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Rajya Sabha individual format 3

16th December 2010 / Bangalore


Shri Rakesh Naithani,Joint Director, Rajya Sabha Secretariat, Parliament House Annexe,

New Delhi – 110001 Tel: 011-23035433 (O), Fax: 011-23794328

Subject: Comments/Suggestions regarding amendment to section 498A of the IPC.

I, ______________________an ordinary citizen of India want to bring to the kind attention of yourself that 498A IPC is one of the most abused and misused provision in this country. The law is so misuse that on a mere complaint of wife police is hell bent to arrest all those named in the FIR without any investigation or proof.

It is a common knowledge that divorce rates have skyrocketed in this country due to various reasons such as urbanization, more and more women are working now hence the couple les less time at home, increase in extra martial affair etc.

Now whenever there is a matrimonial dispute between husband and wife then immediate reaction of the wife and her family member is to rush to the nearest police station and file a complaint. Little realizing that once husband and his family members are humiliated by the unprofessional police (who are not capable to deal a dispute of matrimonial in nature) then all chances of reconciliation are broken.

•        I as an ordinary citizen of this country also fails to understand that why a dispute which is of civil in nature is being tried under criminal law?

•        I also fail to understand that what is the need and necessity to rush to arrest all the members named in the FIR.

•        I also fail to understand why even grandparents and even school going children have been arrested by misusing this Act.

This law is so biased in nature that anyone can be victim of this law. Just to give an example, even senior congressmen and former Chief Minister of Madhya Pradesh Shri Arjun Singh and Former Pakistan cricketer Shoaib Malik has also not been spared from this law.

While no one is questioning protection and safety to women of the society but at the same time law should be dynamic rather than static. The law is made by Honorable parliament by keeping in mind the need of the society. In today’s changed social situation and circumstance, where women are getting equally educated and better employment are filing cases against their husband and his family members at the drop of the hat.

Every failed marriage is being shown as dowry harassment case. No wonder most of these cases are found false by the courts where it is found that complaints are exaggerated and far from truth.

Unfortunately there is no law in this country to defend husband if they are victims of Domestic Violence or cruelty at the hands of their wives. Even the Protection of women from domestic violence Act assumes that only a women can be a victim of domestic violence.

I as an ordinary citizen of this country appeal to the Honorable committee to consider making 498A IPC…

•        Gender Neutral (So that such husbands who are victims of cruelty at the hands of wife also can file complaint),

•        Bailable (So that no arrest is made just on the basis of a complaint),  

•        Heavy punishment to those who are found misusing this section.

•        No arrest of elderly people, children and other relatives of husband

Yours Sincerely






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