NFHS sends reality fiction “Just Married: Have You Applied For Bail?” to all 25 Judges of AP High Court

March 16, 2013 Fighting Legal Terror 1 comment

17^th March 2011 / Bangalore

To,

Sri T.Sunil Chowdary, Registrar General,

Andhra Pradesh High Court, Near Govt. City College,

Madina, Charminar, HYDERABAD – 500 066

Subject: Heavy misuse of 498A IPC and launch of Reality Fiction Novel “Just Married: Have You Applied for Bail?”

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 16500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

The misuse of 498A IPC and other matrimonial laws is an open secret. Even the Hon’ble Supreme Court of India and various High Courts on more than one occasion has acknowledged the heavy misuse of 498A and has termed it as “Legal Terror”. Our NGO has been creating awareness in the society and requesting government from several years that there is a serious need to urgently overhaul all the matrimonial laws and to make all of them “Gender Neutral”.

We have been trying relentlessly over several years to convince the government that crime has nothing to do with gender and anyone can be perpetrator of crime irrespective of gender.

Things would have been still better but for the insensitivity of the Government to make laws only for young married woman. E.g. if we take the example of Protection of Woman from Domestic Violence Act, it does not provide any protection to sisters and mothers of husband even though they are also woman!!

We have been holding Protest, Dharna, PILs, Press Conferences, Protest march, Petitioning Government etc, but of no avail. Government seems to be in no mood to listen to us and has turned a blind eye towards us.

We have high hopes from Judiciary which over several years have been consistently acknowledging heavy misuse of 498A IPC and other gender biased laws. Our NGO has recently published a reality fiction “Just Married: Have You Applied For Bail?” which is more or less in similarity with the sarcastic remark once made by the vacation bench of Justices Arijit Pasayat and G S Singhvi of Hon’ble Supreme court that “Even at the time of marriage, anticipatory divorce petitions are being filed,”

Our NGO has attached a copy of the book for your kind consideration and reading with high hopes that Judiciary will deal with the misuse cases with iron hand so that innocents are not punished and the well intentioned laws are not misused.

As it is not fair on part of any NGO or citizen to directly approach Hon’ble Judges with any grievances or petition, hence requesting you to kindly circulate a copy of the above book to the below list of Judges through your office. Total 25 copies are attached herewith alongwith this petition.

Hon’ble The Acting Chief Justice N.V.Ramana
Hon’ble Ms. Justice G.Rohini
Hon’ble Sri Justice Ashutosh Mohunta
Hon’ble Sri Justice L.Narasimha Reddy
Hon’ble Sri Justice R.Subhash Reddy
Hon’ble Sri Justice K.C.Bhanu
Hon’ble Sri Justice B.Seshasayana Reddy
Hon’ble Sri Justice G.Chandraiah
Hon’ble Sri Justice Ramesh Ranganathan
Hon’ble Sri Justice G.Bhavani Prasad
Hon’ble Sri Justice Nooty. Ramamohana Rao
Hon’ble Sri Justice C.V.Nagarjuna Reddy
Hon’ble Sri Justice R.Kantha Rao
Hon’ble Sri Justice Vilas V.Afzulpurkar
Hon’ble Sri Justice P.V.Sanjay Kumar
Hon’ble Sri Justice B.Chandra Kumar
Hon’ble Sri Justice Raja. Elango
Hon’ble Sri Sri Justice B.N.Rao Nalla
Hon’ble Sri Justice Samudrala Govinda Rajulu
Hon’ble Sri Justice Noushad Ali
Hon’ble Sri Justice N.R.L.Nageswara Rao
Hon’ble Sri Justice K.G.Shankar
Hon’ble Sri Justice N.Ravi Shankar
Hon’ble Sri Justice C.Praveen Kumar
Hon’ble Sri Justice M.S.Ramachanra Rao

Jai Hind!!

With profound respects,

P Suresh, President, 09880141531

National Family Harmony Society

NFHS petition to Justice Verma committee on suggestions rearding RAPE laws

December 30, 2012 Fighting Legal Terror Leave a comment

30^th Dec 2012

Bangalore

To,

Chairman, Hon’ble Justice J S Verma,
Justice Verma Committee,
New Delhi – 110001

Subject: Regarding suggestions, experience, knowledge and ideas from our NGO “National Family Harmony Society®” NFHS regarding possible amendments to the criminal and other laws of Sexual Assault

Dear Sir,

The National Capital Delhi has been witnessing widespread demonstration, protest by members of public and members of some political parties regarding the recent assault on a young woman.

Our NGO condemn the incident in strongest possible words to start with this petition.

But at the same time I express deep displeasure on the advertisement in leading news papers on 25 December 2012 by your committee. I would like to reproduce the opening lines of the said advertisement.

“The recent incident of rape and brutal assault on a young woman in Delhi has shook the conscience of the nation and has triggered a serious debate among jurists, civil society members and women’s groups about inadequacy of the present laws to protect the safety and dignity of women”

No doubt everyone is concerned about the safety and dignity of woman but why the conscience of the society is not triggered by the same brutal assault on her boy friend who was accompanying her and who was also thrashed black and blue? Why the Nation does not want to change/amend the laws to make the MEN also safe on the roads during night? Why Nation is not debating the pain and agony of an entire family of a poor constable who lost his life due to the reckless and irresponsible protest by unruly mob? Why we are not debating how to compensate a constable who lost his life on duty? Is the life of the boyfriend who was beaten black and blue and the poor constable less important in any way?

We hear in media every other day that elderly couple murdered for gain. Why the conscience of this nation is not triggered on such brutal and gruesome murder on innocent and helpless senior citizens who are at the fag end of their life?

If the law is to be amended then why only to amend the law related to woman? Is the life of MEN less worthy?

It is really unfortunate that in this era we are making laws keeping gender in mind. Let us keep in mind that a life of a MAN is worth the same the life of a WOMAN. But since the mandate of your committee is limited to invite suggestions regarding amendments to Woman related laws hence I limit myself to suggestions regarding the same.

While amending the laws let us not get swayed by emotions and sentiments and rather use our senses because it is very easy to demand to hang a person caught by police but you being a retired judge of the Highest court of this country knows very well the way police works in this country. If the police of our country were fair in investigation and efficient in arresting the right people involved in the crime then there is no need of Judiciary at all.

I would offer following suggestions in this regard.

Gender Equality: Let us draw our experience of other section of the IPC which has been dealing with crime against woman. The classic section which comes to one’s mind is 498A IPC which deals with cruelty to wife by husband and his relatives. Similarly Protection of Woman from Domestic Violence Act enacted by parliament to protect woman. Since these laws were made keeping in mind to protect woman with no protection to man hence these laws have been seriously abused and misused. Even as per the own admission of Supreme Court which has termed 498A IPC as Legal Terror. Recently I came across a news article in a newspaper and I have reproduced the news below.

http://www.indiatribune.com/index.php?option=com_content&view=article&id=8737:man-raped-by-a-gang-of-girls-claims-perpetrators-shot-mms&catid=125:general-news&Itemid=400

Man ‘raped’ by a gang of girls, claims perpetrators shot MMS

Dehradun (Uttara-khand): Women it seems have turned the table on men, yet again. A man from Dehradun has alleged that a gang of girls abducted, forcefully had sex with him and filmed the act. He also claims he was threatened with dire consequences if the went to the police.

As per the FIR lodged at Kotwali police station a man was abducted from near the Hindu National College by a group of women, raped and an MMS was filmed of the act.

The complainant claimed that on April 9 afternoon a few women approached him asking for directions. One of them sprayed “something” on his face that made him unconscious. He was then taken to a building and sexually molested by the women. He claims a video was also shot while he was being ravaged.

He was later dumped near bus stand with a warning that he would be killed if he informed the police. Cops are getting him examined by a medical professional and investigating the matter.

Law does not provide the perpetrators of the above crime to be booked under 375/376 of IPC as it is not Gender Neutral. It is an accepted practice worldwide that Criminal Laws should not be made keeping a particular gender in mind because a crime is a crime and should not be differentiated based on gender. Our common sense says that a man murdered by woman deserves the same punishment what a man will get for killing a woman.

I would like to invite your kind attention to the “ONE HUNDRED AND SEVENTY SECOND REPORT” ON “REVIEW OF RAPE LAWS MARCH, 2000″ D.O.No.6(3)(36)/2000_LC(LS) dated March 25, 2000. Section 3.1 of the said reprt recommends following changes to the IPC.

3.1. Substitution of definition of `rape’ by definition of `sexual assault’. Not only women but young boys, are being increasingly subjected to forced sexual assaults. Forced sexual assault causes no less trauma and psychological damage to a boy than to a girl subjected to such offence. Boys and girls both are being subjected to oral sexual intercourse too. According to some social activists like Ms Sheela Barse, both young girls and boys are being regularly used for all kinds of sexual acts and sexual perversions in certain tourist centres like Goa – mainly for edification of the foreign tourists. Sakshi have also recommended for widening the scope of the offence in section 375 and to make it gender neutral. Some of the Western countries have already done this. It is also necessary to include under this new definition (sexual assault) not only penile penetration but also penetration by any other part of the body (like finger or toe) or by any other object.

Explanation to section 375 has also been substituted by us to say that penetration to any extent whatsoever shall be deemed to be penetration for the purpose of this section. This is so provided for the reason that in the case of children, penetration is rarely complete – for physical reasons. So far as the Exception is concerned, we have retained the existing Exception the only change made being in the matter of age; we have raised the age of the `wife’ from fifteen to sixteen. The age of the person assaulted sexually referred to in the clause “sixthly” has also been raised to sixteen from fifteen.

Hence I would strongly suggest to make the IPC 376 Gender Neutral.

Misuse for punishment: There have been recent voices about making death punishment for those committing RAPE. Well there is absolutely no problem in it that the punishment for IPC 375/376 can be enhanced to death punishment but the same must be extended to those who misuse the law and implicate innocent with ulterior motives. It is a matter of common knowledge that criminal laws can be very easily misused. Even 498A IPC which was made with very good intention to protect wife has been seriously misused and abused to such an extent that at several occasion Supreme Court has voiced its concern and even asked Government to consider amendments to it. We are concerned that while amending any laws we must keep the misuse clause in it so that it will deter those who want to misuse it and only genuine victims are able to file complaint. It has also come across recently that a large number of rape cases are being filed by women who were living in live-in relations and once the relation soured then they filed case under Domestic Violence Act and Rape case which is nothing but abuse/misuse of the law.

I would draw your attention to the below news article

http://www.dnaindia.com/india/report_rape-case-against-rahul-gandhi-quashed_1753768

“The allegation is without substance and without an iota of evidence,” a bench of justices BS Chauhan and Swatanter Kumar said on the allegation levelled against Gandhi of rape of a girl in Uttar Pradesh and illegally detaining her along with her parents.

“The reputation of respondent no 6 (Rahul Gandhi) has been damaged by the undesirable act of the petitioner (Samrite),” the bench said.

The apex court further said the petition was “misconceived” and that Samrite abused the process of law on the basis of incorrect statement.

While influential persons like Rahul Gandhi can approach the highest court of this country and get the false case quashed but the common citizen has to wait for several years before false charges against him are proved false by the court of law.

Hence we strongly recommend that severe punishment clause must be added if anyone found guilty of misusing this provision to implicate innocents.

Fast track Court: On case of both 498A as well as 375/376 IPC it has bee observed that it takes many years for the trial to conclude. Hence we suggest that all such case should be conducted only in the session court so as to speed up the case.

In view of the above discussion we suggest following:

We would strongly suggest to make the IPC 375/376 Gender Neutral.

Hence we strongly recommend that severe punishment clause must be added if anyone found guilty of misusing this provision to implicate innocents.

Hence we suggest that all such case including 498A, 375 and 376 should be conducted only in the session court so as to speed up the case.

P Suresh, President,

9880141531

National Family Harmony Society

Categories: Judges

NFHS strongly condemns WCD proposal re salary to housewife…Petition sent to PM…

September 27, 2012 Fighting Legal Terror 1 comment

To, 29^th September 2012 / Bangalore

Honorable Prime Minister of India,

Prime Minister’s Office, Room No: 148 B,

South Block, New Delhi – 110001

Subject: Regarding unscientific proposal by Women and Child Welfare Ministry regarding salary to housewives for household work.

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 16000 members all over India. To know more about us please visit www.family-harmony.org / www.498a.org.in / https://498amisuse.wordpress.com

The entire nation has been watching in horror, dismay and shock the recent proposal from the Ministry of Women and Child Development that it will be mandatory for husbands to pay salary for housewives for household work. Such bizarre thoughts and horrible proposal from WCD is a result of viewing women from a prism, which cannot see anything but only wives. We are particularly using the word wives as the said ministry has lost sight of other women like mother and sisters.

By making such a proposal wherein the said ministry has proposed salary for doing household work to wife, they have degraded the value of Indian wife. Only a servant is paid for doing household work. In this country where a woman is worshiped as goddess, the said ministry has degraded the values of a woman from goddess to servant. It is really pity on them that they are actually comparing a wife to servant and asking husbands to pay for it. Has our Indian woman’s value degraded so much that they need salary for performing the duties and responsibilities towards their family? Can we imagine what could have happened, if our mother had asked salary from our father? This thought is so bizarre even to think off.

Has the said ministry understood the family system of our great nation? Probably not!! Because as the name of the ministry suggest that it is only ministry of women and child welfare!! They have nothing to do with family or family welfare. The said ministry cannot see anything beyond woman (Read wife as they have nothing to offer for the benefit and welfare of mothers and sisters) and in the process by making such laws and proposals in the name of woman welfare, actually they are destroying the age old tested and proven family system of India.

It is an open secret that current woman welfare laws designed by the said ministry e.g. 498A IPC, Domestic violence Act, Hindi Marriage Act etc has accelerated the process of family disintegration. These existing laws which are gender biased, in favor of woman, has been the single most factor for conflicts and breaking of families. Concerned and alarmed over the rapid pace of the disintegration of families and the courts being flooded with divorce petitions, a vacation Bench of Supreme Court, Justices Arijit Pasayat and G S Singhvi observed that “The Hindu Marriages Act has broken more homes than uniting,” “Even at the time of marriages, anticipatory divorce petitions are being filed,” the Bench remarked sarcastically.

The misuse of the gender biased laws such as 498A IPC, Domestic violence Act is an open secret. It has become a fashion to drag the entire innocent family to court and police station just on a false complaint of Dowry harassment. Simply because these Gender biased laws were designed in an un-scientific manner without gauging the ground realities. No wonder that these gender biased laws have become the primary reason for the breaking of families.

Off course WCD will wash their hands citing that their mandate is for the benefit of woman and they have nothing to do with welfare of family or protection of family.

Paying salary to wife for house hold work is not heard off even in well developed western countries. By making such anti family laws our great nation should not become a laughing stock in others eye. On a lighter note it can be imagined that Indian embassies in abroad are working overnight to clear VISA applications of women as they can enter India, get married and get paid after marriage.

If we think of our age old family system then we realize that in the olden days we had concept of joint family then over the period of time due to the unscientific and old fashioned gender biased laws the joint families disintegrated and we were left with nuclear family. Now due to such anti family laws which are made in the name of woman empowerment, daughter in laws are not allowing parents in law in the house and in the name of family we are left with husband, wife and children. Now due to these laws, even this structure of family is crumbling. If we think of the age old joint family system, each and every member had duty and responsibility and they performed their duties without any thought of getting paid. If this bizarre proposal of the WCD is accepted then the days is not far off when fathers will start claiming salary from son in old age, mother will start claiming salary from her children, and sisters will ask salary from brothers. Since family is the basic unit of the society hence eventually due to the said proposal first families and consequently society will collapse.

Western nations and other developed nation look upon our great nation as we have a strong family set up. A setup which is based on love and affection and it is due to this strong family setup that our society is strong and solid. Let us not create fixtures and rift in family by such proposals.

In the context of above paragraph, even the thought of payment to wife is highly deplorable because you being Ex governor of reserve bank of India and Ex Finance minister of this country knows very well that payment, loss, profit, revenues etc are the terms used in corporate, business and companies not in the context of family. Let not degrade our family system by comparing it to business. Family is a setup where each and every member has his duty and responsibility and they do it for family not for payment.

Family is a setup where each and every member is safe and secure. Let us not break our age old tested system of FAMILY by talking about such unscientific, unhealthy and absurd laws. In families each and every member has his role, duties and responsibilities clearly defined. Let us not create friction within the family by such proposals.

As has been already discussed that the view taken by WCD is very narrow minded and not keeping in with the changed situation and circumstances of the society. Is WCD going to enact different laws for families in which husband is unable to work due to medical reasons and wife is the bread earner of the family? One more common scenario nowadays is both husband and wife going for job and earning livelihood for running family. In these kind of scenarios who will pay whom? Now there are also situations where husband is sharing household work, now he will no more be obligated to share the household responsibilities as he would in fact become a customer by paying for domestic chores and wife will be a service provider getting paid for her “services”. This can disturb the harmonious gender relationships in Indian families and even society at large. This proposal ensures that women get money for work. So what will happen to those women who are unable to work due to medical reasons or old age or otherwise?

Now since WCD is hell bent on changing the definition of wife from homemaker to a servant, wife will also be adamant that she will also only match the working hour of husband i.e. 9 am to 6 pm per day and for the remaining hours of work she will demand a maid servant. She may claim overtime if asked to work beyond working hours!! Now since WCD is talking of salary hence wife will demand holiday on Saturday and Sundays. She may also demand rest on national holidays? Does WCD have answer for all these questions? Marriage will be commercialized soon if the wish list of the WCD is implemented. This will further lead to total anarchy and chaos in the society and erosion of our culture. Even the husband will think why to marry and pay the wife for household work. Employing a maid servant would be same as marrying except physical relations. As of now WCD is demanding salary to wife for household work thus relegating her status to a servant. It is unimaginable even to think of a situation if WCD starts demanding money for wife for physical relations. It is even unthinkable even to think what will be status of such wives? Though harsh but the way WCD is fastening the breakup of family probably that day is not very far away.

This proposal will increase gender discrimination by leaps and bounds. In this era of 21^st century, when most of the woman is educated, the proposal of WCD that women are only fit for household work is unthinkable to say the least. Over the many decades society has undergone wide positive changes. This proposal will push back the society by few decades.

Over the decades Government of India and state governments have been working towards achieving gender equality They are trying to reduce the discrimination between male and female citizens in various spheres. But, now we are having such a situation where WCD itself is pushing the status of women to servant and that of husband to master. Let WCD realize that the relation of husband and wife is based on love, trust and affection rather that employer and employee OR master and slave.

This proposal from WCD has got wide media coverage. Every national and regional newspaper has covered this news article. A small school going child in my neighborhood also read this in newspaper and she asked me “Uncle, does it mean that women are meant to be servant and doing house work only. If that is so then why we have to study?” She further asked me “Actually I also help my mother in house hold work. Can I also ask salary from my parent?” This indicates that the mindset with which children will be brought up. Female students will think that they are meant to become servant/employee and male student will think that they have to pay wife for every service and they are masters/employer. Let it be house hold work or physical relations or any such thing husband and wife will always think of master and servant relations. This kind of mind set is going to impart complex in the mind of innocent children and instead of getting good education and becoming good and responsible citizens of this country female students will think how much my husband will pay me. I should only select a rich husband to get better pay? and male students will think how much they have to pay to wife? This will lead to further discrimination and inferiority complex in children.

It took many years for the society to churn out in positive direction. This is an era when women are working in multi nationals companies and leading in many spheres of life. This proposal of WCD will reduce marriages as both MEN and WOMEN will think why marriage is required if one partner is to live the life of a servant and other partner has to pay to a wife/servant? The very institution of the marriage has come under attack and threat by this proposal.

If we have any ambition of becoming a great developed nation then we should have laws which are forward looking and progressive in nature. Unfortunately still we are having laws which were made by British for their benefits. Instead of fine tuning the existing laws to make them gender neutral, progressive, WCD is making one after another proposals which will only create further fixtures and conflicts in the family and society.

D E M A N D OF N F H S

Let WCD understand that a family set up will collapse by such absurd proposals and it will lead to further discrimination in the society between both genders. Let us make laws so that both genders stay in harmony rather than in conflicts. Let us make laws for the benefit of FAMILY so that everyone member in the FAMILY can reap the benefit of laws. NFHS demands immediate rollback of this proposal in the interest of WOMEN, MEN and FAMILY.

Thanking you Sir

P Suresh, President, 9880141531,

National Family Harmony Society

Categories: Prime Minister

Regarding Corruption in Judiciary

August 14, 2012 Fighting Legal Terror 1 comment

NHFS/140811/1 14^rd August 2010 / Bangalore

To,

Honorable Prime Minister of India, Prime Minister’s Office,

Room No: 148 B,

South Block, New Delhi – 110001

Subject: Regarding Corruption in Judiciary

About National Family Harmony Society®: “National Family Harmony Society®” NFHSis 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 16500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

I would like to draw your kind attention to the recent comments of the Hon’ble Chief Minister of State of West Bengal, Madam Mamta Banerjee.

Reference: http://ibnlive.in.com/news/some-times-court-verdicts-are-purchased-mamata/282322-37-64.html

“At times favourable verdicts are given in return for money. These days, judgments are purchased. There is corruption among a section of the judiciary. I know there can be a defamation suit against me for saying this. But this must be said and I am ready to go to jail for saying so,” she said in the West Bengal Assembly.

Judiciary has to be clean and corruption free because that is the only institution citizens has still some faith still left. There is no effective mechanism/body/institution to deal with corruption in Judiciary. Currently even though it a matter of common knowledge that corruption does exist in judiciary but it is not spoken openly just because people fear the contempt of court for criticizing judiciary.

Expecting the judiciary to correct its own shortcomings may be as hopeless as expecting the Indian Administrative Services to provide for the punishment of their own or expecting the politicians to clean up their own act. There must be a third party watchdog to “keep a watch“, scrutinize and “to take action” in case of allegations of misconduct and corruption. Judges are one among us and part of the society. There could be temptations to succumb to corruption and still not being caught.

The recent shameful “Cash for Bail” scam involving judge T Pattabhirama Rao is fresh in minds of citizens of this country. Though privately it is an open secret that “Cash for Bail” is a flourishing business in this country but no one has guts to speak on this due to the power of the Judiciary who are enjoying the shield of “Contempt of Court”.

The Supreme Court’s observations on the rot in the Allahabad High Court are disturbing. A Bench consisting of Justice Markandey Katju and Justice Gyan Sudha Misra said on November 26, 2010 that most judges of this High Court [Allahabad] are corrupt and collude with advocates. Sadly, many High Court judges are facing charges of corruption. The charge that many former Chief Justices of India were corrupt has given a new twist to judicial corruption.

There is also the Rs 23-crore Ghaziabad PF scam in which a Supreme Court judge (since retired), seven Allahabad High Court judges, 12 judges of the subordinate courts and six retired High Court judges are allegedly involved. The key accused, Ashutosh Asthana, died in jail mysteriously in October, 2009. He had provided vital documents to the CBI that established connivance of these judges.

Justice Sumitra Sen, Justice Nirmal Yadav, UP PF Scan involving Judges, Justice Katju’s remarks about Allahabad HC Judges and Justice Dinakaran are few example/incidents which would have never got exposed in 60’s, 70’s, 80’s or 90’s but have been exposed due to vigilant Media. These incidents had eroded the faith of the common man in Judiciary. The point is if a Judge is corrupt then why not to act swiftly against him/her before further damage is done.

Corrupt judges in the higher judiciary can be removed only by impeachment. However, this method is cumbersome. The problem is not just a question of devising proposals for removal. The Judges (Inquiry) Act, 1968, prefaces impeachment by judicial inquiry. In Supreme Court Judge Justice V. Ramaswamy’s case, the inquiry indicted him but the impeachment motion fell through in Parliament in 1992.

Justice Katju and Justice Misra also referred to the syndrome of “uncle judges”. The Union Law Ministry admits that this menace has spread to many High Courts, including those in Chandigarh, Shimla and Jaipur. In its 230th Report (2009), the Law Commission has recommended that in order to eliminate the practice of “uncle judges”, the judges, whose kith and kin are practicing in a High Court, should not be posted in the same High Court. Union Law Minister should work on a proposal to check this menace.

