Home > Judges > Regarding arbitrary arrests under 498A IPC – CJI

Regarding arbitrary arrests under 498A IPC – CJI

8th July 2010

Bangalore

To,

The Honorable Chief Justice of India,

Supreme Court of India,

Tilak Marg,

New Delhi-110 001 (India)

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 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.

 

OUR Demands:

  • Kindly take a Suo Motto notice of heavy Misuse of 498A IPC and file a PIL in the Hon’ble Supreme Court of India
  • Stop the heavy misuse of Gender Biased laws such as 498A, 304B, Dowry Prohibition Act and related laws.
  • No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
  • Implement recommendations of Law Commission and “Malimath committee” to make 498A bailable.
  • Pass necessary orders to stop arbitrary arrest of elderly persons, children and pregnant sisters.
  • Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws.
  • Direct the union Government to bring in amendments to make IPC 498A “Gender Neutral” so that those husbands and in-laws who are harassed can also make complaint under this IPC section.

 

P Suresh, President,                                           M Mahesh, General Secretary,

9880141531                                                      9731569970

National Family Harmony Society                         National Family Harmony Society

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Categories: Judges
  1. cs khandelwal
    July 23, 2010 at 8:10 am

    Authority to arrest is not the ground of arrest.

    Govt machinery both Police & Magistrate do not

    understand the difference between the two

    because there is no accountability.

    Why should bail be not granted by magistrate

    Brief of the case
    1.My son Sidhartha Khandelwal a central Govt employee in group B post selected through UPSC was
    married to Shikha Gupta,d/o MC Gupta B/1246 Indira Nagar Lucknow, a UP Govt employee working in
    the office of District Accounts & Audit Officer,Panchayati Raj & Sahkari Samitiyan,Kanpur Dehat.
    The marriage was through matrimonial columns in an arranged way.Both families as well as both
    individuals did not know each other earlier before fixing of marriage.Both belong to middle class
    families with ordinary status .Both boy & girl had seen each other before marriage when she had come
    before engagement accompanied with her mother & two maternal uncles .Father had not come
    We were assured that she would get herself transferred to a place close to Delhi, after marriage.
    Marriage took place on 18th Jun 2006 at Bareilly,as most of her relatives belonged to that place.At that
    time we were residing in Kanpur but the boy was in Delhi in the job with Ministry of Defence, Sena
    Bhawan.
    2.Right from the beginning of the marriage, the girl decided to do her job in Kanpur by commuting from
    Lucknow. She left us in 2days.In July 2006,after great request/persuasion she accompanied the boy to
    Delhi.She remained there for about 20 -25 days. During this period she often spoke to the boy that she
    did not like his face & that we did not enjoy a high & rich status nor a great social standing. She also
    threatened him at times with dire consequences as she stated to know a number of powerful persons
    in /outside the Govt.She left for Lucknow as she was to submit her work report at the end of July
    & again joined him in Delhi in Aug for a few days & went back to Lucknow. Thus ,She continued to reside
    with her parents with her Parents.
    3. After several requests , she came to Kanpur in Jan 2007 to meet my younger son who had come for
    a few days from USA. At that time he was a Phd student. Thereafter ,she never came. In between till Jan
    2007, she visited us once/twice.
    4.By Nov 2006, we became suspicious of herself hence informed Commissioner of Police New Delhi,
    SSP Kanpur/ Lucknow. PS- Nawab Ganj Kanpur carried out enquiry. A number of times , we have sent
    letters to Police authorities at New Delhi ,Kanpur, Lucknow informing them various developments,
    from time to time including the fact that she continued to live with her parents.

