Archive
Regarding arbitrary arrests under 498A IPC – NHRC
8th July 2010
Bangalore
To,
The Chairman
National Human Rights Commission,
Faridkot House, Copernicus Marg,
New Delhi, PIN 110001
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 / http://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 in the State of Karnataka. Police routinely enter people’s homes at ungodly hours, take accused men and women into custody, and incarcerate them in the name of “protecting women from cruelty and harassment”. Innocent citizens are illegally detained, humiliated, subjected to mental and physical torture, blackmail and extortion. The honor and reputation of these accused individuals is simultaneously attacked through media trial and unrestrained slander by women’s organizations every day. Thousands of men and women have been driven to suicide due to the trauma of false cases, arrest, prolonged trials and the resultant humiliation and financial troubles they have to endure.
According to statistics published by the National Crime Records Bureau in 2007 alone, an overwhelming 94% of the individuals arrested under IPC Section 498A were found not guilty. A closer look at individual cases under Section 498A reveals that arrests are made by lower cadre police officials without proper justification and only with the intent of terrorizing innocent citizens and extorting money from them under the threat of imprisonment and long-drawn legal battles.
Our numerous pleas to the Government of India to stop arbitrary arrests of citizens under IPC Section 498A have fallen on deaf ears. On the other hand, new laws are always on the anvil (sexual assault, work place harassment, acid attacks etc.) which stress on immediate arrest of men upon mere accusations made by women.
While it is amply clear that under the prevailing circumstances, arrest is inevitable for any man facing allegations of abuse or assault, it is imperative that innocent citizens are prepared to go to jail even if they committed no crime. Ordinary law abiding citizens and their kin should be freed from the fear of jail and the concomitant feelings of humiliation and suffering so that they do not drive themselves into depression, ruin their health or end their own lives.
In spite of All round coverage by Media regarding heavy Misuse of IPC 498A, questions in the parliament by honorable MPs, Critical remarks by various HCs and SC, Observation by NHRC, advisories issued by Union Home Ministry from time to time, State Governments are not taking any steps to prevent the heavy misuse of IPC Sections 498A, 304B, Dowry Prohibition Act and related laws. These laws are so biased and dangerous that any innocent can become victim just on a false complaint by a woman. Even celebrities like Pakistani Cricketer Shoaib Malik and Former Union Minister Arjun Singh have not been spared have been falsely implicated under these laws.
OUR Demands:
- Issue directions to all the State Governments to stop the heavy misuse of Gender Biased laws such as 498A, 304B, Dowry Prohibition Act and related laws by bringing in amendments to these laws in Karnataka.
- Issue directions to all the State Governments: No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
- Issue directions to all the State Governments: To stop arbitrary arrest of elderly persons, children and pregnant sisters.
- Issue directions to all the State Governments: To implement the advisory issued by the union home ministry to prevent misuse of 498A IPC.
- Issue directions to all the State Governments: To stop the human rights violations of the elders and innocent law abiding citizens due to arbitrary arrests by police in Karnataka.
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
National Family Harmony Society National Family Harmony Society
Regarding arbitrary arrests under 498A IPC – SHRC
8th July 2010
Bangalore
To,
The Honorable Chairperson
KARNATAKA STATE HUMAN RIGHTS COMMISSION
4th FLOOR, 5th PHASE, MULTISTOREYED BUILDING, BANGALORE-560 001.
Subject: Regarding arbitrary arrests of ordinary law-abiding citizens in Karnataka 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 / http://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 in the State of Karnataka. Police routinely enter people’s homes at ungodly hours, take accused men and women into custody, and incarcerate them in the name of “protecting women from cruelty and harassment”. Innocent citizens are illegally detained, humiliated, subjected to mental and physical torture, blackmail and extortion. The honor and reputation of these accused individuals is simultaneously attacked through media trial and unrestrained slander by women’s organizations every day. Thousands of men and women have been driven to suicide due to the trauma of false cases, arrest, prolonged trials and the resultant humiliation and financial troubles they have to endure.
According to statistics published by the National Crime Records Bureau in 2007 alone, an overwhelming 94% of the individuals arrested under IPC Section 498A were found not guilty. A closer look at individual cases under Section 498A reveals that arrests are made by lower cadre police officials without proper justification and only with the intent of terrorizing innocent citizens and extorting money from them under the threat of imprisonment and long-drawn legal battles.
Our numerous pleas to the Government of India to stop arbitrary arrests of citizens under IPC Section 498A have fallen on deaf ears. On the other hand, new laws are always on the anvil (sexual assault, work place harassment, acid attacks etc.) which stress on immediate arrest of men upon mere accusations made by women.
While it is amply clear that under the prevailing circumstances, arrest is inevitable for any man facing allegations of abuse or assault, it is imperative that innocent citizens are prepared to go to jail even if they committed no crime. Ordinary law abiding citizens and their kin should be freed from the fear of jail and the concomitant feelings of humiliation and suffering so that they do not drive themselves into depression, ruin their health or end their own lives.