Corruption in Judiciary is very serious issue because impeachment mechanism to remove Judges in case of misconduct/corruption has failed miserably and is not effective. Hence we need a Lokpal/“Independent Constitutional Institution” who will not need sanction from President/Government to proceed against a Judge facing corruption allegations or misconduct allegations. We need a Lokpal/“Independent Constitutional Institution” who can investigate and if he finds prima facie evidence of corruption/misconduct against Judge then he can prosecute either through its police/CBI/own prosecution wing.

We need your pro-active intervention and pro active decision to see the misery of the common public who are facing litigations and are victims of such misconduct and corruption but are unable to speak a word due to the power of “Contempt of court”. The time has come wherein Judiciary should be transparent, should be open to fair amount of criticism, and should be open to investigation in case of alleged corruption.

Judges appointing Judges & Judges Investigation Judges & Judges promoting Judges will only result in Judges protecting Judges!!!

In view of the above said discussion we demand following

Bring Judiciary (Both higher and lower) in the ambit of Lokpal/“Independent Constitutional Institution”
Pass the Judicial accountability Bill as soon as possible.
Whistle-blower should be protected from suppressive Contempt proceedings
Suo moto power to Lokpal/“Independent Constitutional Institution” to investigate against any Judge including HC/SC of charges of corruption/misconduct.
Lokpal/“Independent Constitutional Institution” should not require sanction from Government before proceeding against a Judge.
Prosecute Judge if prima facie evidence is found and to suspend him/her immediately.
The government should fast-track all cases of moral turpitude, corruption and nepotism.
The process of impeachment of a judge should be speeded up with a time limit for obtaining the President’s sanction and impeaching him/her.
There is a need to change the method of selection of judges. The current collegium system of appointment of judges has failed to attract persons of impeccable integrity to Judiciary.
The country deserves a more credible, transparent and broad-based institutional mechanism for selecting judges.
As the UK Supreme Court had done early this year, our apex court, too, should advertise vacancies in the Supreme Court and High Courts in the newspapers.
Judicial orders/Judgments’ should be subject to the review by an independent body if it is felt that the order was passed by corrupt means.

We submit that our suggestions are just and reasonable and in the event of non implementation of our suggestions, we would be constrained to go to the streets with Dharnas, Public Fasting and resort to other democratic means of protests. Please save our great Nation.

Kindly send a copy of this petition for immediate action to Law Ministry and Hon’ble Chief Justice of India.

Jai Hind!! With profound respects,

P Suresh, President, M Mahesh, General Secretary,

9880141531 9731569970

Categories: Prime Minister

Petition praying for amendments to the PWDVA(Domestic Violence Act) in Rajya Sabha

January 31, 2012 Fighting Legal Terror 4 comments

Categories: Parliament

Regarding Hundred and Fortieth Report on the Committee on Petitions of Rajya Sabha under the Chairmanship of Shri Bhagat Singh Koshyari, M.P.

September 14, 2011 Fighting Legal Terror 1 comment

8^th July 2010/Bangalore

To,

Honorable Chairman of the Rajya Sabha,

Office of Chairman, Rajya Sabha, Parliament House,New Delhi-110001

Subject: Regarding Hundred and Fortieth Report on the Committee on Petitions of Rajya Sabha under the Chairmanship of Shri Bhagat Singh Koshyari, M.P.

The Committee on Petitions of Rajya Sabha under the Chairmanship of Shri Bhagat Singh Koshyari, M.P. presented its Hundred and Fortieth Report to the Rajya Sabha on 7th September, 2011 on the petition praying for amendments in Section 498A of Indian Penal Code, 1860. The Petition was submitted by Dr. Anupama Singh, a resident of New Delhi.

The committee has given some recommendations to Rajya Sabha regarding 498A IPC. Before discussing merits or demerits or expressing our opinion on them, we would like to present different perspective of this issue because the committee has deliberated and recommended some ways and methods to “Stop the misuse of 498A IPC”.

There may not be difference of opinion in this country if the subject matter to be discussed is “protection of women”. No doubt, 498A IPC was framed to prevent cruelty on women and act as a deterrent against cruelty on women. If that is the case then the petition is submitted by Dr Anupama Singh who herself is women. The fact that the law has failed and has not solved its purpose and has been seriously misused and abused by greedy women to settle score with husband and his family members is not in dispute.

The problem is the committee has given a very technical and legal opinion to an issue which is entirely social and matrimonial in nature and has limited its scope of discussion. E.g.

In the para 13.8 of the report the committee acknowledges that measures are required to “check on false complaints”. The committee recommends that “The Committee feels that the Government should consider providing legal remedies for preventing filing of false complaints or complaints with ulterior motive to harass the husband and his relatives under Section 498A. The Committee recommends that Section 498A be amended so as to provide for specific penalty in case the complaint is found to be false or with some other ulterior motive.”

So when the misuse and abuse of the law is very clear and it is acknowledged that husbands and their family members are also victims of violence, cruelty and false cases then the scope of the discussion should not be limited to “Stop the abuse the 498A IPC”. The larger issue is “Abuse and misuse of Gender biased laws” and “Protection to husband and his family members”.

There are many laws and Acts to deal with matrimonial disputes and most of them are NOT “Gender Neutral”. Some of them are 498A IPC, Protection of women from domestic violence Act, 125 of CrPC, Hindu marriage Act, Hindu adoption and succession Act, Guardian and wards Act etc. All these Acts and IPC/CrPC section deals with “Protection to women”, “Alimony and maintenance to women”, “Divorce and child custody” etc. It is well known that all these laws are being heavily misused by greedy women to settle score and to harass the husbands and his family members.

The argument of women faces e.g. that of Ex-WCD minister Smt Renuka Chowdry that “women has been suffering from ages and now it is the turn of MEN to suffer” (In one of her TV interviews) OR that “Abuse and misuse is in small number so it is ok” OR to say that “Any law for that matter is being misused” has only aggravated the issue.

Unless the government looks at the this grave issue in its entirety and makes serious attempt to solve it by simplifying the laws rather than duplicating the laws this issue will never be solved. We think now the time has come so that Government should look at the larger issue wrt the matrimonial disputes. In view of the above discussion we strongly oppose the report which is nothing but half hearted attempt by Government which is not going to solve the issue. Hence we demand following.

Misuse and abuse of Laws: Heavy punishment by the way of imprisonment should be introduced in case of misuse of any matrimonial laws.
Make matrimonial disputes “Gender biased”. Government is completely ignoring the pain, harassment and torture of husband and his family’s members which they suffer at the hands of greedy women. Thousands of husbands have got divorce from wife on the ground of cruelty. This proves that women also can be cruel. Hence matrimonial laws should be made “Gender neutral” to provide protection to husbands and his family members.
Duplication of Laws: Just to deal with the maintenance for wife there are 6 different laws. This is due to the mindset of our law makers to make a new law if there is complaint regarding old law. When Hindu marriage act was already there to deal with the maintenance of the wife then there was no need to bring CrPC 125, or Domestic violence act or HAMA.
The definition of women is “Newly married young women”: Even though it is matter of common knowledge that daughter-in-law’s treat their mother-in-law with cruelty even then “Matrimonial laws” are only meant for “Newly married young women”. This must be amended to given protection to all without any consideration of gender or age.
Protection to Husband and his families: Currently Husband and his family members do not have any protection from the cruelty of daughter-in-law. Laws should be made gender-neutral for their protection.
Child custody issues: Government should bring in amendment for “Shared Parenting”.
Never ending litigations: The litigations are so lengthy that by the time a father files for child custody and by the time matter is decided by Supreme Court, the child is ready to have his own child. And similarly once a divorce is filed by spouse, and by the time Supreme Court decides it couple are at the verge of retirement. The litigation in case of matrimonial disputes should be finished in a time bound manner of 1 year.
Simplification of Divorce laws: What the relatives and the social circle cannot achieve is sought to be achieved that too by an over burdened presiding officer. Divorces are denied in a routine manner even when criminal cases are pending. Law should be modified keeping in mind the changed social structure.
Try all matrimonial disputes under civil law: Involvement of police breaks any possibility of re-union between the couple.

Attempt by Government to do some temporary, ad-hoc and stop-gap arrangement by fixing some loop holes in the 498A IPC is neither going to stop the misuse of “Gender biased” laws nor it is going to provide any “protection to husband and his family members” from potential misuse and abuse of law. Government instead of taking ad-hoc and temporary steps should constitute a committee for overhaul of overall matrimonial laws rather than approaching the issue piecemeal basis which will aggravate the issue rather than solving it.

P Suresh, President

9880141531

Categories: Parliament

NFHS MEMO to PM, President, Law Minister/Commission, Lok/Rajya Sabha Speakers, NAC regarding “inclusion of Judiciary in the proposed Lokpal and other Judicial reforms”

August 27, 2011 Fighting Legal Terror 1 comment

28^th Aug 2011/ Bangalore

To,

Honorable Prime Minister of India, Prime Minister’s Office,

Room No: 148 B,

South Block, New Delhi – 110001

Subject: Regarding inclusion of Judiciary in the proposed Lokpal and other Judicial reforms

Dear Sir,

The entire nation has been watching the recent dramatic events unfolding all over the Country regarding the Lokpal bill, wherein the Government has agreed to bring a Lokpal bill to the parliament for discussion and approval. Within no time of simultaneous protests across the nation, Government has acted swiftly to bring the BILL to the parliament.

Sadly this has happened because the Government has been reactive than pro-active. I would like to bring to your kind attention some important issues wrt the Lokpal BILL. That is the inclusion of Judiciary (both higher and lower) in the ambit of the proposed Lokpal.

The Supreme Court’s observations on the rot in the Allahabad High Court are disturbing. A Bench consisting of Justice Markandey Katju and Justice Gyan Sudha Misra said on November 26, 2010 that most judges of this High Court [Allahabad] are corrupt and collude with advocates. Sadly, many High Court judges are facing charges of corruption. The charge that many former Chief Justices of India were corrupt has given a new twist to judicial corruption.

There is also the Rs 23-crore Ghaziabad PF scam in which a Supreme Court judge (since retired), seven Allahabad High Court judges, 12 judges of the subordinate courts and six retired High Court judges are allegedly involved. The key accused, Ashutosh Asthana, died in jail mysteriously in October, 2009. He had provided vital documents to the CBI that established connivance of these judges.

Justice Sumitra Sen, Justice Nirmal Yadav, UP PF Scan involving Judges, Justice Katju’s remarks about Allahabad HC Judges and Justice Dinakaran are few example/incidents which would have never got exposed in 60’s, 70’s, 80’s or 90’s but have been exposed due to vigilant Media. These incidents had eroded the faith of the common man in Judiciary. The point is if a Judge is corrupt then why not to act swiftly against him/her before further damage is done.

Corruption in Judiciary is very serious issue because impeachment mechanism to remove Judges in case of misconduct/corruption has failed miserably and is not effective. Hence we need a Lokpal who will not need sanction from President/Government to proceed against a Judge facing corruption allegations or misconduct allegations. We need a Lokpal who can investigate and if he finds prima facie evidence of corruption/misconduct against Judge then he can prosecute either through its police/CBI/own prosecution wing.

Judges appointing Judges & Judges Investigation Judges & Judges promoting Judges will only result in Judges protecting Judges!!!

In view of the above said discussion we demand following

Bring Judiciary (Both higher and lower) in the ambit of proposed Lokpal
Suo moto power to Lokpal to investigate against any Judge including HC/SC of charges of corruption/misconduct.
Lokpal should not require sanction from Government before proceeding against a Judge.
Prosecute Judge if prima facie evidence is found and to suspend him/her immediately.
The government should fast-track all cases of moral turpitude, corruption and nepotism.
The process of impeachment of a judge should be speeded up with a time limit for obtaining the President’s sanction and impeaching him/her.
There is a need to change the method of selection of judges. The current collegium system of appointment of judges has failed to attract persons of impeccable integrity to Judiciary.
The country deserves a more credible, transparent and broad-based institutional mechanism for selecting judges.
As the UK Supreme Court had done early this year, our apex court, too, should advertise vacancies in the Supreme Court and High Courts in the newspapers.
Judicial orders/Judgments’ should be subject to the review by an independent body if it is felt that the order was passed by corrupt means.

Jai Hind!! With profound respects,

P Suresh, President, M Mahesh, General Secretary,

9880141531 9731569970

Categories: Prime Minister

NFHS MEMO to President Regarding misrepresentation of facts by Minister for WCD on “Protection of women from domestic violence act”

August 19, 2011 Fighting Legal Terror 1 comment

19^th Aug 2011/ Bangalore

To,

Honorable President of India,

President’s Office,

Rashtrapati Bhavan, New Delhi – 110011

Subject: Regarding misrepresentation of facts by Minister for WCD on “Protection of women from domestic violence act”

Dear Madam,

We want to register our strong protest against the gross mis-representation of data by Union women and child development minister Krishna Tirath in the Lok Sabha on 19^th August2011. Kindly refer to the below news article.

http://www.deccanherald.com/content/184815/40-percent-married-women-face.html

As per this news, the minister has informed the Lok Sabha that a total of 5,788 cases were registered under the Protection of Women from Domestic Violence Act in 2007, 5,643 cases in 2008 and 7,802 in 2009. And she goes on to conclude that only women are victim of Domestic Violence and that 40% of married women suffer domestic violence.

The factual position lakhs of Husbands are victim of Domestic violence and cruelty from their wives. If we look at the data of family courts in different part of country then, lakhs of husbands all over India have got divorce from their wife under section 13(ia) i.e. divorce on the ground of cruelty. That is a clear indication that husbands are also victim of cruelty and domestic violence at the hands of their wives. The irony is that under the Protection of Women from Domestic Violence Act, only WOMEN can file complaint and there is no provision for MEN to file complaint under the said Act against their wife.

Under such circumstances the answer given by the Minister to the Lok Sabha is totally misleading, distortion and misrepresentation of facts. First of all Government has made no attempt to collect any kind of data regarding violence from WOMEN to MEN. The Protection of Women from Domestic Violence Act has been enacted by the parliament assuming that only WOMEN can be victims of Domestic Violence which is totally misconceived.

When only WOMEN can file a complaint under the said Act and there is no provision for MEN to file a complaint then how the minister can come to the conclusion and project that 40% of the married WOMEN are suffering as if all husbands are happy and enjoying their life and harassing their wife? We are dejected by the insensitive, distorted and misrepresented statements by the said ministry.

Since the said ministry has relied on the NCRB data hence I would like to take this opportunity to bring out some factual position for your kind consideration. As per suicide data released by NCRB for the year 2009, 81471 MEN have committed suicide and for the same year 45680 WOMEN have committed suicide. i.e. every 6.45 minute a MEN is committing suicide whereas every 11.5 minute a WOMEN is committing suicide. So even as per NCRB data it is clear that it is MEN who needs protection than WOMEN.

In view of the above said discussion we demand following

Kindly instruct the said ministry to take initiative to collect data regarding violence from WOMEN to MEN.
Kindly instruct the said ministry to start process to amend the Protection of Women from Domestic Violence Act in such a way that MEN can also lodge complaint against WOMEN in case of Domestic violence.

Jai Hind!! With profound respects,

P Suresh, President, M Mahesh, General Secretary,

9880141531 9731569970

Categories: President

NFHS MEMO to PM Regarding misrepresentation of facts by Minister for WCD on “Protection of women from domestic violence act”

August 19, 2011 Fighting Legal Terror 1 comment

19^th Aug 2011/ Bangalore

To,

Honorable Prime Minister of India, Prime Minister’s Office,

Room No: 148 B,

South Block, New Delhi – 110001

Subject: Regarding misrepresentation of facts by Minister for WCD on “Protection of women from domestic violence act”

Dear Sir,

http://www.deccanherald.com/content/184815/40-percent-married-women-face.html

In view of the above said discussion we demand following

Kindly instruct the said ministry to take initiative to collect data regarding violence from WOMEN to MEN.
Kindly instruct the said ministry to start process to amend the Protection of Women from Domestic Violence Act in such a way that MEN can also lodge complaint against WOMEN in case of Domestic violence.

Jai Hind!! With profound respects,

P Suresh, President, M Mahesh, General Secretary,

9880141531 9731569970

Categories: Prime Minister

Email protest to WCD minister regarding the proposed amendments to the DP Act

August 9, 2011 Fighting Legal Terror 1 comment

Kindly send email to krishnatirath@yahoo.in, fa.wcd@nic.in, jscw.wcd@nic.in, sadhana.rout@nic.in, ea.wcd@nic.in, preetim@nic.in, vivek.joshi@nic.in, sa.wcd@nic.in

Dear Madam

We have seen the below news article regarding the proposed amendments to the DP Act.

http://498amisuse.wordpress.com/2011/08/05/proposal-to-amend-the-dowry-prohibition-act-1961-ministry-of-women-and-child-development-05-august-2011/

Whearas you had been quoted as saying “No complaints/ representations alleging misuse of Dowry Prohibition Act, 1961 have been received.”

This is not true. The correct position is thousands of husbands have committed suicide due to the heavy misuse of the above said Act. Our research shows that in almost 99.99 % of the FIR lodged in police station under section 498A , DP Act is also included.

So to say that DP Act is not misused but only 498A is misused is nothing but distortion and misrepresentation of the facts. Thousads of husband and their families have been petitioning the Government from many years to bring in changes to the section 498A and DP Act to prevent its heavy misuse.

It is also surprising to note that your ministry have initiated process to amend DP Act to prevent its misuse, whearas you say that it is not misused but on the other hand there is no proposal from your ministry to amend 498A which is heavily misused.

I request your ministry to check thousands of protest letters sent from various part of the country from several years regarding heavy misuse of DPAct and 498A. As per NCRB data every 7.2 minute one MEN is commiting suicide. Please initiate some concrete action to prevent misuse of the 498A, DV Act and DPAct before few more thousand husband commit suicide.

I would also bring to your kind attention and notice that “women empowerment” cannot be initiated at the cost of “MEN harassment”. As our Hon’ble president said once that both Gender should remain in peace and harmony rather than “Gender war”.

Kindly hear the pain, harassment of thousands of families who have been put in Jail simply on false allegation of daughterin-law.

Regards

Suresh P, 9880141531
President, National Family Harmony Society

NGO Website :http://498a.org.in/
NGO Website :http://family-harmony.org/

Categories: WCD

NFHS MEMO to WCD/PM/Law Ministry/President/CJI/NAC/Law Commission – Regarding proposed amendment to “Protection of women from domestic violence act”

August 5, 2011 Fighting Legal Terror 5 comments

7^th Aug 2011/ Bangalore

To,

Hon’ble Minister of Women and Child development

Ministry of Women & Child Development, Shastri Bhavan, New Delhi – 110001

Subject: Regarding proposed amendment to “Protection of women from domestic violence act”

Dear Madam,

Recent media reports suggest that your ministry is planning amendments to the “Protection of women from domestic violence act” hereafter referred to as “Act”, which was passed by the parliament in 2005 with good intention to provide protection to women in domestic relationship.

http://www.telegraphindia.com/1110803/jsp/opinion/story_14326787.jsp

We would like to bring to your kind attention and notice that none other “Act” has gained so much notoriety as this “Act” in a short span of 6 years. The said Act is being heavily misused and abused by unscrupulous and greedy women with an intention to settle score with the estranged husband and his family. Protection and empowerment of women cannot be achieved by harassing husband and his family members. A study conducted by our NGO shows that the said “Act” is being heavily misused by estranged wives by leveling baseless, frivolous, vexatious and scandalous, allegations against husband in case of any matrimonial disputes just with an intention to get monetary benefits.

We believe that certain misandric elements, in the name of pseudo-empowerment of women are all out to destroy the Indian Family System and values with the active connivance of vested interests that are harboring a diabolic design and agenda to destroy our traditional institution of family. These elements are running berserk clamoring for more draconian enactments that are detrimental to the system of marriage and family in addition to the existing laws which are totally anti-men. Our country is already divided in the name of language, religion and geographic region. But these women-biased laws like “Act” are bringing in another dimension of division of our society in the name of gender.

The “Act”, was framed and legislated based on a myth and assumption that only women under go domestic violence. The parliament has not considered the fact the “softer-sex” i.e., Males are equally vulnerable to domestic violence in the hands of a female or another male. Numerous incidents of domestic violence on males covered by press & media, clearly showing the evidence of violence on males, have been ignored by the parliament. It is not appropriate to assume that all “married young women” in our country are Sita Devis. We should not forget that there are enough number of Surpanakas & Kaikeyis in our country. Numerous incidents of crime committed by women can be found in press & media coverage. Some of these media coverage can be witnessed from our website in the below link.

http://www.498a.org.in/nwsrm_prsRels.html

Anybody can be a victim of Domestic violence, including children, infants, teenagers and senior citizens. They can become victim at the hands of their own blood relatives including the mothers of the children and the sons & daughters-in-law of

the aged parents. Senior citizens are mostly abused by the daughters-in-law more so by the misuse of these women-biased laws. Even United Nations Organization has recognized that the misuse of IPC 498A or the “Dowry Law” is the biggest form of elder abuse in our country. Such senior citizens in their twilight years should be protected from domestic violence and abuse.

We wish to bring your notice that this law is being misused by many of the young, educated & greedy women with corrupt intentions to satisfy their greed, grudge & fantasies. This law becomes more lethal when misused along with the Dowry Law or IPC 498A. The case under Domestic Violence Act is usually filed just after an FIR

U/S 498A is registered for the same cause of action. The misuse of the “Act” is so rampant that many of the parliamentarians, courts, Chief justices of various High courts have expressed their concerns over the misuse of this Act.

Surprisingly, the said “Act” recognizes Live-in relationships. A man can have any number of Live-in relationships and similarly a woman can also have many Live-in relationships. This is nothing but a different concept of prostitution and nothing but polygamy. This issue needs in-depth deliberation to ensure that the “Act” does not cover live-in relationships. If live in relationship is recognized then that means that we are promoting polygamy & adultery, thus making the sections 494 & 497 of Indian Penal Code as Un-constitutional.

When an estranged wife claims for the reliefs of Protection, Residence, Maintenance orders as per the existing “Act” and complains and claims for these reliefs, that itself shows that the marriage between husband and wife has broken down and the relationship between them is not cordial and that is why she has come forward to complain. In such a situation it is impossible to think that they can live together again. In such a case while providing reliefs to the woman, the husband should be granted automatic divorce decree order if he moves an application for the same at appropriate court.

The existing “Act” has been designed to provide protection to woman and not to harass the husband. In such a case husband should not be denied of his basic rights of being in a family, cohabiting with a woman and pass on his genes to the next generation, etc. Even those who are accused under much severe crimes like IPC 302 (murder) or IPC 307 (attempt to murder) will be given a liberty to live freely till he is proven guilty. Many of the accused people in the 1984 riots & Godhra riots are freely living while they are still undergoing their trials. Their basic rights of getting food cooked by their wives, having children with their wives are not being denied. In such a case why a husband accused under Protection of women from domestic violence Act should be punished and should be denied of his basic rights? Since the existing “Act” doesn’t have any punishments like not allowing husband to eat food or not allowing him to have sex, etc., the husband should be made eligible for an immediate automatic divorce decree if he moves an application for the same, so that his basic rights are not denied but fulfilled by any other woman who is happy to live with him along with the reliefs being fulfilled under this Act for the complainant wife. Not doing so results in violation of human rights of the husband.

The protection officer in the “Act” does not have any role in investigating the alleged domestic violence, it is only limited to writing down the false statements and filling the report as per the wishes of the wife’s advocate. It is mostly observed that the job of the PO is just to tick mark most of the rows in the DIR on the insistence of the wife. Even the Honorable Supreme Court of India in 14Feburary2010 observed that “in rape cases the testimony of the victim cannot be considered to be the gospel truth, though in normal circumstances her statement has to be relied upon.” So in general to avoid misuse no conclusion should be drawn into the PO report and interim maintenance should not be passed on PO report.

As there is no provision of punishment in the “Act” hence there is no fear in the mind of the litigants and they are indulging in leveling baseless and wild allegations against each other. This is deplorable and results in considerable delay of the proceedings. It has been observed that just to get maintenance wife normally puts wild and imaginary allegations even to the extent of extra martial affairs.

