Petition to Rajya Sabha for amendments in IPC section 498a (dowry harrassment law in India)

To

Shri Rakesh Naithani
Joint Director,
Rajya Sabha Secretariat,
Parliament House Annexe,
New Delhi - 110001
Tel: 011-23035433 (O),
Fax: 011-23794328
EMail: rsc2pet@sansad.nic.in

1. That Section 498A was inserted in Indian Penal Code in 1983 to protect married Indian women from cruelty, including dowry harassment. The offence under this section is cognizable, non-bailable, non-compoundable with provision to lodge a complaint against the husband or any relative of the husband of the women. The section reads as hereunder:-
   
   “Whoever, being the husband or the relative of the husband of a woman, subjects such women to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.”
   
   2. That Section 498A of Indian Penal Code is being fearlessly abused and misused by a large section of unscrupulous people, who are using law as a weapon for ulterior motives.
   
   3. That the abused population is undergoing tremendous harassment and torture, which includes atrocities inflicted on senior citizens, children, women (including pregnant women) and men.
   
   4. That there is an urgent need to address the issue of abuse of this law as inter alia the ramifications of its abuse are far more damaging then the law makers had ever conceived:
   (a)This law is being misused rampantly by unprincipled people. And given the time tested benefits it has reaped for them, its abuse is now widespread. In fact the gravity of the situation can be assessed from the fact that there are several cases of dowry death wherein the supposedly ‘dead victims’ have come back alive, and several cases where the same women has repeatedly alleged charges under this law in each of her repeat marriages;
   (b)This law is being misused by women to enable a get-rich-quick-scheme to extort large amounts of money from innocent families. Women, their parents an instigators have used this law to extend threats and hold innocent families to ransom, thereby pressurizing them to accede to unjustified demands;
   (c)This law is being misused by women to alienate the husband from his parents and siblings, so as to gain control over his finances and social behavior including his lifestyle. Growing instances of abusive behaviors towards elderlies in families, including parents and senior citizens, are another ramification of its abuse;(d)This law is also rampantly misused by those brides and her parents who conceal true facts about her mental health and educational level at the time of marriage, thereby adopting fraudulent means to forge the alliance. When these facts are unearthed by the groom and his family, the bride and her family prefer to take recourse to Section 498A of IPC.
   (e)This law is being misused as a bargaining tool by those women who indulge in Adultery. When their nefarious acts are exposed they take
     recourse to misusing this law, thereby deflecting the needle of crime on innocent husband and his family. This law being an exception in Criminal Law presumes the accused as guilty until proven innocent; hence the women’s word is taken as a gospel of truth. And therefrom begins the saga of unending trials, tribulations and destruction for an innocent man and his family;
   (f)The law is being misused to enable divorce so as to revive any pre-marital relationship that the wife may have had as she may have unwillingly given her consent for marriage to satisfy her parents;(g)The law is being misused to deny custody of child/children to the father and his family. Infact several cases abound where children have been wrongfully deprived of fatherly care and affection through such indiscriminate, rampant misuse of this law;
   (h)This law is being misused to inflict sufferings on husband and his family to settle scores and to wreak vengeance, thereby posing a grave threat to the very existence of a peaceful family unit in society. Law is to protect, not to destruct. Law is as much for protecting the innocent as it is to punish the guilty; and
   (i)The language, content and structure of this law has enabled implication of thousands of innocent families in false cases. A complaint,
   without any authenticity and without any weight of evidence, is enough to arrest  the husband, in-laws and anyone else name in the complaint, irrespective of whether a crime occurred or not. This has led to arrest of lakhs of innocent citizens (thousands of families), with many committing suicide as they are unable to bear the indelible stigma on their honor and reputation.
   
   5. That the following statistics corroborate the above contention of the petitioner:5,01,020 people arrested under Section 498A of IPC;2,94,147 people completed trial under Section 498A of IPC; and58,842 people convicted (out of his many must have appealed to higher courts)Source: NCRB(2003-2006), Ministry of Home Affairs, Government of India.6. That misuse of Section 498A of IPC has been acknowledged/condemned by leading authorities
   ;(a)The Supreme Court of India in Sushil Kumar Sharma vs. U.O.I (2005) said that any misuse of this provision of law amounts to unleashing Legal Terrorism. It acknowledged that there are growing instances of women filing false charge.
   (b)The World Health Organization (WHO), in its Report of India clearly cited Section 498A as one of the major reasons for growing Elder Abuse in India
   .(c)The Law Commission in its 154th Report, the Malimath Committee Report (on Reforms of Criminal Justice System, 2003) and the 111th Report of the Parliamentary Standing Committee on Home Affairs, have all acknowledged that Section 498A is being widely misused;
   (d)The Center for Social Research (India), in a study on implications of Section 498A IPC state that “educated and independent minded women misuse the section”
   
   .7.That there is no remedy/provision in this law:
   (a)for punishment to people who misuse and abuse this law;
   (b)for people who are proved innocent after being falsely implicated under this law;
   (c)for the indelible stigma that falsely accused people are forced to live with for the rest of their lives;
   (d)for the immense financial, social and personal loss borne by the falsely accused;
   (e)for resurrecting the lives of falsely accused and maligned people;
   (f)for discouraging people from filing false cases.(g)for punishment to guilty and corrupt law enforcement agencies who connive and collude with complainants to harass and torture and falsely accused;(h)for preventing the media from maligning and defaming the falsely accused innocents; and
   (i)for citizens to file complaints against women who inflict cruelties and atrocities on them and their family members
   
   .8. That the Supreme Court of India in Sushil Kumar Sharma vs. U.O.I & others (JT 2005 (6) SC 266) clearly said that it is for the legislature to find ways on how to deal with misuses of this law as well as on how to wipe out the ignominies suffered during and after the trial by the falsely accused.
   
   9. That the petitioner therefore prays for remedy to mitigate the sufferings of lakhs of Indian citizens, who through this law, have been unceremoniously exposed to the whims and fancies of corrupt, immoral unprincipled section of society, who for their own personal agendas do not hesitate in committing the worst possible crime under law, which is Misuse of Law. It is therefore prayed:
   (a)that Section 498A be suitably amended so as to make it bailable, non-cognizable, and compoundable;
   (b)that suitable provisions be specifically inserted in Section 498A so as to make it punishable for whosoever misuses of abuses it;
   (c)that the mis user of this law should be made liable to compensate the financial loss suffered by the falsely accused in the process;
   (d)that the law be made gender neutral of protect the interests of any innocent, be it a man or a women; and
   (e)that time bound trial should be make a statutory requirement under this law, with a 6 month maximum limit specified therein.

Name of Petitioner

Address

Signature

A good article on Indian Domestic Violence Act

The Indian (Gender-Biased) Domestic Violence Act

According to the Indian Domestic Violence Act:

Domestic violence can be defined as a pattern of behavior in any relationship that is used to gain or maintain power and control over a female partner.

Abuse can be physical, sexual, emotional, economic or psychological actions or threats of actions that frighten, intimidate, terrorize, manipulate, hurt, humiliate, blame, injure or wound the female partner.

Domestic violence can happen to anyone of any race, age, sexual orientation, religion or gender - except to males. It can happen among couples who are married, living together or who are dating. Domestic Violence affects people of all socio-economic backgrounds and education levels.

A woman may be in an emotionally abusive relationship if her male partner:
1.Calls her names, insults her or continually criticizes her,
2.Does not trust her and acts jealous or possessive,
3.Tries to isolate her from family or friends,
4.Monitors where she goes, who she calls and who she spends time with,
5.Does not want her to work,
6.Controls finances or refuses to share money,
7.Punishes her by withholding affection,
8.Expects her to ask permission,
9.Threatens to hurt her, her children, her family or her pets,
10.Humiliates her in any way.

