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Brilliant Comment by Shweta on the article of Times of India on 498A Misuse

Brilliant Comment by Shweta on the article of Times of India on 498A Misuse
 
 
Shweta Ag hav posted my comment there: I very much appreciate “Times View” on this article which is creating awareness about an undisputed fact that matrimonial laws are being widely misused. I would also like to mention here that 498A (or the antidowry law), even without death or any damage to the woman filing the complaint, is implemented in such a way that it can easily ruin the complete family of the husband to include his parents and siblings too. It is also a provable fact the in the name of protection of women, these laws have instead resulted in arrest and longterm harassment to much more number of women (sisters, mothers and other female relatives of the husband) than the ones filing such complaints. Infact, for every complaint filed under 498A (anti-dowry law) at least one or more women are implicated and most of the times totally falsely. Torturing and punishing innocents and practicing extortion on the pretext of such laws, can never improve or benefit the society. Death of a married woman is still a different case where at least something odd has happened even if it cannot b assumed randomly that in-laws would be responsible for it; but, most unfortunate is the fact that in the cases where NOTHING at all has happened to the woman evidently, the woman filing the complaint easily manages to grab a huge amount of money just by filing a false dowry complaint and blackmailing and thus misuse of such laws is rising eachday. If this misuse of laws is allowed to continue, our society will lose its family culture soon and even genuine victims of harassment will never get any respect in the society. Needless to say that these laws are just resulting in monetary gains to numerous law professionals that too at the cost of lives of numerous innocent and law abiding citizens of this country. I would request the authorities to stop torturing sisters and mothers in the name of socalled pro-women laws. I would also very humbly request The Times of India to further spread awareness about misuse of matrimonial and maintenance laws through their newspaper and thank you very much again for this generous attempt…. 🙂
Categories: Press_release

NFHS strongly opposes One Hundred and Fortieth Report on the Committee on Petitions of Rajya Sabha under the Chairmanship of Shri Bhagat Singh Koshyari, regarding 498A Amendments

September 14, 2011 2 comments

Press Release

Subject: NFHS strongly opposes One Hundred and Fortieth Report on the Committee on Petitions of Rajya Sabha under the Chairmanship of Shri Bhagat Singh Koshyari, regarding 498A Amendments

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 16500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

The Committee on Petitions of Rajya Sabha under the Chairmanship of Shri Bhagat Singh Koshyari, M.P. presented its Hundred and Fortieth Report to the Rajya Sabha on 7th September, 2011 on the petition praying for amendments in Section 498A of Indian Penal Code, 1860. The Petition was submitted by Dr. Anupama Singh, a resident of New Delhi.

The committee has given some recommendations to Rajya Sabha regarding 498A IPC. Before discussing merits or demerits or expressing our opinion on them, we would like to present different perspective of this issue because the committee has deliberated and recommended some ways and methods to “Stop the misuse of 498A IPC”.

 

There may not be difference of opinion in this country if the subject matter to be discussed is “protection of women”. No doubt, 498A IPC was framed to prevent cruelty on women and act as a deterrent against cruelty on women. If that is the case then the petition is submitted by Dr Anupama Singh who herself is women. The fact that the law has failed and has not solved its purpose and has been seriously misused and abused by greedy women to settle score with husband and his family members is not in dispute.

 

The problem is the committee has given a very technical and legal opinion to an issue which is entirely social and matrimonial in nature and has limited its scope of discussion. E.g.

In the para 13.8 of the report the committee acknowledges that measures are required to “check on false complaints”. The committee recommends that “The Committee feels that the Government should consider providing legal remedies for preventing filing of false complaints or complaints with ulterior motive to harass the husband and his relatives under Section 498A. The Committee recommends that Section 498A be amended so as to provide for specific penalty in case the complaint is found to be false or with some other ulterior motive.”

So when the misuse and abuse of the law is very clear and it is acknowledged that husbands and their family members are also victims of violence, cruelty and false cases then the scope of the discussion should not be limited to “Stop the abuse the 498A IPC”. The larger issue is “Abuse and misuse of Gender biased laws” and “Protection to husband and his family members”.

