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Request for DGP-Karnataka-Circular on the line of DGP-TamilNadu-Circular – HM-KA

27th July 2010

Bangalore

To,

Dr V.S. ACHARYA, Honorable Karnataka Home Minister,

Room No.315, 315-A, Vidhana Soudha, Bangalore-560001

Subject: Request for DGP-Karnataka-Circular on the line of DGP-TamilNadu-Circular based upon the orders of Honorable Justice Regupathi of Chennai High Court

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.

Dear Sir,

The heavy misuse of 498A IPC by estranged wives in case of matrimonial dispute is increasing day by day. This fact is acknowledged by various High Courts and Honorable Supreme Court. In almost every session of parliament, honorable members of the parliaments are asking questions to the Government regarding heavy misuse of Dowry Laws and measures taken by Government to curb its misuse. Every other day newspapers carry news articles about heavy misuse of Dowry related laws and protest done by husbands and his family members who have to undergo humiliation, harassment and torture due to these “Women Centric” laws. There are also scores of news articles where the husbands and his family members have committed suicide as they were unable to cope up the pressure of false criminal cases.

Our police who are trained to deal with criminals are insensitive and incapable to deal with a complaint of the matrimonial dispute. Our NGO receives large number of cases of harassed husbands who have to go through the agony and harassment in the police stations which are acting as “settlement centers” to extract huge amount of money from husbands to settle the dispute which are of matrimonial in nature. Use of physical force and abusive language against husbands and his family members inside the police stations is norm of the day.

Honorable Justice Regupathi of the Chennai High Court issued the following observation in M.P. No.1/2008 in Criminal Original Petition No.10896/2008 filed by Tr.Romaiah. In compliance of the observation made in the above said order, DGP-Tamil Nadu has issued a Circular Memorandum for the State Police of Tamil Nadu. The said order of the Honorable Justice Regupathi alongwith the Circular Memorandum of DGP-Tamil Nadu is attached herewith as Annexure.

We, National Family Harmony Society®, request your office to direct DGP-Karnataka to issue a similar Circular for the State Police of Karnataka. If such a circular is issued and implemented in true spirit then it will go a long way to curb the heavy misuse of the 498A IPC.

We are available at any time of your convenience to have discussion with you on this subject matter.

P Suresh, President,

9880141531         

National Family Harmony Society

Categories: Home Minister

Request for Karnataka Circular – Karnataka Home Minister

21th July 2010

Bangalore

To,

Dr V.S. ACHARYA, Honorable Karnataka Home Minister,

Room No.315, 315-A, Vidhana Soudha, Bangalore-560001

 

Subject: Request to issue a Circular for the “Karnataka Police” based on the Advisory issued by “Union Ministry of Home Affairs” to “Chief Secretary, Government of Karnataka” and on the line of Circular issued by “Maharashtra Government”.

 

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.

Dear Sir,

Taking acknowledgement of the rampant misuse of the 498A IPC, “Union Ministry of Home Affairs” had issued an Advisory to the “Chief Secretary, Government of Karnataka” dated 20-October-2009 vide no 3/5/2008-Judl Cell. The said Advisory is attached herewith as an Annexure A.

Acting on the said Advisory of the “Union Ministry of Home Affairs”, various State Governments have started issuing circulars to its police department to comply with the said Advisory. Please find attached one such circular issued by the “Maharashtra Government” as Annexure B.

Main highlights of the circular issued by the “Maharashtra Government” are below.

  • Police should not arrest the accused without a warrant.
  • Police should conduct a preliminary inquiry before filing a First Information Report (FIR)
  • Police told to first verify the complaint before registering it

 

The media coverage related to the circular issued by the “Maharashtra Government” is attached herewith as Annexure C (Mumbai Mirror), Annexure D (Times of India) and Annexure E (Afternoon Despatch).

In the light of above facts we, National Family Harmony Society® request to issue a similar circular for the “Karnataka Police” so that heavy misuse of the 498A IPC can be curbed and innocent husbands and his family members who are being implicated in the false cases can get some respite and relief.