There is no bar on the amount of maintenance an estranged wife can claim under the “Act”. This leads to claiming of exorbitant amounts of maintenance to the tune of lakhs of rupees. Claiming exorbitant amounts of maintenance is nothing but misusing the provision which is meant to protect women. It is impossible to believe that with the current economic conditions prevailing in our country that a woman would need lakhs of rupees of money for basic necessities like food, cloth, and medicines. We have seen cases where the maintenance amounts have been claimed in the range of 25,000/-, 50,000/- to 200,000/- per month. Even the Honorable magistrates, Honorable High court judges and “Honorable members of parliament” are not getting that much amount of money as their salaries. Maintenance includes only the basic necessities i.e., food, cloth, medicines & shelter. In any city in our country these basic necessities will not cost thousands & lakhs of rupees per month. The magistrates are supposed to pass orders ONLY for these basic necessities and other house hold expenses which should never run into thousands of rupees as claimed in some cases. The Act itself mandates that the maintenance amounts should be fair, just & reasonable. But that is hardly followed.

Since mostly estranged wife complain of violence hence, in order to protect these women, the women should be mandatorily accommodated in Govt. sponsored Shelter Homes. The cost for the accommodation may be put on the accused/respondents. The cost will be for her maintenance as per the prevailing rates as declared by the Government.

In view of the above discussion and reasoning we demand following:

We strongly request to make the said “Act” “gender-neutral” by providing protection to MEN as well.

We sincerely request to increase the scope of the said Act beyond “young married women” to a cover a much larger section of victims irrespective of their age & gender.

There is an urgent need to introduce a punishment clause in the “Act” in-line with section 387 to 389 of Indian Penal Code. A new clause should be introduced to protect the rights of the respondents by sufficiently compensating in case of false claim. The clause should also make a provision to return back any interim maintenance amount paid during the trial with 10% interest rate in case allegations are proved false.

The parliament should clear the confusion on live-in-relation. It cannot take different stands on the same issue of polygamy. Therefore, we propose to remove live-in relationships from the context of this Act OR make sections 494 & 497 of Indian Penal Code as Un-constitutional.

We suggest/recommend introducing a new clause for protecting the human rights of the accused husband.

The role of a Protection officer is absolutely unnecessary and should be removed.

The trial under this Act should be made in compliance to Indian Evidence Act rather than in compliance to Criminal Procedure Code.

The magistrates shall ensure that interim orders are passed at the earliest and at the discretion of the officers and shall ensure the trial is not withheld over an indefinite period due to non-execution of interim orders.

The magistrates shall order perjury and contempt proceedings in respect of exaggerated or false allegation in respect of domestic violence, cruelty when such allegations are proved to be false. And spouses making false allegations are to be punished.

In order to stop misuse of this Act as a black mailing tool, we propose to do camera recording of the counseling/mediation done by the counselors if the accused/respondents wishes so. The counselor has to give the certified copy of this recoding to the complainant woman, accused/respondents and magistrate.

In order to protect these women, the women should be mandatorily accommodated in Govt. sponsored Shelter Homes. The cost for the accommodation may be put on the accused/respondents. The cost will be for her maintenance as per the prevailing rates as declared by the Government.

Jai Hind!! With profound respects,

P Suresh, President, M Mahesh, General Secretary,

9880141531 9731569970

Categories: WCD

Regarding arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”

August 3, 2011 Fighting Legal Terror Leave a comment

5^th Aug 2011

Bangalore

To,

Hon’ble Chief Justice of Karnataka

High Court Buildings,

High Court of Karnataka,

Bangalore – 560001

Subject: Regarding arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”

Dear Sir,

We are sure that the, you must be concerned about the high rate of Divorce and breaking of families. We have been relentlessly petitioning Government from many years citing various reasons for this trend and have been organizing protests, dharna and procession etc from time to time. But we have not been able to get any concrete proposal from Government to stop the breaking of families.

Alarmed by another disturbing trend in the recent times which can have serious implication in the society, we are writing this petition to you in the hope that concrete steps will be taken in this regard. The trend is the tendency of the courts to pass very high, excessive, exorbitant and unreasonable amount of maintenance awarded to estranged wife in case of matrimonial disputes.

There have been media reports in recent times that amount of 40000/- per month and 40 lakhs etc are being awarded as maintenance amount citing the status of wife, earning capacity of husband etc. While not many will dispute to give reasonable maintenance to wife but at the same time it seems that these orders are being passed as there is no bar on the higher side of maintenance in Law. While most of the discussion in court orders revolve around a reasonable amount of maintenance but there seems to be no clarity, consensus or agreement in the Judiciary on this as can be seen from a widely contrasting orders from different courts.

In our NGO, we have come across a case where a husband has been ordered to pay around 40% of his salary. While everyone seems to be emotionally and heavily biased towards wife, conveniently forgetting that a husband also has aged old parents and could have siblings like brothers and sisters whose marriage and education he needs to support. A broken marriage is not a crime but the Gender biased laws of this country makes sure that in case of matrimonial dispute a husband and all his family members are sent to Jail merely on the allegation of wife, thanks to heavy misuse of 498A IPC.

Coming to the issue of maintenance, passing of 30%, 40% maintenance against husband is nothing but absurd and injustice to husband and his family members. Even if we do a simple calculation and look at our own families, we can easily calculate how much a person needs per month for his/her survival. Just to stress this point with an example, if a person has wife and a child and age old parent and one brother and one sister then his income needs to be divided into 7 parts atleast as son is the main bread earner when parent grow old. It is a matter of common knowledge that a person does not spend everything and saves as much as possible for a rainy day. And also Just because a person has married does not absolve him from taking care of his parent and siblings. Considering all this 1/10^th of a person’s monthly take home salary seems to be reasonable amount of maintenance provided the estranged wife is illiterate and handicapped. If an estranged wife is well qualified and well bodied then her maintenance claim should be rejected outright.

While passing maintenance most of the time the standard phrase is “Husband is well bodied”. Well that is true for women also. Also most of the time maintenance is passed citing the status of the couple. Well a husband might had married a women who is from poor family and husband might be in good financial position and assuming that marriage lasted only for couple of months, can the wife be awarded maintenance on the changed status? It is absurd even to think of that because a significant portion of her life she spent in poor financial status.

While in matrimonial dispute, it seems most of the court orders related to maintenance seems to be passed emotionally rather than as per Law, we should not forgot that a husband also has mother and sister who are also women and whom he needs to support. In fact mother will be aged and in need of financial assistance for her medical needs.

We would also like to invite your kind attention to another important issue which is in dire need of reforms by the Parliament and that issue is of “Multiple maintenance” or in other words “Duplication of Law”. There are more than five sections in Law which enables an estranged wife to claim maintenance from her husband in case of matrimonial dispute. They are Domestic Violence Act, CrPC 125, HMA24, HMA25 and HAMA18. It has become a trend by estranged wife to file all possible section against husband in order to harass him and to extract maximum maintenance.

We would also like to invite your kind attention that “women empowerment” cannot be achieved by “harassing husband” and his family members. “Women empowerment” can be achieved only by making them educated, self reliant and making them skillfully employed. What will happen to women if she is receiving 40000/- per month maintenance and then her Ex-husband dies after few years. Such women will virtually come on road as she is neither employed nor can seek employment without any experience.

In view of above discussion and reasoning, we demand following

Mandate Law Commission of India to study how various maintenance laws can be simplified into one law so that it will benefit both wife and husband in case of matrimonial disputes and also it will bring pendency of court cases significantly.

Amend current maintenance laws to put a cap of not more than 1/10^th take home salary per month.

Maintenance should not be given to educated, working, well bodied or adulterous wife

No maintenance should be given to wife if husband gets acquittal in 498A IPC or any criminal case initiated by wife.

Number of years elapsed in marriage should be a critical factor in deciding maintenance as there are series of cases where even after few days of marriage wife has put maintenances cases.

When considering status of wife, while deciding maintenance, more weightage should be given to the status of wife before marriage.

Wife should not be allowed to put two or more maintenance cases. Once she prefers a forum for filing maintenance case, others forum should not accept her petition.

Maintenance should be granted for the purpose to maintain decent life style and not for luxury.

Tendency to pass high maintenance in the form of interim maintenance should be stopped as the charges/allegations are not proved at that stage.

We submit that our demands are just and reasonable and in the event of non-implementation of our demands, we would be constrained to go to the streets with dharnas, Public Fasting and resort to other democratic means of protests.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!!

With profound respects,

P Suresh, President, M Mahesh, General Secretary,

9880141531 9731569970

National Family Harmony Society National Family Harmony Society

Categories: Judges

Regarding arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”

August 3, 2011 Fighting Legal Terror Leave a comment

5^th Aug 2011

Bangalore

To,

The Honorable Chief Justice of India,

Supreme Court of India,

Tilak Marg, New Delhi-110 001 (India)

Subject: Regarding arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”

Dear Sir,

In view of above discussion and reasoning, we demand following

Mandate Law Commission of India to study how various maintenance laws can be simplified into one law so that it will benefit both wife and husband in case of matrimonial disputes and also it will bring pendency of court cases significantly.

Amend current maintenance laws to put a cap of not more than 1/10^th take home salary per month.

Maintenance should not be given to educated, working, well bodied or adulterous wife

No maintenance should be given to wife if husband gets acquittal in 498A IPC or any criminal case initiated by wife.

Number of years elapsed in marriage should be a critical factor in deciding maintenance as there are series of cases where even after few days of marriage wife has put maintenances cases.

When considering status of wife, while deciding maintenance, more weightage should be given to the status of wife before marriage.

Wife should not be allowed to put two or more maintenance cases. Once she prefers a forum for filing maintenance case, others forum should not accept her petition.

Maintenance should be granted for the purpose to maintain decent life style and not for luxury.

Tendency to pass high maintenance in the form of interim maintenance should be stopped as the charges/allegations are not proved at that stage.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!!

With profound respects,

P Suresh, President, M Mahesh, General Secretary,

9880141531 9731569970

National Family Harmony Society National Family Harmony Society

Categories: Judges

Regarding arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”

August 3, 2011 Fighting Legal Terror Leave a comment

5^th Aug 2011

Bangalore

To,

Chairman,

Shri Justice P V Reddi
Law Commission of India,
The Indian Law Institute Building
(Opp. to Supreme Court), Bhagwandas Road, New Delhi – 110001

Subject: Regarding arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”

Dear Sir,

In our NGO, we have come across a case where a husband has been ordered to pay around 50% of his salary. While everyone seems to be emotionally and heavily biased towards wife, conveniently forgetting that a husband also has aged old parents and could have siblings like brothers and sisters whose marriage and education he needs to support. A broken marriage is not a crime but the Gender biased laws of this country makes sure that in case of matrimonial dispute a husband and all his family members are sent to Jail merely on the allegation of wife, thanks to heavy misuse of 498A IPC.

In view of above discussion and reasoning, we demand following

Mandate Law Commission of India to study how various maintenance laws can be simplified into one law so that it will benefit both wife and husband in case of matrimonial disputes and also it will bring pendency of court cases significantly.

Amend current maintenance laws to put a cap of not more than 1/10^th take home salary per month.

Maintenance should not be given to educated, working, well bodied or adulterous wife

No maintenance should be given to wife if husband gets acquittal in 498A IPC or any criminal case initiated by wife.

Number of years elapsed in marriage should be a critical factor in deciding maintenance as there are series of cases where even after few days of marriage wife has put maintenances cases.

When considering status of wife, while deciding maintenance, more weightage should be given to the status of wife before marriage.

Wife should not be allowed to put two or more maintenance cases. Once she prefers a forum for filing maintenance case, others forum should not accept her petition.

Maintenance should be granted for the purpose to maintain decent life style and not for luxury.

Tendency to pass high maintenance in the form of interim maintenance should be stopped as the charges/allegations are not proved at that stage.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!!

With profound respects,

P Suresh, President, M Mahesh, General Secretary,

9880141531 9731569970

National Family Harmony Society National Family Harmony Society

Categories: Law_Commission

Regarding arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”

August 3, 2011 Fighting Legal Terror Leave a comment

5^th Aug 2011

Bangalore

To,

Smt Sonia Gandhi,

Chairperson,

National Advisory Council

New Delhi

Subject: Regarding arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”

Dear Madam,

In view of above discussion and reasoning, we demand following

Mandate Law Commission of India to study how various maintenance laws can be simplified into one law so that it will benefit both wife and husband in case of matrimonial disputes and also it will bring pendency of court cases significantly.

Amend current maintenance laws to put a cap of not more than 1/10^th take home salary per month.

Maintenance should not be given to educated, working, well bodied or adulterous wife

No maintenance should be given to wife if husband gets acquittal in 498A IPC or any criminal case initiated by wife.

Number of years elapsed in marriage should be a critical factor in deciding maintenance as there are series of cases where even after few days of marriage wife has put maintenances cases.

When considering status of wife, while deciding maintenance, more weightage should be given to the status of wife before marriage.

Wife should not be allowed to put two or more maintenance cases. Once she prefers a forum for filing maintenance case, others forum should not accept her petition.

Maintenance should be granted for the purpose to maintain decent life style and not for luxury.

Tendency to pass high maintenance in the form of interim maintenance should be stopped as the charges/allegations are not proved at that stage.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!!

With profound respects,

P Suresh, President, M Mahesh, General Secretary,

9880141531 9731569970

National Family Harmony Society National Family Harmony Society

Categories: NAC

Subject: Regarding arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”

August 3, 2011 Fighting Legal Terror 2 comments

5^th Aug 2011

Bangalore

To,

Honorable Prime Minister of India,

Prime Minister’s Office, Room No: 148 B, South Block, New Delhi – 110001

Subject: Regarding arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”

Dear Sir,

In view of above discussion and reasoning, we demand following

Mandate Law Commission of India to study how various maintenance laws can be simplified into one law so that it will benefit both wife and husband in case of matrimonial disputes and also it will bring pendency of court cases significantly.

Amend current maintenance laws to put a cap of not more than 1/10^th take home salary per month.

Maintenance should not be given to educated, working, well bodied or adulterous wife

No maintenance should be given to wife if husband gets acquittal in 498A IPC or any criminal case initiated by wife.

Number of years elapsed in marriage should be a critical factor in deciding maintenance as there are series of cases where even after few days of marriage wife has put maintenances cases.

When considering status of wife, while deciding maintenance, more weightage should be given to the status of wife before marriage.

Wife should not be allowed to put two or more maintenance cases. Once she prefers a forum for filing maintenance case, others forum should not accept her petition.

Maintenance should be granted for the purpose to maintain decent life style and not for luxury.

Tendency to pass high maintenance in the form of interim maintenance should be stopped as the charges/allegations are not proved at that stage.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!!

With profound respects,

P Suresh, President, M Mahesh, General Secretary,

9880141531 9731569970

National Family Harmony Society National Family Harmony Society

Categories: Prime Minister

Regarding arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”

August 3, 2011 Fighting Legal Terror Leave a comment

5^th Aug 2011

Bangalore

To,

Honorable President of India,

President’s Office, Rashtrapati Bhavan, New Delhi – 110011

Subject: Regarding arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”

Hon’ble Madam,

In view of above discussion and reasoning, we demand following

Mandate Law Commission of India to study how various maintenance laws can be simplified into one law so that it will benefit both wife and husband in case of matrimonial disputes and also it will bring pendency of court cases significantly.

Amend current maintenance laws to put a cap of not more than 1/10^th take home salary per month.

Maintenance should not be given to educated, working, well bodied or adulterous wife

No maintenance should be given to wife if husband gets acquittal in 498A IPC or any criminal case initiated by wife.

Number of years elapsed in marriage should be a critical factor in deciding maintenance as there are series of cases where even after few days of marriage wife has put maintenances cases.

When considering status of wife, while deciding maintenance, more weightage should be given to the status of wife before marriage.

Wife should not be allowed to put two or more maintenance cases. Once she prefers a forum for filing maintenance case, others forum should not accept her petition.

Maintenance should be granted for the purpose to maintain decent life style and not for luxury.

Tendency to pass high maintenance in the form of interim maintenance should be stopped as the charges/allegations are not proved at that stage.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!!

With profound respects,

P Suresh, President, M Mahesh, General Secretary,

9880141531 9731569970

National Family Harmony Society National Family Harmony Society

Categories: President

NFHS Memo to Law Minister on arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”

July 28, 2011 Fighting Legal Terror 4 comments

28^th July 2011

Bangalore

To,

Hon’ble Minister for Law & Justice,

Ministry of Law and Justice,

4th Floor, A-Wing, Shastri Bhawan, New Delhi – 110 001

Subject: Regarding arbitrary, exorbitant and high maintenance amount awarded by Courts and harassment to husband and his family members in the name of “protection of women”

Dear Sir,

Even though you had assumed the charge of Law Minister recently but the high rate of Divorce and breaking of families must be known to you. We have been relentlessly petitioning Government from many years citing various reasons for this trend and have been organizing protests, dharna and procession etc from time to time. But we have not been able to get any concrete proposal from Government to stop the breaking of families.

In view of above discussion and reasoning, we demand following

Mandate Law Commission of India to study how various maintenance laws can be simplified into one law so that it will benefit both wife and husband in case of matrimonial disputes and also it will bring pendency of court cases significantly.

Amend current maintenance laws to put a cap of not more than 1/10^th take home salary per month.

Maintenance should not be given to educated, working, well bodied or adulterous wife

No maintenance should be given to wife if husband gets acquittal in 498A IPC or any criminal case initiated by wife.

Number of years elapsed in marriage should be a critical factor in deciding maintenance as there are series of cases where even after few days of marriage wife has put maintenances cases.

When considering status of wife, while deciding maintenance, more weightage should be given to the status of wife before marriage.

Wife should not be allowed to put two or more maintenance cases. Once she prefers a forum for filing maintenance case, others forum should not accept her petition.

Maintenance should be granted for the purpose to maintain decent life style and not for luxury.

Tendency to pass high maintenance in the form of interim maintenance should be stopped as the charges/allegations are not proved at that stage.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!!

With profound respects,

P Suresh, President, M Mahesh, General Secretary,

9880141531 9731569970

National Family Harmony Society National Family Harmony Society

Categories: Law minister

NFHS and other NGO members who deposed before Rajya Sabha commitee of petions to suggest ammendments in 498A IPC

July 12, 2011 Fighting Legal Terror 1 comment

NFHS and other NGO members who deposed before

Rajya Sabha commitee of petions to suggest

ammendments in 498A IPC

The WALL of 498A will crumble soon!!!

Categories: Parliament

Strongly worded petition by NFHS to Law Commission, on the reccomendation to make 498A IPC compoundable

July 7, 2011 Fighting Legal Terror 8 comments

07^th July 2011 / Bangalore

To,

Chairman, Shri Justice P V Reddi
Law Commission of India,
The Indian Law Institute Building
(Opp. to Supreme Court), Bhagwandas Road,

New Delhi – 110001

Subject: Strong protest by “National Family Harmony Society®” on the recommendation of the Law Commission to make 498A IPC compoundable

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 16000 members all over India. To know more about us please visit http://www.family-harmony.org / www.498a.org.in.

There have been media reports recently which have indicated the intention of the Law Commission to make 498A IPC compoundable. This will further accelerate the breaking of families and give further encouragement to the greedy wives to file false cases.

A criminal case, and that too of the nature of an offence which deals with cruelty must not be compounded at any cost. If husband and his family members have done crime then they must be tried under the criminal justice system. If 498A IPC is allowed to be compounded then it will be mockery of the criminal justice system. In that case if any dispute arises between husband and wife due to whatever reason, 498A will be used to blackmail, threaten and for money extortion.

It is also surprising that before initiating discussion on such an important topic, Law commission has not given any News Paper advertisement as is done by Parliament Sub-Committees and our NGO came to know about the Law Commission initiative only by media articles.

Through media article, we also came to know that Law Commission has selectively invited suggestions from certain quarters. There are hundreds of NGOs like ours, who are working from many years to bring effective amendments to 498A IPC due to its heavy abuse and misuse. It seems none of the group or NGO has been invited for oral pleadings as is the common practice in law making/amendment process.

The heavy misuse and abuse of the 498A IPC is an open secret with hundreds of question being raised in parliament and hundreds of Judgment from Judiciary. We fail to understand that by making 498A IPC compoundable, how the misuse and abuse of 498A IPC will be prevented.

Thousands of families who had been falsely implicated by using this IPC section were hopeful and had great expectation that Law Commission will make some concrete suggestion to the government to stop the misuse of this Law. Thousands of husbands have committed suicide as they were falsely implicated in this Law but it seems that Law Commission is not able to see the agony, harassment and torture of these families.

Left with no other option, our NGO did protest by the way of “black flag” Dharna at Bangalore on 2^nd of July which received wide media coverage and hundreds of calls/enquiries from various quarters. All the media coverage has been compiled at below location for your kind persual.

http://498amisuse.wordpress.com/2011/07/04/nfhs-press-coverage-flash-dharna-against-law-commission-reccomendation-tp-make-498a-compoundable/

In response to the Law Commission’s earlier questionnaire, NFHS had sent following answer regarding question 8.

8) Do you think that the offence should be made compoundable (with the permission of court)? Are there any particular reasons not to make it compoundable?

Once a complaint is registered then the complainant should not have the option to withdraw it. If the complainant is allowed to withdraw the complaint then it amounts to blackmailing. Anyone with intention to extract money from husband will file complaint in police station and withdraw later when her demands are met. 498A must not be allowed to be used as a blackmail tool. Hence we strongly oppose to make it compoundable.

In view of the above discussion and reasons we strongly mark our protest to make 498A IPC compoundable and we will use all democratic means of protest so that efforts can be made to stop the heavy misuse and abuse of the 498A IPC which has been termed as Legal Terror by the Supreme Court.

With profound respects, Jai Hind !!!

P Suresh, President, 9880141531

National Family Harmony Society

Categories: Law_Commission

NFHS has been invited for oral deposition to the commitee for 498A amendment

June 22, 2011 Fighting Legal Terror Leave a comment

No. RS. 6(69)/2008 – Com.II 22^nd June, 2011

Shri P. Suresh,

President, National Family Harmony Society,

H-102, Raj Nagar-II,

Palam Colony,

New Delhi-77

Sub: Petition praying for amendments in Section 498A of the Indian Penal Code, 1860.

Sir,

I am directed to state that the Committee on Petitions of Rajya Sabha which is examining the captioned petition, has decided to have the benefit of your views in response to your Memorandum on the petition in its meeting to be held on Wednesday, the 29^thJune, 2011 in Main Committee Room, Ground Floor, Parliament House Annexe, New Delhi. I am, therefore, to request you kindly to make it convenient to appear before the Committee at 11.00 a.m. on the above noted date and venue for the purpose. You may bring with you one person for assistance during the presentation. Subject to other individuals/organizations (who have also been invited) actually appearing before the Committee, one organization/individual may get around 10 minutes for making the presentation.

2. A line in confirmation of your appearance before the Committee may be sent to the undersigned at the earliest.

3. A copy each of the petition and the list of Members of the Committee on Petitions is enclosed.

Yours faithfully,

(GOUTAM KUMAR)

COMMITTEE OFFICER

Tel: 23034537

Telefax: 23794328

E-mail: rsc2pet@sansad.nic.in

Categories: Parliament

NFHS MEMO to CJ Seeking justice for Fathers and Children separated due to marital discords on the eve of Father’s Day

June 16, 2011 Fighting Legal Terror Leave a comment

To 17th June 2011

Hon’ble Chief Justice

High Court of Karnataka

Subject: Seeking justice for Fathers and Children separated due to marital discords

Hon’ble Chief Justice,

We seek your personal and valuable intervention in setting right the gross injustice being done to men and children in matters of matrimonial conflicts where custody of children is granted only to women, with total disregard to the love and affection that fathers and children have towards each other.

Fathers are denied custody as a rule rather than an exception. If at all visitation is ordered to fathers, it is limited to 30 min or 1 hour in a month contrary to the requirement of the UN resolution that no child should be denied access to either of the parents.

We are constrained to bring to your notice that Indian Family Courts appear to have declared a war against fathers and are adopting every possible means to create a “fatherless society” and to reduce men to mere ATM machines and sperm donors.