 

There are many laws and Acts to deal with matrimonial disputes and most of them are NOT “Gender Neutral”. Some of them are 498A IPC, Protection of women from domestic violence Act, 125 of CrPC, Hindu marriage Act, Hindu adoption and succession Act, Guardian and wards Act etc. All these Acts and IPC/CrPC section deals with “Protection to women”, “Alimony and maintenance to women”, “Divorce and child custody” etc. It is well known that all these laws are being heavily misused by greedy women to settle score and to harass the husbands and his family members.

 

The argument of women faces e.g. that of Ex-WCD minister Smt Renuka Chowdry that “women has been suffering from ages and now it is the turn of MEN to suffer” (In one of her TV interviews) OR that “Abuse and misuse is in small number so it is ok” OR to say that “Any law for that matter is being misused” has only aggravated the issue.

 

Unless the government looks at the this grave issue in its entirety and makes serious attempt to solve it by simplifying the laws rather than duplicating the laws this issue will never be solved. We think now the time has come so that Government should look at the larger issue wrt the matrimonial disputes. In view of the above discussion we strongly oppose the report which is nothing but half hearted attempt by Government which is not going to solve the issue. Hence we demand following.

 

  • Misuse and abuse of Laws: Heavy punishment by the way of imprisonment should be introduced in case of misuse of any matrimonial laws.
  • Make matrimonial disputes “Gender biased”. Government is completely ignoring the pain, harassment and torture of husband and his family’s members which they suffer at the hands of greedy women. Thousands of husbands have got divorce from wife on the ground of cruelty. This proves that women also can be cruel. Hence matrimonial laws should be made “Gender neutral” to provide protection to husbands and his family members.
  • Duplication of Laws: Just to deal with the maintenance for wife there are 6 different laws. This is due to the mindset of our law makers to make a new law if there is complaint regarding old law. When Hindu marriage act was already there to deal with the maintenance of the wife then there was no need to bring CrPC 125, or Domestic violence act or HAMA.
  • The definition of women is “Newly married young women”: Even though it is matter of common knowledge that daughter-in-law’s treat their mother-in-law with cruelty even then “Matrimonial laws” are only meant for “Newly married young women”. This must be amended to given protection to all without any consideration of gender or age.
  • Protection to Husband and his families: Currently Husband and his family members do not have any protection from the cruelty of daughter-in-law. Laws should be made gender-neutral for their protection.
  • Child custody issues: Government should bring in amendment for “Shared Parenting”.
  • Never ending litigations: The litigations are so lengthy that by the time a father files for child custody and by the time matter is decided by Supreme Court, the child is ready to have his own child. And similarly once a divorce is filed by spouse, and by the time Supreme Court decides it couple are at the verge of retirement. The litigation in case of matrimonial disputes should be finished in a time bound manner of 1 year.
  • Simplification of Divorce laws: What the relatives and the social circle cannot achieve is sought to be achieved that too by an over burdened presiding officer. Divorces are denied in a routine manner even when criminal cases are pending. Law should be modified keeping in mind the changed social structure.
  • Try all matrimonial disputes under civil law: Involvement of police breaks any possibility of re-union between the couple.

 

Attempt by Government to do some temporary, ad-hoc and stop-gap arrangement by fixing some loop holes in the 498A IPC is neither going to stop the misuse of “Gender biased” laws nor it is going to provide any “protection to husband and his family members” from potential misuse and abuse of law. Government instead of taking ad-hoc and temporary steps should constitute a committee for overhaul of overall matrimonial laws rather than approaching the issue piecemeal basis which will aggravate the issue rather than solving it.   

P Suresh, President,                                                                M Mahesh, General Secretary,

9880141531                                                                               9731569970

Categories: Press_release

NFHS Press Release: Flash Dharna on 02ndJuly11 @Town Hall, Bangalore against recommendation of Law Commission to make 498A IPC Compoundable

Press Release

Subject: National Family Harmony Society® strongly opposes recent recommendation of Law Commission to make 498A IPC Compoundable and has organized Dharna on 02July11 at Town Hall.

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 16000 members all over India. To know more about us please visit www.family-harmony.org / www.498a.org.in / https://498amisuse.wordpress.com

What is compounding of offence: A compoundable offence is one which can be settled privately. The composition of an offence has the effect of an acquittal of the accused. Section 320 of the Code of Criminal Procedure deals with the compounding of offences and specifies by whom they may be settled.