We are available at any time of your convenience to have discussion with you on this subject matter.

P Suresh, President,

9880141531         

National Family Harmony Society

Categories: Home Minister

498A IPC being used as an extortion and blackmail tool HM

20th July 2010

Bangalore

To,

Dr V.S. ACHARYA, Honorable Karnataka Home Minister,

Room No.315, 315-A, Vidhana Soudha, Bangalore-560001

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.

Dear Sir,

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.

http://bangaloremirror.com/article/10/20100720201007200523421056440d345/Inspector-goes-soft-on-woman-despite-husband%E2%80%99s-suicide-note.html#ftr2

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.

 

OUR DEMANDS

 

  • 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,

9880141531         

National Family Harmony Society

Categories: Home Minister

Rise of “Women Criminals” – MEMO to Governor-Home Minister-KA

15th July 2010

Bangalore

To,

Dr V.S. ACHARYA

Honorable Karnataka Home Minister,

Room No.315, 315-A
Vidhana Soudha,
Bangalore-560001

Subject: Despite rise of “Women Criminals” Police is still arresting innocent husbands falsely accused under “Section 498A of 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 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

This is with regard to the article published in “The Times of India” dated 14-July-2010 and also available at the website of the said newspaper.

http://timesofindia.indiatimes.com/city/bangalore/Murder-jigsaw-solved-justice-done/articleshow/6165050.cms

Similarly there was an article published in “Deccan Herald” dated 4-Nov-2009 and also available at the website of the said newspaper.

http://www.deccanherald.com/content/34320/triple-murder-kingpin-arrested.html

This 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.

I would take this opportunity to bring to your kind attention and notice the judgment of the Honorable Supreme Court of India reported in “1994 AIR 1349 1994 SCC (4) 260 JT 1994 (3) 423 1994 SCALE (2)662” dated “25/04/1994” by Honorable Former Chief Justice VENKATACHALLIAH, M.N.

“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.”

In view of the above facts, we submit following list of proposals and demands for your kind consideration. We are available at any time to have discussion with you on this subject matter.

 

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, DGP-Karnataka 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,

9880141531         

National Family Harmony Society

Categories: Home Minister

Regarding arbitrary arrests under 498A IPC – Home Minister – Karnataka

8th July 2010

Bangalore

To,

Dr V.S. ACHARYA

Honorable Karnataka Home Minister,

Room No.315, 315-A
Vidhana Soudha,
Bangalore-560001

Subject: Regarding arbitrary arrests of ordinary law-abiding citizens in Karnataka under IPC Sections 498A, 304B, Dowry Prohibition Act and related laws.

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.

Honorable members of the Parliament have been raising questions in the parliament at regular interval regarding the heavy misuse of IPC Sections 498A, 304B, Dowry Prohibition Act and related laws. Please find some of the questions raised by members of Parliament regarding heavy misuse of women centric laws.