Family Courts have adopted the unhealthy practice of

· Depriving fathers of the right to love and care for their biological children.
· Forcing fathers to pay huge sums of money to support children they are not allowed to see.
· Encouraging false allegations of abuse to paint fathers as unfit parents.
· Permitting multiple legal battles to eliminate biological fathers from their children’s lives.
· Passing ex-parte orders based solely on the allegations made by a child’s mother.
· Allowing mothers to brazenly disobey visitation orders without legal repercussions to them.
· Allowing biological fathers to be labelled “kidnappers” for trying to make contact with their own children.
· Prolonging custody/visitation matters for years, thereby driving fathers into financial and emotional bankruptcy and forcing them to give up the desire to see their children.

Cases filed in Family Courts linger on indefinitely while wives enjoy full custody of children, interim maintenance and child support at the expense of husbands.

The attitude of the Family Courts in the matters of ordering child custody/visitation, maintenance and alimony is completely biased against husbands.

While there is much emphasis on a wife’s rights on husbands and children, no order is passed on the responsibilities of a wife towards herself and her matrimonial family. Husbands, on the other hand, are heaped with disproportionate responsibilities with no rights over their wives or children.

The brazenly anti-male mindset of Indian Family Courts is making it a crime to be born male in India. The continued onslaught on men and manhood is gradually destroying the faith of men on the system of marriage and societal values as a whole. As a result many men are being forced to commit suicide or shun marriage altogether paving the way for a fatherless society full of single mothers in the future.

We request the Hon’ble Chief Justice to ponder over these issues and contribute towards promoting a congenial atmosphere in the Family Courts for men, women and children.

On the occasion of Fathers’ Day, we wish to make the following demands:

Reforms in Mediation Counseling and Pleadings:

1. The presence of and pleadings by Advocates in the Family Court and mediation process should be eliminated as mandated by the Family Courts Act.
2. Persons who are professionally qualified and have a balanced perspective on family and society should be appointed as counsellors and mediators.
3. Counsellors and mediators should be adequately compensated fixing a rate of at least Rs. 20,000 per case, made payable by the spouses equally.
4. Mediators should be given exclusive powers to decide on dates and adjournments and should be required to conduct mediations and counselling throughout the year without holidays.
5. No in-camera and chamber proceedings should be held unless absolutely necessary and the purpose duly recorded in the Court register.

Perjury

1. Courts should order perjury and contempt proceedings in case of exaggerated statements and false allegations or affidavits related to employment, earnings, cruelty etc. when such allegations are proved to be false.
2. Spouses making false allegations should be punished under the appropriate sections of the Indian Penal Code.

Child Custody matters:

Family Courts should ensure that both parents are given equal custody of children irrespective of the accusations of either party (such as a mother being adulterous or a father being a drunkard). The practice of showing children for 30 minutes or 1 hour like a TV show to a father without providing him an opportunity to demonstrate his fatherly care and affection should be done away with. We strongly denounce the attitude of the Family Courts which consider children as the exclusive property of the wife and totally deny access to the husband and his family while passing interim and final orders.

We strongly condemn the belief of the Family Courts that the husband alone is bound to earn and maintain his wife and children, even though the wife is either earning or sufficiently qualified to earn.

The practice of passing orders for monetary compensation, should be done away with and instead, parents should be directed to share the responsibilities like buying medical insurance, pay the school fee, purchase clothes, books etc., for children based on their respective and combined financial capacities.

The following steps should be immediately taken by Family Courts across the country to uphold the rights of fathers and ensure the welfare of children:

· Special fast-track courts should be set up at the earliest to deal with custody issues.
· Exclusive, fully functioning Divisional Bench should be set up in all High Courts and Supreme Court to hear appeals in matters of child custody.
· When a person or couple approaches court for divorce, counseling of the parents by professional counselors should be given first priority.
· Except in extreme cases of violence or unhealthy behavior by either partner, children should be given equal and meaningful access to both parents and grandparents on both sides.
· Both parents should be given financial responsibility of the child proportionate to their earnings and not based on demands made by either partner.
· If a partner prevents a child from having equal and meaningful contact with the other partner, they should be counseled first to understand the importance of equal parenting and the best interest of a child.
· If either partner repeatedly disobeys orders of equal access and meaningful contact with children, then the children should be placed in the full custody of the partner who will allow equal access to the other parent.

We submit that our demands are just and reasonable and that the non-implementation of our demands will result in serious consequences to men, women, children, families and the society as a whole.

We enclose, herewith, the petitions signed by hundreds of fathers in the Family Courts in Bangalore. We look forward to your prompt intervention and necessary action in this regard.

Sincerely,

Jai Hind!!

With profound respects,

Suresh P Mahesh M

President, General Secretary

9880141531 9731569970

Categories: Judges

A petition under Rule 137 on DV Act misuse to Rajya Sabha

May 8, 2011 Fighting Legal Terror 2 comments

PDF Version ——–> Rajya_Sabha_Petition_DV

Bangalore / 09-May-2011

To:

The Council of States (Rajya Sabha)

The petition of Shri P Suresh an Engineer and a resident of Bangalore, Karnataka

Sheweth,

1. That “The Protection of Women from Domestic Violence Act, 2005” [hereafter referred to as the “Act” for the sake of brevity] was passed by parliament as Act No. 43 OF 2005 on 13th September, 2005 to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.

2. That subsequent to passing of the above said “Act” there is seemingly increasingly heavy misuse of the “Act” similar to the heavy misuse of 498A IPC.

3. That the parliament has passed this “Act” with good intention to provide speedy relief to the women who are victims of “Domestic violence” but as has been seen in the recent past that this “Act” has become a tool at the hands of greedy women to use it to harass their husbands and his family members in case of matrimonial disputes.

4. That there is an urgent and immediate need to address the issues related to the abuse and heavy misuse of the said “Act” which is breaking the families and since the family is the basic unit of the society and hence there are tremors and crack already appearing on the society.

a. The “Act” is providing relief only to the “young married women” contrary to the intention of the parliament. The result is “young married women” at the drop the hat are rushing to the courts with petitions and implicating the entire family members of husband by misusing the said “Act”.

b. The “Act” is being misused by many of the young, educated & intelligent women with corrupt intentions to satisfy their greed, grudge & fantasies. This law becomes more lethal when misused along with the Dowry Law or IPC 498A. The case under “Act” is usually filed just after an FIR U/S 498A of IPC is registered for the same cause of action.

c. When there is a dispute between the spouses and when the wife files a criminal cases like Dowry Harassment (IPC 498A) against the husband, it becomes impossible for him to continue to live with the wife. And if the wife claims for Right to residence in his house under this “Act”, then husband has to vacate the house along with his aged parent, as it is impractical to even think that husband and his wife can stay under the same roof that too when the criminal cases are pending. This leads to an unbearable harassment to the husband and his age old parent. Punishing him before beginning the trail is violation of his constitutional rights. In some cases the husbands will be re-paying their house loans, but because of the residence orders husband and his parent will be staying outside their houses in spite of paying for house loans, causing a great burden and hardship to them.

d. If the husband / his parents live in the shared house they have to face harassment of police / face multiple other criminal cases as per the wish of wife’s lawyer. So invariably husband and his old parents have to run away, sometimes without belongings and stay in a rented accommodation.

e. The wife can get an order prohibiting the husband from operating his own bank accounts including his salary accounts, making it impossible for him to live. In one case, wife first used 498A to send the husband & her mother-in-law to jail. As soon as they were released on bail, wife used “Act” to lock all their bank accounts & properties including the husband’s salary account. When they went home, they were beaten up by the wife & her kin and the husband & the mother-in-law were thrown out of their own house, thus making them penniless and homeless. This is how women are misusing this “Act” resulting in violation of basic rights of the innocent husbands & aged in-laws. Even in the cases of Dowry death the husband will get a chance to prove not guilty, but this “Act” first punishes the husband and then gives the husband the chance to prove not guilty.

f. The wife can get an order prohibiting the husband from entering the shared household. This resulting in, he being thrown out of his own house without any cause. This “Act” enables the wife to capture the house of the husband and in-laws and throw them out. In many of the cases it has been observed that some women acting like goons misuse this “Act” to capture the hard-earned properties of the husband and in-laws, denying their basic rights. Once the wife gets the control over the property she can use that to accommodate her kin or bring-in her boy-friends.

g. Wife can file multiple maintenance suits for the same relief, one under this “Act” and another under Cr.P.C 125 or any other provision available just to harass the husband by making him run around different courts. This concept of misusing multiple maintenance provisions has gone beyond bearable limits. There are numerous complaints from victims and this has prompted us file a Public Interest Litigation, in Hon’ble High Court of Karnataka with Writ Pet. No. 9168/10.

h. Though this “Act” restricts the maintenance amount to be fair & reasonable, the Hon’ble magistrates in various courts are hardly giving attention to this clause. In a hurry to provide justice to the women they are passing meaningless orders with exorbitant amounts as maintenance without any justification. The high amounts of maintenance passed by the magistrates are being misused by the estranged wives for enrichment and luxury.

i. Some wives gets ex-party orders to get her belongings and come with police protection and take away all the evidences, photos, bank accounts, property documents, gold, cash, credit cards, everything what she knows and what her lawyer suggests along with important house hold items.

j. Since this “Act” assumes that whatever the women says as true, is highly vulnerable to misuse.

k. The misuse of the “Act” is so rampant that many of the parliamentarians, courts, Chief justices of various High courts have expressed their concerns over the misuse.

l. Many women are using the “Act” to settle score with husbands and to capture his properties.

m. There are instances of misuse where women had invoked the “Act” just after few days after the marriage as it was pre planed to misuse.

n. There are instances where the petitioner is well educated and capable of working and earning and in many cases working but in order to harass the husbands they resign from their jobs and invoke this “Act”.

o. The misuse is so wide and rampant that even though any order under the said “Act” is enforceable only against husband but in order to harass petitioner adds all the family members of the husband as respondent.

5. Delhi High Court in a case related to the “Act” on 13-08-2010 observed that “I therefore consider that the application filed by the petitioner under Section 12 of Domestic Violence Act was not at all maintainable. The petitioner had settled her separate house in America, her Passport was issued in America, she is doing job in America, she was adult and able to take care of herself, take her own decisions. She decided to live in America after leaving her parents here. If she has any right in her father’s property, she has already filed a suit for partition. An application under Section 12 of Domestic Violence Act was nothing but a gross misuse of the Act and I consider that she was rightly denied the interim relief of residence in the property left by her father. The petition is hereby dismissed.”

6. Even the Hon’ble Supreme court in Batra VS Batra observed that the “Act” has been drafted poorly. Terming the definition of ‘shared household’ in Section 2(s) of the Act as “not very happily worded”, the Bench said it “appears to be the result of clumsy drafting, but we have to give it an interpretation which is sensible and does not lead to chaos in society,”

7. This “Act” does not provide any provision or mechanism of punishment to the petitioners who misuse the “Act” which causes to the respondents.

a. Severe damage in the society as they are branded as “wife beaters” and “dowry seekers”.

b. Loss of jobs due to filing of false case under the “Act”.

c. Bad and defamatory publication in media and loss of reputation.

d. Financial loss due to false cases.

e. Harassment to the old parent of respondents due to running around court due to false cases.

f. Prospectus of sisters of husbands not getting married due to false complaint.

8. That the petitioner prays to amend this “Act” which is being heavily misused by thousands of women across India to settle score with husbands and due to which thousands of families are breaking. It is therefore respectfully prayed to amend the “Act” to include below suggestions.

a. To make the said “Act” “gender-neutral” by providing protection to MEN as well.

b. To increase the scope of the said “Act” beyond “young married women” to a cover a much larger section of victims irrespective of their age & gender.

c. To introduce a punishment clause in the “Act” in-line with section 387 to 389 of Indian Penal Code. A new rule should be introduced to protect the rights of the accused by sufficiently compensating the accused.

d. To add a new clause for protecting the human rights of the respondent husband.

e. To remove the role of Protection officer.

f. To make the trial under this “Act” in compliance to Indian Evidence Act rather than in compliance to Criminal Procedure Code.

g. To empower magistrates to order Suo Moto perjury and contempt proceedings in respect of exaggerated or false allegation in respect of domestic violence, cruelty when such allegations are proved to be false.

h. To make time bound conclusion of trial in 60 days.

i. To do away the practice of passing high Ex-Parte/Interim maintenance under this “Act” even when there no prima facie evidence to prove Domestic Violence.

j. To not consider “sole testimony” of women as gospel truth.

Name of Petitioner Address Signature

P Suresh, Bangalore, Karnataka – 560048

Categories: Parliament

NFHS reply on Consultation Paper-cum-Questionnaire regarding 498A IPC

April 9, 2011 Fighting Legal Terror Leave a comment

26^th February 2011 / Bangalore

To,

Shri Justice Shiv Kumar Sharma
Member, Law Commission of India,
The Indian Law Institute Building
(Opp. to Supreme Court), Bhagwandas Road, New Delhi – 110001

Subject: NFHS reply on Consultation Paper-cum-Questionnaire regarding Section 498-A of Indian Penal Code

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 http://www.family-harmony.org / www.498a.org.in.

Questionnaire

1) a) What according to you is ideally expected of Police, on receiving the FIR alleging an offence u/s 498A of IPC? What should be their approach and plan of action?

Once a complaint is received under 498A IPC police must not act in hurry. The police force is normally trained to deal with offences which are criminal in nature. They need to keep in mind that this complaint even though is categorised in the IPC but is still basically it is a dispute pertaining to husband and wife and is matrimonial dispute in nature. Any action by the police in haste or in hurry in making any attempt to arrest to husband or those named in the FIR will close all the ways of a possible reconciliation between the couple. Hence we suggest that as soon as a complaint is received at the police station immediately police must send the couple to Government Mediation Centre to explore the possibility of reconciliation.

b) Do you think that justice will be better meted out to the aggrieved woman by the immediate arrest and custodial interrogation of the husband and his relations named in the FIR? Would the objective of s.498A be better served thereby?

Immediate arrest and custodial interrogation of the husband and his relatives means nothing but breaking of another family. No husband will ever take back his wife after arrest and custodial interrogation by police. Husbands who approach our NGO categorically state that they prefer to go to jail rather than taking back their wife after suffering the humiliation of arrest and police interrogation.

2) a) The Supreme Court laid down in D.K. Basu (1996) and other cases that the power of arrest without warrant ought not to be resorted to in a routine manner and that the Police officer should be reasonably satisfied about a person’s complicity as well as the need to effect arrest. Don’t you agree that this rule applies with greater force in a situation of matrimonial discord and the police are expected to act more discreetly and cautiously before taking the drastic step of arrest?

In fact as a rule police must not arrest anyone in the complaint u/s 498A IPC as not only the complaint is of matrimonial in nature but also there are high chances that it could be a false complaint and the allegations could be exaggerated and colourful version of the actual. Most of the time it has been found that the complaint is registered as a counterblast to the divorce/RCR filed by husband and is an afterthought.

b) What steps should be taken to check indiscriminate and unwarranted arrests?

498A must be made bailable with immediate effect to curb the power of the police. Almost all the DGPs had issued circulars and guidelines regarding 498A IPC. Police must follow them strictly.

3) Do you think that making the offence bailable is the proper solution to the problem? Will it be counter-productive?

Yes, 498A must be made bailable and that is the answer to curb the heavy misuse of 498A IPC.

4) There is a view point supported by certain observations in the courts’ judgments that before effecting arrest in cases of this nature, the proper course would be to try the process of reconciliation by counselling both sides. In other words, the possibility of exploring reconciliation at the outset should precede punitive measures. Do you agree that the conciliation should be the first step, having regard to the nature and dimension of the problem? If so, how best the conciliation process could be completed with utmost expedition? Should there be a time-limit beyond which the police shall be free to act without waiting for the outcome of conciliation process?

Yes, the couple must be sent to the Government appointed counselling centres immediately with a possible time frame of 3 months. Registration of FIR u/s 498A IPC means breaking of another family.

5) Though the Police may tender appropriate advice initially and facilitate reconciliation process, the preponderance of view is that the Police should not get involved in the actual process and their role should be that of observer at that stage? Do you have a different view?

The normal tendency of the police is to call the husband and his family members and threaten them with criminal case. The police use the same language which they use against the criminals to the husband and his family members. The role of the police should be as far eliminated in the matrimonial disputes.

6) a) In the absence of consensus as to mediators, who will be ideally suited to act as mediators/conciliators – the friends or elders known to both the parties or professional counsellors (who may be part of NGOs), lady and men lawyers who volunteer to act in such matters, a Committee of respected/retired persons of the locality or the Legal Services Authority of the District?

Normally Government appointed mediation/Counselling centres will be ideally suited to counsel the parties.

b) How to ensure that the officers in charge of police stations can easily identify and contact those who are well suited to conciliate or mediate, especially having regard to the fact that professional and competent counsellors may not be available at all places and any delay in initiating the process will lead to further complications?

Normally all major tier1 and tier2 cities have such centres. In the absence of such centres in a city the couple can be sent to the nearest cities. The DGP of the particular state can frame guidelines and issue circular to all the SHO’s of his state about do’s and dont’s in such cases.

7) a) Do you think that on receipt of complaint under S.498A, immediate steps should be taken by the Police to facilitate an application being filed before the Judicial Magistrate under the PDV Act so that the Magistrate can set in motion the process of counseling/conciliation, apart from according interim protection?

There is no need for it. The police itself can be issued instruction/circular to send the parties to the counseling/mediation centers. PDV Act is for such wife’s who had undergone violence at the hands of their husband. If the complaint received at the police station is false one then if another application is filed before magistrate then it will amount to filing of another false complaint.

b) Should the Police in the meanwhile be left free to arrest the accused without the permission of the Magistrate?

As we had mentioned earlier that power of the police to arrest accused in case of a complaint u/s 498A IPC has to be completely eliminated.

c) Should the investigation be kept in abeyance till the conciliation process initiated by the Magistrate is completed?

The police should wait for the report from the counseling centre. If it is found during the counseling that the complaint has been found to be a false one and there are no evidence of torture then police should close the case.

8) Do you think that the offence should be made compoundable (with the permission of court)? Are there any particular reasons not to make it compoundable?

9) Do you consider it just and proper to differentiate the husband from the other accused in providing for bail? No

10) a) Do you envisage a better and more extensive role to be played by Legal Services Authorities (LSAs) at Taluka and District levels in relation to s.498A cases and for facilitating amicable settlement? Is there a need for better coordination between LSAs and police stations?

Yes, LSA’s can play a better role but in reconciliation and not in settlement. We need to understand that the meaning of reconciliation and settlement are different. 498A should not be used as a settlement tool to extract money and meet demand of the complainant.

b) Do you think that aggrieved women have easy access to LSAs at the grassroot level and get proper guidance and help from them at the pre-complaint and subsequent stages?

Not sure.

c)Are the Mediation Centres in some States well equipped and better suited to attend to the cases related to S,498-A?

Yes

11) What measures do you suggest to spread awareness of the protective penal provisions and civil rights available to women in rural areas especially among the poorer sections of people?

We feel that there is a need to spread awareness about heavy misuse of 498A IPC and the consequences. If the message reaches to the large section of the society that once a false complaint is lodged then it is the end of the road for the couple then many such false complaints will not be lodged. Now in the present situation whenever there is a misunderstanding between the couple then there is a tendency to rush to the police station and lodge a complaint under misguidance.

12) Do you have any information about the number of and conditions in shelter homes which are required to be set up under PDV Act to help the aggrieved women who after lodging the complaint do not wish to stay at marital home or there is none to look after them?

Government must set up shelter homes for women under DV Act and it must be made mandatory for the complainant to reside there.

13) What according to you is the main reason for low conviction rate in the prosecutions u/s 498A?

The conviction rate in 498A IPC is very low as the complaints which are given are not true and most of the time they are colourful and the exaggerated version. Hence they fail in the court of law.

14) (a) Is it desirable to have a Crime Against Women Cell (CWC) in every district to deal exclusively with the crimes such as S.498A? If so, what should be its composition and the qualifications of women police deployed in such a cell?

All major cities have women police station and all states have State Women Commissions who can entertain complaint from women hence there is no need to setup CWC.

(b) As the present experience shows, it is likely that wherever a CWC is set up, there may be substantial number of unfilled vacancies and the personnel may not have undergone the requisite training. In this situation, whether it would be advisable to entrust the investigation etc. to CWC to the exclusion of the jurisdictional Police Station?

There is no need to duplicate authorities as it will lead to further complications. The procedure has to be kept simple for the benefit of everyone. The complaint can be lodged with police and they have to sent it mandatory to counselling centre and then wait for their report.

P Suresh, President,

9880141531

National Family Harmony Society

Categories: Law_Commission

Strong objections to the “THE MARRIAGE LAWS (AMENDMENT) BILL, 2010” by NFHS

March 12, 2011 Fighting Legal Terror 4 comments

NHFS/120311/1 12^th March 2011/Bangalore

To,

Hon’able Mr. Veerappa Moily,

Hon’ble Minister of Law & Justice,

Ministry of Law and Justice, 4th Floor, A-Wing, Shastri Bhawan, New Delhi – 110 001

Subject: Strong objections to the Forty Fifth report of the Rajya Sabha committee on “THE MARRIAGE LAWS (AMENDMENT) BILL, 2010”

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 http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

This is with regard to the Forty Fifth report of the Rajya Sabha committee on “THE MARRIAGE LAWS (AMENDMENT) BILL, 2010”. We are surprised and disappointed that that though in Chapter II of the said report many of the points raised by the various NGOs, Groups, concerned citizens and other organizations are listed but they have been completely discarded in Chapter – IV which is the committee’s observations/Recommendations without assigning any valid reason. If the recommendation, Suggestions, comments of the various NGOs are to be ignored entirely, without assigning any reasons then why this farce of calling recommendation, Suggestions, comments from General public.

We would like to lodge our strong objections to the observations/Recommendations of the committees report and would request Law Ministry to disregard the report entirety and would request Law Ministry to call for fresh recommendation, Suggestions, comments from the various NGOs, Groups, concerned citizens and other stake holders.

The recommendation, Suggestions, comments had been sent by various stake holders who are actually having practical experience at the ground level and if their suggestions are to be ignored then there must be logical reason to it. If these suggestions are ignored without assigning any reason then it is not a democracy. We would like to present our objections to the committee’s report point by point.

Committee’s Recommendation in Chapter – IV – Para 4: The Committee, accordingly, recommends that the Bill should provide for some safeguards so that the new ground for divorce is not misused. The Committee also recommends that the Government may consider defining the term “irretrievable breakdown of marriage” in the Bill so that some uniform standards are followed in dealing with divorce petitions by the Courts.

NFHS Objection to Chapter – IV – Para 4: The observation of the committee that the new ground will be used against women in rural areas is nothing but assumption and is not backed by any data or study. It is a known fact that many Gender Biased Laws like 498A are being rampantly misused by women in urban areas to harass their husbands and her in-laws. It is also a matter of common knowledge that nowadays women file multiple false criminal/civil cases against their husbands and in-laws and harass them by taking advantage of women-centric laws. If ‘irretrievable breakdown of marriage’ is added as a new ground for divorce then it will be heavily misused by women who will walk away with divorce, claiming the marriage is dead due to multiple criminal and civil cases and walk away with divorce and the husband will be left fighting the false cases. The bill is totally silent about the remaining criminal and civil cases.

Hon’ble Supreme Court in Swati Verma vs. Rajan Verma reported in (2004) 1 SCC 123, observed that “A large number of criminal cases had been filed by the petitioner against the respondent. This Court observed that the marriage between the parties had broken down irretrievably with a view to restore good relationship and to put a quietus to all litigations between the parties and not to leave any room for future litigation, so that they may live peacefully hereafter”.

The observation by the Hon’ble speaks the why ‘irretrievable breakdown of marriage’ should be added as a ground for divorce. If both the parties continuous with other litigation, even after obtaining divorce under ‘irretrievable breakdown of marriage’ then such divorce is meaningless. Hence we recommend that the BILL should incorporate mechanism so that all litigations between the parties are closed at the time of granting divorce under ‘irretrievable breakdown of marriage’.

Committee’s Recommendation in Chapter – IV – Para 5: The Committee notes that the term ‘grave financial hardship’ appearing here is capable of varied interpretation. Further, it may be difficult for the wife to satisfy the court that it would ‘in all circumstances be wrong to dissolve the marriage’. Not only this, the provisions of the Bill talk of ‘grave’ financial hardship, i.e., divorce may not be allowed on this ground if the wife is being subjected to a ‘grave’ financial hardship. Does it mean that court may proceed with the grant of a decree of divorce on this ground despite the fact that the wife may be put to ‘financial hardship’ and not “grave” financial hardship? The Committee, accordingly, recommends that the term “grave financial hardship” may be defined so that there is less of ambiguity. The Committee further recommends a review of these provisions of the Bill so that the interests of the women are better safeguarded in the divorce proceedings in the court.