A woman may be in a physically abusive relationship if her male partner has ever:
1.Damaged property when angry (thrown objects, punched walls, kicked doors, etc.).
2.Pushed, slapped, bitten, kicked or choked her.
3.Abandoned her in a dangerous or unfamiliar place.
4.Scared her by driving recklessly.
5.Used a weapon to threaten or hurt her.
6.Forced her to leave her home.
7.Trapped her in her home or kept her from leaving.
8.Prevented her from calling the police or seeking medical attention.
9.Hurt her children.
10.Used physical force in sexual situations.

And also... a woman may be in a sexually abusive relationship if her partner:

1.Views women as objects and believes in rigid gender roles.
2.Accuses her of cheating or is often jealous of her outside relationships.
3.Wants her to dress in a sexual way.
4.Insults her in sexual ways or calls her sexual names.
5.Has ever forced or manipulated her into to having sex or performing sexual acts.
6.Held her down during sex.
7.Demanded sex when she were sick, tired or after beating her
8.Hurt her with weapons or objects during sex.
9.Involved other people in sexual activities with her
10.Ignored her feelings regarding sex.

By contrast, the Indian Domestic Violence Act specifically and clearly exculpates women from being prosecuted as the principal accused of Domestic Violence, excepting mothers, sisters, etc. of the accused man being prosecuted as abettors etc., and also specifically provides that the prescribed reliefs, such as maintenance, restraining orders, can be obtained ONLY by a woman and NEVER against a woman!

These rules which are set out in the Indian Domestic Violence are totally biased, and work, not to protect the institution of marriage and families, but to break marriages and families, giving ample opportunities for misuse, with no remedial measures provided for.

Together with the so-called "Section 498 (A)" of the Indian Penal Code and the associated amendment to the Evidence Act, these legislations have resulted in widespread misuse and social malaise. Additionally, under these legislations, the indirect sufferers will be women in majority of the cases, as daughters-in-law file case against husbands, mothers-in-law and sisters-in-law.

Homes and relationships cannot be run by State terrorism and force. Money can't make any one happy, otherwise, no one would have yearned for family and friends and children.

Women can not both obtain "relief" and also retain relationships by taking recourse to these legislations, a fact that should be fully understood by one and all. The relationship between men and women is by heart and voluntary, otherwise, it results in prostitution.What this Act really mean...

According to these legislations, the following is a list of women's rights:

1.                     The right to control and subjugate the male partner

2.                     The right to publicly humiliate and physically abuse the male partner and his entire family

3.                     The right to divest the male partner of all his money and property

4.                     The right to send the male partner and his entire family to jail on her whims and fancies

5.                     The right to force the male partner to be a slave to her family

6.                     The right to kick out the male partner from HIS house at her will

7.                     The right to commit adultery (and send the male partner to jail if he dares object)

8.                     The right to kill an unborn child regardless of the male's partner's wishes

9.                     The right to have all "rights" and no responsibilities

The Main reasons "Modern Women" file Police Complaints under these legislations:

1.                     She is possessive and suspicious

2.                     She is self-centered and feels the need to dominate the relationship and every aspect of decision-making

3.                     She is used to living beyond her means

4.                     She came from a middle class Family and married a man who was wealthier than herself

5.                     She has some political connections

6.                     She is a control freak

7.                     Her father is hen-pecked and her mother dominates her family

8.                     She listens to and acts in accordance with her parents' wishes at all times

9.                     She lacks discretion in dealing with her married life

10.                 She wants to alienate her husband's affection from his parents and siblings

11.                 She wishes her husband to commit the crime of abandoning his aged parents

12.                 She is hypersensitive

13.                 She opposes every word of her husband, his parents, siblings, etc.

14.                 She wishes to blackmail and intimidate her husband, his parents and siblings to fulfill her unreasonable demands

15.                 She does not wish to adjust to or with the husband's family or take on any domestic responsibilities.

16.                 She is suffering from pre-existing mental problems

In Details........

Section 32 (2) says that under the sole testimony of the aggrieved person, the court may conclude that an offence has been committed by the accused.