After conducting nationwide consultations, Law Commission, headed by Justice P V Reddy has recommended to make 498A IPC compoundable. The recommendation by Law Commission is nothing but a half hearted approach which will aggravate the issue rather than solving it. The Law commission was given following mandate, which is the first paragraph of the “Consultation Paper-cum-Questionnaire regarding Section 498-A of Indian Penal Code” prepared by Law commission.

“Keeping in view the representations received from various quarters and observations made by the Supreme Court and the High Courts, the Home Ministry of the Government of India requested the Law Commission of India to consider whether any amendments to s.498A of Indian Penal Code or other measures are necessary to check the alleged misuse of the said provision especially by way of over-implication.”

From above it is very clear that Law Commission was clearly asked by Union Home Ministry to suggest amendments, in views of heavy misuse of the 498A IPC. But the recommendation of the Law Commission is, in fact going to increase the misuse of 498A IPC. If a complaint is lodged by a wife against her husband alleging cruelty under 498A IPC then the complaint should be tried in the court of law as it is a criminal offence and must not be compounded under any circumstances.

Allowing a criminal offence to be compounded is nothing but mockery of the criminal justice system. E.g. if a person ‘A’ has “attempt to murder case” on him for trying to kill person ‘B’, then can the offence be compounded just because both the parties have reached an agreement for an settlement amount. If this tendency to compound a criminal offence is allowed then for every offence there will be a “settlement amount” and there will be no fear of committing a crime. E.g.

  • A rapist can rape a girl and get away by paying “settlement amount”.
  • A Murderer can commit murder and still get away by paying “settlement amount” to the relatives of the person whom he murdered.
  • A person can indulge in riots and then offer “settlement amount” to Government to pardon him for the committed crime.

498A IPC should NOT be made compounded because…

  • It will open a flood gate of more false cases.
  • Judiciary is already struggling to differentiate between true and false cases in 498A IPC.
  • Also only rich and mighty will be able to settle the cases.
  • Criminals should be punished and not let off by “settlement amount”.

In view of above NFHS strongly opposes recommendation of the Law commission to make 498A IPC compoundable.

Suresh P, President,                                                                       Mahesh M, General Secretary

9880141531                                                                                       9731569970

Categories: Press_release

Procession concluded by Dharna on 04-06-2011 by National Family Harmony Society® to protest against heavy misuse of Domestic Violence Act

Press Release

Subject: Procession concluded by Dharna on 04-06-2011 by National Family Harmony Society® to protest against heavy misuse of Domestic Violence Act and subsequent breaking of families.

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 16000 members all over India. To know more about us please visit www.family-harmony.org / www.498a.org.in / https://498amisuse.wordpress.com

Procession starting at Town Hall @10.00 AM

Procession concluding at Banappa Park @10.30 AM

Dharna at Banappa Park 10.30 AM – 12.00 Noon

On the face of it, the law appears to be a blessing for people in abusive or violent relationships. However, a careful analysis reveals that, under the ploy of “women welfare”, this law is yet another misguided attempt to enact legislation, which is bound for heavy misuse, breaking families and to create a society where men are deprived of their rights. There are three fundamental problems with this law :-

a) It is overwhelmingly gender biased in favor of women

b) The potential for misuse is astounding

c) The definition of domestic violence is too expansive and loosely worded

The Domestic Violence Act was formed to stop the Domestic Violence against women but now it is being misused to such an extent that women suffering from its misuse have far outnumbered the women suffering from Domestic Violence. It is necessary to take steps to stop the misuse of this Act to prevent the family system of India from breaking down and at the same time ensure justice to genuinely abused women.

1)    DV Act should be made gender-neutral and equal protection should be provided to men and women against physical, emotional, verbal and economic abuse.

2)    DV Act, like every other law, must be based on the presumption of innocence until guilt is proved. In addition, the DV Act must follow the principle of according a fair trial to the accused.

3)    Service providers should not be delegated with judicial and investigatory functions. In addition, service providers and counselors must be persons or organizations who have a track record of working for family harmony, true gender equality, and possess a balanced and educated approach towards serious issues like domestic violence.

4)    In order to protect victims of domestic violence from further abuse, they should be removed from the abusive situation and relocated to shelters homes. Denying the accused persons of residential rights on their own property violates the human rights of the accused. In addition, a genuine victim who is not removed from the site of abuse is more likely to fall prey to violence again and again.

