SIGN THIS PETTION AGAINST Sec.498A of IPC

as per the recent rulings of our Hounourable Courts the offence is
already compundable. But will the law makers dare to make it bailable?

  First of all regards to all ,

 And  as i is wisely disscussed by several experts  and as  all were pleased to  know that action  has been taken and govt. has invited  an prposal from NGO,s and other people to sent them amended drafts of the provisions and date for submitib\ng that 25th june . So please can u proposed what changes can be done either in 498-A or in any other provision so that this section not to be misused. 

  First of all regards to all ,

 And  as i is wisely disscussed by several experts  and as  all were pleased to  know that action  has been taken and govt. has invited  an prposal from NGO,s and other people to sent them amended drafts of the provisions and date for submitib\ng that 25th june . So please can u proposed what changes can be done either in 498-A or in any other provision so that this section not to be misused. 

Dear All,

The following appreared in a newspaper, as reproduced below.

Please give your Comments & Opinions, on the implications of such orders.

Keep Smiling ... Hemant Agarwal

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Published on June 23 2008, Page 3,  Hindustan Times, NewDelhi edition.

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BID TO STOP DOWRY LAW MISUSE

TO PREVENT misuse of dowry harassment laws, no arrests will be made without prior investigations, a circular issued by the Commissioner of Police states.

According to the order, only the main accused will be arrested unlike previous instances when even the distant relatives were not spared. Earlier, a mere allegation or the name of a relative lodged in the First Information Report (FIR) by the complainant was enough to arrest the entire family.

The order issued by the Commissioner of Police clearly states that any arrests under sections 498 A (matrimonial cruelty) and 406 (criminal breach of trust) of the Indian Penal Code will be made with prior permission of a Deputy Commissioner of Police (DCP).

"Arrest of the accused should be an exception and not a rule. From the allegations set out in the FIR and other subsequent allegations or material collected during investigation, if necessary only the prime/main accused, whose primary role in commission of the offence has been established, should be arrested, and that too after the prior written approval of the DCP," the order issued by Y.S. Dadwal, Commissioner of Police, reads.

Social activist Ranjana Kumari said, "Earlier the police either registered an FIR or arrested everyone named in the FIR. The new guidelines have ensured that all the complaints are registered and the ones found guilty in the due course of investigations are arrested. Violence perpetrated on a woman would be proved anyway during the investigations."

According to a survey conducted by the USAID and Centre for Social Research, it was found that six per cent of the complaints are aimed to settle scores and get even with in-laws.

The order also states a judgment passed by the Delhi High Court in 2003. The Court observed that Sections 498A/406 of the IPC which are "much abused provisions and exploited by the police and the victims to the level of absurdity….every relative of the husband, close or distant, old or minor is arrested by the police. Unless the allegations are very serious in nature and highest magnitude, arrest should be avoided".

Last year, of over 4,400 distress calls received by women, about 24.3 per cent calls were related to domestic violence.

"The new guidelines have definitely ensured better monitoring. The supervision is also accurate. We now ensure that any arrest under Sections 498A/406 is not made without any evidence. This measure has proved to be a deterrent in arresting innocent people. Mere naming anyone in the FIR is not sufficient to arrest anyone. We have also seen a fall in the number of frivo- lous complaints after that," said a senior police officer.

FOLLOWING COMPLAINTS about misuse of dowry laws by women, the Centre has decided to look into the is- sue. It will hold a consultation pro- gramme to get views and suggestions from NGOs and activists working for men. Acting on complaints, the Union Ministry for Women and Child Development has decided to organise a consultation programme where men from different walks of life would be invited to express themselves on June 25.

"The ministry has received complaints from men about the urgent need to amend Section 498(A) of the dowry law claiming that many women misuse the law to their benefit. After the consultation, the Min- istry will examine how far this claim is right before deciding on any thing," Union Minister for Women and Child Development Renuka Chowdhary said. 

