NFHS Petition to Law commission on 498A
26th February 2011
Bangalore
To,
Chairman, Law Commission Of India,
The Indian Law Institute Building
(Opp. to Supreme Court),
Bhagwandas Road,
New Delhi – 110 001.
Subject: Regarding arbitrary arrests of ordinary law-abiding citizens under IPC Sections 498A, 304B, Dowry Prohibition Act and related laws.
About National Family Harmony Society®: “National Family Harmony Society®” NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit www.family-harmony.org / www.498a.org.in.
Honorable members of the Parliament have been raising questions in the parliament at regular interval regarding the heavy misuse of IPC Sections 498A, 304B, Dowry Prohibition Act and related laws. Please find some of the questions raised by members of Parliament regarding heavy misuse of women centric laws.
T a b l e – 1
| Sl No | Question number | House | Name of Member | Answered on | Subject |
| 1 | 1409 | RAJYA SABHA | SHRI MOTILAL VORA | 01.08.2003 | MISUSE OF DOWRY PROHIBITION ACT |
| 2 | 1610 | RAJYA SABHA | SHRI R.S. GAVAI | 16.03.2005 | INCREASING NUMBER OF FALSE DOWRY CASES |
| 3 | 2698 | RAJYA SABHA | SHRI ABU ASIM AZMI | 22.08.2005 | AMENDMENTS TO DOWRY PROHIBITION ACT |
| 4 | 2805 | RAJYA SABHA | PROF. RAM DEO BHANDARY | 23.08.2006 | HARASSMENT DUE TO DOWRY ALLEGATIONS |
| 5 | 3876 | RAJYA SABHA | SHRI MAHENDRA SAHNI | 10.05.2007 | AMENDMENT IN ANTI DOWRY LAW |
| 6 | 4501 | RAJYA SABHA | SHRI SURENDRA LATH | 16.05.2007 | MISUSE OF DOWRY PROHIBITION ACTs |
| 7 | 1474 | RAJYA SABHA | SHRI BRIJ BHUSHAN TIWARI | 03.12.2007 | AMENDMENTS TO DOWRY LAWS |
| 8 | 1696 | RAJYA SABHA | SHRI LALIT KISHORE CHATURVEDI | 05.12.2007 | PUNISHING PEOPLE FILING FALSE DOWRY RELATED CASES |
| 9 | 2933 | RAJYA SABHA | SHRI KAMAL AKHTAR | 21.04.2008 | STIFFER ANTI DOWRY LAWS |
| 10 | 1474 | RAJYA SABHA | SHRI BRIJ BHUSHAN TIWARI | 03.12.2007 | AMENDMENTS TO DOWRY LAWS |
| 11 | 1073 | RAJYA SABHA | SHRI AMAR SINGH | 10.03.2008 | AMENDMENT OF ANTI DOWRY ACT |
| 12 | 304 | RAJYA SABHA | ABU ASIM AZMI | 20.10.2008 | MISUSE OF ANTI DOWRY ACT |
| 13 | 440 | LOK SABHA | SHRI SANAT KUMAR | 28.08.2001 | Dowry Prohibition Act and Domestic |
| 14 | 1012 | LOK SABHA | Shri RAMDAS ATHAWALE | 06.03.2007 | AMENDMENT IN DOWRY ACT |
| 15 | 440 | LOK SABHA | Shri SANAT KUMAR MANDAL | 20.02.2009 | DOWRY PROHIBITION ACT AND DOMESTIC VIOLENCE ACT |
| 16 | 2030 | LOK SABHA | Shri DALPAT SINGH PARASTE | 30.11.2007 | ABUSE OF ANTI-DOWRY LAW |
| 17 | 193 | LOK SABHA | Shri RAGHUVIR SINGH KAUSHAL | 16.11.2007 | FALSE IMPLICATION IN DOWRY DEATH CASES |
| 18 | 1181 | LOK SABHA | Kunwar REWATI RAMAN SINGH | 21.08.2007 | COMPLAINTS ON DOWRY BY NRIs |
| 19 | 382 | LOK SABHA | Shri N CHELUVARAYA SWAMY SWAMYGOWDA | 20.11.2009 | MISUSE OF DOWRY PROHIBITION ACT, 1961S |