5)    A complainant should not be allowed to claim maintenance under DV Act, as there are four other existing provisions, CrPC 125, Hindu Marriage Act Section 24, Hindu Marriage Act Section 25, and HAMA 18, which simultaneously allow woman to seek maintenance.

6)    DV Act should not be allowed to contain any of the same protections and provisions granted under any other laws without first repealing those other laws and rendering them ineffective. For example, since the DV Act provides protection to women against cruelty by the husband and his relatives, IPC Section 498A should be repealed with immediate effect.

7)    DV Act attempts to legalize live-in relationships, thereby violating laws against polygamy. Forcing legal interference into a relationship that is legally invalid is simply ridiculous. Therefore, live-in relationships must be removed from the purview of the DV Act.

8)    Child custody decisions should not be decided by DV Act as they are summary trials. Rather it should be decided by Family Court after full fledged trials after taking into consideration of the welfare of the child.

9)    Persons filing false cases to settle personal scores should be severely punished for misusing the judicial process and blocking the path of justice for genuine victims.

In short, the DV Act should be replaced by a more benign, sensible, gender-neutral legislation that ensures women and men their rightful, honorable place within and outside the home, in order to promote family harmony, reduce litigations and prevent legal terrorism and extortion through misuse of the law.

For Further Information please contact:

P Suresh, President, 9880141531

M Mahesh, General Secretary, 9731569970

Categories: Press_release

NFHS Press release on Judicial Corruption and discussion

P R E S S    R E L E A S E

Subject: National Family Harmony Society® strongly demands for early passage of judicial accountability and standard bill in the wake of CJI Hon’ble S H Kapadia’s remark “clean man in black robe”, in the wake of corruption charges against Judiciary.

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 16000 members all over India. To know more about us please visit www.family-harmony.org / www.498a.org.in / https://498amisuse.wordpress.com

Demands and thoughts from NFHS®:

 

1. Judiciary has to be clean and corruption free because that is the only institution citizens has still faith left.

 

2. The issue is there is no effective mechanism/body/institution to deal with corruption in Judiciary.

 

3. Judiciary seems to be hushing up things.
 o Example1: There was lots of reluctance to declare their assets on public domain.
 o Example2: There response to the RTI application is mostly evasive.

 

4. So it gives a feeling that they have something to hide and they do not want to be transparent.

 

5. If there is no corruption in judiciary and they claim they are clean then why there is so much resistance to the RTI applications and to declare their assets.

 

6. So it is high time that parliament pass the judicial accountability and standard bill on high priority.

 

7. Currently even though it a matter of common knowledge that corruption does exist in judiciary but it is not spoken openly just because people fear the contempt of court for criticizing judiciary.

 

8. Expecting the judiciary to correct its own shortcomings may be as hopeless as expecting the Indian Administrative Services to provide for the punishment of their own or expecting the politicians to clean up their own act.

 

9. Judges are one among us and part of the society. There could be temptations to succumb to corruption and still not being caught.

 

10. The Supreme Court’s observations on the rot in the Allahabad High Court are disturbing. A Bench consisting of Justice Markandey Katju and Justice Gyan Sudha Misra said on November 26 that most judges of this High Court are corrupt and collude with advocates.

 

11. Sadly, many High Court judges are facing charges of corruption. The cases involving Justice Soumitra Sen of the Calcutta High Court, Chief Justice P.D. Dinakaran of the Sikkim High Court (formerly of the Karnataka High Court) and Justice Nirmal Yadav of the Uttarakhand High Court (formerly of the Punjab and Haryana High Court) are all at various stages.

 

12. The charge that many former Chief Justices of India were corrupt has given a new twist to judicial corruption.

 

13. There is also the Rs 23-crore Ghaziabad PF scam in which a Supreme Court judge (since retired), seven Allahabad High Court judges, 12 judges of the subordinate courts and six retired High Court judges are allegedly involved. The key accused, Ashutosh Asthana, died in jail mysteriously in October, 2009. He had provided vital documents to the CBI that established connivance of these judges.

 

14. Corrupt judges in the higher judiciary can be removed only by impeachment. However, this method is cumbersome. The problem is not just a question of devising proposals for removal. The Judges (Inquiry) Act, 1968, prefaces impeachment by judicial inquiry. In Supreme Court Judge Justice V. Ramaswamy’s case, the inquiry indicted him but the impeachment motion fell through in Parliament in 1992.