    5 .In her FIR she has made a mention that she lived with us till Jan 2007 . Police report received on
    6th Mar 2010 from PS- Nawab Ganj Kanpur under RTI confirms that she did not live with us.
    6. In 2008 she informed after a gap of almost 1-1/2 years her intentions to come but she did not come.
    Hence, we informed PS at New Delhi about it.
    7.She then filed a case under section 9 of Hindu Marriage Act, which was rejected by the family court in
    Lucknow.
    8. She never informed anything about her transfer even when asked for.
    9. In 2008 a NGO” SURAKSHA” from Lucknow asked us to meet them .They have also confirmed that
    she did not have any complaint, when we specifically asked for a copy of her complaint.
    10. In late 2008/early 2009 she tried to get few papers signed in blank by sending her emissary to Delhi
    in a dubious manner. We informed Delhi Police about it.
    11.She gave a call at the end of Mar 2009 that she was coming to us but did not come. Delhi Police was
    informed.
    12.On 3rd Apr 2009, a FIR has been lodged by her under sec 498A,506 of IPC & section 3/4 DP Act.
    13.Petition filed by us in Lucknow Bench of High Court (case number4894/09).
    14.Case referred for mediation (Mediation Case Number 214/09), Coercive Measures Stayed.
    15.Role of Mediators although defined under section 67 of Arbitration & Mediation Act 1996.
    But their Role was not at all fair. We informed about it by speed post to the Mediation Centre
    Vide our letters dt17th Aug09, 25th Aug 09,7th Oct 09,26th Oct 09, & 9th Nov 09.We hade it known that
    proceedings were not being recorded truthfully,Mediators kept changing,real identity not clear who the
    mediators were,Sometimes in Advocates Robe Sometimes not in advocates dress,our counsel
    Not allowed to be present while the girl counsel could manage to be present ,
    16.Our request to fix date considering we had to go to Lucknow from Delhi with problem of
    Reservation etc did not find any consideration. & request for an adjourned date , much before the date
    fixed for the last meeting was ignored & fresh date not given .Thus,Mediation Proceedings terminated
    without any intimation to us implies violation of section 76 of the act in a manner which is nothing
    short of the breach of public trust in the due process of law.
    Despite several requests made to Ministry of Home Affairs,Home Secy,UP,President secretariat, Police
    Officers viz IG( Public Complaints)DIG Lucknow,SP(Trans Gomti)Lucknow,CO( Gomti Nagar)Lucknow,
    Office of the Chief Minister for the conduct of a fair & just investigations did not bear any result
    In a case where the complainant is serving in UP govt & continues to reside with parents for comforts &
    Convenience & there was not a single incident of physical or mental cruelty .Police SI had ulterior motives right from the beginning & finally has filed charge sheets against all three of us ie Parents & the husband.Irony is that husband was living in Delhi & the complainant in Lucknow.Kanpur Police carried out investigations on our information to them in 2006 & have reported that the complanat was not residing with us from the beginning
    Is there any remedy to seek bail on the same day for the husband?
    Can the High Court quash charge sheet because Police ignored to change IO & conduct a fair investigations by the best of Agency in he world

    17. We remained uninformed & the case returned by the Mediation centre. In these circumstances
    proprietary of Mediators to terminate is circumspect, if we take into account the stipulated situations
    of termination given in law The section 76 lays down that termination can be done by signing of an
    agreement by the parties or by a written declaration of the conciliator after consultation with the
    parties that further efforts are no longer justified or by a written declaration of the parties addressed
    to the conciliator that the conciliation proceedings are terminated or by a written declaration of a party
    to the other party& the conciliator that conciliation proceedings are terminated.
    18. Police Authorities from time to time have been apprised.
    19. Analysing , critically Firstly 498A by itself is not applicable in the light of para 12 of the Judgement
    of SC bench comprising of Justice Dr Arijit Pasayat & Justice DK Jain in the crl Appeal 11 of 2002.In other
    words FIR itself is fake.
    20.Secondly, obtaining Non Bailable Warrant of Arrest for all is a coercive measure by SI Ram Murthy
    Yadav is not in accordance with the guide lines issued on Arrest by NHRC & is against the spirit of SC
    Judgement by the bench of Venkatchalliah,MN(CJ),Mohan.S(J),Anand AS (J) in the case of Joginder
    Kumar Vs State of UP .
    21.Worst he carried out my arrest on 9th Mar 10 at Delhi whereby I was in jail for 2 days .This has caused
    me incalculable loss of my reputation in the society as a Army Officer (Retd Col).After arrest nothing was
    enquired by him on matters related to FIR.He is bent upon harassing others including arrest.
    22. UN,National Commission for Women & National Human Rights Commission, DGP, Ministry of Home
    Affair, Home Secy ( UP), CMO’s Office have been informed about the case.
    23. In this situation when bail/disposal on the same day is denied & when the mediation proceedings by
    The Mediation Centre did not proceed as enshrined in the law, what justice is possible to a common
    man who can’t influence the system which does not work in a fair & just ways ?

