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Archive for July 19, 2010

P R E S S R E L E A S E – MEMOs to stop arbitrary arrests in case of 498A

P R E S S    R E L E A S E

Subject: National Family Harmony Society sends MEMO’s to DGP-Karnataka, COP-Bangalore, Karnataka Home Minister, Governor of Karnataka and Chief Minister of Karnataka to stop arbitrary arrests in case of 498A.

 

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.

 

The memorandums are available at the following links:

Rise of “Women Criminals” – MEMO to Governor-DGP

https://498amisuse.wordpress.com/2010/07/15/rise-of-%e2%80%9cwomen-criminals%e2%80%9d-memo-to-cm/

https://498amisuse.wordpress.com/2010/07/15/rise-of-%e2%80%9cwomen-criminals%e2%80%9d-memo-to-governor-ka/

https://498amisuse.wordpress.com/2010/07/15/rise-of-%e2%80%9cwomen-criminals%e2%80%9d-memo-to-governor-home-minister-ka/

https://498amisuse.wordpress.com/2010/07/15/rise-of-%e2%80%9cwomen-criminals%e2%80%9d-memo-to-governor-cop/

Nowadays it has become a routine and every week newspapers are having news article about adultery and Extra Martial Affairs relationship by wives.

Hundreds of husbands who are harassed and tortured by their wives approach our NGO to seek help. In a survey conducted by our NGO we found that adultery and extra martial relation by wives who are caught by husbands is one of the major reasons for breaking of the marriage. In order to hide their mistakes such women file criminal cases against husbands and all their family members. Such Husbands who are already harassed by their wives are further tortured by the police who are not trained enough to deal with matrimonial disputes.

Since the 498A IPC is non bailable, hence on a mere complaint by the such wives the tendency of the police is to immediately arrest all those named in the FIR and send them to Judicial Custody. Normally the police officer justify such arrests saying 498A IPC is non bailable and since it is a women related matter they have little choice, little realizing that on such a false complaint two more women i.e. mother and sister of the husbands are also arrested. If the police officer starts justifying the above stand then it will lead to chaos in the orderly civil society wherein any wife who is caught in “Extra Martial affair” or Adultery will more and more start using 498A IPC for “Arrest on Demand” against husband and his family on whom they have grudges with an intention to take revenge and it will lead to collapse of orderly civil society.

Honorable Former Chief Justice VENKATACHALLIAH, M.N. on “25/04/1994” while delivering a judgment wrote:

“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.”

OUR DEMANDS:

  • No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
  • Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws.
  • Issue circular to stop arbitrary arrest of elderly persons, children and pregnant sisters on a complaint under 498A IPC.
  • Involve NGOs working in the similar field.
  • Don’t allow wife to use 498A IPC as “Arrest on Demand”.
  • Stop the involvement of police in “Matrimonial Disputes”.
  • Instruct police to follow earlier circulars issued by COP-Bangalore, Your office and the recent Advisory issued by Union Ministry of Home Affairs dated 20-October-2009 vide no 3/5/2008-Judl Cell regarding “Misuse of section 498A of IPC”.

 

For more information please contact

P Suresh, President,                                           M Mahesh, General Secretary,

9880141531                                                      9731569970

National Family Harmony Society                          National Family Harmony Society

You are also requested to visit

www.498a.org.in / www.family-harmony.org / https://498amisuse.wordpress.com/

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Categories: Press_release

Request for information under RTI Re Misuse of section 498A of IPC – DGP

                                                                                                                   Dt.19/07/2010                                                                                                                         Bangalore

To,

Public Relation Officer (CB/ NGO)
No.1, Nrupathunga Road, Bangalore

Sub: Request for information under Right to information act–2005

Enclosed a Postal Order no:                of Rs. 10/- in favour of the Accounts officer, DGP Office

Dear Sir,

I am P Suresh, a resident of Bangalore City. I want certain information regarding Advisory issued by “Union Ministry of Home Affairs” to “Chief Secretary, Government of Karnataka” dated 20-October-2009 vide no 3/5/2008-Judl Cell regarding “Misuse of section 498A of IPC”. The said Advisory is attached here as Annexure along-with this RTI application.

I quote the paragraph 12 of the said Advisory below:

“All the State Governments/UT Administrations are requested to take effective measures in the light of the directions/orders issued by the courts and advisories issued by the Government of India from time to time to put to rest the allegations of misuse of section 498A of IPC”

In this regard please provide me the following information’s:

A)   What action/measure has been taken by “Karnataka Police” for the above stated Advisory by “Union Ministry of Home Affairs”?

B)   Whether DGP, Karnataka has issued any Circular/Advisory to the “Karnataka Police” in the light of above said Advisory? If yes please a copy of such Circular/Advisory.

Thanking you sir,

Yours truly,

P SURESH,

XXXXXXXX

Categories: RTI

Request for information under RTI Re “Misuse of section 498A of IPC”

                                                                                                                                      Dt.19/07/2010

Bangalore

To,

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

Sub: Request for information under Right to information act–2005

Enclosed a Postal Order no:                of Rs. 10/- in favour of the Accounts officer, Government of Karnataka

Dear Sir,

I am P Suresh, a resident of Bangalore City. I want certain information regarding Advisory issued by “Union Ministry of Home Affairs” to “Chief Secretary to Government of Karnataka” dated 20-October-2009 vide no 3/5/2008-Judl Cell regarding “Misuse of section 498A of IPC”. The said Advisory is attached here as Annexure along-with this RTI application.

I quote the paragraph 12 of the said Advisory below:

“All the State Governments/UT Administrations are requested to take effective measures in the light of the directions/orders issued by the courts and advisories issued by the Government of India from time to time to put to rest the allegations of misuse of section 498A of IPC”

In this regard please provide me the following information’s:

A)    What action/measure has been taken by “The Government of Karnataka” for the above stated Advisory by “Union Ministry of Home Affairs”?

B)    Whether “The Government of Karnataka” has issued any Circular/Advisory to the “Karnataka Police” in the light of above said Advisory? If yes please a copy of such Circular/Advisory.

Thanking you sir,

Yours truly,

P SURESH,

XXXXXXX

Categories: RTI

This is life

http://www.thehindu.com/arts/radio-and-tv/article517020.ece

A first-of-its-kind show on Malayalam television ‘Kathayalla, Ithu Jeevitham’ attempts to tackle real life disputes on screen, whereby issues relating to familial and social relationships are taken up, discussed, mediated and settled to the satisfaction of all concerned.

“This is life in black and white. This is as real as it gets,” says Manoj Manayil about ‘Kathayalla, Ithu Jeevitham,’ the television courtroom show that he produces for Amrita TV. A first-of-its-kind show on Malayalam television ‘Kathayalla, Ithu Jeevitham’ attempts to tackle real life disputes on screen, whereby issues relating to familial and social relationships are taken up, discussed, mediated and settled to the satisfaction of all concerned. The legally-binding, out-of-court settlements are made under the aegis of Kerala Legal Services Authority (KELSA). Yesteryear heroine Vidhubala comes back into the spotlight after a 25-year hiatus, as the anchor of the show. The show airs on Saturday and Sunday at 6.30 p.m. Excerpts from an interview with Manoj about the show…

Family issues as the focus

Whatever problems there are, be it land disputes or instances of divorce/separation, custody disputes or even cases of cheating, on one level or the other, it ultimately affects the family as a whole. Besides, a survey that we conducted of cases before Women’s Commission, Family Court, the Women’s cell and so on brought into focus the psychological impact such issues have on families. Therefore we decided to focus on issues relating to family life.

Challenges

The biggest challenge was to get people to agree to air their grievances – and inevitably their private lives too – on screen. Understandably, at first most of them were apprehensive about airing the proverbial dirty linen in public and we had a considerable task on our hands to convince them that finding a solution to their problems was in their best interests and the interests of their families. Once we explained to them that the solutions would be legally-binding, most of them were gung ho about it. Another thing is that it is easy to get the plaintiff on board, but not always the defendant.

Bringing in KELSA

It was imperative that we bring in KELSA into the show for it is always better if the settlement reached is legally binding. A verbal agreement may not resolve the issue at hand and in this way the settlement is equivalent to a civil court order. KELSA and its member secretary, P. Mohan, were very enthusiastic about lending their expertise for this venture from the start.

Vidhubala as the anchor

For this particular show you need to have an anchor who is more of a counsellor. Since 90 per cent of the issues tackled involve women, we needed a woman at the helm and an easily recognisable one at that for we found that people can relate – and open up to – someone they recognise, better. Moreover, the anchor should appear empathetic, not be involved in any controversy and have life experience. We hit upon a goldmine when we thought of Vidhubala as the anchor. She fit the bill on all counts having managed her film career and then her home life with élan. An added advantage was that she majored in psychology for her graduation.

Response

It has been fantastic. In the first schedule, we focussed only on Thiruvananthapuram, Kollam, Pattanamthitta, Kottayam, Idukki and Alappuzha districts. Of the 20 cases taken up, six have been settled completely and free legal help has been offered on four others. The others have been heard and solutions offered and asked to come back for further discussion. We hope to expand to other districts in the future.

 

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Categories: Other news

A first for family court counsellors

http://www.thehindu.com/news/cities/Delhi/article521955.ece

Justice Dipak Misra, Chief Justice of Delhi High Court, on Saturday inaugurated the first-of-its-kind orientation programme for counsellors of family courts at Karkardooma Courts here.

Justice Misra asked the counsellors of a matrimonial or family dispute to keep in mind the fine distinction between self-respect and ego of the parties involved. He told them to make efforts to understand the flexibility of adjustments in life and advised the counsellors to have a multi-pronged approach while counselling the parties.