In spite of All round coverage by Media regarding heavy Misuse of IPC 498A, questions in the parliament by honorable MPs, Critical remarks by various HCs and SC, Observation by NHRC, advisories issued by Union Home Ministry from time to time, State Governments are not taking any steps to prevent the heavy misuse of IPC Sections 498A, 304B, Dowry Prohibition Act and related laws. These laws are so biased and dangerous that any innocent can become victim just on a false complaint by a woman. Even celebrities like Pakistani Cricketer Shoaib Malik and Former Union Minister Arjun Singh have not been spared have been falsely implicated under these laws.
OUR Demands:
- Issue directions to State Government to stop the heavy misuse of Gender Biased laws such as 498A, 304B, Dowry Prohibition Act and related laws by bringing in amendments to these laws in Karnataka.
- Issue directions to State Government: No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
- Issue directions to State Government: To stop arbitrary arrest of elderly persons, children and pregnant sisters.
- Issue directions to State Government: To implement the advisory issued by the union home ministry to prevent misuse of 498A IPC.
- Issue directions to State Government: To stop the human rights violations of the elders and innocent law abiding citizens due to arbitrary arrests by police in Karnataka.
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
National Family Harmony Society National Family Harmony Society
Trial By Media is Violation of Human Rights
Submitted to:
The Honorable Chairperson
KARNATAKA STATE HUMAN RIGHTS COMMISSION
4th FLOOR, 5th PHASE, MULTISTOREYED BUILDING, BANGALORE-560 001.
Trial By Media is Violation of Human Rights
About Family Harmony Society®: “Family Harmony Society®” - FHS – http://www.family-harmony.org / http://www.498a.org.in 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.
Sir,
This is regarding print and electronic media telecasting/publishing lies and half-truths about family disputes between husbands and wives in the name of news, and resorting to defamation of husbands and their family members by calling them criminals, crooks, cheats, frauds, blood-thirsty demons, money-hungry wolves, and similar terms merely based on the self-serving statements of a complainant wife, thus damaging to the dignity of accused persons.
It has become a regular practice for Newspapers and TV News Channels to publish/telecast disputes between wives and husbands and matters which are subjudice or under investigation, in the name of news. Every news story of this nature has certain common elements –
v Portraying the wife as weak, helpless creature having low self-esteem, but flawless in their interactions with the husband and his family members, and as innocent victims of the evil practice of dowry.
v Portraying the husband and his kin as criminal-minded, sadistic persons who constantly harass the young wives for dowry.
v Channels competing with each other to invent new terms to paint the husband and his family members as the worst villains.
v Making assumptions about the guilt of the husband and his family members merely based on allegations of the complainant wife.
v Passing generalized remarks demeaning all men.
v Passing verdicts about the appropriate punishment for the accused husband and his family members.
News Channels have been pitching a wife as a damsel in distress and the husband and his family members as crooks and pitting them against each other for jerking the last drop of tear out of the viewers’ eyes and to arouse unjustified anger against the accused, to keep the viewers glued to their TV sets and boost the TRPs of the respective Channels.
Newspapers and News Channels, through their gut-wrenching commentary, are building unnecessary pressure on the Police and Judiciary, prejudicing the viewers and making the society arrest-hungry.
Such irresponsible reporting of sensational lies and half-truths on disputes between a married couple, in the name of news, causes immeasurable damage to the accused, most of whom are decent, law-abiding citizens, and also have their version of the story which they may or may not want to share with the media. The media, emboldened by the dysfunctional judiciary brazenly resorts to damaging the reputation of the accused knowing well that a person already embroiled in court cases which will take years for disposal, may not take a chance and file a case of damages or defamation.
Conducting trial by media by publishing/telecasting one-sided versions or forcing the husband and his family to face the TV camera under the threat or risk of being discredited, making unsubstantiated allegations and defamatory statements against the accused, giving derogatory titles to the accused, conducting media trial and passing one-sided verdicts, thus discrediting the accused before the case has been heard or concluded in the Court, all amount to violation of the human rights of the accused. In addition, making generalized statements demeaning all men also amounts to blatant violation of the human rights of fifty percent of the country’s population.
The physical and mental health of many accused individuals, especially elders, are affected because of maligning their personal and family reputation and many young men, their sisters and their aged parents have committed suicides unable to withstand the trauma caused by media trial and defamation in addition to prolonged uphill legal battles.
Appeal to KSHRC:
We appeal to the Karnataka State Human Rights Commission to please render justice to victims of media malice by
v Directing all newspapers and news channels to stop publishing/telecasting of family disputes between wife and husband as news.
v Directing all newspapers and news channels to stop making one-sided statements and conducting media trial on an accused husband and his family members.
v Directing all newspapers and news channels to render a public apology for giving horrendous titles to an accused husband and his family members.
v Directing all newspapers and news channels to stop making derogatory statements on men as a group and to render a public apology for the damage already done to the reputation of men as a group.
v Issuing directives such that in case the accused husband or his family members commit suicide unable to bear the trauma of media trial and public humiliation, the respective Newspapers and TV Channels will be required to compensate and pay for the defamation and damages, without the need for the victims of media-trial having to fight another tedious losing legal battle against powerful media houses.
v Issuing directives to stop media Discussions on ANY matter which is subjudice or under investigation, especially those related to family disputes, and the Hon’ble Forum may make provisions to file suo moto cases of contempt of court in case of violation of this directive.
P Suresh, President,
9880141531
Family Harmony Society
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