T a b l e – 1

Sl No Question number House Name of  Member Answered on Subject
1 1409 RAJYA SABHA SHRI MOTILAL VORA  01.08.2003 MISUSE OF DOWRY PROHIBITION ACT
2 1610 RAJYA SABHA SHRI R.S. GAVAI  16.03.2005 INCREASING NUMBER OF FALSE DOWRY CASES
3 2698 RAJYA SABHA SHRI ABU ASIM AZMI  22.08.2005 AMENDMENTS TO DOWRY PROHIBITION ACT
4 2805 RAJYA SABHA PROF. RAM DEO BHANDARY  23.08.2006 HARASSMENT DUE TO DOWRY ALLEGATIONS
5 3876 RAJYA SABHA SHRI MAHENDRA SAHNI  10.05.2007 AMENDMENT IN ANTI DOWRY LAW
6 4501 RAJYA SABHA SHRI SURENDRA LATH  16.05.2007 MISUSE OF DOWRY PROHIBITION ACTs
7 1474 RAJYA SABHA SHRI BRIJ BHUSHAN TIWARI  03.12.2007 AMENDMENTS TO DOWRY LAWS
8 1696 RAJYA SABHA SHRI LALIT KISHORE CHATURVEDI  05.12.2007 PUNISHING PEOPLE FILING FALSE DOWRY RELATED CASES
9 2933 RAJYA SABHA SHRI KAMAL AKHTAR  21.04.2008 STIFFER ANTI DOWRY LAWS
10 1474 RAJYA SABHA SHRI BRIJ BHUSHAN TIWARI  03.12.2007 AMENDMENTS TO DOWRY LAWS
11 1073 RAJYA SABHA SHRI AMAR SINGH  10.03.2008 AMENDMENT OF ANTI DOWRY ACT
12 304 RAJYA SABHA ABU ASIM AZMI  20.10.2008 MISUSE OF ANTI DOWRY ACT
13 440 LOK SABHA SHRI SANAT KUMAR 28.08.2001 Dowry Prohibition Act and Domestic
14 1012 LOK SABHA Shri RAMDAS ATHAWALE 06.03.2007 AMENDMENT IN DOWRY ACT
15 440 LOK SABHA Shri SANAT KUMAR MANDAL 20.02.2009 DOWRY PROHIBITION ACT AND DOMESTIC VIOLENCE ACT
16 2030 LOK SABHA Shri DALPAT SINGH PARASTE 30.11.2007 ABUSE OF ANTI-DOWRY LAW
17 193 LOK SABHA Shri RAGHUVIR SINGH KAUSHAL 16.11.2007 FALSE IMPLICATION IN DOWRY DEATH CASES
18 1181 LOK SABHA Kunwar REWATI RAMAN SINGH 21.08.2007 COMPLAINTS ON DOWRY BY NRIs
19 382 LOK SABHA Shri N CHELUVARAYA SWAMY SWAMYGOWDA 20.11.2009 MISUSE OF DOWRY PROHIBITION ACT, 1961S

 

Honorable Supreme Court and various High Courts have observed from time to time that these women centric laws are being highly misuse. Honorable Supreme Court had observed that IPC 498A is being used as “Legal Terror”. Some of the observation of the Supreme Court and various High Courts are compiled below:

 

T a b l e –  2

Sl No Court Case Number/Reported Year Between
1 Supreme Court Writ Petition (C) No. 141 of 2005) 2005 Sushil Kumar Sharma Vs. Union of India (UOI)
2 Supreme Court Appeal (crl.) 206 2008 Som Mittal Vs Govt. of Karnataka
3 Supreme Court Appeal (crl.) 1716 of 2007 2007 Onkar Nath Mishra & Ors vs State (Nct Of Delhi) & Anr
4 Supreme Court 2000 (2) JCC (SC) 657: 2000 (5) SCC 207 2000 Kans Raj vs. State of Punjab and others
5 Delhi HC Crl.A.No.339-41/2005 2010
6 Delhi HC CRL.M.C.7262/2006 2007
7 Delhi HC CRL. R 462/2002  2003 Savitri Devi Versus  Ramesh Chand and Ors.
8 AP HC A. A. O. No. 1039 of 2001 2002 Saritha Vs R.Ramachandra
9 Punjab & Haryana HC (1990)2 Rec Cri R 243 1990 Jasbir Kaur vs. State of Haryanas
10 Supreme Court CriLJ 2993 2000 Kanaraj vs. State of Punjab
11 Karnataka HC 2002 CriLJ 3605 State Vs. Srikanth
12 Supreme Court 2002 CriLJ 4124 2002 Mohd. Hoshan vs. State of A.P.
13 Delhi HC 2003 CriLJ 2759 2003 Savitri Devi vs. Ramesh Chand
14 Punjab & Haryana HC 2003 CriLJ 3394 2003 Bhupinder Kaur and others vs. State of Punjab and others
15 Jharkhand HC 2004 CriLJ 2989 2004 Arjun Ram Vs. State of Jharkhand and another
16 Punjab & Haryana HC RCR (Criminal) 163 2002 Mukesh Rani Vs. State of Haryana
17 Delhi HC 2001 (2) JCC (Delhi) 86 2001 Anu Gill Vs. State & Anrs
18 Supreme Court AIR 2005 SC 1989 2005 Ramesh & Ors. Vs. State of Tamil Nadu
19 Delhi HC CHANDER KANTA LAMBA & ORS
20 ADDITIONAL SESSIONS JUDGE Revision No. 88/2008/2002 2002
21 Punjab & Haryana HC 2002 Krishan Jeet Singh vs State Of Haryana
22 Orissa HC 2003 Benumadhab Padhi Mohapatra vs State
23 AP HC Criminal Petition No. 6642 of 2007 2007 Kamireddy Mangamma and others
24 Allahabad HC CRIMINAL MISC. WRIT PETITION No. – 3322 of 2010 2010 Sanjeev Kumar & Others vs State Of U.P.s

