LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Petition praying for amendments in Section 498A of 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.

 

 

2. The petition is available on the Rajya Sabha's website (www.rajyasabha.nic.in) under the link:Committees → Standing Committees → Committee on Petitions → Petitions with the Committee.

 

LCI Learning

 

3. The Committee has decided to undertake consultations with a wide cross-section of the society and invites written memoranda thereon. Those desirous of submitting memoranda to the Committee may send two copies (each in English and Hindi) thereof to Shri Rakesh Naithani, Joint Director, Rajya Sabha Secretariat, Parliament House Annexe, New Delhi – 110 001 (Tel: 011-23035433(O), 23794328 (Telefax) and E-mail: rsc2pet@sansad.nic.inlatest by 30th December, 2010.

 

 

4. Comments/suggestions, etc. submitted to the Committee would form part of its record and would be treated as confidential. Any violation in this regard may attract breach of privilege of the Committee.

 

 

5. Those who are willing to appear before the Committee besides submitting written comments/suggestions may indicate so. However, the Committee’s decision in this regard shall be final.

 

 

"Loved reading this piece by Legal Fighter?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"




Tags :

  Views  4884  Report


Contract Drafting
Learn from best faculties in India
Free 30 Hr online streaming with pendrive
Learn more

Comments
14 years ago vaidyanathan

Already our police, doing justice to common has become scarce. They have converted without impunity to serve the local politicians. Next comes their collection after 5 or 6 pm to night 11 pm from road accident cases, petty politicians, the so called cadres' and rowdy sheeters' kangaroo court settlements, autowalla associations so that they can accommodate more than allowed, lack of driving licence, improper documents irrespective of the fact the commuters will have to face the music in the event of any eventuality, cinema, iron scrap and bar shop owners monthly dolls etc. Moreover, when a common has a grievance, he will do well not to approach the police for, the ordeals experienced is more than the actual grievance for which he intends to approach the police. They receive the complaints, call the other to the ps and weigh which one will be lucrative then either decide them or entrust to the local petty politicians or rowdy sheeters to settle the score and share the booty. Like that in this given subject, if the accused is NRI the concerned Police will have celebrity for more days with their harassment on the accused. It is egregious harassment. Yet the policy drafters do it without taking into cognissance the field difficulty it is Nemesis for Indians.


14 years ago Venugopal Rao

Sec. 498-A of IPC must be amended because in the rural areas in all over India this section is using without any proper investigation. The police themselves drafts the petitions and take signature of the victim and prepare 161 statements and in the entire gist of evidence only the persons who are having interest over the victim shows as witnesses and the trial courts are also causal in conducting the trials. Most of the cases are routine in nature and unnecessarily the other family members who are leading their independent lives without any relation with the victim husband also implicating.


14 years ago Parthasarathy

All serious studies into domestic violence show a roughly equal balance between the genders. Some studies have shown that there is a higher rate of domestic violence amongst lesbian than heterosexual couples. A poll undertaken by MORI and commissioned by Here and Now had these main findings: One in five (18 percent) of men have been victims of domestic violence by a wife or female partner as opposed to 13 percent of women by a man. One in nine women admit to having used physical aggression against a husband or male partner (compared to one in ten men) 14 percent of men say that they have been slapped by a partner (compared to 9 percent of women) 11 percent of men have had a partner threaten to throw something heavy at them (compared to 8 percent of women) Only 4 percent of women explained that their behavior (either verbal or physical) was because of drink or drugs (compared to ten percent of men) Nearly half (47 percent) of women say that their behaviour (physical or verbal aggression or verbal reasoning) was because "it was the only way I could get through to him" Working class men (20 percent) are more likely to have been subjected to physical agression by a wife or female partner than upper or middle class men (15 percent) Here and Now's survey reveals that fifteen percent (6.3 million people) of the population say that they have been subjected to physical agression by a husband/wife or hetrosexual partner. MORI interviewed a representitive quota sample of 1,978 adults in Great Britain. 1,865 of whom had ever been in a personal relationship with the opposite sex. Field work was conducted from 17-21 November 1994 in 150 constituencies. All interviews were conducted face to face in home employing a self completion technique. Data have been weighted to the known profile of the British population.


14 years ago Rajashekar Thogiti

498A amendment is definitely reducing the police& in-laws harassment control.perfectness of investigation of police duties increasing their responsibility- rajashekar thogiti


14 years ago mukul

my father is suffering from illness.My wife has deserted me after 4 days of marriage. she has also refused willfully refused to consummate the marrige.I am scared if i file for divorce she will file for 498a and my sick father and mother will have to go jail.Because of this law i am very much scared. my date of marriage is 6th of june 2009.


14 years ago Birendra Kumar Padhy

This amendment of sec.498A will definitely help the victims by reducing the misuse of the act by the police as well as the ladies.


14 years ago Adv Nitin Kumar

All the people who are the victims of this devil act , send a memorandum to the committee, this is chance to improvement in the law in the favor of innocent person.


14 years ago Kumar

Hi To all Please fight againest the devil act and send the memo as much as possible and circulate it to as many people as possible Wish our life can be changed by our small efforts


14 years ago Tara Nanda

All those people who have been victims of false 498A/406 cases kindly send memorandum to the committee on petitions in Rajya Sabha. And spread this message to as many people as possible. This is a draconian law infringing our right to live with dignity.




You are not logged in . Please login to post comments.

Click here to Login / Register