Emphasising that marriage as an institution was to be sustained and not merely maintained, he dwelt upon the concepts of compatibility, adoptability, subjugation and sustenance of marriage. He also talked about the philosophical aspects of marriage as an institution.

Justice Hima Kohli, Judge of the Delhi High Court and Chairperson of the Committee of Family Courts, said that long-drawn litigation only results in greater bitterness, feelings of hurt, suffering, emotional trauma and financial strain. The counsellors can deal with the underlying interests and emotional sufferings of the parties to amicably settle the disputes. She stressed upon the objective of family courts to promote counselling, conciliation and exhorted the counsellors to take the task of making family courts a success.

Organised by the Delhi Judicial Academy (DJA), the orientation programme also had a session on the counselling techniques. Several judges of the Delhi High Court, all the District Judges of Delhi, judicial officers, Principal Judge of Family Courts Deepa Sharma and Prof. Ved Kumari, Chairperson of DJA, Kamlesh Kumar, District Judge of Karkardooma Courts and members of different Bar Associations were present on the occasion.

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Categories: Other news

Action plan apace to bring down arrears of cases, says Moily

http://www.thehindu.com/news/national/article522162.ece

Rs. 500 cr. sanctioned for this year; High Courts given flexibility to use funds

Union Law Minister Veerappa Moily on Sunday announced that the action plan to bring down the arrears of cases pending in various courts from 15 to three years was gaining momentum. With proper infrastructure being put in place it would be implemented soon.

Speaking to journalists after participating in the regional meeting of State governments and High Courts here on implementation of the recommendations of the 13th Finance Commission, Mr. Moily said the meeting discussed the common strategy on the plan of action for the judiciary following the allocation of Rs. 5,000 crore spread over five years.

Mr. Moily said that for this year already Rs. 500 crore was sanctioned and the High Courts were given flexibility to use the funds in an appropriate manner.

He said that besides the Rs. 5,000 crore allocation, an additional Rs. 8,000 crore for various States (excluding Allahabad and Delhi) would be provided on a one-time basis for improving court infrastructure. The Centre’s plan to set up an all-India judicial services forum might not take off soon due to lack of unanimity among States. “The debate would continue. We do not wish to impose ourselves. The Department of Justice in the Law Ministry will prepare a consultation paper and seek the views of all concerned and a decision would be taken after due deliberations.”

Gram Nyayalayas

On the opposition from States for establishment of Gram Nyayalayas, he said the Centre was willing to release extra funds to the States. He pointed out that the railways were anxious to work out a system under which mobile courts in rural areas could be established on trains. The concept of Family Courts does not seem to have found favour with certain States.

The Minister said a suitable law could be introduced to ensure that all family related issues were dealt with by a single court, saving litigants the trouble of visiting multiple courts. He said efforts were being made to fill up vacancies in subordinate and High Courts on a war footing and meritorious candidates with integrity would be selected to fill the posts.

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Categories: Other news

Don’t quash criminal charges at threshold: Supreme Court

http://www.thehindu.com/news/national/article522264.ece

The Supreme Court has asked the High Courts to exercise caution while exercising jurisdiction under Section 482 of the Criminal Procedure Code in quashing criminal proceedings against the accused that are pending in lower courts at the threshold stage.

“The High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not, or whether on a reasonable appreciation of it, accusation would not be sustained. That is the function of the trial Judge/Court,” said a Bench comprising Justice P. Sathasivam and Justice Anil R. Dave.

“It is true that the Court should be circumspect and judicious in exercising discretion and should take all relevant facts and circumstances into consideration before issuing process, otherwise it would be an instrument in the hands of a private complainant to unleash vendetta to harass any person needlessly,” the Bench said. “At the same time, Section 482 [of the Cr.PC] is not an instrument handed over to an accused to short-circuit a prosecution and bring about its closure without full-fledged enquiry.”

Writing the judgment, Justice Sathasivam said “though High Court may exercise its power relating to cognizable offences to prevent abuse of process of any Court or otherwise to secure the ends of justice, the power should be exercised sparingly. Though the powers possessed by the High Court under Section 482 are wide, however, such power requires care/caution in its exercise. The interference must be on sound principles and the inherent power should not be exercised to stifle a legitimate prosecution.”

In the instant case, the State of Andhra Pradesh filed an appeal against a judgment of the Andhra Pradesh High Court quashing criminal proceedings initiated against respondents Gourishetty Mahesh and three others under the Andhra Pradesh Excise Act for possessing black jaggery.

Allowing the appeal and directing the prosecution to continue, the Bench said “in this case apart from specific allegations about the transportation of Jaggery for preparation of illicit distilled liquor, prosecution also placed reliance on laboratory analysis report which mentions that the transported Jaggery is fit for fermentation, producing alcohol unfit for consumption. In those circumstances, whether the raw material in existence would be sufficient for holding the accused persons concerned guilty or not has to be considered only at the time of trial. That being so, the interference at the threshold {stage of} quashing the FIR is to be exceptional and not like routine as ordered by the High Court in the present case.”

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Categories: Other news