 

The Universal Declaration of Human Rights states:

  • Everyone has the right to life, liberty and security of person.
  • No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
  • Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
  • No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence or to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.

 

In blatant violation of all the above rights, thousands of husbands and their families are arbitrarily arrested every year, without evidence or investigation, under IPC Sections 498A, 304B, Dowry Prohibition Act, and related wife-centric laws which presume that the accused are “guilty until proven innocent”.

National Human Rights Commission (NHRC) has noted the misuse of dowry laws, arrest of innocent individuals and the resultant overcrowding of prisons. NHRC has urged the judiciary and law enforcement agencies to take measures against these abuses. High Courts across the country and the Supreme Court have condemned the misuse of dowry laws. The Commissioner of Police, Bangalore had issued standing instructions vide memo to check arbitrary arrests. The DGP, Karnataka has also issued a circular to implement 11 guidelines issued by Honorable Supreme Court of India regarding arrests and detention of Individuals in Cr WP No. 539/1986 and Cr WP No.592/1987. By taking note of the heavy misuse of the 498A IPC, recently on October 20, 2009, Union Ministry of Home Affairs had issued an advisory to all the state Governments and Union Territories. National Commission of Human Rights also has issued guidelines regarding arrests.

Nevertheless, abuse of police powers continues and unnecessary arrests have only been growing in the State of Karnataka. Police routinely enter people’s homes at ungodly hours, take accused men and women into custody, and incarcerate them in the name of “protecting women from cruelty and harassment”. Innocent citizens are illegally detained, humiliated, subjected to mental and physical torture, blackmail and extortion. The honor and reputation of these accused individuals is simultaneously attacked through media trial and unrestrained slander by women’s organizations every day. Thousands of men and women have been driven to suicide due to the trauma of false cases, arrest, prolonged trials and the resultant humiliation and financial troubles they have to endure.

According to statistics published by the National Crime Records Bureau in 2007 alone, an overwhelming 94% of the individuals arrested under IPC Section 498A were found not guilty. A closer look at individual cases under Section 498A reveals that arrests are made by lower cadre police officials without proper justification and only with the intent of terrorizing innocent citizens and extorting money from them under the threat of imprisonment and long-drawn legal battles.

Our numerous pleas to the Government of India to stop arbitrary arrests of citizens under IPC Section 498A have fallen on deaf ears. On the other hand, new laws are always on the anvil (sexual assault, work place harassment, acid attacks etc.) which stress on immediate arrest of men upon mere accusations made by women.

While it is amply clear that under the prevailing circumstances, arrest is inevitable for any man facing allegations of abuse or assault, it is imperative that innocent citizens are prepared to go to jail even if they committed no crime. Ordinary law abiding citizens and their kin should be freed from the fear of jail and the concomitant feelings of humiliation and suffering so that they do not drive themselves into depression, ruin their health or end their own lives.

