Home > Press_release > NFHS press release regarding 498A IPC amendment by Parliament

NFHS press release regarding 498A IPC amendment by Parliament

P R E S S    R E L E A S E

Subject: Parliament considering amendments in section 498A IPC.

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 15500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Due to heavy and rampant misuse of the 498A IPC the Committee on Petitions of the Rajya Sabha, under the Chairmanship of Shri Bhagat Singh Koshyari, Member, Rajya Sabha, is considering a petition praying for amendments in Section 498A of Indian Penal Code, 1860. The petitioner in his petition has pointed out the extensive abuse and misuse of this provision of the Penal Code. According to the petitioner, the abused population undergoes tremendous harassment and torture. As these provisions of the penal code presently go, a complaint without much authenticity or any weight of evidence is enough to arrest the husband or the in-laws or anyone else named in the complaint, irrespective of whether any crime has taken place or not. The petitioner, accordingly, has prayed for suitable modification in section 498A of Penal Code so as to check its abuse and protect the interest of innocent persons.

Our NGO National Family Harmony Society – NFHS constantly persisted upon various authorities in Government for amendments regarding 498A IPC arrest procedure and amendments from many years so that innocent citizens, senior citizens, females are not harassed and arrested arbitrarily.

Hundreds of husbands who are harassed and tortured by their wives approach our NGO to seek help. Even in case of small misunderstanding between couples, wives file criminal cases against husbands and all their family members. Such Husbands and their entire family members 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. Also if the husband is arrested and sent to Jail then there remains no chance of reconciliation between them. If the police officer starts justifying the above stand to arrest everyone named in the FIR then it will lead to chaos in the orderly civil society.

Honorable Supre Court in While disposing CRIMINAL APPEAL NO. 1512 OF 2010 (Arising out of SLP (Crl.) No.4684 of 2009) Preeti Gupta & Another …Appellants Versus State of Jharkhand & Another ….Respondents JUDGMENT held that

The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. To find out the truth is a herculean task in majority of these complaints. The tendency of implicating husband and all his immediate relations is also not uncommon. At times, even after the conclusion of criminal trial, it is difficult to ascertain the real truth. The courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases. The allegations of harassment of husband’s close relations who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complaint are required to be scrutinized with great care and circumspection. Experience reveals that long and protracted criminal trials lead to rancour, acrimony and bitterness in the relationship amongst the parties. It is also a matter of common knowledge that in cases filed by the complainant if the husband or the husband’s relations had to remain in jail even for a few days, it would ruin the chances of amicable settlement altogether. The process of suffering is extremely long and painful. Before parting with this case, we would like to observe that a serious relook of the entire provision is warranted by the legislation. It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases.”

Honorable Supreme court in Sushil Kumar Sharma Vs. Union of India (UOI) and Ors – Jul 19 2005 observed below:

“Merely because the provision is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment. It may, therefore, become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with. Till then the Courts have to take care of the situation within the existing frame work. As noted above the object is to strike at the roots of dowry menace. But by misuse of the provision a new LEGAL TERRORISM can be unleashed.”

Former Chief Justice of India Shri K G Balakrishnan admitted that 498A is the grossly misused IPC section:

“Chief Justice of India K G Balakrishnan on Saturday said that in some cases this section — that deals with matrimonial cruelty — was being `grossly misused’. Elaborating on false cases being filed in recent times, the CJI said that relatives not involved with a matrimonial dispute were unfairly implicated. “In some cases, 498A is grossly misused,” he said. Balakrishnan was speaking at a seminar, `Marriage laws — issues and challenges’, organised by the National Commission for Women.

Read more: CJI Balakrishnan admits to misuse of dowry laws – The Times of India http://timesofindia.indiatimes.com/india/CJI-Balakrishnan-admits-to-misuse-of-dowry-laws/articleshow/4057825.cms#ixzz13SlEnV1u”

DEMANDS: OF NATIONAL FAMILY HARMONY SOCIETY

  • Make 498A IPC Gender neutral so that such husbands who are victims of cruelty from their wives can also lodge complaint. Hence NFHS suggests to consider making this IPC section gender neutral so such husbands who are victim of cruel behavior can also lodge complaint.
  • Bring the IPC 498A under civil law because it deals with matrimonial dispute.
  • Hence NFHS suggests that the role of police should be totally removed in a dispute, which is of matrimonial in nature, and the complaint should be lodged only directly to magistrate.
  • Introduce heavy punishment of 3 years of imprisonment if complaint is found false. Hence NFHS suggests that a punishment clause must be added to IPC 498A so that people will have fear before filing a false complaint.
  • Make 498A IPC bailable.
  • Hence NFHS suggests 498A IPC should be amended in such a way that only at the most only husband should be named in the FIR.
  • NFHS recommends that 498A IPC must be amended in such a way that Income Tax returns and PAN card details of the wife and her parents should be mandatory before registering FIR.
  • NFHS recommends that 498A IPC must be amended in such a way that till the dowry prohibition officer files an affidavit to the court no arrest should be made.
  • NFHS recommends that 498A IPC must be amended in such a way that no complaint should be entertained if marriage certificate is not produced.
  • NFHS recommends that 498A IPC must be amended in such a way that immediately a FIR against wife and her parents should also be for “Giving dowry”.
  • NFHS recommends that 498A IPC must be amended in such a way that as soon as authorities under 498A IPC receive a complaint immediately both the parties should be sent to the mediation center to so that the dispute can be sorted out amicably.
  • NFHS recommends that 498A IPC must be amended in such a way that that 498A IPC should be tried in the fast track court with a mandate to deliver judgment in 60 days as is the case in Domestic Violence Act.
  • NFHS recommends that 498A IPC must be amended in such a way that to avoid harassment to husband and his family from double jeopardy all cases must be clubbed together.
  • NFHS recommends that 498A IPC must be amended in such a way that children and grandparents and other relatives must not be arrested.
  • If anytime during or after the registration of the complaint under 498a or during the mediation/reconciliation courses before the registration of the case, wife expresses her wish to deny the divorce to her husband or if she wishes to continue to live with him then the 498a case should be declared null and void. If wife wishes to continue the case under 498a and also wishes to continue to live with him, then husband should be made eligible for automatic divorce.

For more information please contact

P Suresh, President,                                    M Mahesh, General Secretary,

9880141531                                               9731569970

You are also requested to visit

www.498a.org.in

www.family-harmony.org

https://498amisuse.wordpress.com

Advertisements
Categories: Press_release
  1. Adv R C Mishra
    December 11, 2010 at 11:56 am

    The suggestions of NFHS are very just & genuine. these are in the best favour of family harmony.

  2. mohit kumar
    March 20, 2013 at 1:15 pm

    I m also a victime plz give me. Some suggestion

  1. No trackbacks yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: