India is a diverse country, not only by measures of its cuisine and delicacy, languages and dialects, clothing and outfits, political beliefs and religious affiliations, but also by how the laws are implemented against various strata of its society and demography. India’s Constitution and more specifically Article 15 and 15(3), has provided the Parliament the powers take affirmative action and to enact laws in favouring Women and Children. Although well intentioned, the laws formed pursuant to these Articles are widely reported to be misused since 1984 to settle personal scores, extortion, criminal intimidation, violating of human rights and fundamental rights of the persons accused under such laws. So much so that approximately 90,000 men and their family members commit suicide or are murdered each year in India.
It is noteworthy that the Family laws in India are covered by both Civil and Criminal statue. Hence, most of the victims are falsely implicated in criminal statue as an intimidation tactic by the false accuser woman. Moreover, the State government is always made a party supporting her malicious prosecution, at the cost of the taxpayers.
Types of #FakeCases and misuse of various sections of the gender biased laws (this is just a subset/example):
- IPC 498a, 406, 504, 50, 34, 323, 114, 420, etc.
- Dowry Prevention Act sections 3, 4, 7 etc.
- Maintenance – Cr. P. C. sec 125, HMA sec 24, PWDVA sec 16
- Protection of Women from Domestic Violence Act (PWDVA) Sections 12, 16, 18, 19, 20, 22 etc.
- Workplace Sexual Harassment
- Rape or Molestation
The author has personally experienced and encountered 1000’s other individuals who lost their employment as an effect of such malicious prosecutions in India and saw the epic proportion of mental health crisis as a result of systematic Human Rights violations, which compelled him to write this guide, for employers such as yourself.
In this document we will discuss how as an Employer (organization) and Manager (individual) you can spot and support an employee (male or female) who may be a victim of malicious civil and criminal prosecutions.
A Victim’s experience:
Stage #1 – The false allegations
When a person is hit by or is about to be hit by a #FakeCases, it may be preceded by several false and narcistic allegations and character assassination attempts of him and his family, by the false accuser, generally the wife in case of a married man or a male relative. This is the first experience of deceit for your employee. Allegations will be so wild in nature that it will shake the person (your employee) to his or her core. To the extent that he or she may lose self confidence, as well as faith in self.
At this stage, the common signs may include but are not limited to:
- Being distracted at work, inconsistent performance
- Being late at work or leaving early from work
- Being on phone calls excessively during the day
- Asking colleague for a lawyer, or narrating his/her personal story in 3rd person
- Surfing internet for information on how to deal with #FakeCases (signs of anxiety)
- Insomnia / sleepless ness
- Taking Vitamins/Dietary Supplements to boost energy or compensate for sleeplessness
- Taking Medication for anxiety, anti depressants or for sleeping
- Worrying about a (seemingly) fragile family member (children, elderly parents, unmarried brothers/sisters) who could be roped in #FakeCases
- Any written or verbal representation by the wife or relative of employee coming to your Human Resources Department
- Any court summons or notices issued by Courts in the name of employee or Employer
and many more root causes behind mental health challenges…. that the author is willing to research into, if your organization is open to funding the research efforts.
Stage #2 – The police officers
The incompetence, brutality, unprofessionalism and corruption of Indian police force and its officers is not an alien idea. Especially when they smell that the target/accused persons/family has a more than one real estate property or a high paying steady job, has no political connections, or is not criminal minded etc., the police officers act like a blood hound and as a leech to suck the money off the accused persons. This doesn’t come as a surprise to your employee, but what he needs is a support system to deal with the criminals in the uniform, the police.
Stage #3 – The corrupt lawyers
As you know, in India, those students who CAN NOT get admission into Science, Technology, Engineering, Mathematics (STEM), Business/MBA, Accounting CA, CPA, CS, ICWA etc., enter LLB (law) as a last resort. Rarely a person chooses Law as his first career choice, or for the purposes of serving the under privileged, via the profession of law. So, a majority who enter law are not exactly sharp or goal-oriented, but they certainly become greedy for money. Some of these lawyers end up joining the judiciary and become judges. Moreover, according to Advocates Act of India, an Advocate is by law, an officer of the court. But often it is the same advocate, who end up filing malicious prosecutions and misleading the Court, i.e. committing perjury or suborning to perjury.
Many a times, it is noticed that the employee once trapped in a false and fabricated criminal or civil suit in court of law, hires a lawyer who charges a huge amount of fees up front, and then in first few months pressures the litigant to settle the case by paying extortion demands of the people who are maliciously prosecuting him/her. This is the second experience of deceit for your employee.
If your employee, consistent with his morals and family values, choses to fight his cases in person, please support him. Encourage him to study case law for the purposes of his litigations. Allow him to attend court dates during business hours as long as he makes up for the absence somehow, this will boost his morale and you will gain his loyalty.