Honorable Supreme Court and various High Courts have observed from time to time that these women centric laws are being highly misuse. Honorable Supreme Court had observed that IPC 498A is being used as “Legal Terror”. Some of the observation of the Supreme Court and various High Courts are compiled below:
T a b l e - 2
| Sl No | Court | Case Number/Reported | Year | Between |
| 1 | Supreme Court | Writ Petition (C) No. 141 of 2005) | 2005 | Sushil Kumar Sharma Vs. Union of India (UOI) |
| 2 | Supreme Court | Appeal (crl.) 206 | 2008 | Som Mittal Vs Govt. of Karnataka |
| 3 | Supreme Court | Appeal (crl.) 1716 of 2007 | 2007 | Onkar Nath Mishra & Ors vs State (Nct Of Delhi) & Anr |
| 4 | Supreme Court | 2000 (2) JCC (SC) 657: 2000 (5) SCC 207 | 2000 | Kans Raj vs. State of Punjab and others |
| 5 | Delhi HC | Crl.A.No.339-41/2005 | 2010 | - |
| 6 | Delhi HC | CRL.M.C.7262/2006 | 2007 | - |
| 7 | Delhi HC | CRL. R 462/2002 | 2003 | Savitri Devi Versus Ramesh Chand and Ors. |
| 8 | AP HC | A. A. O. No. 1039 of 2001 | 2002 | Saritha Vs R.Ramachandra |
| 9 | Punjab & Haryana HC | (1990)2 Rec Cri R 243 | 1990 | Jasbir Kaur vs. State of Haryanas |
| 10 | Supreme Court | CriLJ 2993 | 2000 | Kanaraj vs. State of Punjab |
| 11 | Karnataka HC | 2002 CriLJ 3605 | - | State Vs. Srikanth |
| 12 | Supreme Court | 2002 CriLJ 4124 | 2002 | Mohd. Hoshan vs. State of A.P. |
| 13 | Delhi HC | 2003 CriLJ 2759 | 2003 | Savitri Devi vs. Ramesh Chand |
| 14 | Punjab & Haryana HC | 2003 CriLJ 3394 | 2003 | Bhupinder Kaur and others vs. State of Punjab and others |
| 15 | Jharkhand HC | 2004 CriLJ 2989 | 2004 | Arjun Ram Vs. State of Jharkhand and another |
| 16 | Punjab & Haryana HC | RCR (Criminal) 163 | 2002 | Mukesh Rani Vs. State of Haryana |
| 17 | Delhi HC | 2001 (2) JCC (Delhi) 86 | 2001 | Anu Gill Vs. State & Anrs |
| 18 | Supreme Court | AIR 2005 SC 1989 | 2005 | Ramesh & Ors. Vs. State of Tamil Nadu |
| 19 | Delhi HC | CHANDER KANTA LAMBA & ORS | - | - |
| 20 | ADDITIONAL SESSIONS JUDGE | Revision No. 88/2008/2002 | 2002 | - |
| 21 | Punjab & Haryana HC | - | 2002 | Krishan Jeet Singh vs State Of Haryana |
| 22 | Orissa HC | - | 2003 | Benumadhab Padhi Mohapatra vs State |
| 23 | AP HC | Criminal Petition No. 6642 of 2007 | 2007 | Kamireddy Mangamma and others |
| 24 | Allahabad HC | CRIMINAL MISC. WRIT PETITION No. – 3322 of 2010 | 2010 | Sanjeev Kumar & Others vs State Of U.P.s |
The Universal Declaration of Human Rights states:
- Everyone has the right to life, liberty and security of person.
- No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
- Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
- No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence or to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.
In blatant violation of all the above rights, thousands of husbands and their families are arbitrarily arrested every year, without evidence or investigation, under IPC Sections 498A, 304B, Dowry Prohibition Act, and related wife-centric laws which presume that the accused are “guilty until proven innocent”.