 

15. The government should fast-track all cases of moral turpitude, corruption and nepotism. The process of impeachment of a judge should be speeded up with a time limit for obtaining the President’s sanction and impeaching him/her.

 

16. Justice Katju and Justice Misra referred to the syndrome of “uncle judges”. The Union Law Ministry admits that this menace has spread to many High Courts, including those in Chandigarh, Shimla and Jaipur.

 

17. In its 230th Report (2009), the Law Commission has recommended that in order to eliminate the practice of “uncle judges”, the judges, whose kith and kin are practicing in a High Court, should not be posted in the same High Court. Union Law Minister M. Veerappa Moily should help check this menace.

 

18. There is a need to change the method of selection of judges. The current collegium system of appointment of judges has failed to attract persons of impeccable integrity. The country deserves a more credible, transparent and broad-based institutional mechanism for selecting judges.

 

19. As the UK Supreme Court had done early this year, our apex court, too, should advertise vacancies in the Supreme Court and High Courts in the newspapers.

 

20. Judicial orders/Judgements should be subject to the review by an independent body if it is felt that the order was passed by corrupt means.

 

For more information please contact

P Suresh, President                                                                 M Mahesh, General Secretary,

9880141531                                                                          9731569970

Categories: Press_release

NFHS press release regarding 498A IPC amendment by Parliament

December 11, 2010 2 comments

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

Categories: Press_release

NFHS Press Release – Karnataka DGP Circular

P R E S S    R E L E A S E

Subject: National Family Harmony Society demands strict implementation of the circular issued by DGP-Karnataka on 01/10/2010 to stop arbitrary arrests in case of 498A IPC.

NFHS is going to monitor all the police stations within Karnataka over next few months. And if it comes to our notice that any police station has not followed these guidelines of DGP then we will initiate Contempt cases against such police stations demanding their suspension. It is our social responsibility as an NGO to see that innocent citizens do not suffer due to misuse of law. We request our media friends to create awareness of this DGP circular. We maintain zero tolerance to arbitrary arrests.

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.

Due to heavy and rampant misuse of the 498A IPC Ministry of Home Affairs had issued a circular on 20th October 2009 to all the state Governments including Karnataka Government with guidelines to be followed. Our NGO National Family Harmony Society – NFHS constantly persisted upon various authorities in Government of Karnataka to issue appropriate guidelines to the state police. Subsequently the DGP office has issued circular with guidelines regarding 498A IPC arrest procedure 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 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.”

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”

HOW THE MISUSE IS HAPPENING

·         498A IPC is non bailable hence police tends to arrest everyone named in the FIR.

·         Even far relatives like uncles are named in the FIR without proof.

·         There are instances where school going children and senior citizens like grandfather and grandmother had been named in FIR and arrested.

·         498A IPC has been used as a blackmail tactics.

·         By filing FIR huge amount is demanded and in case of failure all accused are arrested.

·         There are instances when pregnant sisters are arrested

·         There are instances where relatives and parents staying in abroad are arrested.

·         Wild, imaginary and baseless allegations are leveled against family members of husbands.

·         498A is being used as legal terrorism.

·         Trial of 498A takes minimum of 7-8 years in Trial court. So all family members of husband suffer by running around the corridors of Courts for those years before they are declared innocents.

·         80% of the cases are registered only in the second half of the week in order to take advantage of the weekends and to keep the husband & his relatives for maximum no. of days in jail.

DEMANDS: OF NATIONAL FAMILY HARMONY SOCIETY

  • 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.
  • Implement the circular of the DGP office strictly to stop arbitrary arrest of elderly persons, children and pregnant sisters on a complaint under 498A IPC to all the police stations in the state within next 1 month.
  • No arrest before written permission of DCP level officer. DCP should mention the reasons for arrest. The police manual should be updated appropriately.
  • 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”.
  • Make 498A bailable and compoundable.
  • No FIR without wife provides evidence for all allegations.
  • Bring in amendments to make IPC 498A “Gender Neutral” so that those husbands and in-laws who are harassed can also make complaint under this IPC section against cruel wives.
  • Scrutiny with the Income Tax department to be made part of the investigation in cases where dowry, gold, gifts & marriage expenses are claimed as 5 lakhs or more. This is to account for the exact transactions occurred and the source of income for these amounts. Police manual to be updated accordingly.

 

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

Categories: Press_release