 

Check out the 29 point demands we've put forward to Ms. Renuka Choudhary to stop the 'Legal Terrorism' of 498A:

https://legalterror.wordpress.com/2008/06/26/29-point-agenda-to-counter-legal-terrorism/

Dear All,

The following appeared in "Times of India" Mumbai edition dated 27-06-2008, page 14.

This shows the essentiality of 498A.

Please provide your opinion and suggestions.

Keep Smiling ... Hemant Agarwal

Dowry abuse & divorce in a single day

New Delhi: In a bizarre incident, a woman (18), got married on Wednesday morning, was harassed for dowry throughout the day and was divorced by her husband (22), the same night in Seelampur area of north east Delhi.

   The victim alleged that her husband and his parents had been harassing her and her parents for dowry ever since the talk of their marriage begun. “My father did his best to satisfy them, but they refused to be considerate,’’ said the bride.

   According to her, on Wednesday, her in-laws asked her father to fulfil their demands before the day end or there wouldn’t be any marriage. “My father convinced them to allow the marriage, guaranteeing all the money they had asked for, before the day ends. After I got married, my in-laws persisted I should get the money immediately. My father broke down when I asked him about it as he needed some time to arrange the amount. My in-laws did not listen and my husband divorced me according to Muslim marriage laws,’’ the woman said. According to police, the bride’s parents filed a complaint with the Seelampur police station. TNN

 

Please amend this draconian 498A as its misuse by unscrupulous families is breaking more families than uniting. Once case goes to police station or court then it becomes extremely hard to unite families as rift increases further due to social stigma faced by innocent victims.

After going through entire debate I agree with the opinion of Mr. Rajesh Kumar but there is one thing one female who really agrreived with her husband and in-laws then what should be after amendment.

It is well settled that once criminal case initiated against any person it will run till its adjudication.

Now days I am feeling that the courts have become much liberal in respect to the Husband and his Family. I am willing to discuss my experience, I have done so many case in this regard particularly.

(1) case from District Bijnore U.P. I was appeared for Husband and his family members. in the instant case entire family members have been prosecuted by the complainant (wife). I have challenged the entire criminal proceeding before High Court and got stay. In respect to two Maternal uncle the petition was pleased to disposed of by the Hon'ble Court with direction that accused applicant's appearance dispenswith till the disposal of discharge application by the trial court. Now both parties are ready to compromise.

(2) another case I have got interim order stay of arest from the High Court against F.I.R. U/S 498 A, 504, 506 of I.P.C. and 3/4 D.P Act in favour of Husband, Father, Mother, Sister and brother.

Then question again arises why for amendment/Why should not for proper fighting, and claim for compensation under the Provision of Cr.P.C.

498-A has become a tool in the hands of the police ,harassing  the acccused and their family members  by keeping in them in the lock-up rooms ,as it is a cognizable offence. the family matters are very gentle and tender it cant be stretched too far it should be dealt with by specially trained counsellors hoping for the reunion of the victim in the interest of society and the same hould help the accused to lead a happy marital life,but the humiliation meted out to them by the police will be taunting the accused and their families like a nightmare,when they are humiliated at the hands of the police there will be meagre chances of reunion.The offence under 498-Ashould be made non-cognizable by our law makers in the best interest of the society.

I think Govt should bad power to woman sometimes it happened but moreover there good people are suffering for this.Anybody cannot ignore this act  is abuses more than right use.

I think Govt should bad power to woman sometimes it happened but moreover there good people are suffering for this.Anybody cannot ignore this act  is abuses more than right use. Some ammendment is needed in this act.

you are right 

Thanks to Mr. Shree for his efforts.

Thanks to Mr. Rajesh Kumar for his valuable comments and support.

I STRICTLY  AGREE WITH ALL OF YOU & SPECIALLY THANK  To Mr RAJESH KUMAR  FOR HIS FIGHT AGAINST THIS GENDER BIASED LAWS