National Human Rights Commission (NHRC) has noted the misuse of dowry laws, arrest of innocent individuals and the resultant overcrowding of prisons. NHRC has urged the judiciary and law enforcement agencies to take measures against these abuses. High Courts across the country and the Supreme Court have condemned the misuse of dowry laws. The Commissioner of Police, Bangalore had issued standing instructions vide memo to check arbitrary arrests. The DGP, Karnataka has also issued a circular to implement 11 guidelines issued by Honorable Supreme Court of India regarding arrests and detention of Individuals in Cr WP No. 539/1986 and Cr WP No.592/1987. By taking note of the heavy misuse of the 498A IPC, recently on October 20, 2009, Union Ministry of Home Affairs had issued an advisory to all the state Governments and Union Territories. National Commission of Human Rights also has issued guidelines regarding arrests.
Nevertheless, abuse of police powers continues and unnecessary arrests have only been growing. Police routinely enter people’s homes at ungodly hours, take accused men and women into custody, and incarcerate them in the name of “protecting women from cruelty and harassment”. Innocent citizens are illegally detained, humiliated, subjected to mental and physical torture, blackmail and extortion. The honor and reputation of these accused individuals is simultaneously attacked through media trial and unrestrained slander by women’s organizations every day. Thousands of men and women have been driven to suicide due to the trauma of false cases, arrest, prolonged trials and the resultant humiliation and financial troubles they have to endure.
According to statistics published by the National Crime Records Bureau in 2007 alone, an overwhelming 94% of the individuals arrested under IPC Section 498A were found not guilty. A closer look at individual cases under Section 498A reveals that arrests are made by lower cadre police officials without proper justification and only with the intent of terrorizing innocent citizens and extorting money from them under the threat of imprisonment and long-drawn legal battles.
Our numerous pleas to the Government of India to stop arbitrary arrests of citizens under IPC Section 498A have fallen on deaf ears. On the other hand, new laws are always on the anvil (sexual assault, work place harassment, acid attacks etc.) which stress on immediate arrest of men upon mere accusations made by women.
While it is amply clear that under the prevailing circumstances, arrest is inevitable for any man facing allegations of abuse or assault, it is imperative that innocent citizens are prepared to go to jail even if they committed no crime. Ordinary law abiding citizens and their kin should be freed from the fear of jail and the concomitant feelings of humiliation and suffering so that they do not drive themselves into depression, ruin their health or end their own lives.
In spite of All round coverage by Media regarding heavy Misuse of IPC 498A, questions in the parliament by honorable MPs, Critical remarks by various HCs and SC, Observation by NHRC, advisories issued by Union Home Ministry from time to time, State Governments are not taking any steps to prevent the heavy misuse of IPC Sections 498A, 304B, Dowry Prohibition Act and related laws. These laws are so biased and dangerous that any innocent can become victim just on a false complaint by a woman. Even celebrities like Pakistani Cricketer Shoaib Malik and Former Union Minister Arjun Singh have not been spared have been falsely implicated under these laws.
OUR DEMANDS:
- Bring in appropriate amendment: To stop the heavy misuse of Gender Biased laws such as 498A, 304B, Dowry Prohibition Act and related laws.
- Bring in appropriate amendment: So that no arrest happens before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
- Bring in appropriate amendment: To stop arbitrary arrest of elderly persons, children and pregnant sisters.
- Bring in appropriate amendment: To prevent arbitrary arrests by police and to implement the advisory issued by the Union Home Ministry regarding heavy misuse of the 498A IPC.
- Bring in appropriate amendment: As it is a common knowledge that allegations made in the Domestic Violence Act and IPC 498A are almost similar hence there must be an amendment so that only one provision can be used in case of a matrimonial dispute.
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
National Family Harmony Society National Family Harmony Society
Dear Sir,
We should also ask for suitable amendment to bring to book those who misuses this law and lodge false claims, if proved. The fear of being subject to punishment if proved guilty may be bring down the no of frivolous complaints.
