Bombay High Court- Absent dad can’t get access to child


 

By Rosy Sequeira, TNN | Jan 21, 2013, 03.59 AM IST

MUMBAI: A father who is absent cannot get the same rights as a father who
is available, said theBombay high court even as it recalled its order
allowing a man electronic access to his 12-year-old son.

On January 11, Justice Roshan Dalvi reviewed and set aside her October 2012
order allowing access to the child through video conference. The judge
noted that despite the video conference arrangement, the father remained
absent. Further, his whereabouts are not known except that he lives in the
Middle East. Justice Dalvi said he does not attend court, conducts
litigation through his constituted attorney and has not given his personal
address. “The father who refuses to show his presence cannot get the same
rights as a father who presents himself,” she said.

The couple married in September 1991. Their son was born in November 2000.
Subsequently, the man abandoned his wife and child in Saudi Arabia. In
August 2009, the husband filed for divorce through his constituted attorney
before the Pune family court. His application that his mother and
constituted attorney get access to the child was rejected by the FC in
March 2012.

On October 15, 2012, Justice Dalvi said access can be granted only to the
father who is the legal guardian and none other. She then directed that the
child will communicate with his father through video conference. Since the
Pune FC did not have video conference facility, it was arranged at the HC
on December 7, 2012. On that day, Justice Dalvi was informed that the
father’s advocate was absent as a relative was in hospital. The judge said
even if the advocate was absent, the father could have been told to remain
present at the video conference. His Skype identity was also not provided.
The wife’s advocate Flavia Agnes said the entire exercise was to harass the
wife and child who live in Pune.

She said the father has been abusive towards the child who is medically
fragile. “The wife’s contention that the exercise was only for the
harassment of the child is seen to be correct,” said Justice Dalvi. She
said the husband failed to avail of the opportunity granted by the court
and his conduct has proved his wife’s contention.

“The prejudice in respect of the access by video conference is seen from
the fact that it is too cumbersome to afford the father the luxury and
facility of electronic access when he is not available for personal access
and has not claimed any such access in the light of the fact that for an
unjustifiable excuse, the father remained absent and the child was made to
undergo the agony,” concluded Justice Dalvi.

 

MFI Alternative Radio this Saturday – Mary Ellen Copeland #mentalhealth


 

 

 

 

 

Mary Ellen Copeland

 

and Magdaline Volaitis

 

 

 

 

 

 

FIRST SHOW OF 2013! Join MARY ELLEN COPELAND, MAGDALINE VOLAITIS, and

guest host SOPHIE FAUGHT to discuss how we can replace harsh and invasive psychiatric interventions with personal empowerment, self-help, and recovery for people in mental/emotional distress! LIVE on Saturday, 12 January 2013, at 2 pm ET, 11 am PT; we’ll be taking your calls at (646) 595-2125.


Listen at www.blogtalkradio.com/davidwoaks
Our guests:
– MARY ELLEN COPELAND is nationally and internationally recognized for her work in studying how people recover from mental health challenges using simple, safe, non-invasive, widely available and usually free self-help resources (including WRAP – Wellness Recovery Action Plans). Her focus is on shifting the system of mental health care away from the use of psychotropic medications and harsh traumatizing treatments, and to personal empowerment, self-help, prevention and recovery through natural supports, education, training, and research.

Learn more about Mary Ellen Copeland’s work on her website, http://www.mentalhealthrecovery.com.

– MAGDALINE VOLAITIS (photo on right) Magdaline works closely with Mary Ellen Copeland as the Outreach Director for WRAP and Recovery Books. She is the first line of communication to Mary Ellen, manages the website, and writes the bimonthly e-newsletters. Magdaline became a WRAP facilitator in 1999 and finds WRAP to be one of the most useful tools for all aspects of her life.

Join MARY ELLEN, MAGDALINE and guest host SOPHIE FAUGHT (coordinator of MindFreedom International‘s I GOT BETTER campaign to raise awareness of recovery in mental health) for an exciting dialogue about replacing invasive and sometimes harmful psychiatric practices with more holistic and empowering alternatives, achieving a stable and lasting recovery from mental and emotional distress!