  2. Arvi
    April 1, 2012 at 4:37 pm

    It is our bad luck that we were born and living in a country like India where there is a severe violation of human rights.Human right commission and other organisations are not working up to their merit.Everywhere corruption is deep rooted to the core. Investigating officers are highly corrupt,they do not investigate ,simply file chargesheet against the husband and their family even if they know that they are innocent .As such in a country like India, simple and innocent citizens are harrassed by all.For small some of money these corrupt officials don’t bother whether a respectable person’s reputation is marred. I was working as Chief Engineer on merchant ships. Immediately after marriage, my wife started behaving erratically,hardly staying in the house.She used to remain at her parent’s house for months.All of a sudden ,whenever she will have some plans, will enter the house along with her parents and younger brother,threaten me and my old parents of 498a,DV and other cases. She filed not one but three cases of 498a and other harrassment cases in Lucknow. I bought her two plots,one car,jewellery,took her to Bangkok but it did not made any difference,her attitude and behaviour was always against me. Moreover the attitude of her whole family was always from the beginning a very bossy type,highly egoistic,shouting while talking.I never imagined in my whole life people like these also exist in this world. She always used to screem and tell ‘you keep on telling truth and no one will believe you and people will blindly believe her’.I found it was correct to an extent because still in this world God has left few good people to ensure truth is not defeated and remains.Out of the whole police department,very few understood the whole matter in the first time but all were helpless.
    Most corrupt was the investigating officer in the Lucknow DIG office Mohd. Illyas, he told me that even if the women or any of her relative will nod, leave nod will look at me and confirm,I will put all behind bars. To the God’s Grace from a Chief Engineer, I was called a criminal and was put behind bars for 16days. because he filed chargesheet against us. Since it was my or my parent’s first encounter in their whole life with the court cases, no one had any idea, my lawyer Nigam also took advantage of our innocence and simplicity.Since I was always more close to God and godfearing, so God gave me the courage to bear all the attrocities.I thought my wife, her parents and her brother will be fed up doing so much attrocities on us. During that time I always felt God was always there by my side, all the time. My wife beat my parents and thrown them out from their own house and with the help of few local goons,one IAS officer’s son, a pimp and few policemen, she took control of the whole house when I went to jail.My parents were hospitalised, no media turned up but when my wife used to throw tantrums all big newspaper and channels used to floc and started demanding justice. Station Officer Ajit Pal Singh advised my old parents that they hardly have few years left, so they should start living in a dharamshala as your daughter-in-law is socially very strong and if he takes any action against them he will lose his job. The brave act by the station officer was shown this time that he showed his helplessness to help the old couples.DIG also showed his helplessness as he was afraid media will floc around and will start demanding justice for the young women.Ultimately she was in command of the whole house.Her parents in these years shifted from two room house in LDA colony to 3 BR house in Aashiyana.I filed for divorce in Lucknow Family court which is peding for last 6 years courtsey our great judges, who are only intersted in giving dates, checking what you are wearing,whether you have shaved or not but least interested in providing justice. The opposite party has not appeared even once in last six years.Every judge is briefed cooked up story by the opposite party lawyer and meeting is arranged with the opposite party and the judge of the family court.The case is pending, youth are struggling like this in India, parents expected to have peaceful life after retirement have lost their own house. Now old parents are so much afraid after being beaten by goons, that they have left all hopes of returning to their own house where their kids were born and grown.My wife was right, she told me just after marriage, my parents and I cannot survive in this world as we are not meant for this world.May be that is why some powerful energy is taking care of us .
    May God forgive her for everything as she does not know what she is doing.
    God grant me the serenity
    to accept the things I cannot change;
    courage to change the things I can;
    and wisdom to know the difference.

    Living one day at a time;
    Enjoying one moment at a time;
    Accepting hardships as the pathway to peace;
    Taking, as He did, this sinful world
    as it is, not as I would have it;
    Trusting that He will make all things right
    if I surrender to His Will;
    That I may be reasonably happy in this life
    and supremely happy with Him
    Forever in the next.

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