In spite of All round coverage by Media regarding heavy Misuse of IPC 498A, questions in the parliament by honorable MPs, Critical remarks by various HCs and SC, Observation by NHRC, advisories issued by Union Home Ministry from time to time, State Governments are not taking any steps to prevent the heavy misuse of IPC Sections 498A, 304B, Dowry Prohibition Act and related laws. These laws are so biased and dangerous that any innocent can become victim just on a false complaint by a woman. Even celebrities like Pakistani Cricketer Shoaib Malik and Former Union Minister Arjun Singh have not been spared have been falsely implicated under these laws.

 

OUR Demands:

 

  • Stop the heavy misuse of Gender Biased laws such as 498A, 304B, Dowry Prohibition Act and related laws by bringing in amendments to these laws in Karnataka.
  • No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
  • Bring in state amendment in Karnataka to stop arbitrary arrest of elderly persons, children and pregnant sisters.
  • Issue necessary orders in Karnataka to prevent arbitrary arrests by police and to implement the advisory issued by the Union Home Ministry regarding heavy misuse of the 498A IPC.

 

 

 

P Suresh, President,                                           M Mahesh, General Secretary,

9880141531                                                      9731569970

National Family Harmony Society                         National Family Harmony Society

Categories: Home Minister

Regarding arbitrary arrests under 498A IPC – Union Home Minister

8th July 2010

Bangalore

To,

Union Home Minsiter Shri P Chidambaram,

Ministry of Home Affairs, North Block
Central Secretariat
New Delhi – 110 001
Phone: 23092011, 23092161
Fax: 23093750, 23092763

Subject: Regarding arbitrary arrests of ordinary law-abiding citizens under IPC Sections 498A, 304B, Dowry Prohibition Act and related laws.

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.

Honorable members of the Parliament have been raising questions in the parliament at regular interval regarding the heavy misuse of IPC Sections 498A, 304B, Dowry Prohibition Act and related laws. Please find some of the questions raised by members of Parliament regarding heavy misuse of women centric laws.

T a b l e – 1

Sl No Question number House Name of  Member Answered on Subject
1 1409 RAJYA SABHA SHRI MOTILAL VORA  01.08.2003 MISUSE OF DOWRY PROHIBITION ACT
2 1610 RAJYA SABHA SHRI R.S. GAVAI  16.03.2005 INCREASING NUMBER OF FALSE DOWRY CASES
3 2698 RAJYA SABHA SHRI ABU ASIM AZMI  22.08.2005 AMENDMENTS TO DOWRY PROHIBITION ACT
4 2805 RAJYA SABHA PROF. RAM DEO BHANDARY  23.08.2006 HARASSMENT DUE TO DOWRY ALLEGATIONS
5 3876 RAJYA SABHA SHRI MAHENDRA SAHNI  10.05.2007 AMENDMENT IN ANTI DOWRY LAW
6 4501 RAJYA SABHA SHRI SURENDRA LATH  16.05.2007 MISUSE OF DOWRY PROHIBITION ACTs
7 1474 RAJYA SABHA SHRI BRIJ BHUSHAN TIWARI  03.12.2007 AMENDMENTS TO DOWRY LAWS
8 1696 RAJYA SABHA SHRI LALIT KISHORE CHATURVEDI  05.12.2007 PUNISHING PEOPLE FILING FALSE DOWRY RELATED CASES
9 2933 RAJYA SABHA SHRI KAMAL AKHTAR  21.04.2008 STIFFER ANTI DOWRY LAWS
10 1474 RAJYA SABHA SHRI BRIJ BHUSHAN TIWARI  03.12.2007 AMENDMENTS TO DOWRY LAWS
11 1073 RAJYA SABHA SHRI AMAR SINGH  10.03.2008 AMENDMENT OF ANTI DOWRY ACT
12 304 RAJYA SABHA ABU ASIM AZMI  20.10.2008 MISUSE OF ANTI DOWRY ACT
13 440 LOK SABHA SHRI SANAT KUMAR 28.08.2001 Dowry Prohibition Act and Domestic
14 1012 LOK SABHA Shri RAMDAS ATHAWALE 06.03.2007 AMENDMENT IN DOWRY ACT
15 440 LOK SABHA Shri SANAT KUMAR MANDAL 20.02.2009 DOWRY PROHIBITION ACT AND DOMESTIC VIOLENCE ACT
16 2030 LOK SABHA Shri DALPAT SINGH PARASTE 30.11.2007 ABUSE OF ANTI-DOWRY LAW
17 193 LOK SABHA Shri RAGHUVIR SINGH KAUSHAL 16.11.2007 FALSE IMPLICATION IN DOWRY DEATH CASES
18 1181 LOK SABHA Kunwar REWATI RAMAN SINGH 21.08.2007 COMPLAINTS ON DOWRY BY NRIs
19 382 LOK SABHA Shri N CHELUVARAYA SWAMY SWAMYGOWDA 20.11.2009 MISUSE OF DOWRY PROHIBITION ACT, 1961S