(more information at: www.mindfreedom.org/radio-mecopeland)

***

Tune in live at www.blogtalkradio.com/davidwoaks, and join the conversation yourself!

Do you have ideas about how we can avoid invasive psychiatric practices and promote recovery through self-empowerment instead? Do you have experience with WRAP (Wellness Recovery Action Plans) you’d like to share? We’ll be taking your calls at (646) 595-2125.

OR

Listen to the archive any time you like, at

www.blogtalkradio.com/davidwoaks

***

Tips About How to Listen and Call-in Live (or hear the archive later)

At the start of the show, 2 pm ET or 11 am PT, you can listen by going to the Blog Talk Radio site hosting this monthly “Second Saturday” show, here:

www.blogtalkradio.com/davidwoaks

Call-in Number: (646) 595-2125.

You can listen and call-in live and free by either computer or phone from anywhere in the world.

USA: 11 am Pacific, 12 noon Mountain, 1 pm Central, 2 pm Eastern

UTC/GMT: 6 pm [18:00]

Ireland: 7 pm [19:00]

Berlin: 8 pm [20:00]

Auckland, NZ: 6 am

To find your local time click here.

Can’t get to a computer that day? No problem! You can use the call-in number (646) 595-2125 just to listen, like a teleconference.

Online, you can also join a live chat with MFI Web Radio Show.