This means with one word of women, it will empowered her to punish men at her will. This is very dangerous for innocent men. As it is in the Divorce, alimony, rape, and dowry laws are already in favour of women. This law will not allow men to escape from the clutchs of women who would lodge false complaint. All she has to do is, go to police station and shed some crocodile tears. thats all, and husband will be full time member of jail at no cost; SORRY tax payers cost.

Ch.IV, S.17 makes the "right of residence" a powerful tool in the women's hands whether or not she has any title in the household.

An adulterous woman can abuse her husband or in-laws and threaten them of false domestic violence but she cannot be thrown out of the house as per the Act. This is open license to women to harass innocent men. She could even bring her lover to the house and the husband or in-laws can't do anything or stop her. Even husband has no right if she has sex in front of her husband, may may file case for stoping her from enjoying, ist harassment for her.

(Ch.II, S.3) of the Domestic violence Act includes actual abuse or threat of abuse - physical, verbal, emotional or economic.

it means whatever husband do to his wife is wrong, but same if she do, thats ok, Even with hold sex, shout at him, slap, insult, Humiliate

Section 18 allows the magistrate to protect the woman from acts of violence or even "acts that are likely to take place" in the future and can prohibit the respondent from dispossessing the aggrieved person or in any other manner disturbing her possessions, entering the aggrieved person's place of work or any other place that the abused woman frequents....

If women says her husband and in laws stoping her from Bringing her lover home, judge will order husband and his old parents not enter thier own home.

The Act also says that husbands can't pressure wives to watch porn or to have sexual relationship.

Some Indian women says Kissing is PORN, so soon all indian men who watch movies, Watch these movies together in jail.

Ch.III, S4 of the Act says that the information regarding an act or acts of domestic violence does not necessarily have to be lodged by the aggrieved party but by "any person who has reason to believe that" such an act has been or is being committed. Which means that neighbours, social workers, relatives etc. can all take initiative on behalf of the victim

When husband Stop wifes lover entering his home, he can file complaint in behalf of his lover.

Preventing one's wife from taking up a job or forcing her to leave job are also under the purview of the Act.

Only solution is to save Institute of Marriage and Family of india, we should ask all organisations not to appoint women at any cost.

Another flaw in the Act is inclusion of live-in partners or any sexual partner (Ch.I, S.2(a))

This clause give men to make use of this law, if a lover of man come home , his legally wedded wife cann`t do anything she cann`t kick her out. husbands now take advantage of this bill ? its law against women not in her favor

The Act will actually worsen the domestic problems leading to breakdown in marriages as women will be now encouraged to go to courts ,without giving any chance to settle thier differences The Act discourages women to rectify their mistake. The Act not only gives powers without taking any responsibilities to women but also takes away all the rights of men.

it is not only marriage breaker but also whole family spliter, women can file case against any male member of Family, its a chain reaction, one crack in a marriage can ruin husbands other brothers family too. its massive bomb waiting to Explode.

There is ample chance to misuse coz there is no clause of punishsment if misused, just like Dowry law.

Feminist want Domestic Violence not Domestic harmony, thats why there is no word of spouse instead man.

With the help of this law now women can stop Father of her children to meet them, this is total breakdown of Social structure of Indian Society it is best tool for black clad corrupt lawyers and Money minting machinary for police, women organisations and politicians.

Food as Medicine

Food as Medicine

HEADACHE? EAT FISH!

Eat plenty of fish -- fish oil helps prevent headaches.

So does ginger, which reduces inflammation and pain.

HAY FEVER? EAT YOGURT!

Eat lots of yogurt before pollen season.

Also-eat honey from your area (local region) daily.

TO PREVENT STROKE DRINK TEA!

Prevent buildup of fatty deposits on artery walls with regular doses of tea. (actually, tea suppresses my appetite and keeps the pounds from invading....Green tea is great for our immune system)!

INSOMNIA (CAN'T SLEEP?) HONEY!

Use honey as a tranquilizer and sedative.

ASTHMA? EAT ONIONS!!!!

