahila Thana & a Court & even NCW now? Isnt this gross violation of Human Rights of Men?
b. Giving investigative authority to the commission shows a total lack of authority of police. If NCW is so doubtful about usefulness of work, Mahila Thana or CAW cell MUST be closed down first and a bigger debate should be initiated along with Men’s Rights Organizations on this.
c. NCW takes evidences or does investigation in very biased manner with focus of blaming men for all crimes. Such a body cannot be entrusted with any such powers.
d. If the target of these amendments is to run parallel justice system, we would be inducing further delay in already delayed justice mechanism. Government must instead look towards strengthening the Justice system by first making more courts and filling all vacancies of Judges.
e. NCW does not have any mandate to allow men to file complaints of harassment done to them and will always start proceedings with man being a respondent and hence a biased system for any witness recording or examination. We cannot allow NCW to question authenticity of the Judicial Justice delivery system. As it is the Justice system is sometimes Anti Male in it’s judgements but still citizens have some trust left on Judiciary. This amendment would take away that trust too from Judiciary.
f. Strongly opposed as an open ended demand will be MISUSED like so many laws which are MISUSED already.
New
Section
 
Inquiry into Complaints-
The Commission while Inquiring into the complaints may-
(i) Call for information or report from the Central Government or any State Government other authority or organisation subordinate thereto within such time as may be specified by it:
Provided that if the information or report is not received within the time stipulated by the Commission, it may proceed to inquire into the compliant on its own;
(ii) If, on receipt of information or report, the Commission is satisfied either that no further inquiry is required or that the required action has been initiated or taken by the concerned Government or authority, it may not proceed with the compliant and inform the complainant accordingly;
(iii) Without prejudice to anything contained in clause (i), if the Commission considers necessary, having regard to the nature of the compliant, initiate an inquiry;
(iv) Notwithstanding anything in sub-clauses (i) (ii) & (iii) call for further particulars or information from any person or authority against whom any complaint has been made or initiate an enquiry.
V. The Commission may take any of the following steps during or upon the completion of an inquiry / investigation / hearing held under this Act, where prima facie the inquiry discloses violation of women’s rights provided under the constitution of India and other laws, by a public servant, the Commission may recommend to the concerned Government or authority:-
(a) to initiate proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons;
(b) approach the Supreme Court or the High Court concerned for such directions, orders or writ as the Court may deem necessary;
(c) Recommend to the concerned Government or authority at any stage of the inquiry for the grant of such immediate interim relief to the complaint or the members of her family as the Commission may considered necessary.
A well laid-down procedure will facilitate smooth conduct of business and will prevent avoidable litigation.
STRONGLY OPPOSED:
 
Inquiry into Complaints-
(i) Proposed Amendment brings in parallel investigation and justice system based on Gender. Instead of bridging the gender divide already created by 49 Gender Biased Laws and 1 Gender specific Ministry, 1 Gender biased Commission. How can a commission given such kind of rights? If the objective is to doubt the effectiveness of Judicial system then the commission is questioning very existence of Democracy in India.
(ii) Is Justice expected from a biased organization? Can a biased organization decide picking or dropping complaints at it’s choice?
(iii) A biased organization, a selective picking of complaints & a mandate no covering citizens, how can such a power be handed over to NCW?
(iv) This single proposed amendment brings our apprehension & opposition to reality. A man or an authority would ALWAYS BE A RESPONDENT ONLY. This would be a One of the most unique feature which will make the whole world question our understanding of Democracy and if we even give slightest respect to our Constitution.
(v) Within this proposed amendment, the commission is absolutely clear about taking care of rights of only Women. Is this Principle of Natural Justice that the Judicial system needs to run on?
(a) A Biased Court which will prosecute Men? India will soon be Anarchy for Women and Slavery for Men. Is this the definition of democracy?
(b) This is done even currently by NCW so does that mean they are doing it crossing their boundary of their mandate? NCW has been filing few curative petitions against Justice & Orders announced by various High Courts & Hon’ble Supreme Court of India.
(c) Relief only for a Complainant. What about relief to a Respondent to a false case? What about relief to a victim of opposite Gender? Is India giving NCW Civil Court and stop women from using actual Judiciary and Civil Courts of India? Clear violation of Principle of Natural Justice.
New
Section
 
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.
This insulates the functionaries from facing legal proceedings in respect of acts done in good faith as per the provisions of the Act.
STRONGLY OPPOSED:
 
Whereas India as a country is talking about Judicial Accountability Bill and current laid out processes of superior courts keeping an eye on the Justice system’s honesty in subordinate courts, NCW is asking for prime and unquestionable authority. When this is not even given to Judiciary of India, isn’t this demand being made out of oblique intentions? MUST NOT BE GRANTED AT ALL.
 
WE HEREBY SUBMIT TO YOU THE PROOF OF REALITY OF OUR OPPOSITION: National Commission for Women has acted more as National Commission for WIVES:

 
Thus, vide this letter, we wish to pray to you:
1.      No.21. The National Commission for Women Act, 1990 must be rejected at very proposal stage.
2.      National Commission of Women must be strongly directed to adhere to their constitutional mandate and not to differ between Women themselves. Else, they should be renamed to “National Commission for Wives” instead.
3.      It is dire need of the hour to constitute “National Commission for Men” if men have to feel any safer in India.
Requesting your immediate support and directions on the above listed requests.
Thanking you.