You can call in via phone, BlogTalkRadio web site or Skype.
~~~~~~~~~~~

More about MindFreedom International:

MFI is one of the few totally independent nonprofit organizations in the mental health advocacy field focusing on survivors of human rights violations in the mental health system.

MFI has zero funding from the mental health system, governments, drug companies or religions.

All are welcome. While a majority of MFI’s members identify as psychiatric survivors, members include family members, advocates and concerned mental health workers.

That means YOUR membership and donation are CRUCIAL to MindFreedom International’s campaigns for human rights alternatives.

Join or donate now:

http://www.mindfreedom.org/join-donate

Benefits include the MindFreedom Journal, special web and e-mail networking, discount on http://www.madmarket.org purchases, MindFreedom Shield, member services office… and a nonviolent revolution in mental health.

Mind Your Freedom!
Donate, join now or renew early here:

http://www.mindfreedom.org/join-donate

Alternative Mental Health Radio , tune in on Dec8


 MindFreedom International: Michael Cornwall, Ph.D.

LAST SHOW OF 2012! Join guest host SOPHIE FAUGHT and veteran clinician, Mad In America blogger and activist MICHAEL CORNWALL to talk about madness: “If madness isn’t what psychiatry says it is, then what is it?” LIVE on Saturday, 8 December 2012, at 2 pm ET, 11 am PT; we’ll be taking your calls at (646) 595-2125.

Alternative Mental Health Radio by MindFreedom International: Michael Cornwall, Ph.D.Above: Michael Cornwall, guest on MindFreedom’s ALTERNATIVE MENTAL HEALTH RADIO

MindFreedom International presents:

ALTERNATIVE MENTAL HEALTH RADIO

 

On the topic of:

If madness isn’t what psychiatry says it is, then WHAT IS IT?

 

Our guest:

  • MICHAEL CORNWALL, PH.D. (photo on right), went through an intense, lengthy period of un-medicated madness in his early twenties that set the course for his vocation as a therapist.
  • He served for three years in a 20 bed open door, restraint, medication and diagnosis free, extreme states sanctuary called I-Ward, and completed doctoral research on John Weir Perry’s medication free sanctuary, Diabasis House.
  • For over 30 years he has served people in extreme states and other forms of emotional suffering, while also being a community grassroots politics leader in the human rights struggle against the abuses of psychiatry.
  • Michael uses his personal experience of unmedicated madness to ask: “If madness isn’t what psychiatry says it is, than what is it?”

Join Michael and guest host SOPHIE FAUGHT (coordinator of MindFreedom International’s I GOT BETTER campaign to raise awareness of recovery in mental health) for an exciting dialogue about the importance of madness on both the individual and societal levels.

***

Tune in live at www.blogtalkradio.com/davidwoaks, and join the conversation yourself!

Want to ask our guest about his unique experiences of madness? Have observations or experiences of your own to share about the nature of madness for the individual and society? We’ll be taking your calls at (646) 595-2125.

OR

Listen to the archive any time you like, at

www.blogtalkradio.com/davidwoaks

***

Tips About How to Listen and Call-in Live (or hear the archive later)

Mad Live Web Radio!At the start of the show, 2 pm ET or 11 am PT, you can listen by going to the Blog Talk Radio site hosting this monthly “Second Saturday” show, here:

www.blogtalkradio.com/davidwoaks

Call-in Number: (646) 595-2125.

You can listen and call-in live and free by either computer or phone from anywhere in the world.

  • USA: 11 am Pacific, 12 noon Mountain, 1 pm Central, 2 pm Eastern
  • UTC/GMT: 6 pm [18:00]
  • Ireland: 7 pm [19:00]
  • Berlin: 8 pm [20:00]
  • Auckland, NZ: 6 am

To find your local time click here.

 

Can’t get to a computer that day? No problem! You can use the call-in number (646) 595-2125 just to listen, like a teleconference.

Online, you can also join a live chat with MFI Web Radio Show.

You can call in via phone, BlogTalkRadio web site or Skype.

 

Norway row: ‘Were my parents taken away because I was bad?


by  , First Post, Dec 2, 2012

Seven-year-old Sai Sriram looks up at me with innocent eyes, with a gaze that is clearly searching for answers. He is probably wondering why I am asking for him to be sent inside when so many people and camera crew are inside his home in Miyapur on the outskirts of Hyderabad.

I am worried about the effect the picture of his parents – Chandrasekhar Vallabhaneni and Anupama – that is flashing non-stop on the TV screen, will have on his young mind. At least three vernacular TV channels have jumped the gun and are incorrectly flashing that the parents have been sentenced to jail. Monday will be the critical day when an Oslo court could sentence his mother to 15 months and father to 18 months in jail.

The boy and his younger brother Abhiram, less than two and who was still being breastfed by his mother till one week ago, look lost and confused. They are upset. They don’t know why Amma is not back yet as promised.

Sai Sriram has been diagnosed with mild to moderate ADHD or attention-deficit hyperactive disorder: Firstpost

Sriram says his father is away on work. But “Nanna” (for father) has not spoken to him over Skype for a week now and he is wondering why. He obviously does not know his parents have been arrested in Norway on charges of “repeated maltreatment of their child/children by threats, violence and other wrong”.