NFHS Objection to Chapter – IV – Para 5: NFHS objects to the recommendations of committee for only considering financial hardships of wife and completely ignoring the financial hardships of husbands. Our NGO has been continuously receiving cases of many such husbands who have been ruined completely due to the multiple false criminal cases pending against them. Many such husbands have been removed from their jobs due to pending criminal cases like 498A IPC thus bringing them on streets for their survival. The very fact that committee has not considered the cases of such husbands is enough to conclude that committee is not aware about the ground realities and pain and harassment of such husbands at the hands of their cruel wives. Hence we recommend that the word wife and husband must be replaced with SPOUSE so that BILL will take care of such husbands also and will be Gender Neutral in true sense.

Committee’s Recommendation in Chapter – IV – Para 7: Accordingly, the Committee feels that there should be some effective legal mechanism so that the women atleast get their share in the matrimonial property which has been acquired during the subsistence of marriage. The Committee, accordingly, recommends the Government to make adequate provisions in the Matrimonial Law to ensure that the courts, while adjudicating on divorce petitions, also decide upon women’s share in the matrimonial property while granting divorce so that they are not deprived of the assets/properties in which they have contributed during the continuance of marriage. The Committee is strongly of the view that liberalization of the laws of divorce should essentially be accompanied with appropriate provisions recognizing the legitimate rights of the women on the matrimonial property/assets atleast, in which they have their share of contribution.

NFHS Objection to Chapter – IV – Para 7: NFHS marks our strong protests to the provision of duplication of laws regarding properties. Also this provision could be grossly misused. Going by the misuse of many legislation it could be possible that in order to get properties either spouse may file for divorce under this section with an eye on property within few year of marriage. Since always a new legislation is made with an intention for the benefit of the society but at the same time it is wise to have checks and balances so as to curb probable misuse. Hence NFHS recommends that if at all property clause is added then it should be available to only such couple who will file for divorce under this section after minimum ten years of marriage.

Another suggestion from NFHS is the definition of ‘irretrievable breakdown of marriage’ has to be defined very clearly. Though staying away from each other from many years could be one such criteria, at the same time large number of cases and counter cases between the parties also come within the definition of dead marriages. Hence finally we suggest to call for fresh suggestions, comments and recommendations from general public again and also comprehensive study on this subject so that BILL is not passed in haste.

Some of the press coverage wherein NFHS has strongly opposed the proposed BILL is below.

http://498amisuse.wordpress.com/2010/08/07/dna-coverage/

http://498amisuse.wordpress.com/2010/08/07/nfhs-opposes-marriage-laws-amendment-bill-newspolitan/

http://498amisuse.wordpress.com/2010/08/07/marriage-law-amendment-did-moily-violate-his-promise-megamedia/

http://498amisuse.wordpress.com/2010/08/07/nfhs-opposes-marriage-laws-amendment-bill-newkerala/

http://498amisuse.wordpress.com/2010/08/07/nfhs-opposes-marriage-laws-amendment-bill-webindia/

P Suresh,

President, National Family Harmony Society

Mobile: 9880141531

Categories: Law minister

NFHS Petition to Law commission on 498A

February 25, 2011 Fighting Legal Terror 27 comments

26^th 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 http://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.

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

Categories: Law_Commission

Strong objection to “Protection of Women against Sexual Harassment at Workplace Bill 2010” – Fantastic Draft by Niladri

January 22, 2011 Fighting Legal Terror 1 comment

To, 20^th January 2011 / Bangalore

Shri N S Walia,

Director, Rajya Sabha Secretariat,

Room No 515, 5th Floor, Parliament House Annexe,

New Delhi – 110001, Ph – 011- 23034187

To The Honorable Members of Department Related Parliamentary Standing Committee, on Human Resources Development, headed by Shri Oscar Fernandes, M. P. Rajya Sabha

Sub: Strong objection to DUPLICATION of law & EXTORTION in the name of framing “Protection of Women against Sexual Harassment at Workplace Bill 2010”. A Bill being framed in VIOLATION of Constitution, Universal Declaration of Human Rights & Apex Court Order, just to promote business and income generation for some lawyers

This memorandum is in strong objection to the bill titled “Protection of Women against Sexual Harassment at Workplace Bill 2010”.

Today India is more famous for its astronomical scams and rampant corruption. The outgoing chief of the Central Vigilance Commission openly stated that about 30% of Indians are utterly corrupt and about 50% are on the borderline corrupt and can be corrupted if presented with a situation. Hence given that over 80% of the country is corrupt, what is the justification behind creating laws which can be easily used as weapon for extortion. From the above data it can be concluded with reasonable accuracy that given that half the country is composed of women, over 40% of the Indian women are also corrupt. The media is awash on the rampant possibility of Misuse of the present bill. In this context we would like to bring to the notice of the Hon’ble Members, that our President, Her Excellency Mrs. Pratibha Patil, has repeatedly warned on the massive misuse of gender biased laws, and urged everyone to exercise extreme caution while drafting such bills. The present bill, if passed in the present format, containing numerous loopholes and open to rampant misuse, would be a serious vote bank issue in the coming elections.

Has this Bill been framed only to give employment to Women NGO members!!

Clause 19(h) states, that the Employer, shall “initiate action, under the Indian Penal Code or any other law for the time being in force, against the perpetrator after the conclusion of the inquiry, or without waiting for the inquiry, where the perpetrator is not an employee in the workplace at which the incident of sexual harassment took place.

Or in other words, this Bill would be applicable only for Sexual Harassment cases, when the person is an employee. In such a case, no proof is required of the alleged Sexual Harassment. The person also need not undergo any punishment and only needs to pay money to the alleged victim, which would be again deducted from his salary. For all the other cases of sexual harassment (when he is not an employee), the existent IPC laws would be very much applicable and thus he would have to undergo punishment as per IPC laws, (for which proof is required), and he does not have to need to pay any money to the victim.

Thus it is amply clear that Laws for alleged Sexual harassment already exist in the IPC and this Bill is just a Duplication of Law

The existing Sections of 509 and Section 354 are more than capable to cover all instances of sexual harassment at workplace or at any other place for that matter. The brief description of the sections are given below

Section 509 :- Word, gesture or act intended to insult the modesty of a woman

Section 354 :- Assault or criminal force to woman with intent to outrage her modesty

The three shortcomings in the Present IPC Laws of Sexual Harassment and the real agenda of some Lawyers group, in framing this Bill.

Is this Bill framed only for extortion & employment for women Activists Lawyers!!

First of all under the present IPC laws, the women does not get any monetary compensation for sexual harassment and the perpetrator also gets punished, if found guilty. Moreover, no Women NGO member gets paid for being recruited as committee members under the present IPC laws. In the present bill however, there is no punishment for the perpetrator, whereas the victim gets monetary compensation, for alleged Sexual Harassment, with an elaborate, non required, recruitments of committee members from various women NGOs, whose qualification would be “committed to the cause of women”, and thus get paid by the Government, from Tax Payers hard earned money.

Secondly in the Present IPC laws, the woman needs evidence in the court, to prove her case. In the present bill, however, there is no such requirement as the process of enquiry of the complaint has not been defined. Very special measure like blanket ban of use of RTI on the enquiry proceeding have also been proposed in this bill, making it wide open for rampant misuse.

Thirdly, the present IPC laws are again criminal in nature with the government Public Prosecutors, fighting for the women, with no scope of income generation for the women activist lawyers. In the present bill, the alleged victim would however require lawyers including women activists’ lawyers to fight her case and get monetary compensation for alleged sexual harassments. Thus the present bill would generate huge business and income for lawyers including women activists and simultaneously clog the judicial dockets with non required, multiple cases, as per the very draft of the bill itself. Such a scope of business and income generation for women activist lawyers is unfortunately absent under the present IPC laws.

Suggestion 1

Avoid duplication of law as the very bill states that remedies under present IPC are very much available for the same offense of sexual harassment and can also be easily applied when the perpetrator is not an employee. There is also no bar in the present IPC laws where it apparently states that the very same IPC laws of Sexual Harassment cannot be applicable on persons when he is an employee in any organization, and is only applicable when he not an employee. As it is out clear that the only purpose of the bill is just to give employment to Women NGO members, the government can alternatively, employ such, women NGO members, qualified as “committed to the cause of women” in various other upcoming social schemes, or give them training to upgrade their skill sets or give them easy loans under self employment schemes.

Let us now go through the other various shortcomings of the present draft of the bill, and which requires the following amendments

A. Gender Neutrality

Comments

1) All employers are committed to maintaining a workplace where each employee’s privacy and personal dignity are respected and protected from offensive / threatening behavior, irrespective of gender.

2) The Sexual Harassment at workplace policies prevalent in most of the nations today are gender neutral. According to a report on Sexual harassment at workplace by United Nations Economic Commission of Europe – Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, The Slovak Republic, Slovenia, Spain, Sweden, United Kingdom have policies for Sexual Harassment, that are gender neutral. Even neighboring Pakistan has Gender Neutral Sexual Harassment policies.

3) Surveys recently conducted by the Economic times, and Synovate across 6 Indian cities exposed the fact that men face more sexual harassment than women and must also be given protection.

4) Eminent social workers like Madhu Kishwar supported the fact that the Sexual harassment at Workplace Bill in its present from needs immediate amendment.

As per the Census of India 2001 data, men constitute 68.37% of the total workforce whereas women were 31.63%. Therefore, any effort to prevent or eliminate sexual harassment at workplace should be applicable to employees, irrespective of gender, both in terms of responsibility and liability.

Sexual Harassment at Workplace Bill should thus be made gender neutral so that it does not violate Article 15 of the Constitution which prohibits discrimination on grounds of gender. Moreover, Article 15(3) does not allow women to be exempted for punishment for committing the same crime as men, such as sexual harassment

Suggestion # 2

The Act should be made applicable to all employees, irrespective of their gender. The word woman should be replaced by the word employee in all appropriate places in the draft bill so as to render the proposed draft gender neutral.

B. Committees

B-I Tenure of Committees

Comments

The committees should not be permanent entities. This would help avoid any possibility of malpractice. Committees should be formed only when a complaint is received and appropriate action is warranted on it. They should be disbanded after appropriate action has been taken.

Suggestion # 3

No committee be formed unless to hear a specific complaint.

B-II Remuneration for Committee members

Comments

Section 7(2) and Section 7(4) of the draft bill propose tenure and remuneration for the Committee members. It is strongly recommended that no remuneration or allowances should be made payable to any of the Committee members as it would encourage frivolous and malicious cases to justify such payments.

Suggestion # 4

No remuneration, monetary or otherwise, be provided to the committee members or chairperson.

B. 3 Constitution of committees

B.3-I Appointment of Committee Chairperson and Internal Committee members

Section 7(1)(a) of the draft bill states :- “a Chairperson to be nominated from amongst the eminent women in the field of social work and committed to the cause of women”

Comments

The above proposed section is based on an unjustified, untenable premise that only women are capable of arbitrating complaints of sexual harassment.

Both section 7(1)(a) and 7(1)(c) use the phrase ‘committed to the cause of women’. Even the Supreme Court, Vishakha Judgement does not use the phrase “committed to the cause of women”. This phrase in fact finds mention in several places in the draft bill and its connotation only suggests an inherent bias and prejudice against men. The committee members instead should be individuals with ‘high integrity and a judicious approach’.

Suggestion # 5

Instead of being gender biased and committed to the “cause of women”, the appointment of the Committee Chairperson and members should be on the basis of their integrity and their judicious approach. All appointments should be transparent.

B.3-II NGO Committee member

In section 7(1)(c), the bill states :- “at least one shall be a woman, to be nominated from amongst such non-governmental organisations or associations committed to the cause of women, which may be prescribed”

In section 7(1)(d), the bill states :- Provided that at least one-half of the total Members so nominated shall be women

Comments:

Members external to the organization should not be allowed to arbitrate on the issues that are internal to the organization. Members of women’s groups or non-governmental organizations dealing with issues of violence against women may harbour an inherent bias against men and a fair and equitable probe may not be made available to male victims of sexual harassment. They may also encourage women who are not necessarily harassed, but have other grievances with the organization, to file sexual harassment complaints.

Another stipulation in this section requires that at least fifty per cent of the members so nominated shall be women.

Suggestion # 6 & 7

• No members, external to the employer organization, be allowed in the committee.

• Any stipulation with respect to number of women in the Committee is unnecessary and makes a prejudiced assumption that only women are capable of arbitrating complaints..

Comments

In various sections the committee has been granted various powers to make appropriate recommendations to the employer or District Officer.

i. From the proposed draft bill it is not clear if the employer is bound by the recommendations of the committee.

ii. The process of appeals too is not clearly specified.

iii. Would the recommendation of the committee be open to challenge in a court of law?

iv. Does the respondent have a right to legal counsel during the proceedings on the enquiry?

v. The power of the committee and the process of the enquiry of the complaint should be well defined.

Again Clause 11(2) of the bill states that “the Internal Committee or the Local Committee, as the case may be, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents; and

(c) any other matter which may be prescribed.

We strongly object to the subclause (c) “any other matter which may be prescribed” as such an important bill can’t give huge powers to the committee and at the same time, make clauses ambiguous and open ended.

Suggestion # 8

The powers of the committee and the appeals process should be specified unambiguously. Inadequacies mentioned in (i) to (v) above need to be addressed explicitly. Clause 11(2)c, needs to be deleted, being not specific, ambiguous, and open to various interpretations.

C. Complaints

C-I Conciliation

In section 10 (1), the draft bill states – “The Internal Committee or, as the case may be, the Local Committee, may, before initiating inquiry under section 11 and at the request of the aggrieved woman take steps to settle the matter between her and the respondent through conciliation“.

Comments

A complaint of sexual harassment is a serious complaint, and under no circumstances should the conciliation include any monetary settlements. It is an outrage to the sensibilities of all self respecting men and women that money can be considered as adequate redressal for their loss of dignity. Moreover, monetary payments would only render the proposed statute open for abuse. Various media articles have specially pointed out these serious lacunae of this bill. In fact, this is in clear violation of the Supreme Court, Vishakha Judgement, which does not speak of awarding monetary compensation to a victim of Sexual Harassment, from the respondent, as Apex Court knew very well, that then, the bill, would be open to rampant misuse.

Suggestion # 9

Monetary compensation should not be a part of conciliation proceedings. This would to a large extent help avoid potential for misuse.

C-II Time limit on Filing Complaints

Comments

A time limit within which the complaint needs to be filed from the time of alleged incident is of crucial significance in settling sexual harassment disputes. Justice should be meted out before any evidence is damaged, destroyed, rendered useless or fades away from memory. In fact the complaint should be lodged by the complainant instantaneously and spontaneously without any loss of time. Any delay on this score must be explained to the satisfaction of the concerned authority. In addition, the filing of the complaint needs to be time bound. For example, it would be ridiculous to entertain a complaint of sexual harassment after years of the alleged incident. It is also important to remember that the guilty person should be visited with appropriate reformist action at the earliest, which can be made possible only when the complaint is filed instantaneously.

Suggestion # 10

The complaint should be filed immediately on the occurrence of the alleged incident. Any complaint not filed within a stipulated time period (4 weeks) should be closely scrutinized for veracity before admission and the delay should be explained in writing by the complainant, to the satisfaction of the committee.

C.3 Compensation

C.3-I Silence on action to be taken

The bill in clause 13(3)(i) states that “ to take action for sexual harassment as a misconduct in accordance with the provisions of the service rules applicable to the respondent or where no such service rules have been made, in such manner as may be prescribed;

C.3-II Financial Responsibility

In section 13(3)(ii), the draft bill directs – “to deduct, notwithstanding anything in the service rules applicable to the respondent, from the salary or wages of the respondent such sum of compensation to be paid to the aggrieved woman or to legal heirs, as it may determine, in accordance with the provisions of section 15:”

Comments

First of all the bill is totally silent on what action is to be taken on the respondent, in absence of service rules and states “as may be prescribed”. Or in other words, the draft bill is unfortunately silent on the main issue.

Secondly, loss of salary or wages would be a huge encumbrance on the family of the respondent, potentially including children, who would face economic hardships and could even jeopardize their future. The respondent must not be individually responsible when he/she is in employment of the organization. Rather, it is the responsibility of the organization to police its own employees and ensure they follow the service rules. If they don’t, the employer is responsible to pay the compensation to the victim. The employer can deal with the service aspects of the perpetrator separately in the best interest of their organization. In the western nations, the financial burden of a sexual harassment suit lies with the employer as it is the responsibility of the employer to provide a safe working environment to the employees.

Suggestion # 11

As prevalent in the western world, the Employer should bear the financial burden of the compensation ordered to the aggrieved person. The bill should clearly specify the action to be taken on the respondent in absence of service rules, as that it supposed to be the main purpose of this bill.

C.3-III Determination of Compensation

Comments

All incentives for filing frivolous and malicious complaints should be eliminated. No committee should be empowered to issue any monetary compensation at any stage of the complaint. All avenues for extortion and blackmail should be shut down by divesting the committee of all power to order any monetary incentive to the complainant.

The committee should be given authority only to investigate and submit a report. The question of compensation must be decided by a legal authority whose decisions are available for review by higher judiciary.

Suggestion # 12

The committee should be divested of all powers to order any monetary compensation at any stage of the proceedings.

C.4 False and Malicious complaint

In section 14(1), the bill states – “

Provided further that the malicious intent or falsehood on part of the complainant shall be established after an inquiry in accordance with the procedure prescribed, before any action is recommended”

Comments

When the allegations of sexual harassment cannot be proved against the respondent, then it should recommend action against the complainant immediately, within a maximum specified time limit of 30 days. The bill also states that “in accordance with the procedure prescribed”. We are all aware that most of the cases filed under this bill, would be false. And as no procedure is being spelt out, none would be punished for lodging false cases for ulterior motives. We strongly suggest the deletion of the above phrase to minimise its rampant misuse.

We would also like to humbly remind the Hon’ble Committee Members that on 7th August, 2009, some Women NGOs lobbied for deletion of the Misuse Clause from the draft bill. All the Women MPs, unanimously agreed that a Misuse Clause is very much needed to prevent misuse of this loosely worded bill. Unfortunately, after the above consensus was reached, with the Women MPs, the very misuse clause has been drastically changed to, make the bill, ironically, even more prone to misuse.

Section 14(1), of the bill states that if a complaint is found to be false, the committee “may recommend to the employer or the District Officer, as the case may be, to take action against the woman or the person who has made the complaint”.

The phrase ‘may recommend’ should be changed to “shall recommend” to ensure justice for a respondent falsely accused of sexual harassment.

Suggestion # 13

Mandatory action must be taken against the complainant when the complaint is found to be frivolous or malicious, within a maximum of 30 days.

Suggestion #14

Falsely accused person should have the right to pursue justice in a court of law, and claim appropriate redressal as remedy for the mental trauma, pain, suffering, emotional distress and social censure caused to the falsely accused person.

D. Duties of Employer

Clause 19 (g) states that “provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code or any other law for the time being in force;

Comments on Section 19 (g)

The bill is totally silent on quality of assistance to be provided by the Employer.

Suggestion # 15

The quality of assistance to be provided by the Employer must be spelt out clearly and unambiguously in the bill.

E. Right to the Enquiry Report

Section 16 prohibits the publication or making known, the contents of complaint and enquiry proceedings. Interestingly the bill suggests suppression of information only when the case is False. Information on true cases can however be retrieved through RTI Act. In a report published by the Transparency International, it was found that India’s corruption index showed a marked decline and the single-most reason for the drop in corruption in government was attributed to the Right to Information Act. The RTI Act which has been hailed as a beacon of democracy in India many a times by the Honourable Prime Minister and Leader of the UPA Mrs. Sonia Gandhi cannot be allowed to be trampled in such a manner by some people having vested interest. Even the DoPT has given serious objections in writing against this Clause 16, which brutally tramples the RTI Act.

The Sexual Harassment at Workplace is an outcome of the guidelines framed by Honb’le Supreme Court of India in Vishakha Vs State of Rajasthan (AIR 1997 SC 3011). The guidelines clearly say that “These guidelines will not prejudice any rights available under the Protection of Human Rights Act, 1993”. The above clause is thus a clear contempt of the Apex Court guidelines and a blatant abuse of Human Rights.

Comments

When, either the complainant or the respondent wishes to approach any court of law for justice, they should have a right to the details and proceedings of the enquiry in the enquiry report to provide context to the judiciary.

Suggestion # 16

Section 16 should be deleted. In the event the complainant or the respondent wishes to pursue the matter in judiciary, the enquiry report should be provided to concerned party.

Summary of the above recommendations:

Avoid duplication of law as the very bill states that remedies under present IPC are very much available for the same offense of sexual harassment and can also be easily applied when the perpetrator is not an employee. There is also no bar in the present IPC laws where it apparently states that the very same IPC laws of Sexual Harassment cannot be applicable on persons when he is an employee in any organization, and is only applicable when he not an employee. As it is out clear that the only purpose of the bill is just to give employment to Women NGO members, the government can alternatively, employ such, women NGO members, qualified as “committed to the cause of women” in various other upcoming social schemes, or give them training to upgrade their skill sets or give them easy loans under self employment schemes.
The Act should be made applicable to all employees, irrespective of their gender. The word woman should be replaced by the word employee in all appropriate places in the draft bill so as to render the proposed draft gender neutral.
No committee be formed unless to hear a specific complaint.
No remuneration, monetary or otherwise, be provided to the committee members or chairperson.
Instead of being gender biased and committed to the “cause of women”, the appointment of the Committee Chairperson and members should be on the basis of their integrity and their judicious approach. All appointments should be transparent.
No members, external to the employer organization, be allowed in the committee.
Any stipulation with respect to number of women in the Committee is unnecessary and makes a prejudiced assumption that only women are capable of arbitrating complaints..
The powers of the committee and the appeals process should be specified unambiguously. Inadequacies mentioned in (i) to (v) above need to be addressed explicitly. Clause 11(2)c, needs to be deleted, being not specific, ambiguous, and open to various interpretations.
Monetary compensation should not be a part of conciliation proceedings. This would to a large extent help avoid potential for misuse.
The complaint should be filed immediately on the occurrence of the alleged incident. Any complaint not filed within a stipulated time period (4 weeks) should be closely scrutinized for veracity before admission and the delay should be explained in writing by the complainant, to the satisfaction of the committee.
As prevalent in the western world, the Employer should bear the financial burden of the compensation ordered to the aggrieved person. The bill should clearly specify the action to be taken on the respondent in absence of service rules, as that it supposed to be the main purpose of this bill.
The committee should be divested of all powers to order any monetary compensation at any stage of the proceedings.
Mandatory action must be taken against the complainant when the complaint is found to be frivolous or malicious, within a maximum of 30 days.
Falsely accused person should have the right to pursue justice in a court of law, and claim appropriate redressal as remedy for the mental trauma, pain, suffering, emotional distress and social censure caused to the falsely accused person.
The quality of assistance to be provided by the Employer must be spelt out clearly and unambiguously in the bill.
Section 16 should be deleted. In the event the complainant or the respondent wishes to pursue the matter in judiciary, the enquiry report should be provided to concerned party.

Thanking you

Categories: Parliament

NFHS petition to Chief Justice karnataka

January 15, 2011 Fighting Legal Terror Leave a comment

NHFS/150111/1 15/January/2011

To, Bangalore

Hon’ble Chief Justice of Karnataka

High Court Buildings,

High Court of Karnataka,

Bangalore – 560001

Subject: Regarding non availability of typist in the newly constituted IV, V and VI Family Court, Bangalore

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 http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

At the onset we are grateful to yourself for the proactive measures taken by your office for granting additional family courts to reduce the huge pendency of matrimonial matters, which was one of the long standing requests to the Honorable High Court from our NGO.

Even though the new family courts have started functioning but there are no typists in the new court halls which is severely hampering the work of the newly constituted courts. This in turn is defeating the very purpose for which these courts were constituted i.e. to speed up the matrimonial cases thereby frustrating litigant and advocates who come to the court just to be told the non-availability of typist. For all practical purpose the new court halls are functioning only for the purpose of giving next dates.

