Home > Press_release > 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 – 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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