Can you believe that the mediator also speaks with an intent to extract as much money as possible. The spouse of the mediator joins the company of the mediator during the mediation process and ask clients to meet outside the mediation centre. Police also gets opportunity to earn extra money and they enjoy with as many cases. The girls and her respected family walks away smilingly looking at such extortion with false allegations.
Respected Sirs
Can some one enlighten me whether any amendment has happened so far ? The prime objective of law is to protect the innocent and punish the guilty. If innocent people are getting harassed then this is unacceptable. Law should result in justice. Justice cannot be achieved by being biased. Yes the guilty should be punished but the sword of the law should not hurt the innocent man.
There is an urgent need of amending the act as otherwise innocent people keep on getting extorted by all..mediator, women cell, legal cell, advocates and so and so..What the business mediator has got to ask the husband his salary etc. Why the emdiator is rude with the husband when there is no ground of any case. I will have to come out with the facts to proove it is a legal terrorism.The wife and her so called beloved parents can not forego the salary of their beloved daughter post marriage and hence such extortion.If you want to unearth her pre-marital affairs affecting marriage life, she and her beloved family would slap DV charges. They also smile on the poor state of affairs of the husbands.
If the amendment can ensure that the girl and her beloved father and mother would be appropriately punished as per law with imposition of heavy penalties for misuse of Act, the false cases should get reduced.
The terror being created by misusing the legal provisions of filing false cases could only can be termed as legal terrorism. Why the affected people are not compensated when they are exonerated from the false allegations. In a case where the husband and wife both are working outside since their marriage but the girl has filed case in a state where her in-laws are staying, what it could lead to. By the time, the case is turned down on account of jurisdiction, the boy family has already suffered a lot with mental agony, torture and money.A time has come when the amendment in the laws has to be enforced. Police, women cell, mediation cell and the legal system only encourages extortion and what Anna Hazare can achieve will be only be a myth and everybody will be staying in a fools paradise. What has happened to two sisters in Noida must have been caused partially due to threat of misuse of marriage acts etc. and they have undergone depression. One should notice that both sisters were well educated and just their brother got separated after marriage due to disputes post marriages and lead to the depression of the family.
Respected Sirs.
As a humble admirer of NFHS I would like to congratulate the great work this esteemed organization is doing. I have a suggestion. Its related to property. Parents disinheriting their children (including adult children and grandchildren ) although is rare but not uncommon.
Most Indian fathers are suffering from mera nalayak beta syndrome. This is rather harmful because for fear of disinheritance sometime men are forced to marry against their wishes and woman too hence they marry a man they don’t want to and then make his life a living hell by the help of gender biased laws. I feel that disinheritance should be prevented because in the end the children didn’t ask to be born. There are some states in USA like Louisana which protect Sons/daughters from complete disinheritance. France laws also prevent disinheritance of sons/daughters from property. My statement is not gender biased. Law is preventing son in law to inherit property of wifes parents then it should also prevent wife inheriting husbands property atleast till he is alive.
Respected Sirs.
Now that it is acknowledged that innocent men can be and have been victimized because of this gender biased laws. I would suggest that those unfortunate men who have been terrorized because of this law should be compensated at least to an extent. Ie if they have lost their jobs then government should give them jobs. Monetary compensation can be obtained for them ( Transferring sizable amount of money from those unscrupulous women who have taken undue advantage of this law can be an alternative ). In protecting mens rights and preventing more innocent men from getting harmed lets not forget these poor victims in a hurry. I think above suggestion of property inheritance ie son/daughters cannot be disinherited is also a good idea
Sir , I am a victim of this legal terror and my inlaws threaten me time and again to use section 498 A against me. They are spoiling my life. This act need to be ammended immediately and the misusers should be seriously dealt with. i am posting the questionnare given by the law commission
As long as Act do not have provision of punishment to girl and her beloved parents for slapping false allegation, the law will continue to be abused. The inclusion of penalty clause itself will be sufficient to deter any girl and her family families for slapping false allegations and saving innocent husbands and the from the clutches of CAW cell, Police, Advocates and Andha Kanoon.