We kindly request you to kindly look into this matter at the earliest on a priority and urgent basis so that these new court halls start functioning effectively.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!!

With profound respects,

P Suresh, President,

9880141531

National Family Harmony Society

Categories: Judges

IPC 498A letter by Avani for Rajya Sabha by Avani

December 22, 2010 Fighting Legal Terror 1 comment

प्रेक्षक ,
;;;;;;;;
प्रति,
श्री राकेश नैथानी,
जोइंट डिरेक्टर, राज्य सभा सचिवालय,
पार्लियामेंट हाउस अन्नेक्से,
नयी दिल्ली – ११०००१

विषय : भारतीय दंड संहिता कलम ४९८ ए के संशोधन के लिए सुझाव
आदरणीय महोदय,

मैं अहमदाबाद में रहने वाली एक वरिष्ठ महिला नागरिक हूँ. मैं स्वयं भारतीय दंड संहिता की कलम ४९८ ए के दुरूपयोग से पीड़ित हूँ और यह इच्छा रखती हूँ की इस कलम का जल्दी से संशोधन किये जाना चाहिए नहीं तो इसके ज़रिये भारत के कई मासूम परिवारों का विनाश सुनिश्चित है.

इस विषय में मेरे सुझाव इस प्रकार हैं :

1. इस कानून का दुरूपयोग करने वाली महिला को सख्त से सख्त सजा दी जानी चाहिए. ऐसी परिस्थिति में झूठे आरोप के भोगी परिवार को सरकार द्वारा मुआवज़ा एवं अभियोक्ता लड़की से भी मुआवज़ा दिलवाए जाना चाहिए.

2. जिन मामलों में ये प्रथम दृष्टि पाया जाता है की अभिभोक्ता लड़की के साथ कोई अत्याचार नहीं हुआ, उनमे पति के परिवार के लोगों को आरोपियों की सूची में से हटाये जाना चाहिए और उनपर कोई केस न चलाया जाए.

3. यदि पाया जाए की अभियोक्ता लड़की ने ससुराल पक्ष के सभी अथवा काफी सारे सदस्यों पर आरोप लगाये हैं तो उस लड़की के इरादे पर भी शक करना चाहिए. यदि उनमे से एक भी निर्दोष पुरुष या फिर महिला पर उसने झूठे आरोप लगाये हैं तो येही कारण पर्याप्त है अभियोक्ता को सजा देने के लिए. उसे कानून की किसी भी धारा में कोई भी आर्थिक सहायता नहीं दी जानी चाहिए क्योंकि किसी भी तरह का आर्थिक फायेदा उसके बुरे आचरण को बढ़ावा देगा और कई लड़कियों को झूठे केस करके माननीय कोर्ट व मासूम लोगों का समय नष्ट करने की प्रेरणा देगा.

4. एक ही तरह के आरोपों के बल पर विभिन्न केस करने क अनुमति नहीं दी जानी चाहिए. फिलहाल तो एक ही आरोप पर डोमेस्टिक वायोलेंस एक्ट व ४९८ ए किये जाना शक्य है जिसके कारण झूठे आरोपों में फसे मासूम परिवारों को काफी कष्ट का सामना करना पड़ता है. संक्षेप में कहा जाये तो यदि किसी लड़की ने एक ४९८ ए का केस किया हुआ है तो इस केस के पूरा होने तक उन्ही आरोपों पर डोमेस्टिक वायोलेंस का केस करना संभव नहीं होना चाहिए.

क़ानून की धारा ४९८ ए बनायी गयी थी “महिलाओं” को अत्याचार से बचाने के लिए परन्तु इसके लाभ केवल बहुओं व पत्नियों को ही उपलब्ध हैं. ऐसी स्थिति में देखा जाए तो माँ एवं बहनों के लिए कोई भी कानून नहीं है जो उन्हें भाभी, बहु आदि के अत्याचार से संरक्षण दे. बल्कि देखा जाए तो ऐसे झूठे केसों में फसी महिलाओं के साथ तो पुलिस के अधिकारी भी दुर्व्यवहार करते हैं और सिफ आरोपियों की सूची में नाम होने के कारण उन्हें ये सब सहना भी पड़ता है. दुख की बात तो यह है की ऐसी स्थिति में फसी महिलाओं को तो National Commission for Women से भी कोई सहायता उपलब्ध नहीं है. इन तकलीफों को दूर करने के लिए ४९८ ए में ऐसा एक अनुच्छेद डाले जाना चाहिए की :

ऐसे केसों में फसी महिलाओं को मुकदमें के दौरान आर्थिक सहायता उपलभ करवाइ जाए
ऐसे केसों में फसी महिलाएं यदि बहु अथवा भाभी के द्वारा अपने खिलाफ किये गए अत्याचार का प्रमाण ले आयें तो इसी धारा के प्रावधानों का लाभ उन्हें भी मिलना चाहिए.

आभारी,

Categories: Parliament

Rajya-Sabha-Sub-Committee-498a-individual format 4

December 21, 2010 Fighting Legal Terror 2 comments

23^rd December 2010

Bangalore

To,

Shri Rakesh Naithani, Joint Director,

Rajya Sabha Secretariat, Parliament House Annexe,

New Delhi – 110001 Tel: 011-23035433 (O), Fax: 011-23794328

Subject: Comments/Suggestions regarding amendment to section 498A of the IPC.

IPC section 498a was originally designed to protect married women from being harassed or subjected to cruelty by husbands and/or their relatives. This law was mainly aimed at curbing dowry harassment. Unfortunately, this law has been misused to harass men and their families rather than protect genuine female victims of harassment.

The Supreme Court of India itself has labeled the misuse of section 498a as “legal terrorism” and stated that “many instances have come to light where the complaints are not bona fide and have been filed with an oblique motive. In such cases, acquittal of the accused does not wipe out the ignominy suffered during and prior to the trial. Sometimes adverse media coverage adds to the misery.” In agreement with the above statement, the findings of a study conducted by The Centre for Social Research indicated that “98 percent of the cases filed under IPC section 498a are false”. Nevertheless, the law has been always justified based on its intention of protecting women. At this point it would be worthwhile to think about how IPC section 498a has really affected women.

Going by the conviction rate the proportion of women who have genuine cases is 2%. Most women who file 498A are from urban backgrounds and are either capable of fending for themselves or have enough family support to fall back on. The proportion of women who belong to this category is 98%. In the 98% of false cases, in every instance that 1 daughter-in-law files a false complaint at least 2 women (an innocent mother-in-law and sister-in-law) are arrested and undergo stress, humiliation and harassment in the hands of the exploitative police, lawyers, staff and officials in Indian courts before being acquitted several years later.

The number of cases that are filed in police stations or courts are the basis for the official statistics of dowry harassment. So, given that the law allows women unlimited scope to fabricate lies (with no penalty of perjury) and given that women are encouraged to keep filing false cases the statistics of “dowry harassment” are bound to rise while the problem of genuine harassment is left unchecked. So, the government has, in the name of protection of women, done grave injustice to two groups of women. The first group constitutes the genuine victims of dowry harassment whose misery remains unresolved but is constantly alluded to in order to justify the law. The second group consists of innocent mothers and sisters of husbands who are criminalized and harassed by the police and the legal system without any regard to their age, health or marital status. Pregnant women, unmarried sisters, ailing mothers and even aged grandmothers have been sent behind the bars under false allegations but their pain and suffering has not even been acknowledged leave alone addressed by the Government. Through IPC section 498a, the Government is actually protecting those women that indulge in perjury, blackmail, extortion and harassment of their husbands and in-laws.

WHAT GOVERNMENT COMMITTES, SUPREME COURT AND COMMISSIONS SAY:

MALIMATH COMMITTEE ON REFORMS OF CRIMINAL JUSTICE SYSTEM: There is a general complaint that section 498A of the IPC regarding cruelty by the husband or his relatives is subjected to gross misuse and many times operates against the interest of the wife herself. This offence is non-bailable and non-compoundable. Hence husband and other members of the family are arrested and can be behind the bars which may result in husband losing his job. Even if the wife is willing to condone and forgive the lapse of the husband and live in matrimony, this provision comes in the way of spouses returning to the matrimonial home. This hardship can be avoided by making the offence bailable and compoundable.

Recommendation of Malimath Committee: (118) The Code may be suitably amended to make the offence under Section 498 A of the I.P.Code, bailable and compoundable.

LAW COMMISSION OF INDIA, ONE HUNDRED AND SEVENTY SEVENTH REPORT ON LAW RELATING TO ARREST: Another recommendation made in the 154th Report is to make the offence under section 498A compoundable and place it in sub-section (2) of section 320 which means that it shall be compoundable with the permission of the court. Though there has been some opposition to this recommendation from certain women’s organizations, today there is an overall realization that the said provision is being utilized quite often to harass the relatives of the husband and is being used as a lever of pressure. We may also mention that over the last several years a number of representations have been received by the Law Commission from individuals and organizations to make the said offence compoundable. We are inclined to agree with the same and accordingly reiterate the recommendation in the 154th Report that the offence should be made compoundable with the permission of the court.

LAW COMMISSION OF INDIA, ONE HUNDRED AND FIFTY FOUR REPORT ON code of CrPC, 1973: Recommended to make the offence under section 498a IPC compoundable.

128^th REPORT OF COMMITTEE ON HOME AFFAIRS: [10.1] The Committee reiterates its observations made in the One Hundred and Eleventh Report regarding Section 498A IPC wherein it had recommended that express provisions may be made in Section 320 of CrPC to reflect the availability of compounding of offence to the relatives of the husband. The Committee also feels that offence under section 498 need be made compoundable by the woman concerned in addition to the husband of the woman.

FORMER CJI BALAKRISHNAN ADMITS TO MISUSE OF DOWRY LAWS: Dealing a blow to women’s rights activists who have been stringently defending the Section 498A provision of the Indian Penal Code, Chief Justice of India K G Balakrishnan on Saturday said that in some cases this section — that deals with matrimonial cruelty — was being `grossly misused’. Elaborating on false cases being filed in recent times, the CJI said that relatives not involved with a matrimonial dispute were unfairly implicated. “In some cases, 498A is grossly misused,” he said. Balakrishnan was speaking at a seminar, `Marriage laws — issues and challenges’, organised by the National Commission for Women.

WHAT UNION HOME MINISTRY SAYS: Giving reply to a question in Lok Sabha on Dec3, 2009, Honorable Union Minister for Law & Justice said, “A number of representations have been received from various quarters regarding the misuse of the provision of Section 498A of IPC. Information regarding its misuse is not collected by National Crime Records Bureau. Giving this information in the Lok Sabha to a written question Dr.M.Veerappa Moily, Minister of Law and Justice said that the matter has been referred to the Law Commission of India to study the use of the provision of this section and hold consultation and suggest amendments, if any, to the provision. An advisory has also been issued to the State Governments to prevent the misuse of the said section.”

SUPREME COURT OF INDIA: While deciding CRIMINAL APPEAL NO. 1512 OF 2010 (Arising out of SLP (Crl.) No.4684 of 2009) Preeti Gupta & Another …Appellants Versus State of Jharkhand & Another ….Respondents JUDGMENT Honorable Supreme Court said:

It is a matter of common experience that most of these complaints under section 498-A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern. The tendency of implicating husband and all his immediate relations is also not uncommon. At times, even after the conclusion of criminal trial, it is difficult to ascertain the real truth. The courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases. The allegations of harassment of husband’s close relations who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complaint are required to be scrutinized with great care and circumspection. Experience reveals that long and protracted criminal trials lead to rancour, acrimony and bitterness in the relationship amongst the parties. It is also a matter of common knowledge that in cases filed by the complainant if the husband or the husband’s relations had to remain in jail even for a few days, it would ruin the chances of amicable settlement altogether. The process of suffering is extremely long and painful. Before parting with this case, we would like to observe that a serious relook of the entire provision is warranted by the legislation. It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases.

As is seen from above findings, even the various government committees had recommended from time to time to bring in suitable amendment to 498A IPC but Government has not taken any action on this till now. We undersigned citizens now have hope that our voices of distress and our pain and sufferings will be heard by the Honorable committee and the committee will bring in suitable amendments to 498A IPC which is the most abused and misused law in India. For the kind consideration of the committee we undersigned submits few suggestions and comments.

Misuse of the process of law, not only costs the public exchequer dearly, but also destroys the personal lives of many innocent citizens. Misuse of law should be treated as a serious crime, and persons who use women-protection laws as weapons for settling personal scores in marital disputes should be severely punished. We all know that justice delayed is justice denied. Since currently there is no fear among those who file false cases against husband and in-laws hence we suggest to bring in a misuse clause to the IPC 498A. Thus we suggest to introduce a punishment clause as below: “Whosoever misuses IPC 498A, in any way, to cause harassment to the opposite party, will be sentenced to a term of 3 years, immediately on completion of trial, by the very same court, which was conducting the trial, and would also pay a fine, equal to Rs 1,000,000/- (Rs. Ten Lakhs) to the opposite party.”

We suggest making 498A IPC Gender Neutral as the social situation and circumstances had undergone tremendous change in last 37 years since the law was introduced. Now there are thousands of reports and incidents where wives are treating their husbands and in-laws with cruelty. So such husbands should also have provisions so that in case of harassment and cruelty from wife they should be able to lodge complaint. Hence we suggest to make it gender neutral so that such victim husbands also are able to file complaint.

In the last decade or so a very disturbing trend has emerged in the society and that is “breaking of families at an alarming rate”. If we analyze the reason then the primary reason for this is “Heavy misuse of gender biased laws” like 498A IPC. 498A IPC is non bailable and there is a growing tendency to rush to police station and file false case against husband and all his relatives. It is a known fact that even if husband or his relatives are behind bar even for a day then chances of reconciliation are NIL. Hence we suggest to consider our recommendations to make this section bailable.

As per Home Ministry data, thousands of innocents senior citizens, age old mother-in-laws, pregnant sister-in-laws and school going children have been arrested on a mere complaint and sent to Jail. Hence we suggest to make suitable amendments so that tendency to rope in each and every relative of the husband must be stopped.

All below undersigned signatories citizens are victim of due to the misuse of this law and appeal to the Honourable committee to make suitable amendments. We have already suffered heavy injustice due to the misuse of this law but if suitable amendments are brought in to curb misuse then atleast the future generation will be able to live in a fearless environment of peach and harmony where no one can me harassed and tortured due to misuse of 498A IPC.

Jai Hind!!

Sl no	Name	Address	Contact

Sl no	Name	Address	Contact

Categories: Parliament

Rajya Sabha individual format 3

December 17, 2010 Fighting Legal Terror Leave a comment

16th December 2010 / Bangalore

To,

Shri Rakesh Naithani,Joint Director, Rajya Sabha Secretariat, Parliament House Annexe,

New Delhi – 110001 Tel: 011-23035433 (O), Fax: 011-23794328

Subject: Comments/Suggestions regarding amendment to section 498A of the IPC.

I, ______________________an ordinary citizen of India want to bring to the kind attention of yourself that 498A IPC is one of the most abused and misused provision in this country. The law is so misuse that on a mere complaint of wife police is hell bent to arrest all those named in the FIR without any investigation or proof.

It is a common knowledge that divorce rates have skyrocketed in this country due to various reasons such as urbanization, more and more women are working now hence the couple les less time at home, increase in extra martial affair etc.

Now whenever there is a matrimonial dispute between husband and wife then immediate reaction of the wife and her family member is to rush to the nearest police station and file a complaint. Little realizing that once husband and his family members are humiliated by the unprofessional police (who are not capable to deal a dispute of matrimonial in nature) then all chances of reconciliation are broken.

• I as an ordinary citizen of this country also fails to understand that why a dispute which is of civil in nature is being tried under criminal law?

• I also fail to understand that what is the need and necessity to rush to arrest all the members named in the FIR.

• I also fail to understand why even grandparents and even school going children have been arrested by misusing this Act.

This law is so biased in nature that anyone can be victim of this law. Just to give an example, even senior congressmen and former Chief Minister of Madhya Pradesh Shri Arjun Singh and Former Pakistan cricketer Shoaib Malik has also not been spared from this law.

While no one is questioning protection and safety to women of the society but at the same time law should be dynamic rather than static. The law is made by Honorable parliament by keeping in mind the need of the society. In today’s changed social situation and circumstance, where women are getting equally educated and better employment are filing cases against their husband and his family members at the drop of the hat.

Every failed marriage is being shown as dowry harassment case. No wonder most of these cases are found false by the courts where it is found that complaints are exaggerated and far from truth.

Unfortunately there is no law in this country to defend husband if they are victims of Domestic Violence or cruelty at the hands of their wives. Even the Protection of women from domestic violence Act assumes that only a women can be a victim of domestic violence.

I as an ordinary citizen of this country appeal to the Honorable committee to consider making 498A IPC…

• Gender Neutral (So that such husbands who are victims of cruelty at the hands of wife also can file complaint),

• Bailable (So that no arrest is made just on the basis of a complaint),

• Heavy punishment to those who are found misusing this section.

• No arrest of elderly people, children and other relatives of husband

Yours Sincerely

Name:

Address:

Mobile:

Signature:

Categories: Parliament

Rajya Sabha individual letter format 2

December 17, 2010 Fighting Legal Terror 1 comment

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Date:

Place:

To,

Shri Rakesh Naithani, Joint Director, Rajya Sabha Secretariat, Parliament House Annexe, New Delhi – 110001 Tel: 011-23035433 (O), Fax: 011-23794328

Subject: Comments/Suggestions regarding amendment to section 498A of the IPC.

Sir,

I have come to know that a committee has been formed by Rajya Sabha to consider amendments to the 498A IPC in view of its rampant misuse. I am myself a victim of misuse of this law.

Sir, I would like to point out that this law was made in 1984 with a view to protect women but unfortunately this law has been misused to harass and torture women only.

It is a known fact that just on a complaint of a wife her mother-in-law and sister-in-law are arrested and sent to jail. This is also a matter of common knowledge that in most of the jails the majority of the women under-trials are lodged there due to false complaint by there daughter-in-law.

This IPC section is so cruel that is assumes that all daughter-in-law are sati savitri and all mother-in-law are bad. Whereas the truth is that today’s women are highly educated and socially and financially independent and empowered and they do not care or respect their in-laws.

It will be utter foolishness to assume that a 25-30 year old daughter-in-law who is physically strong can be harassed by mother-in-law who is old and senior citizen. Unfortunately this law does not give any scope to such mother-in-law who are victim of Domestic violence at the hands of their cruel daughter-in-law.

I think in view of rampant misuse the time has come now for making suitable amendments to 498A IPC.

In this regard I suggest following to the Honorable committee of Rajya Sabha for their kind consideration:

Provide protection to age old and helpless mother-in-law who are victim of cruelty of daughter-in-law.
No arrests of sister-in-law who are staying separately and are married.
Do not treat the complaint of wife as gospel of truth without evidence.

Your sincerely

Name:

Address:

Contact:

Categories: Parliament

Rajya Sabha individual letter format 1

December 17, 2010 Fighting Legal Terror 2 comments

Date:

Place:

To,

Shri Rakesh Naithani, Joint Director, Rajya Sabha Secretariat, Parliament House Annexe, New Delhi – 110001 Tel: 011-23035433 (O), Fax: 011-23794328

Subject: Comments/Suggestions regarding amendment to section 498A of the IPC.

Sir,

This is in response to the advertisement published in leading newspapers last month inviting suggestions and comments from various cross section of society regarding proposed amendments to 498A IPC. I am myself a victim of this Draconian law which is heavily abused and misused by cruel wives in a failed marriage to take revenge against husband and his family members to Jail.

Even though the misuse is going on from the inception of this law but the misuse has increased drastically from year 2000 after the Indian Economy started booming. As an ordinary citizen of this country I want to bring to the kind attention of the honorable committee of Rajya Sabha that this IPC section is being grossly misused as legal extortion.

In a failed marriage the tendency of the wife is to give complaint to the police who are hell bent on arresting all those named in the FIR. The extortion starts at the level of the police station. Huge amount of cash is demanded from husband, which runs into several lakhs of rupees, in keeping the status of the husband in mind and in case husband refuse to pay or is unable to pay then all those named are arrested and sent to Jail.

Before to this they are threatened with more false case like DV Act, 125 CrPC 125 etc and are threatened that in case of non payment, husband and his family members have to run around the corridors of court for several years.

Thousands of husbands and their family members have committed suicide as they are unable to bear the humiliation and injustice they have to suffer in the police station at the hands of their daughter in law.

The ordinary citizen of this country do not know what is 498A IPC till he is dragged to the police station and humiliated.

Sir, the rich and mighty people who have money and influence settle their cases by paying huge amount of money to their wife but the real victim in this racket is the poor and middle class people who are unable to either pay the huge demand of money from wife or are not willing to compromise with their self respect.

I think the Honorable committee is aware that even the former chief minister Shri Arjun Singh and Famos pakistani Crickter Shoaib Malik has not been spared and are victim of this law.

Sir, even though there has been continuous and non stop of coverage of media on the issue of heavy misuse of 498A IPC but till now there has been no word from government regarding amendment to this law. But due to the formation of the committee of Rajya Sabha my hopes have been renewed that the pain and suffering of lakhs of Indian family who have suffered and are still suffering will reach Government.

In this regard I suggest following to the Honorable committee of Rajya Sabha for their kind consideration:

As it is a know fact that husband and his family members are humiliated, harassed and tortured in the police station, hence I suggest to remove the role of the police completely in a matrimonial dispute.
As the cases takes many years in the Magistrate court hence special fast track court should be constituted to try these cases.
Heavy punishment of 3 years imprisonment should be introduced to those women who are found misusing this IPC section.

Your sincerely

Name:

Address:

Contact:

Categories: Parliament

Comments/Suggestions from NFHS to Rajya Sabha regarding amendment to section 498A of the IPC

December 5, 2010 Fighting Legal Terror 2 comments

PDF version–>Rajya-Sabha-Sub-Committee-498A

6^th December 2010

Bangalore

To,

Shri Rakesh Naithani, Joint Director, Rajya Sabha Secretariat, Parliament House Annexe,

New Delhi – 110001 Tel: 011-23035433 (O), Fax: 011-23794328

Subject: Comments/Suggestions from “National Family Harmony Society” regarding amendment to section 498A of the IPC.

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 15500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

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

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.

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. Various police authorities had issued standing instructions vide memo to check arbitrary arrests but they are rarely followed in police stations. DGP’s of various states had also issued circulars 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 in India. 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.

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 your 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.

COMMENTS/SUGGESTIONS/RECCOMENDATIONS/REASONING/OBJECTION

Make 498A IPC Gender neutral
1. a. NFHS Objection: Only a wife can make a complaint under IPC 498A against husband. Husband and his family members have no right to complain under 498A IPC even though if they were harassed and tortured by daughter-in-law.
2. b. NFHS reasoning: IPC 498A was introduced long back when the social situation and circumstance were totally different in India. This was around 36 years back. Now the reality is women are highly educated, working and financially independent. It is universal truth that laws cannot be constant. Law needs changes as and when society evolves. Normally a wife in their complaint to the police alleges that her in-laws had been harassing her for dowry. It is even absurd to think that age old parent who might be suffering from various ailments and dieses and are physically weak can harm or harass young daughter-in-law who is educated and physically strong.
3. c. NFHS Suggestion: Make 498A IPC Gender neutral so that such husbands who are victims of cruelty from their wives can also lodge complaint. Hence NFHS suggests to consider making this IPC section gender neutral so such husbands who are victim of cruel behavior can also lodge complaint.

Bring 498A IPC under civil law
1. a. NFHS Objection: IPC 498A is under criminal law even though it deals with a dispute, which is of matrimonial in nature.
2. b. NFHS reasoning: E.g the proceedings under section 125 of the CrPC (even though is criminal procedure code) are basically civil in nature as had been held by Honorable Supreme Court and the trial is conducted in the Family court as it deals with maintenance to wives and parents. Honorable Delhi High court in Narender Kumar And Anr. vs State (Govt. Of Nct Of Delhi) [Along With Crl. Appeal Nos. 748, 749 And 787/2004] held that “A failed marriage is not a crime however, the provisions of Section 498A are being used to convert failed marriages into a crime and the people are using this as tool to extract as much monetary benefit as possible.” Hence a failed marriage must not be criminalized.
3. c. NFHS Suggestion: Bring the IPC 498A under civil law because it deals with matrimonial dispute.