Sai Sriram’s doctor Dr Kalyan Chakravarthy who has been interacting with the child for the last three months says Sriram thinks he was earlier punished for “bad behaviour” by being kept away from his parents for many days and now his parents have been taken away because he has been “naughty”. Sriram was taken away by the child welfare agency in Norway for eight weeks earlier this year on suspicion that the child was being `scolded and intimidated’ at home.

Do we ever realise how much children blame themselves for what they see going wrong around them, with their parents?

The developments are clearly having an adverse effect on the emotional and physical health of the seven-year-old. Sai Sriram is diagnosed with mild to moderate ADHD or attention-deficit hyperactive disorder. He had been responding positively to treatment and to the occupational therapy he was undergoing, but the absence of both parents is obviously causing tremendous trauma and the child is regressing and deteriorating.

Sriram, always a fussy eater, has not been eating well all of last week and his paternal grandmother is obviously worried about his health. Abhiram has been running fever and is asthmatic.

The children obviously miss their mothers nurturing and cuddles. Chandrasekhar’s mother Srilakshmi is in tears, unable to console the children, who are longing and crying for their parents. Both children share a strong emotional bond with their parents and that is now showing in their health and well-being, she says. “I don’t think I took as much care of my children as my daughter-in-law always does. She can’t bear to see them hurt in any way”, she said.

Anupama’s father fights his tears as he tries to explain to total strangers the credentials of his daughter as a loving mother and her husband as a caring father.

“My daughter did her B.Tech and is well-educated. But they both decided that the money he is earning is enough and they would focus on the upbringing of their children. So she remained a housewife”, he said.

Sai Sriram was born premature at seven months and from the very beginning, he had been a difficult child, who needed more patience and understanding in handling, the grandfather says.

No one in the family is denying that the elder child would be every now and then reprimanded, scolded or threatened, all of which they feel is part of the Indian style of parenting to try and discipline the child. But seen through the glares of Western perception and cultural values and put in the context of what has been often called a “draconian” Norwegian law, the parents have been criminalised and painted as villains.

Even presuming that the parents were not ideal human beings, with loads of patience and with the capacity and intention to practice progressive parenting values, condemning them to jail seems an excess beyond justification. They may have even crossed the line and committed some wrongs, but surely their intention was not to torture their child or subject him to inhuman treatment.

From all accounts, they seem to be affectionate, caring parents. It is quite possible that their frustrations sometimes broke their patience and they may have acted in a manner that they regretted only minutes later. Doesn’t it happen to all of us?

What they needed then and now is support and counselling on the best way to deal with the child and with their own emotions. Not a sentence behind bars. Friends of the couple in Norway insist there is documentary evidence to suggest that they sought help for their child and themselves. They never got that help. All they got was blame and were labelled criminals.

If putting the parents in jail is punishing a wrong, then who is going to correct the wrong of denying the children the loving care of their parents. Splitting a family this way would be to compound an error.

 

For the sake of free speech- Save your Voice Campaign


Creative professionals go on hunger strike to protest against Internet censorship

SUJATHA SUBRAMANIAN, The Hindu

GATHERING MOMENTUM:Save Your Voice activists sitting on a hunger strike.Photo: Shanker Chakravarty

GATHERING MOMENTUM:Save Your Voice activists sitting on a hunger strike.Photo: Shanker Chakravarty

The possibility of a scenario where the government not only has access to every Indian citizen‘s Facebook posts, Skype conversations, private photographs and can also censor tweets, blogs and online conversations has created outrage among citizens, particularly ‘netizens’.

The most recent attack on freedom of speech and expression has been in the form of the Information Technology (Intermediary Rules) 2011, which require that intermediaries, such as a website host, including social networking sites and search engines, do not host, display, share or publish information deemed as objectionable. On receiving a complaint by an aggrieved person, the intermediary site is liable to act within 36 hours and remove the content, without prior notice.

A group of like-minded individuals, who have come together under the ‘Save Your Voice’ campaign, are on a hunger strike protesting against IT Rules 2011.

The group, comprising writers, artists and musicians, had earlier organised a protest and sat inside cages set up at Jantar Mantar on April 22, with the slogan ‘Freedom in the Cage’, symbolising how the IT Rules ‘caged’ the freedom of the people granted by the Constitution.

“The empowerment that social media provides has begun to be seen as threatening. This is an attempt to clamp down on an individual’s right to dissent and his freedom of expression,” said journalist Alok Dixit here on Saturday, continuing with the fourth day of hunger strike at Jantar Mantar According to Mr. Dixit, the rules would also force the Internet Service Provider (ISP) to create vast databases of sensitive information about an individual which would then be available to the government.