Those who support this legal terror of anti dowry law should realize that when many innocent men get unnecessary arrested by the police, for eg 10 cases coming up to them are fake the 11th case which is genuine harassment to the poor unfortunate woman could not be taken seriously by the police as they are also human beings and are subject to laws of human psychology. Remember the story of the boy who unnecessarily cried wolf wolf to collect the villagers and have fun. One day when a wolf really came he shouted and none of the villagers came to help him. Same logic applicable here. The police could be robbed of an enthusiasm to take action which could be a crucial factor in saving an innocent woman. Womans right activists ke point of view se bhi agar dekho to this law should be amended. Magroor aurat ki vajah se majboor aurat bhi safer kar rahee hai.
Please read the statement as majboor aurat bhi suffer kar rahee hai.
Bring in appropriate amendment: To stop the heavy misuse of Gender Biased laws such as 498A, 304B, Dowry Prohibition Act and related laws.
my wife false FIR angence 498a,323,325 in my and my family date 21.09.2011
In one of the case during the reconcilitaion process, the judge informs to the husband that he has ordered many decisions of “hang till death”. Many have been sentenced to imprisonment. Ladki jo maangati hai de do. aap samajh lena ek saal aapne kutch nahin kamaaya.etc. etc. This all happened in district court. Pertinent points: No dowry not even a single spoon, no mental haraassment to the girl, girl’s conspiracy to rob husband of the property. What you say all such. Extortion, Judicial Terrorism.
Judicial Extortion, Judicial Terrorism and Legal Prostitution
agar koi ladki court mein proof nahi karti 125 crpc and 498a. toh government ko chahiye ki female ko punishment milni chahiye.is se jo female misuse karti hai law ka.usko yeh bhi malum hona chahiye ki punishment milengi.aur government ko alimony bilkul finish kar dena chahiye isse bahut ghar totne se bachenge.
A learned judge of a Delhi District court in a very first interaction with a husband (who has been falsely implicated in a DV case by girl family where even no dowry is envolved) during mediation proceedings has been greeted with an opening remarks “that does he know that how many people he has ordered to be hanged. Pay to the wife whatever his wife is demanding for divorce by considering that he was unemployed for a year or he got after with a delay of one year. Bring copy of salary slips, bank accounts in the next meeting of the mediation proceedings.” What you will call this a:
1. Judicial Terrorism
2. judicial Extortion
3. Judicial Corruption or any other appropriate term.
Dear all
Can some one enlighten me whether any amendment is in the making. If so when and what are the amendments ?
If any1 abroad facing 498a in India avoid going to India. Be patient.
National family harmony society is indeed a great institution. Someone please correct me if I am wrong Senior citiazens act and section 125 of criminal procedure code ensures parent is entitled to maintainence from son. But a financially well to do parent can disinherit their son from their prorpety. Now my question is that dont you think its rather unfair. If law ensures that children should serve parents it should also protect sons/daughters from disinheritance.
parents and sons also are family.
A simple amendment to penalise the complainant and her beloved parents, brothers in case of false allegations should deter complainant to file wrong cases. The complaint should be accepted only on affidavit and oath.
To be forewarned is to be forearmed.
In today’s (6th Feb 2012 ) Times of India First page article couple may get equal rights to property.
“ A high level government panel has suggested that all movable and immovable assets acquired by a married couple or a couple living together be classified as joint property which would be divided equally in event of separation. . The planning commissions working group on womens agency and empowerment wants a comprehence legislation – right to marital property act to be brought.. the panel argued that all assets acquired by couple should be joint property, regardless who brought it. “
This is proposed by the planning commissions working on woman’s agency
Friend while I see the word couple it indicates during a separation if woman has also acquired property then some of it would go to the man but this is my humble opinion that a spouse is not an ATM card and a failed relationship or marriage is not a crime.
plz amendment 498a law, as soon as possible bcoz so many gentle citizen is suffering in this false law. so many victims loss their private, govt. servant jobs even properties. this law should change. its kindly request to over INDIAN GOVERMENT. hence it not be effect on job atleast… Jayram U Panigrahi.
this is my personl opinion and request it should be change law bcoz many people now days suffraing in this problem, its my humble requst to govt of india should be some amendment very soon.