Eating onions helps ease constriction of bronchial tubes. (when I was young, my mother would make onion packs to place on our chest, helped the respiratory ailments and actually made us breathe better).

ARTHRITIS? EAT FISH, TOO!!

Salmon, tuna, mackerel and sardines actually prevent arthritis. (fish has omega oils, good for our immune system)

UPSET STOMACH?   BANANAS - GINGER!!!!!

Bananas will settle an upset stomach.

Ginger will cure morning sickness and nausea.

BLADDER INFECTION? DRINK CRANBERRY JUICE!!!!

High-acid cranberry juice controls harmful bacteria.

BONE PROBLEMS? EAT PINEAPPLE!!!

Bone fractures and osteoporosis can be prevented by the manganese in pineapple.

PREMENSTRUAL SYNDROME? EAT CORNFLAKES!!!!

Women can ward off the effects of PMS with cornflakes, which help reduce depression, anxiety and fatigue.

MEMORY PROBLEMS? EAT OYSTERS!

Oysters help improve your mental functioning by supplying much-needed zinc.

COLDS? EAT GARLIC!

Clear up that stuffy head with garlic. (remember, garlic lowers cholesterol, too.)

COUGHING? USE RED PEPPERS!!

A substance similar to that found in the cough syrups is found in hot red pepper. Use red (cayenne) pepper with caution-it can irritate your tummy.

BREAST CANCER?  EAT Wheat, bran and cabbage

Helps to maintain estrogen at healthy levels.

LUNG CANCER? EAT DARK GREEN AND ORANGE AND VEGGIES!!!

A good antidote is beta carotene, a form of Vitamin A found in dark green and orange vegetables.

ULCERS? EAT CABBAGE ALSO!!!

Cabbage contains chemicals that help heal both gastric and duodenal ulcers.

DIARRHEA? EAT APPLES!

Grate an apple with its skin, let it turn brown and eat it to cure this condition. (Bananas are good for this ailment)

CLOGGED ARTERIES? EAT AVOCADO!

Mono unsaturated fat in avocados lowers cholesterol.

HIGH BLOOD PRESSURE? EAT CELERY AND OLIVE OIL!!!

Olive oil has been shown to lower blood pressure.

Celery contains a chemical that lowers pressure too.

BLOOD SUGAR IMBALANCE? EAT BROCCOLI AND PEANUTS!!!

The chromium in broccoli and peanuts helps regulate insulin and blood sugar.

Kiwi: Tiny but mighty. This is a good source of potassium, magnesium, Vitamin E & fiber. It's Vitamin C content is twice that of an orange.

Apple: An apple a day keeps the doctor away? Although an apple has a low Vitamin C content, it has antioxidants & flavonoids which enhances the activity of Vitamin C thereby helping to lower the risks of colon cancer, heart attack & stroke.

Tomatoes are very good as a preventative measure for men, keeps those prostrate problems from invading their bodies.

Strawberry: Protective fruit. Strawberries have the highest total antioxidant power among major fruits & protects the body from cancer causing, blood vessels clogging free radicals. (Actually, any berry is good for you..they're high in anti-oxidants and they actually keep us young.........blueberries are the best and very versatile in the health field........they get rid of all the free-radicals that invade our bodies)

Orange: Sweetest medicine. Taking 2 - 4 oranges a day may help keep colds away, lower cholesterol, prevent & dissolve kidney stones as well as lessen the risk of colon cancer.

Watermelon: Coolest Thirst Quencher. Composed of 92% water, it is also packed with a giant dose of glutathione which helps boost our immune system.  They are also a key source of lycopene - the cancer fighting oxidant.  Other nutrients  

found in watermelon are Vitamin C & Potassium. (watermelon also has natural substances [natural SPF sources] that keep our skin healthy, protecting our skin from those darn uv rays)

Guava & Papaya: Top awards for Vitamin C. They are the clear winners for their high Vitamin C content. Guava is also rich in fiber which helps prevent constipation.

Papaya is rich in carotene, this is good for your eyes. (also good for gas and indigestion)