Stage #4 – The hopeless court system
Please see our article understand the issues of Indian Judiciary. Generally, lot of people become hopeless in 2-4 years of running around due to exorbitant delays, in the Indian Court, the Judiciary that is marred with corruption and inconsistent jurisprudence i.e. if any is left. To make matters worse, the experience in the courts in India further shakes his belief system and this is the beginning of extreme levels of stress and extended periods of anxiety, that turn into depression. This is the third experience of deceit for your employee, who grew up learning सत्यमेव जयते – Only the Truth prevails.
Stage #5 – Neglect from Society, Workplace, Friends, Colleagues
Most times, the society, the colleagues at work and the friends outside of work, would not fully understand why that employee of yours is behaving differently, or performing below the role-expectations, or withdrawing from the social interactions and events. Moreover, just because a woman may have filed false allegations, the perception and optics of everyone around him, if he choses to discuss will be that of a potential criminal or that “he must have done something wrong”, versus suspending the judgment until a genuine and a fair trial has finished and the judiciary has passed a final verdict.
This has more devastating and unquantifiable consequences on the accused person compared to Stage 2, 3 and 4. This is the fourth experience of deceit for your employee, a straw that can break the camel’s back, figuratively speaking. This is where you can make a difference as an employer and manager.
Most people who seek employment/job come from the middle class strata (or higher or lower middle class strata) of Indian society. Most of their life, they are taught to go to school, get good grades, go to college/university, get masters degree and then get a good job, most likely in an organization like yours. Working for your organization is inherent to the dignity of that employee of yours. That is the core of his identity, that is the core of what he was told for over 20-30 years growing up, to get that good job and keep going on that career trajectory.
Support your employee, in fighting the epidemic of misandry and menace of IPC 498a, gender biased laws and #FakeCases in India, which has resulted in epic numbers of suicides and murders, which if quantified, could tantamount to Genocidal proportions each year in India.
So here is what you, as an employer/manager, should do and not do.
- Be trusting, be supportive, be accommodating, keep their dignity intact
- Facilitate safe conversations around #FakeCases and misuse of dowry laws at your work place and in peer groups
- Focus on the strengths, the potential and the past performance of the employee, i.e. put people before profits
- If his/her behaviour is deviant as a result or after being hit by the false cases/allegations, educate and encourage the peers to support the employee, demonstrate empathy.
- Provide training in the areas of Emotional Intelligence, Social Awareness, Self Awareness.
- Help them focus on their Core Identity, their True Spirit – direct them to www.MensCommission.in
- Provide time and flexibility to attend Court Dates
- Provide flexibility to attend Law school/college, if he/she choses to fight the court cases as Party-In-Person or to help other victims
- Always follow the Human Rights code/act/laws and uphold the rights of the accused to be “presumed innocent, until proven guilty, beyond a shadow of a doubt“
- Invite a Men’s Rights Organization such as www.MensCommission.in to spread awareness in your workforce, through factual stories and events
- Suggest they visit www.MensCommission.in to learn to deal with difficult situations
- Suggest they visit psychological counselling and help them understand the difference between two types of depression: (A) clinical depression (B) psychological depression
- Don’t judge him/her. It is not your job to judge the employee, suspend your judgment no matter how tempting it is to jump to conclusions and take all steps and encourage other employees to do the same.
- Don’t reassign their job duties or don’t transfer to another office without fully consulting the employee
- Don’t terminate employment or send them on an unpaid leave
- Don’t reduce pay or hours
- Don’t gossip about the employee
- Don’t ask direct questions about personal situations – be mindful of their mood and emotional status before starting or resuming conversation about personal situations.
If the above DO’s and DON’T’s are not addressing your dilemma, you still have a moral obligation to act as a responsible employer and support your employees and their family members who may be accused in #FakeCases in India, and treat them as innocent until proven guilty.
My company is not in India, why should I care?
Remember 1 in 6 persons on this planet is Indian.
If you are an employer outside of India, know that lot of Non-Resident Indian (NRI) living and working in your country and Foreign Nationals who may also be Overseas Citizens of India (OCI) are specifically targeted by the wide spread extortion rackets in India as a result of their Foreign Income/Assets or for their assets in India. Businesses & employers outside of India are also requested to show extra empathy for employees and their family members, who may be trapped in this epidemic and a social/national evil of India.
You as the employer are just as much a part of the Social Change necessary in India, the country disgraced with corruption not just in government, police force & lawyer body but also in corruption in the judiciary (the last bastion of hope).
Your employee is merely a victim of a corrupt system and organized extortion racket. Support your employees, who are victims of #FakeCases and unproven allegations. It is better to retain and retrain a loyal employee than to start over with a new one. It is our time to show that we are
being human with a human being; that’s the right thing to do.
License to distribute: The author grants all rights and licenses at no cost, to the readers and recipients to: copy, reproduce, duplicate and distribute; this guide as long as it is in its original form, format, the credit is given and reference is duly made to www.menscommission.in. For latest version of this guide visit www.menscommission.in/employers-guide
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