 

Honorable Supreme Court and various High Courts have observed from time to time that these women centric laws are being highly misuse. Honorable Supreme Court had observed that IPC 498A is being used as “Legal Terror”. Some of the observation of the Supreme Court and various High Courts are compiled below:

T a b l e –  2

Sl No Court Case Number/Reported Year Between
1 Supreme Court Writ Petition (C) No. 141 of 2005) 2005 Sushil Kumar Sharma Vs. Union of India (UOI)
2 Supreme Court Appeal (crl.) 206 2008 Som Mittal Vs Govt. of Karnataka
3 Supreme Court Appeal (crl.) 1716 of 2007 2007 Onkar Nath Mishra & Ors vs State (Nct Of Delhi) & Anr
4 Supreme Court 2000 (2) JCC (SC) 657: 2000 (5) SCC 207 2000 Kans Raj vs. State of Punjab and others
5 Delhi HC Crl.A.No.339-41/2005 2010
6 Delhi HC CRL.M.C.7262/2006 2007
7 Delhi HC CRL. R 462/2002  2003 Savitri Devi Versus  Ramesh Chand and Ors.
8 AP HC A. A. O. No. 1039 of 2001 2002 Saritha Vs R.Ramachandra
9 Punjab & Haryana HC (1990)2 Rec Cri R 243 1990 Jasbir Kaur vs. State of Haryanas
10 Supreme Court CriLJ 2993 2000 Kanaraj vs. State of Punjab
11 Karnataka HC 2002 CriLJ 3605 State Vs. Srikanth
12 Supreme Court 2002 CriLJ 4124 2002 Mohd. Hoshan vs. State of A.P.
13 Delhi HC 2003 CriLJ 2759 2003 Savitri Devi vs. Ramesh Chand
14 Punjab & Haryana HC 2003 CriLJ 3394 2003 Bhupinder Kaur and others vs. State of Punjab and others
15 Jharkhand HC 2004 CriLJ 2989 2004 Arjun Ram Vs. State of Jharkhand and another
16 Punjab & Haryana HC RCR (Criminal) 163 2002 Mukesh Rani Vs. State of Haryana
17 Delhi HC 2001 (2) JCC (Delhi) 86 2001 Anu Gill Vs. State & Anrs
18 Supreme Court AIR 2005 SC 1989 2005 Ramesh & Ors. Vs. State of Tamil Nadu
19 Delhi HC CHANDER KANTA LAMBA & ORS
20 ADDITIONAL SESSIONS JUDGE Revision No. 88/2008/2002 2002
21 Punjab & Haryana HC 2002 Krishan Jeet Singh vs State Of Haryana
22 Orissa HC 2003 Benumadhab Padhi Mohapatra vs State
23 AP HC Criminal Petition No. 6642 of 2007 2007 Kamireddy Mangamma and others
24 Allahabad HC CRIMINAL MISC. WRIT PETITION No. – 3322 of 2010 2010 Sanjeev Kumar & Others vs State Of U.P.s

 

The Universal Declaration of Human Rights states:

  • Everyone has the right to life, liberty and security of person.
  • No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
  • Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
  • No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence or to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.

