498A IPC being used as an extortion and blackmail tool DGP
20th July 2010
The Director General of Police,
Government of Karnataka, State police H.Q,
O/o D.G.P. no.2, Nrupathunga road, Bangalore, Karnataka
Subject: Regarding heavy misuse of “Section 498A of IPC” as an extortion and blackmail tool.
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.
This is with regard to the article published in “Bangalore Mirror” dated 20-July-2010 and also available at the website of the said newspaper. A copy of the said article is attached herewith as an Annexure.
This has become a routine and every week newspapers are having news article about 498A IPC being misused by wives as an extortion and blackmail tool to settle score with husband and his relatives.
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 498A IPC is being increasingly misused as an extortion and blackmail tool. In order to hide their mistakes women file false criminal cases against husbands and all his 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. It is a bitter truth that Law treats MEN and WOMEN differently and most of the laws made with regard to the Matrimonial disputes are heavily in favor of WOMEN. No wonder they are being heavily misused by WOMEN.
Taking acknowledgement of the heavy misuse of 498A IPC “Union Ministry of Home Affairs” issued an Advisory dated 20-October-2009 vide No: 3/5/2008-Judl Cell to all the State Governments and UT’s. But the heavy misuse of 498A IPC is continuing unabated as the police officers are not following such Advisories or earlier circulars issued by the Office of DGP, Karnataka and COP, Bangalore.
In view of the above facts, we submit following list of proposals and demands for your kind consideration. We are available at any time of your convenience to have discussion with you on this subject matter.
- Stop or minimize the involvement of police in “Matrimonial Disputes”.
- Training for the police officers to be sensitive and careful in case of a complaint received under 498A IPC due to large scale misuse of the said section.
- 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 for the “Karnataka Police” to immediately stop arbitrary arrest of Husbands, 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”.
- Instruct police to follow earlier circulars issued by COP-Bangalore, DGP 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”.
P Suresh, President,
National Family Harmony Society