The group is attempting to create awareness regarding the censorship inherent in the IT Rules and gather support for the annulment motion filed by Rajya Sabha MP P Rajeev against the rules. The motion is expected to come up in this budget session. Mr. Dixit said: “No site will run risk of being dragged to court to protect the rights of an individual. The Government is holding the intermediaries responsible so that it can exert power over the citizens in an indirect, insidious way.” The campaign was launched after cartoonist Aseem Trivedi’s website http://www.cartoonsagainstcorruption.com was closed down, without any prior notice, by Big Rock, the web portal that hosted his website.

On further investigations, it was discovered that a complaint against his site had been lodged with the Mumbai Cyber Crime Cell.

Mr. Dixit said: “We understand that the Government deems certain content as capable of inciting violence and as being against national interest. But every site has always had mechanisms to deal with such content. What aggrieves us is the draconian way in which it is trying to clamp down on any form of free expression or dissent. Such regulations also do not allow an individual to understand why certain content has been termed objectionable or what an individual can do to retrieve his site. An individual’s intellectual property should not be tampered with in this manner.” The campaign for free speech and expression has gained momentum after the recent case where a professor from Jadavpur University was arrested and booked under the IT Act for posting an “objectionable” cartoon on a popular social networking site.

Join OUR CAMPAIGNS on FACEBOOK

saveyourvoice

StopITIndia

WATCH THE NDTV DEBATE ON THE ISSUE

Immediate Release- Freedom Fast: Third day of hunger strike for internet freedom


Press Release

Freedom Fast: Third day of hunger strike for internet freedom

Aseem Trivedi and Alok Dixit from Save Your Voice completed the third day of their hunger strike to support annulment motion against IT Rules-2011 in Rajya Sabha. We started this hunger strike on 2nd May and we will carry on until we get any satisfactory response from the government and the opposition regarding the annulment of IT Rules-2011.

Government has enacted laws that give it a free pass to censor our Facebook posts, listen to every Skype conversation we have, monitor our tweets or blogs oraccess private photographs and documents we store online, or track our location using our mobile phones or surveil all of your online activity. We want to tell our government that they cannot use vaguely defined laws and loopholes to take away our freedom of speech and expression.

IT Acts are unconstitutional: On 11th April 2011, the Government notified the new Information Technology (Intermediaries Guidelines) Rules, 2011 prescribing various guiding principles to be observed by all internet related companies. These rules will:

1. Lead to a clamp down on the freedom of speech and expression enshrined in the Constitution of India by providing for a system of censorship/self-censorship by private parties;

2. Adversely affect the right to privacy of citizens by allowing Government agencies to access their information;

3. Will severely hamper the growth of internet penetration in India, and consequently lead to a slowdown of economic growth;

4. Limit the growth of various IT related industries and services (in particular cyber cafes, search engines and bloggers).

In addition, mandatory data retention would force the Internet Service Provider to create vast and expensive new databases of sensitive information about an individual. That information would then be available to the government, in secret and without any court oversight.

Annulment Motion in Rajya Sabha: Sh. P. Rajeev, Hon’ble Member of the Rajya sabha has moved an annulment motion to get these rules abolished and the motion has been admitted and is expected to come up in this budget session. The Bangalore MP Rajeev Chandrashekar has spoken in Parliament in support.  It’s also interesting to note that a professor of chemistry of the Jadavpur University was arrested recently along with his neighbour for allegedly posting a cartoon on a popular social networking site and forwarding emails, cases were booked under the IT ACT as well.

Thanks,

Save Your Voice Team,

www.saveyourvoice.in,

www.facebook.com/saveyourvoice

Contact no: 09717900302, 09810659060, 09336505530, 07499219770

 

Press Release

 

फ्रीडम फास्ट: इंटरनेट की आज़ादी के लिए जंतर मंतर पर जारी रहेगी अनिश्चित कालीन भूख हड़ताल

 

इंटरनेट सेंसरशिप के खिलाफ सेव योर वॉयस की भूख हड़ताल ‘फ्रीडम फास्ट’ का आज तीसरा दिन था. हम फ्री इंटरनेट और आजाद लबों की मांग को लेकर दो मई से अनशन पर बैठे हैं. हमें जन्तर मन्तर पर केवल ३ दिनो की ही अनुमति दी गई थी और सरकार इसे आगे बढ़ाने को राजी नही थी. पर यहाँ से पीछे हटना का विकल्प हमें पसंद नहीं आया और इसलिए हमने तय किया है कि हम बिना सरकारी मंजूरी के भी जंतर मंतर पर अपनी भूख हड़ताल तब तक जारी रखेंगे जब तक हमें सरकार और पालिटिकल पार्टियों से इस बारे में कोई ठोस जवाब नहीं मिलता.

 

हम सरकार से मांग कर रहे हैं कि आईटी एक्ट २०११ को हटाया जाए और इनकी जगह कुछ मजबूत कानूनों को लाकर इंटरनेट को मजबूती प्रदान की जाए. केरल के एक एमपी पी राजीव इस कानून को हटाने के लिये राज्य सभा में एक एनलमेंट मोशन लाए हैं जिस पर पार्टी सांसदों को वोट करना है. अब तक किसी भी पार्टी ने इस मोशन पर वोट करने के लिये हामी नहीं भरी है. अगर यह कानून इस सत्र में खत्म नहीं होता है तो हमें इस हटवाने में कई साल लग जाएंगे.

 

सेव योर वॉयस टीम

09717900302, 09810659060

www.saveyourvoice.in

www.facebook.com/saveyourvoice

 

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