Complaint should be made to magistrate not police
1. a. NFHS Objection: Under IPC 498A complaint is made to the police.
2. b. NFHS reasoning: Since IPC 498A is currently a penal code and hence complaint has to be lodged in the police station and police carries the investigation. Our police system who deals with criminals, also treat a complaint under IPC 498A in similar fashion and husband and his family has to undergo humiliation, harassment, torture, mental agony and the trauma of arrest and subsequent pain of undergoing Judicial Custody due to such arbitrary arrests on a false complaint.
3. c. NFHS Suggestion: Hence NFHS suggests that the role of police should be totally removed in a dispute, which is of matrimonial in nature, and the complaint should be lodged only directly to magistrate.

Introduce heavy punishment in case of misuse of 498A IPC
1. a. NFHS Objection: There is no punishment for the complainant if the complaint is found false and the court acquits husband and his family members.
2. b. NFHS reasoning: While any law is made by Honorable parliament with good intention but much needs to be desired when the law made with good intention gets misused. Data obtained from NCRB, New Delhi shows that only 2% complaint under 498A IPC actually ends in conviction. Thus clearly indicating that most of the complaints are found false and are filed at the heat of the moment with exaggeration at the instigation of family members and relatives to take revenge. As Honorable Supreme court had in Sushil Kumar Sharma vs. Union of India and others, JT 2005(6) 266 observed as: “The object of the provision is prevention of the dowry menace. But as has been rightly contented by the petitioner that many instances have come to light where the complaints are not bonafide and have been filed with oblique motive. In such cases acquittal of the accused does not in all cases wipe out the ignominy suffered during and prior to trial. Sometimes adverse media coverage adds to the misery. The question, therefore, is what remedial measures can be taken to prevent abuse of the well-intentioned provision.”.
3. c. NFHS Suggestion: Introduce heavy punishment of 3 years of imprisonment if complaint is found false. Hence NFHS suggests that a punishment clause must be added to IPC 498A so that people will have fear before filing a false complaint.

Make 498A IPC bailable
1. a. NFHS Objection: As soon as a complain is made, the tendency of the police is to arrest as many people named in the FIR saying it is non bailable.
2. b. NFHS reasoning: Once husband is arrested then any chance of compromise or reconciliation is NIL. Honorable Supreme Court of India in “1994 AIR 1349 1994 SCC (4) 260 JT 1994 (3) 423 1994 SCALE (2) 662” dated “25/04/1994” by Honorable Former Chief Justice VENKATACHALLIAH, M.N. held that “No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter. The recommendations of the Police Commission merely reflect the constitutional concomitants of the fundamental right to personal liberty and freedom. A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified.”
3. c. NFHS Suggestion: NFHS suggests that to make 498A IPC bailable.

Tendency to include as many people as accused in 498A IPC should be stopped
1. a. NFHS Objection: There is a tendency to implicate each and every relative of the husband in the FIR.
2. b. NFHS reasoning: IPC 498A must be amended in such a way so that tendency to name as many relatives in the FIR is curbed. This has become a trend that in case of a matrimonial dispute due to whatever reason wife and her parent rush to the police station and name as many relatives with an intention to take revenge. Honorable Supreme court in CRIMINAL APPEAL NO. 1512 OF 2010 (Arising out of SLP (Crl.) No.4684 of 2009) Preeti Gupta & Another …Appellants Versus State of Jharkhand & Another ….Respondents JUDGMENT held that “The allegations of harassment of husband’s close relations who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complaint are required to be scrutinized with great care and circumspection”.
3. c. NFHS Suggestion: Hence NFHS suggests 498A IPC should be amended in such a way that only at the most only husband should be named in the FIR.

Tendency to make false exorbitant claim in 498A IPC must be stopped
1. a. NFHS Objection: Exorbitant claims are made that huge sum of cash was given as dowry without any proof or evidence.
2. NFHS reasoning: It has become a standard practice that in most of the complaint false claims are made that huge amount of sum was given as dowry even though the financial status of the wife or her parent is nowhere close to that standard. Such false claim of the girl and her parent is taken as gospel of truth and FIR and subsequently chargesheet is registered against all those named in the FIR. The result is all those named in the FIR have to run around the corridors of the courts as the trial takes minimum of 7-8 years. Honorable Delhi High Court in CRL.M.C.7262/2006 held that “Now-a-days, exorbitant claims are made about the amount spent on marriage and other ceremonies and on dowry and gifts. In some cases claim is made of spending crores of rupees on dowry without disclosing the source of income and how funds flowed. I consider time has come that courts should insist upon disclosing source of such funds and verification of income from tax returns and police should insist upon the compliance of the Rules under Dowry Prohibition Act and should not entertain any complaint, if the rules have not been complied with. The Metropolitan Magistrates should take cognizance of the offence under the Act in respect of the offence of giving dowry whenever allegations are made that dowry was given as a consideration of marriage, after demand. Courts should also insist upon compliance with the rules framed under the Act and if rules are not complied with, an adverse inference should be drawn. If huge cash amounts are alleged to be given at the time of marriage which are not accounted anywhere, such cash transactions should be brought to the notice of the Income Tax Department by the Court so that source of income is verified and the person is brought to law. It is only because the Courts are not insisting upon compliance with the relevant provisions of law while entertaining such complaints and action is taken merely on the statement of the complainant, without any verification that a large number of false complaints are pouring in.”
3. c. NFHS Suggestion: NFHS recommends that 498A IPC must be amended in such a way that Income Tax returns and PAN card details of the wife and her parents should be mandatory before registering FIR.

Involve Dowry prohibition officer in case of a complaint under 498A IPC
1. a. NFHS Objection: Dowry prohibition officers are not at all being involved in this process.
2. b. NFHS reasoning: It has become a standard practice that in most of the complaint false claims are made that many articles were given to the husband and his relative as dowry during the marriage without any proof or evidence. Dowry prohibition officer must file an affidavit to the court with proof and evidence of the claims of the wife regarding the dowry exchange.
3. c. NFHS Suggestion: NFHS recommends that 498A IPC must be amended in such a way that till the dowry prohibition officer files an affidavit to the court no arrest should be made.

Marriages are not registered in India
1. a. NFHS Objection: Most of the marriages are not being registered still in India.
2. NFHS reasoning: Many marriages are not being registered in India. The court should not entertain complaint if the marriage was not registered. All marriage certificates must clearly specify any stridhan or dowry, which was given to the wife or to the husband including cash or any articles.
3. NFHS Suggestion: NFHS recommends that 498A IPC must be amended in such a way that no complaint should be entertained if marriage certificate is not produced.

Giving dowry is also crime
1. a. NFHS Objection: Giving dowry is also a crime.
2. NFHS reasoning: As per section 3 of the Dowry prohibition act, giving dowry is also a crime. In most of the false complaints wife and her parents claim that they have given dowry at the time of marriage. Most of such claims are false and are made only with an intention to arrest husband and his family members. If simultaneously a FIR is also booked against wife and her parent then it will instill fear among them not to lodge false complaint. Honorable Delhi High Court in CRL.M.C.7262/2006 held that “I consider where these kinds of allegations are made, the police should simultaneously register a case under Dowry Prohibition Act (in short, the Act) against the parents of the complainant as well, who married their daughter despite demand of dowry. Section 3 of the Act prohibits giving and taking of dowry. If a woman of grown up age and well educated gets married to a person despite dowry demand, she and her family becomes accomplice in the crime under Dowry Prohibition Act.”
3. NFHS Suggestion: NFHS recommends that 498A IPC must be amended in such a way that immediately a FIR against wife and her parents should also be for “Giving dowry”.

Encourage mediation/reconciliation before filing FIR
1. a. NFHS Objection: There are no attempt made by the police for reconciliation or mediation whenever they receive a complaint from wife and her parent alleging dowry harassment and invoking section 498A of the IPC.
2. NFHS reasoning: Honorable Supreme Court in CRIMINAL APPEAL NO. 1512 OF 2010 (Arising out of SLP (Crl.) No.4684 of 2009) Preeti Gupta & Another …Appellants Versus State of Jharkhand & Another ….Respondents held that “It is a matter of common experience that most of these complaints under section 498-A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive.” A large number of disputes can be solved without filing a case if the authorities make a fair attempt to resolve the dispute. Wives who are in matrimonial dispute with husband are wrongly advised to use this section and once a case is registered then any possibility of reunion between husband and wife becomes NIL. Honorable Supreme Court in CRIMINAL APPEAL NO. 1512 OF 2010 (Arising out of SLP (Crl.) No.4684 of 2009) Preeti Gupta & Another …Appellants Versus State of Jharkhand & Another ….Respondents held that “It is also a matter of common knowledge that in cases filed by the complainant if the husband or the husband’s relations had to remain in jail even for a few days, it would ruin the chances of amicable settlement altogether.”
3. NFHS Suggestion: NFHS recommends that 498A IPC must be amended in such a way that as soon as authorities under 498A IPC receive a complaint immediately both the parties should be sent to the mediation center to so that the dispute can be sorted out amicably.

498A IPC must be tried in fast track court
1. a. NFHS Objection: A trial under 498A IPC takes minimum of 5-8 years in the lower court.
2. NFHS reasoning: It is a common knowledge that a trial under 498A IPC takes a minimum of 5-8 years in the trial court and if the matter is appealed to the session court, High court and Supreme Court it can take around 15-20 years. Husband and his relatives spend a significant portion of their life running around the corridors of the court, police station and lawyer’s office.
3. NFHS Suggestion: NFHS recommends that 498A IPC must be amended in such a way that that 498A IPC should be tried in the fast track court with a mandate to deliver judgment in 60 days as is the case in Domestic Violence Act.

Avoid double jeopardy
1. a. NFHS Objection: Wife makes identical allegations in 498A IPC, Domestic Violence and CrPC 125 cases.
2. NFHS reasoning: Apart from 498A IPC wife also file a case of Domestic Violence and CrPC 125 against husband to seek civil relief like maintenance, residence etc. It has become a trend that normally the allegation of the wife against husband in the Domestic violence case is identical to those mentioned in the 498A IPC. Husband has to run from one court to another to defend himself innocent for the same set of allegations. Since the allegations in both the cases are similar hence both Domestic violence case and 498A IPC must be combined together so that a lot of harassment in the form of running around the courts can be reduced. It will not only harassment against husband and his family is reduced but also it will save a significant time of the court thus bringing down pendency.
3. NFHS Suggestion: NFHS recommends that 498A IPC must be amended in such a way that to avoid harassment to husband and his family from double jeopardy all cases must be clubbed together.

No arrests of children and grand parents
1. a. NFHS Objection: We object to the instances of arrest of children and grand parents on a complaint of 498A IPC.
2. b. NFHS reasoning: It is a common knowledge that there are hundreds of incident where on a mere complaint innocents school going children, pregnant sister-in-laws and grand parents had been arrested and sent to Judicial Custody. Honorable Supreme Court of India in “1994 AIR 1349 1994 SCC (4) 260 JT 1994 (3) 423 1994 SCALE (2) 662” dated “25/04/1994” by Honorable Former Chief Justice VENKATACHALLIAH, M.N. held that “No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter. The recommendations of the Police Commission merely reflect the constitutional concomitants of the fundamental right to personal liberty and freedom. A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified.”
3. c. NFHS Suggestion: NFHS recommends that 498A IPC must be amended in such a way that children and grandparents and other relatives must not be arrested.

Stop legal extortion
1. a. NFHS Objection: 498A IPC is being used for legal extortion
2. b. NFHS reasoning: Due to matrimonial disputes women lodge complaint under 498a and later they deny to give divorce to husband when he approaches saying that marriage is on rocks. Women take such double standard which are completely different to each other. It doesn’t make sense for a person to ride on 2 horses at the same time, which are going in opposite directions, unless there is a hidden agenda. Often these women drag the divorce cases in order to harass their husbands so that he will end up paying huge amounts as settlement amount or alimony. This is nothing but legal extortion and legal blackmailing.
3. c. NFHS Suggestion: If anytime during or after the registration of the complaint under 498a or during the mediation/reconciliation courses before the registration of the case, wife expresses her wish to deny the divorce to her husband or if she wishes to continue to live with him then the 498a case should be declared null and void. If wife wishes to continue the case under 498a and also wishes to continue to live with him, then husband should be made eligible for automatic divorce.

P Suresh, President, M Mahesh, General Secretary,

9880141531 9731569970

National Family Harmony Society National Family Harmony Society

Categories: Parliament

Judicial Reforms in Family Court-The Honorable Chief Justice of India

August 27, 2010 Fighting Legal Terror Leave a comment

NHFS/030810/4 03^rd August 2010 / Bangalore

To,

The Honorable Chief Justice of India,

Supreme Court of India, Tilak Marg, New Delhi-110 001 (India)

Subject: Judicial Reforms in Family Court, Bangalore.

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 http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

We seek your personal attention and intervention for Judicial Reforms in Family Court, Bangalore.
Justice Arijit Pasayat, heading a vacation Bench, orally observed that the Hindu Marriages Act “has broken more homes than uniting.” He said: “The growing number of divorce cases in the country is having a disastrous effect on children of families which get broken.” In a lighter vein, he said: “Nowadays even at the time of marriages, anticipatory divorce petitions are being filed.”

The Youth and Vigor lost due to delayed and unending proceedings at the corridors of Justice by the young women and men due to matrimonial discord cannot be recouped. While appreciating the difficulties and constraints faced by The Judiciary in resolving Family Disputes, we would like to highlight the torture and injustices meted out to the litigants and seek your personal intervention to sort out the issues. We feel embarrassed like the Beggers pitying the Donor. With deep regret we invite your kind attention to the patriarchal and gender-biased attitude of the presiding officer’s writ large against the husbands in the matters of awarding maintenance & child custody are driving the men to the extent of committing suicide and losing their valuable lives.

Present status at family court, Bangalore: We understand that thousands of cases, which are many year old are pending disposal before the 4 family courts at Bangalore. In the last 2 years many presiding officers were transferred and one of the family courts did not have a presiding officer for a long time. We give below the sad state of functioning of the Family Court, Bangalore.

1. The concept of amicus curie as envisioned u/s 13 of the Family Courts Act is grossly violated without understanding purport benefit of the clause. The advocates are given a free hand in the name of amicus curie that is expected only to assist the presiding officer. Each party is permitted to engage an advocate in the name of amicus curie which is defeating the very purpose of the legislation. They hijack the issues on procedures and rules besides leading to intimidating atmospheres both to the presiding officer and litigant.
2. The section 10(3) of the Family courts act bestows ample leg room for the presiding officer to have flexible procedures but this provision is hardly used for the benefit of the litigant. Particularly the provision of recording the evidence as gist is not followed and evidence of witnesses are recorded at length.

3. The provision regarding the non applicability of Evidence Act is ignored and elaborate procedures are followed from every available legislation causing unending delays.

4. The rules required to be framed for the Family courts as suggested by the National Commission for Women are ignored leading to anarchy in Family Courts.
5. Almost all cases are consecutively adjourned routinely by a minimum period of 2 months.
6. Knowing very well the trial can be started only after 2-3 years the physical presence of the litigants are religiously insisted upon on every hearing.
7. Interim orders for custody of child or maintenance as a matter of routine is awarded not before many months on filing the application and almost detrimental to the interest of the child as well as the father.

8. When both parties are deliberately lying under oath in the matter of proof of earning, allegations of harassment the presiding officers do not show any inclinations to take action for contempt of court or perjury.
9. The conciliation and mediation procedures under sec 9 of Family Courts Act are more abused only to drag on the proceedings at least for about 6 months as if mediations are mandatory. While mediations become impossible in a 498A IPC case or in adultery or void claims or impotence of parties are mechanically referred to mediations resulting into further escalation of tension & violence.

10. When both parties seek divorce on different grounds/allegations the matter is unnecessarily dragged for years under the illusionary concept that “Family Courts are for Uniting Couples”. It is a futile exercise attempting to unite warring couples.
11. What the relatives and the social circle cannot achieve is sought to be achieved that too by an over burdened presiding officer. Even assuming a few couple could be united; the untold trauma undergone by majority of the other warring couples is to be gone through to understand the crux of the problem raised.

We wish to present the following list of proposals and suggestions to your kind self for Judicial Reforms in Family Court, Bangalore:

Induct more judges and extend the court timings to late evenings.
Family courts should start an evening shift in addition to the regular day shift.
Due to the heavy pendency of the cases Family Courts should operate on Sundays also with additional judges.
Additional 6 more family courts in addition to the existing 4 family courts should be opened without any further delay to cope up with the huge pendency.
The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
The Family Courts to officially suspend the practice of summer vacation to the benches till the time limit of Six months is met.
The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
All long-pending (one year and above) cases should be transferred to the Fast Track Courts to dispose of within a time limit.
Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” that are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal case.
Presiding officers should initiate Suo Motto Perjury/Contempt of Court proceedings if the litigants are found lying under the oath.
Counseling should not be insisted in cases criminal cases like 498A IPC/Domestic Violence etc are pending.
Interim Applications must be disposed in a week.
Presence of the litigants must not be insisted unless it is absolutely necessary.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!! With profound respects,

P Suresh, President,

National Family Harmony Society

9880141531

Categories: Judges

Judicial Reforms in Family Court-Hon’ble Chief Justice of Karnataka

August 27, 2010 Fighting Legal Terror Leave a comment

NHFS/030810/9 03^rd August 2010 / Bangalore

To,

Hon’ble Chief Justice of Karnataka

High Court Buildings, High Court of Karnataka, Bangalore.

Subject: Judicial Reforms in Family Court, Bangalore.

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 http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

3. The provision regarding the non applicability of Evidence Act is ignored and elaborate procedures are followed from every available legislation causing unending delays.

We wish to present the following list of proposals and suggestions to your kind self for Judicial Reforms in Family Court, Bangalore:

Induct more judges and extend the court timings to late evenings.
Family courts should start an evening shift in addition to the regular day shift.
Due to the heavy pendency of the cases Family Courts should operate on Sundays also with additional judges.
Additional 6 more family courts in addition to the existing 4 family courts should be opened without any further delay to cope up with the huge pendency.
The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
The Family Courts to officially suspend the practice of summer vacation to the benches till the time limit of Six months is met.
The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
All long-pending (one year and above) cases should be transferred to the Fast Track Courts to dispose of within a time limit.
Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” that are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal case.
Presiding officers should initiate Suo Motto Perjury/Contempt of Court proceedings if the litigants are found lying under the oath.
Counseling should not be insisted in cases criminal cases like 498A IPC/Domestic Violence etc are pending.
Interim Applications must be disposed in a week.
Presence of the litigants must not be insisted unless it is absolutely necessary.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!! With profound respects,

P Suresh, President,

National Family Harmony Society

9880141531

Categories: Judges

Judicial Reforms in Family Court-Hon’ble Principal Judge

August 27, 2010 Fighting Legal Terror Leave a comment

NHFS/030810/3 03^rd August 2010 / Bangalore

To,

Hon’ble Principal Judge
Family court of Bangalore, Nyaya Degula

Bangalore-500027

Subject: Judicial Reforms in Family Court, Bangalore.

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 http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

3. The provision regarding the non applicability of Evidence Act is ignored and elaborate procedures are followed from every available legislation causing unending delays.

We wish to present the following list of proposals and suggestions to your kind self for Judicial Reforms in Family Court, Bangalore:

Induct more judges and extend the court timings to late evenings.
Family courts should start an evening shift in addition to the regular day shift.
Due to the heavy pendency of the cases Family Courts should operate on Sundays also with additional judges.
Additional 6 more family courts in addition to the existing 4 family courts should be opened without any further delay to cope up with the huge pendency.
The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
The Family Courts to officially suspend the practice of summer vacation to the benches till the time limit of Six months is met.
The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
All long-pending (one year and above) cases should be transferred to the Fast Track Courts to dispose of within a time limit.
Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” that are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal case.
Presiding officers should initiate Suo Motto Perjury/Contempt of Court proceedings if the litigants are found lying under the oath.
Counseling should not be insisted in cases criminal cases like 498A IPC/Domestic Violence etc are pending.
Interim Applications must be disposed in a week.
Presence of the litigants must not be insisted unless it is absolutely necessary.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!! With profound respects,

P Suresh, President,

National Family Harmony Society

9880141531

Categories: Judges

Judicial Reforms in Family Court-Hon’able Mr. Veerappa Moily, Hon’ble Minister, Law & Justice

August 27, 2010 Fighting Legal Terror Leave a comment

NHFS/030810/5 03^rd August 2010 / Bangalore

To,

Hon’able Mr. Veerappa Moily, Hon’ble Minister, Law & Justice,

Ministry of Law and Justice, 4th Floor, A-Wing, Shastri Bhawan, New Delhi – 110 001

Subject: Judicial Reforms in Family Court, Bangalore.

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 http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

3. The provision regarding the non applicability of Evidence Act is ignored and elaborate procedures are followed from every available legislation causing unending delays.

We wish to present the following list of proposals and suggestions to your kind self for Judicial Reforms in Family Court, Bangalore:

Induct more judges and extend the court timings to late evenings.
Family courts should start an evening shift in addition to the regular day shift.
Due to the heavy pendency of the cases Family Courts should operate on Sundays also with additional judges.
Additional 6 more family courts in addition to the existing 4 family courts should be opened without any further delay to cope up with the huge pendency.
The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
The Family Courts to officially suspend the practice of summer vacation to the benches till the time limit of Six months is met.
The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
All long-pending (one year and above) cases should be transferred to the Fast Track Courts to dispose of within a time limit.
Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” that are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal case.
Presiding officers should initiate Suo Motto Perjury/Contempt of Court proceedings if the litigants are found lying under the oath.
Counseling should not be insisted in cases criminal cases like 498A IPC/Domestic Violence etc are pending.
Interim Applications must be disposed in a week.
Presence of the litigants must not be insisted unless it is absolutely necessary.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!! With profound respects,

P Suresh, President,

National Family Harmony Society

9880141531

Categories: Law minister

Judicial Reforms in Family Court, Bangalore-Chief Secretary to Government of Karnataka

August 27, 2010 Fighting Legal Terror Leave a comment

NHFS/030810/10 03^rd August 2010 / Bangalore

To,

Shri S.V. Ranganath,
Chief Secretary to Government of Karnataka
Room No.320, III Floor, Vidhana Soudha,Bangalore-560 001

Subject: Judicial Reforms in Family Court, Bangalore.

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 http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

We seek your personal attention and intervention for Judicial Reforms in Family Court, Bangalore.

Justice Arijit Pasayat, heading a vacation Bench, orally observed that the Hindu Marriages Act “has broken more homes than uniting.” He said: “The growing number of divorce cases in the country is having a disastrous effect on children of families which get broken.” In a lighter vein, he said: “Nowadays even at the time of marriages, anticipatory divorce petitions are being filed.”

3. The provision regarding the non applicability of Evidence Act is ignored and elaborate procedures are followed from every available legislation causing unending delays.

9. The conciliation and mediation procedures under sec 9 of Family Courts Act are more abused only to drag on the proceedings at least for about 6 months as if mediations are mandatory. While mediations become impossible in a 498A IPC case or in adultery or void claims or impotence of parties are mechanically referred to mediations resulting into further escalation of tension & violence.

We wish to present the following list of proposals and suggestions to your kind self for Judicial Reforms in Family Court, Bangalore:

Induct more judges and extend the court timings to late evenings.
Family courts should start an evening shift in addition to the regular day shift.
Due to the heavy pendency of the cases Family Courts should operate on Sundays also with additional judges.
Additional 6 more family courts in addition to the existing 4 family courts should be opened without any further delay to cope up with the huge pendency.
The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
The Family Courts to officially suspend the practice of summer vacation to the benches till the time limit of Six months is met.
The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
All long-pending (one year and above) cases should be transferred to the Fast Track Courts to dispose of within a time limit.
Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” that are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal case.
Presiding officers should initiate Suo Motto Perjury/Contempt of Court proceedings if the litigants are found lying under the oath.
Counseling should not be insisted in cases criminal cases like 498A IPC/Domestic Violence etc are pending.
Interim Applications must be disposed in a week.
Presence of the litigants must not be insisted unless it is absolutely necessary.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!! With profound respects,

P Suresh, President,

National Family Harmony Society

9880141531

Categories: IAS

Judicial Reforms in Family Court, Bangalore-Honorable Governor of Karnataka

August 27, 2010 Fighting Legal Terror Leave a comment

NHFS/030810/2 03^rd August 2010 / Bangalore

To,

Honorable Governor of Karnataka
Raj Bhavan, Raj Bhavan Road, Bangalore – 560 001

Subject: Judicial Reforms in Family Court, Bangalore.