 

In blatant violation of all the above rights, thousands of husbands and their families are arbitrarily arrested every year, without evidence or investigation, under IPC Sections 498A, 304B, Dowry Prohibition Act, and related wife-centric laws which presume that the accused are “guilty until proven innocent”.

National Human Rights Commission (NHRC) has noted the misuse of dowry laws, arrest of innocent individuals and the resultant overcrowding of prisons. NHRC has urged the judiciary and law enforcement agencies to take measures against these abuses. High Courts across the country and the Supreme Court have condemned the misuse of dowry laws. The Commissioner of Police, Bangalore had issued standing instructions vide memo to check arbitrary arrests. The DGP, Karnataka has also issued a circular to implement 11 guidelines issued by Honorable Supreme Court of India regarding arrests and detention of Individuals in Cr WP No. 539/1986 and Cr WP No.592/1987. By taking note of the heavy misuse of the 498A IPC, recently on October 20, 2009, Union Ministry of Home Affairs had issued an advisory to all the state Governments and Union Territories. National Commission of Human Rights also has issued guidelines regarding arrests.

Nevertheless, abuse of police powers continues and unnecessary arrests have only been growing in the State of Karnataka. Police routinely enter people’s homes at ungodly hours, take accused men and women into custody, and incarcerate them in the name of “protecting women from cruelty and harassment”. Innocent citizens are illegally detained, humiliated, subjected to mental and physical torture, blackmail and extortion. The honor and reputation of these accused individuals is simultaneously attacked through media trial and unrestrained slander by women’s organizations every day. Thousands of men and women have been driven to suicide due to the trauma of false cases, arrest, prolonged trials and the resultant humiliation and financial troubles they have to endure.

According to statistics published by the National Crime Records Bureau in 2007 alone, an overwhelming 94% of the individuals arrested under IPC Section 498A were found not guilty. A closer look at individual cases under Section 498A reveals that arrests are made by lower cadre police officials without proper justification and only with the intent of terrorizing innocent citizens and extorting money from them under the threat of imprisonment and long-drawn legal battles.

Our numerous pleas to the Government of India to stop arbitrary arrests of citizens under IPC Section 498A have fallen on deaf ears. On the other hand, new laws are always on the anvil (sexual assault, work place harassment, acid attacks etc.) which stress on immediate arrest of men upon mere accusations made by women.

While it is amply clear that under the prevailing circumstances, arrest is inevitable for any man facing allegations of abuse or assault, it is imperative that innocent citizens are prepared to go to jail even if they committed no crime. Ordinary law abiding citizens and their kin should be freed from the fear of jail and the concomitant feelings of humiliation and suffering so that they do not drive themselves into depression, ruin their health or end their own lives.

In spite of All round coverage by Media regarding heavy Misuse of IPC 498A, questions in the parliament by honorable MPs, Critical remarks by various HCs and SC, Observation by NHRC, advisories issued by your ministry from time to time, State Governments are not taking any steps to prevent the heavy misuse of IPC Sections 498A, 304B, Dowry Prohibition Act and related laws. These laws are so biased and dangerous that any innocent can become victim just on a false complaint by a woman. Even celebrities like Pakistani Cricketer Shoaib Malik and Former Union Minister Arjun Singh have not been spared have been falsely implicated under these laws.

 

OUR Demands:

 

  • Stop the heavy misuse of Gender Biased laws such as 498A, 304B, Dowry Prohibition Act and related laws.
  • No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
  • Implement recommendations of Law Commission and “Malimath committee” to make 498A bailable.
  • Bring in amendment to stop arbitrary arrest of elderly persons, children and pregnant sisters.
  • Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws.
  • 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.

 

 

P Suresh, President,                                           M Mahesh, General Secretary,

9880141531                                                      9731569970

National Family Harmony Society                         National Family Harmony Society

Categories: Home Minister