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 http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

3. The provision regarding the non applicability of Evidence Act is ignored and elaborate procedures are followed from every available legislation causing unending delays.

We wish to present the following list of proposals and suggestions to your kind self for Judicial Reforms in Family Court, Bangalore:

Induct more judges and extend the court timings to late evenings.
Family courts should start an evening shift in addition to the regular day shift.
Due to the heavy pendency of the cases Family Courts should operate on Sundays also with additional judges.
Additional 6 more family courts in addition to the existing 4 family courts should be opened without any further delay to cope up with the huge pendency.
The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
The Family Courts to officially suspend the practice of summer vacation to the benches till the time limit of Six months is met.
The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
All long-pending (one year and above) cases should be transferred to the Fast Track Courts to dispose of within a time limit.
Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” that are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal case.
Presiding officers should initiate Suo Motto Perjury/Contempt of Court proceedings if the litigants are found lying under the oath.
Counseling should not be insisted in cases criminal cases like 498A IPC/Domestic Violence etc are pending.
Interim Applications must be disposed in a week.
Presence of the litigants must not be insisted unless it is absolutely necessary.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!! With profound respects,

P Suresh, President,

National Family Harmony Society

9880141531

Categories: Governor

Judicial Reforms in Family Court, Bangalore-Honorable Prime Minister of India

August 27, 2010 Fighting Legal Terror Leave a comment

NHFS/030810/7 03^rd August 2010 / Bangalore

To,

Honorable Prime Minister of India,

Prime Minister’s Office, Room No: 148 B, South Block, New Delhi – 110001

Subject: Judicial Reforms in Family Court, Bangalore.

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 http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

3. The provision regarding the non applicability of Evidence Act is ignored and elaborate procedures are followed from every available legislation causing unending delays.

We wish to present the following list of proposals and suggestions to your kind self for Judicial Reforms in Family Court, Bangalore:

Induct more judges and extend the court timings to late evenings.
Family courts should start an evening shift in addition to the regular day shift.
Due to the heavy pendency of the cases Family Courts should operate on Sundays also with additional judges.
Additional 6 more family courts in addition to the existing 4 family courts should be opened without any further delay to cope up with the huge pendency.
The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
The Family Courts to officially suspend the practice of summer vacation to the benches till the time limit of Six months is met.
The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
All long-pending (one year and above) cases should be transferred to the Fast Track Courts to dispose of within a time limit.
Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” that are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal case.
Presiding officers should initiate Suo Motto Perjury/Contempt of Court proceedings if the litigants are found lying under the oath.
Counseling should not be insisted in cases criminal cases like 498A IPC/Domestic Violence etc are pending.
Interim Applications must be disposed in a week.
Presence of the litigants must not be insisted unless it is absolutely necessary.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!! With profound respects,

P Suresh, President,

National Family Harmony Society

9880141531

Categories: Prime Minister

Judicial Reforms in Family Court, Bangalore-Honorable President of India

August 27, 2010 Fighting Legal Terror Leave a comment

NHFS/030810/8 03^rd August 2010 / Bangalore

To,

Honorable President of India,

President’s Office, Rashtrapati Bhavan, New Delhi – 110011

Subject: Judicial Reforms in Family Court, Bangalore.

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 http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

3. The provision regarding the non applicability of Evidence Act is ignored and elaborate procedures are followed from every available legislation causing unending delays.

We wish to present the following list of proposals and suggestions to your kind self for Judicial Reforms in Family Court, Bangalore:

Induct more judges and extend the court timings to late evenings.
Family courts should start an evening shift in addition to the regular day shift.
Due to the heavy pendency of the cases Family Courts should operate on Sundays also with additional judges.
Additional 6 more family courts in addition to the existing 4 family courts should be opened without any further delay to cope up with the huge pendency.
The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
The Family Courts to officially suspend the practice of summer vacation to the benches till the time limit of Six months is met.
The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
All long-pending (one year and above) cases should be transferred to the Fast Track Courts to dispose of within a time limit.
Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” that are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal case.
Presiding officers should initiate Suo Motto Perjury/Contempt of Court proceedings if the litigants are found lying under the oath.
Counseling should not be insisted in cases criminal cases like 498A IPC/Domestic Violence etc are pending.
Interim Applications must be disposed in a week.
Presence of the litigants must not be insisted unless it is absolutely necessary.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!! With profound respects,

P Suresh, President,

National Family Harmony Society

9880141531

Categories: President

Judicial Reforms in Family Court, Bangalore-Honorable Law Minister of Karnataka

August 27, 2010 Fighting Legal Terror Leave a comment

NHFS/030810/6 03^rd August 2010 / Bangalore

To,

Honorable Law Minister of Karnataka,

Ministry for Law & Parliamentry Affairs, #327, Vidhan soudha, Bangalore-560001

Subject: Judicial Reforms in Family Court, Bangalore.

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 http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

3. The provision regarding the non applicability of Evidence Act is ignored and elaborate procedures are followed from every available legislation causing unending delays.

We wish to present the following list of proposals and suggestions to your kind self for Judicial Reforms in Family Court, Bangalore:

Induct more judges and extend the court timings to late evenings.
Family courts should start an evening shift in addition to the regular day shift.
Due to the heavy pendency of the cases Family Courts should operate on Sundays also with additional judges.
Additional 6 more family courts in addition to the existing 4 family courts should be opened without any further delay to cope up with the huge pendency.
The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
The Family Courts to officially suspend the practice of summer vacation to the benches till the time limit of Six months is met.
The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
All long-pending (one year and above) cases should be transferred to the Fast Track Courts to dispose of within a time limit.
Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” that are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal case.
Presiding officers should initiate Suo Motto Perjury/Contempt of Court proceedings if the litigants are found lying under the oath.
Counseling should not be insisted in cases criminal cases like 498A IPC/Domestic Violence etc are pending.
Interim Applications must be disposed in a week.
Presence of the litigants must not be insisted unless it is absolutely necessary.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!! With profound respects,

P Suresh, President,

National Family Harmony Society

9880141531

Categories: Law minister

Judicial Reforms in Family Court, Bangalore-CM-KA

August 27, 2010 Fighting Legal Terror Leave a comment

NHFS/030810/1 03^rd August 2010 / Bangalore

To,

SHRI B.S. YEDDYURAPPA, Honorable Chief Minister

Room No. 323, Vidhana Soudha, Bangalore-560001

Subject: Judicial Reforms in Family Court, Bangalore.

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 http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

3. The provision regarding the non applicability of Evidence Act is ignored and elaborate procedures are followed from every available legislation causing unending delays.

We wish to present the following list of proposals and suggestions to your kind self for Judicial Reforms in Family Court, Bangalore:

Induct more judges and extend the court timings to late evenings.
Family courts should start an evening shift in addition to the regular day shift.
Due to the heavy pendency of the cases Family Courts should operate on Sundays also with additional judges.
Additional 6 more family courts in addition to the existing 4 family courts should be opened without any further delay to cope up with the huge pendency.
The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
The Family Courts to officially suspend the practice of summer vacation to the benches till the time limit of Six months is met.
The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
All long-pending (one year and above) cases should be transferred to the Fast Track Courts to dispose of within a time limit.
Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” that are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal case.
Presiding officers should initiate Suo Motto Perjury/Contempt of Court proceedings if the litigants are found lying under the oath.
Counseling should not be insisted in cases criminal cases like 498A IPC/Domestic Violence etc are pending.
Interim Applications must be disposed in a week.
Presence of the litigants must not be insisted unless it is absolutely necessary.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!! With profound respects,

P Suresh, President,

National Family Harmony Society

9880141531

Categories: Chief Minister - KA

Opposing MARRIAGE LAWS (AMENDMENT) BILL, 2010

August 18, 2010 Fighting Legal Terror 4 comments

To:-

THE COUNCIL OF STATES (RAJYA SABHA)

The petition of Suresh P, XXXXXXXXXXXXXX, Bangalore

Sheweth

1) Amending section 13D of the MARRIAGE LAWS (AMENDMENT) BILL, 2010 to make it gender neutral

2) Condition of finishing all litigations between the Husband and Wife before granting divorce in grounds of Irretrievable breakdown

and accordingly your petitioner pray that

“Special provision be made in the MARRIAGE LAWS (AMENDMENT) BILL, 2010 so that In cases where the husband is the respondent to a petition for the dissolution of marriage by a decree of divorce under section 13C, he also may oppose the grant of a decree on the ground, just like the wife that the dissolution of the marriage will result in grave financial hardship to him and that it would in all the circumstances be wrong to dissolve the marriage”

And

“An amendment will be inserted into the MARRIAGE LAWS (AMENDMENT) BILL, 2010 that decree of divorce be granted only when all litigation including but not limited to child custody between the husband and the wife has been resolved to the satisfaction of either of the parties, with the post condition that no party will initiate any other litigation against each other once the divorce decree has been granted”

And

“Since this amendment is brought by Law Ministry in hurry without any public debate hence this BILL be returned to the Law ministry to consider the strong objection of the citizens of this country and bring in fresh BILL which is gender neutral”

To,
The Secretary-General,
Rajya Sabha, Parliament House,
New Delhi 110001

Subject: Prayer to return back the proposed MARRIAGE LAWS (AMENDMENT) BILL, 2010, to Union Law Ministry as it is not Gender Neutral and unconstitutional and brought to the Rajya Sabha without any public debate and opinion and also there is heavy scope of misuse of the proposed amendments.

Honorable Secretary-General,

This is with regard to the proposed MARRIAGE LAWS (AMENDMENT) BILL, 2010 tabled by the Honorable Law Minister Shri Veerappa Moily on the table of the Rajya Sabha to amend the Hindu Marriage Act and Special Marriage Act to make Irretrievable breakdown a new ground for divorce. We strongly oppose the proposed amendment to the Hindu Marriage Act on the following grounds among others.

Grounds

1. Proposed amendment is not Gender Neutral

We would like to bring to your kind notice and attention that Honorable minister for law and justice has promised in the past to make all the new law to be Gender Neutral and amend the current laws to be of Gender Neutral. Please refer to various media report published in this regard.

http://timesofindia.indiatimes.com/india/Gender-neutral-laws-in-4-yrs-Moily/articleshow/ 5496423.cms

The proposed amendments are not gender neutral. Though the promise of the law minister regarding Gender neutral was not made on the floor of the house but even then being a Union Minister he cannot keep making promise to the citizens of this country and do contrary things on the floor of the house. We feel misleading the citizens of this country should equally attract contempt proceeding as misleading the floor of the house.

2. Proposed Section 13D of the Irretrievable Breakdown of marriage law duplicates the Maintenance laws once again

There is a very severe and disturbing trend these days for create duplicate laws in the Gender area when existing laws serve the same purpose. Indian Maintenance laws where maintenance can be demanded by a wife using 5 separate laws namely HMA 24, HMA 25, CrPC 125, DV Act Sec12 and Hindu adoption and succession Act (Section 18). Most litigants use at least 3 at any time to maximize their gains from misusing maintenance laws. If the proposed BILL is passed then there will be total of 6 sections under which a Hindu women can claim maintenance. This will lead to unnecessary complications and duplication of laws.

3. Discrimination against Indians Fathers in Child Custody cases will increase

A divorce between husband and wife should not become divorce between father and children. In the best of children a separation between husband and wife should also include provisions on mechanism to deal child custody matters. It is universally accepted fact that a child can be brought in the best manner if he/she gets shared parenting. The proposed BILL is silent on the issue of Child Custody.

4. The Controversial sections

Under Proposed Section 13 D Wife has right to oppose petition on grounds of “Financial Hardship”. It clearly ignores large number of cases where husbands have filed for maintenance under Hindu Marriage Act from wife. It is really unfortunate that a Law even at the stage of proposal has loopholes and do not have provisions to deal with all permutations and combinations of litigation which can arise in a court of law. A law must be made by thinking of all possible scenarios which can arise in present and future. We feel our law makers have miserably failed while drafting this BILL.

5. Against the intension of the Supreme Court

The proposed BILL is totally against the basic intention of the Supreme Court Judgment “Naveen Kohli vs Neelu Kohli on 21 March, 2006“ in which the observation made was:

“marriage between the parties had broken down irretrievably with a view to restore good relationship and to put a quietus to all litigations between the parties and not to leave any room for future litigation, so that they may live peacefully hereafter, and on the request of the parties, in exercise of the power vested in this Court under Article 142 of the Constitution of India, the Court allowed the application for divorce by mutual consent filed before it under Section 13-B of the Hindu Marriage Act and declared the marriage dissolved and granted decree of divorce by mutual consent.”

From a plain reading of the above observation it is very clear that the intention of the highest court was to give relief to both the parties out of a dead marriage so as to close all the pending litigation between parties so that they can spend the remaining part of the life peacefully. But unfortunately the proposed BILL is completely contrary to the intention of the Supreme Court observation. The proposed BILL is silent on what will happen to the pending cases like Domestic Violence Act, 498A IPC, Child Custody, CrPC 125 and any other Civil and Criminal cases.

6. No public debate or opinion was sought

It is really unfortunate that no public opinion or debate was sought before proposing such an important amendment. We the common citizens of this country, were kept in complete dark and came to know about the proposed BILL when the Cabinet approved the proposed BILL and was widely reported in Media on 10^th June 2010. Government did not consider to even obtain the opinion of the NGOs working across India to seek their opinion on the proposed BILL.

7. BILL do not cater to every section of society

Any amendment to an important Act must be done in such a careful way that it should cater to all the sections of the society. The social system in India has undergone dramatic and sweeping changes in the last decade due to the liberalisation and booming of the economy which has given opportunity to women who are economically well off and financially independent. Just to think that women are only weak and need protection and it is always MEN who are harassing a wife shows complete disconnect of the Law Ministry from the ground realities. We would like to draw your attention to the fact that Women are increasingly doing crime and violence against MEN is being widely reported by Media nowadays. In this context, not allowing husband to break from an abusive and violent wife is injustice and in this context the proposed BILL is a disaster.

8. No study was done regarding the impact of the BILL

Law ministry has not done any study or research to see the impact of the proposed BILL on the society, burden on Judiciary, Misuse etc. The social impact in India of the irretrievable-breakdown clause should be rigorously studied and watertight safeguards for both genders including children must be put in place before it is introduced.

Prayer

We vide this petition pray that the following amendments be inserted into the MARRIAGE LAWS (AMENDMENT) BILL, 2010

1. Amend 13D to make the law gender neutral

13D to amended to ensure that both spouses may oppose the grant of a decree on the ground that the dissolution of the marriage will result in grave financial hardship to them and that it would in all the circumstances be wrong to dissolve the marriage. The decision of satisfying the financial responsibilities will then depend on the court and this would be decided based on the merits of the case.

2. Condition of finishing all litigation before divorce is granted

In keeping view of the intention of the Supreme Court the proposed BILL must be amended to make sure that all proposed litigation between the parties are settled before granting divorce under the proposed section.

3. Fresh process of amendment be started

For the reasons best known to the Law Ministry, no public opinion was obtained from the common citizens of this country before bringing in the necessary amendments to such an important Act. The common man of the country came to know about the amendment when the cabinet cleared the BILL and it got wide publicity in the media.

Yours Sincerely

Suresh P, XXXXXXXXXXXXXX, Bangalore

Categories: Parliament

NFHS Thanks Law Minister-KA for proactive steps for Family Court Reforms

August 6, 2010 Fighting Legal Terror Leave a comment

NHFS/060810/1 06^th August 2010 / Bangalore

To,

Honorable Law Minister of Karnataka,

Ministry for Law & Parliamentry Affairs
#327, Vidhan soudha, Bangalore-560001

Subject: Regarding Functioning of Family Court, Bangalore in Evening/Morning/Holiday Shifts

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 http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

This is with regard to the article published in “Bangalore Mirror” dated 06^th August 2010. The said article is attached herewith for your kind reference.

As per this news Article Government of Karnataka is considering Weekend Courts and Evening Courts to give some relief to the litigants who are unable to attend the court as they are unable to take frequent leave in the office. This is one of the long pending demands of our NGO and we had given numerous petitions to your ministry.

We sincerely thank you for the efforts taken by your ministry to reform the functioning of the Family Courts in Bangalore. We are happy to record our appreciation and specifically thank to you for the proactive initiatives taken to reforms of Family Court which will save the honor and life of the litigant couples. Though many of our demands are still pending and much needs to be done but we are confident that every single step regarding Family Court reforms will have a direct bearing on the personal lives of the litigants.

We take this opportunity to again express our deep appreciation to you and request to kindly consider our other list of proposals and suggestions apart from “Evening/Holiday/Morning Shifts”:

Additional 6 more family courts in addition to the existing 4 family courts should be opened without any further delay to cope up with the huge pendency.
The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
The Family Courts to officially suspend the practice of summer vacation to the benches till the time limit of Six months is met.
The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
All long-pending (one year and above) cases should be transferred to the Fast Track Courts to dispose of within a time limit.
Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” that are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal case.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!!

With profound respects,

P Suresh, President, M Mahesh

9880141531 9731569970

National Family Harmony Society National Family Harmony Society

Categories: Law minister

MP_series_1_498A_Official_Address

August 4, 2010 Fighting Legal Terror Leave a comment

NHFS/040810/2 04^th August 2010

Bangalore

To,

Honorable Member of Parliament,

New Delhi – 110001

Subject: National Family Harmony Society® (NFHS) appeal yourself to kindly raise question in the Parliament regarding Heavy Misuse of 498A IPC and other Dowry related Laws by estranged wives.

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 http://www.family-harmony.org / http://www.498a.org.in.

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 misused. 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.

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, of various cities like Bangalore, Hyderabad, Delhi etc had issued standing instructions vide memo to check arbitrary arrests. DGP’s of various states had also issued circulars 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 across all states in India. 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.

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. So it is amply clear that under the prevailing circumstances, arrest is inevitable for any man facing allegations of abuse or assault. 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 the lights of above facts we, National Family Harmony Society® (NFHS) requests your-self to:

Kindly raise question in the Parliament regarding heavy misuse of Dowry Related Laws.
Apprise Union Home/Law Ministers in particular and other Union Ministers regarding heavy misuse of the Dowry Related Laws.
Sensitize the Government and other MPs to bring in necessary amendments to these laws to prevent misuse.

P Suresh, President

9880141531

National Family Harmony Society

Enclosures:

A) Advisory by Union Ministry of Home Affairs

B) Article from The Sunday Indian; Dowry Law Sec 498(A)–How and why the law is an ass.

Categories: MP

Exhaustive and Appropriate guidelines for Karnataka to curb the Heavy misuse of 498A IPC

July 29, 2010 Fighting Legal Terror Leave a comment

30^th July 2010

Bangalore

To,

Hon’ble Chief Justice of Karnataka

High Court Buildings,

High Court of Karnataka, Bangalore.

Subject: Request your personal intervention for Exhaustive and Appropriate guidelines for the State of Karnataka to curb the Heavy misuse of 498A IPC.

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 http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

This is with regard to the news article published in “Indian Express” and also available on the website of the said News Paper at the following link.

http://expressbuzz.com/cities/hyderabad/plea-on-dowry-cases-referred-to-division-bench/193527.html

The said article is also attached herewith as an Annexure for your reference.

Similarly, there is a Judgment/Order from Honorable Justice Regupathi of the Chennai High Court in M.P. No.1/2008 in Criminal Original Petition No.10896/2008 filed by Tr.Romaiah. In compliance of the observation made in the above said order, DGP-Tamil Nadu has issued a Circular Memorandum for the State Police of Tamil Nadu.

Similarly, in compliance of the advisory issued by the “Union Ministry of Home Affairs” dated 20-October-2009 vide no 3/5/2008-Judl Cell, “Maharashtra Government” has issued a Circular for the State Police of Maharashtra.

In the absence of any such Circular/Advisory, the misuse of 498A IPC is rampant in the state of Karnataka and ordinary, law abiding and innocent Men & Women are being arrested and sent to Judicial Custody merely on a false complaint by estranged wife. 498A IPC is increasingly being used as “Arrest on Demand” by estranged wife in case of any matrimonial dispute.

DEMAND OF NFHS:

In view of the proactive and laudable steps taken by the Judiciary in neighbouring states to curb the heavy misuse of 498A IPC, we National Family Harmony Society® request your personal intervention to direct the Registry of “High Court of Karnataka” to register a Suo Motto Case and file a Public Interest Litigation by the way of Writ Petition to issue Exhaustive and Appropriate guidelines for the State of Karnataka so the heavy misuse of 498A IPC can be curbed and suffering, harassment and torture of innocent citizens can be brought to an end.

We are available at any time of your convenience to have discussion with you on this subject matter. We have tried many times seeking appointment with you in the past but could not succeed. We would be grateful if you can grant personal appointment so that we can express our pain and sorrow in detail.

Awaiting favorable response from you.

P Suresh, President,

National Family Harmony Society, 9880141531

Categories: Judges

Request for DGP-Karnataka-Circular on the line of DGP-TamilNadu-Circular – COP

July 27, 2010 Fighting Legal Terror 2 comments

27^th July 2010

Bangalore

To,

The Commissioner of Police,

1, Infantry Police, Bangalore – 560001

Subject: Request for COP-Bangalore-Circular on the line of DGP-TamilNadu-Circular based upon the orders of Honorable Justice Regupathi of Chennai High Court

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 http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

The heavy misuse of 498A IPC by estranged wives in case of matrimonial dispute is increasing day by day. This fact is acknowledged by various High Courts and Honorable Supreme Court. In almost every session of parliament, honorable members of the parliaments are asking questions to the Government regarding heavy misuse of Dowry Laws and measures taken by Government to curb its misuse. Every other day newspapers carry news articles about heavy misuse of Dowry related laws and protest done by husbands and his family members who have to undergo humiliation, harassment and torture due to these “Women Centric” laws. There are also scores of news articles where the husbands and his family members have committed suicide as they were unable to cope up the pressure of false criminal cases.

Our police who are trained to deal with criminals are insensitive and incapable to deal with a complaint of the matrimonial dispute. Our NGO receives large number of cases of harassed husbands who have to go through the agony and harassment in the police stations which are acting as “settlement centers” to extract huge amount of money from husbands to settle the dispute which are of matrimonial in nature. Use of physical force and abusive language against husbands and his family members inside the police stations is norm of the day.

Honorable Justice Regupathi of the Chennai High Court issued the following observation in M.P. No.1/2008 in Criminal Original Petition No.10896/2008 filed by Tr.Romaiah. In compliance of the observation made in the above said order, DGP-Tamil Nadu has issued a Circular Memorandum for the State Police of Tamil Nadu. The said order of the Honorable Justice Regupathi alongwith the Circular Memorandum of DGP-Tamil Nadu is attached herewith as Annexure.

We, National Family Harmony Society®, request your office to issue a similar Circular for the Bangalore Police. If such a circular is issued and implemented in true spirit then it will go a long way to curb the heavy misuse of the 498A IPC.

We are available at any time of your convenience to have discussion with you on this subject matter.

P Suresh, President,

9880141531

National Family Harmony Society

Categories: Police

Request for DGP-Karnataka-Circular on the line of DGP-TamilNadu-Circular – DGP

July 27, 2010 Fighting Legal Terror Leave a comment

27^th July 2010

Bangalore

To,

The Director General of Police,
Government of Karnataka, State police H.Q,
O/o D.G.P. no.2, Nrupathunga road, Bangalore, Karnataka

Subject: Request for DGP-Karnataka-Circular on the line of DGP-TamilNadu-Circular based upon the orders of Honorable Justice Regupathi of Chennai High Court

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 http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

We, National Family Harmony Society®, request your office to issue a similar Circular for the State Police of Karnataka. If such a circular is issued and implemented in true spirit then it will go a long way to curb the heavy misuse of the 498A IPC.

We are available at any time of your convenience to have discussion with you on this subject matter.

P Suresh, President,

9880141531

National Family Harmony Society

Categories: Police

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