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498a Discussion Forum - View topic - Committe on Petitions - Rajya sabha
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Committe on Petitions - Rajya sabha 
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Joined: Thu Jun 17, 2010 3:49 pm
Posts: 417
COMMITTEE ON PETITIONS

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 (http://www.rajyasabha.nic.in) under the link: Committees Standing--> Committees --> Committee on Petitions-->Petitions with the
Committee.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@...) latest 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 Committees decision in this regard shall be final.
--------------------------------------------------------------------------------------

To:
The Council of States (Rajya Sabha)
The petition of Dr. Anupama Singh a medical
doctor and a resident of Hauz Khas,
New Delhi.Sheweth,

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. Infact 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 holdinnocent 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 womens 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 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 whomisuse and abuse this law;
(b)for people who are proved innocent after beingfalsely 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 misuser 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 neutrall 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 PetitionerAddressSignature


Sat Nov 27, 2010 4:22 pm
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Joined: Fri Jan 22, 2010 3:50 pm
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Guys,
Take this topic very seriously. Govt has given us one chance to do amendments in the 498A ... NGOs are anyways sending the recomendations ... Coming from one of the SIFI meeting and all the ppl would be sending letters personaly ... And a personal request was made there to all the ppl to send the letters .. Some of the selected ppl can be asked to give the presentation regarding the same ....

Guys once again ... Please Please take this very seriously and dont hesitate to any ask questions ...


Sat Nov 27, 2010 4:34 pm
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Joined: Mon Mar 29, 2010 3:32 pm
Posts: 128
Moderator Ji,

This is the right time for you to ban the accounts who do not send the letters..Please post some guidelines and rules ,if one does not post a letter to RS remove the accounts...

my recommendation.

People need to send a confirmation of the mail or post to the moderator ji otherwise their account shall be deleted from the forum.

I know its a tedious task for you to monitor but some volunteers are ready to help you.

_________________
-----498A Girl is either a sign of an ultimately clueless person with enormous psychological issues or a very rational person who wants to harm you real bad----------------

**********SatyaMev Jayate - Let the truth Prevail***************


Sat Nov 27, 2010 7:46 pm
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Joined: Thu Apr 29, 2010 4:58 pm
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I am taking this format and extending it to inlcude signatures of victims in my vicinity + small details about there cases as addenddum. I'll be further adding lots of signatures from people who witness misuse.

Any suggetions are welcomed.

Vishal


Sun Nov 28, 2010 5:28 am
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Joined: Tue May 11, 2010 8:36 am
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Sent mail to committee. Now I will not be banned. (Good suggestion though) LOL.

_________________
Distance between expectation and reality is called "PROBLEM"


Sun Nov 28, 2010 5:54 am
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Joined: Fri Jul 02, 2010 5:54 pm
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Hi all,

Please send the link of this mail to all the members in the forum.

I have send a mail with my brief history and suggestions.

Lets brings some light in our life.

Save India Family from 498a.

Thanks,
Jai.


Sun Nov 28, 2010 4:06 pm
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Mon Nov 29, 2010 9:42 pm
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I am sending a petition and have requested to appear personally to testify. All people who are harassed by greedy 498A wives PLEASE send your memoranda. We must get rid of this draconian law which infringes on our right to live with dignity.


Tue Nov 30, 2010 4:33 am
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...

_________________
Regards,
Pramendra

'Diamond is another piece of coal that did well under pressure...'


Tue Nov 30, 2010 12:21 pm
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What is the address to which it is to be sent?


Tue Nov 30, 2010 12:45 pm
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forum Moderator

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Location: California, USA
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@rajyasabha.nic.in


Wed Dec 01, 2010 8:09 am
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I am not very clear about what should be written in memoranda. I am planning to send it with harrasment stories from my city but What should the main memoranda should contain.


Wed Dec 01, 2010 2:04 pm
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Memo should contain your views w.r.t to petition as to why or why not there should be changes in the this law. If you want to have more amendments than listed in the petition, feel free to suggest those amendments.

- Satya


Wed Dec 01, 2010 5:23 pm
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Joined: Thu Oct 28, 2010 3:25 pm
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dear all,

we need to send our memo's in english as well as hindi.. Does anyone has a hindi template? Will it be considered if we send letter only in English. We should all send this though I feel many people in the forum are unaware of the same as they may not be following this thread. From my side, I will try to send PM's to the members with reference to this topic.

"Those desirous of submitting memoranda to the Committee may send two copies (each in English and Hindi) thereof to Shri Rakesh Naithani"

manish


Thu Dec 02, 2010 6:17 am
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_________________
Distance between expectation and reality is called "PROBLEM"


Thu Dec 02, 2010 7:31 am
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Google translation has made the translation totally absurd. I dont think we can use the same

manish


Thu Dec 02, 2010 2:15 pm
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Joined: Sat Nov 13, 2010 5:08 pm
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HI 498a_fighter,

Can you please suggest what to include in the memoranda. Can we take extract from the petition itself?


Thu Dec 02, 2010 2:37 pm
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Joined: Thu Jun 17, 2010 3:49 pm
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You can write what ever you feel that need to be changed in this law.

High light on:
1. Make this bailable, compoundable, non cognizable.
2. Clauss to punish those who missue this law.
3. Need to give strong proof before case can be registered and started for trial (Charge sheet)
4. If dowry given was admitted then those who have given dowry needs to be punished.
etc.


Fri Dec 03, 2010 3:13 am
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Joined: Sat Nov 13, 2010 5:08 pm
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Thank you.
I will definitely write it up.
Just telling - the real problem is getting the Hindi version, is it absolutely necessary?


Fri Dec 03, 2010 4:11 am
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Satya,
Will it be better if we have a guideline or a basic format for quick reaction of members and many members may not have the expertise to draft or may not have enough time to do so;Number of petitons are more important of course subject and the basic remain the same.


Fri Dec 03, 2010 5:24 am
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Write whatever you feel, please be balanced, do not write angry things.
Whatever you write, you should be able to support with reasons. MPs should see your memo as credible and not as trash.

Also, you need to send it only in English or Hindi, I do not think you need to send it in both.

- Satya


Fri Dec 03, 2010 7:11 am
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If it 2 copies either in English or in Hindi then it is great. Here goes my copy in 2 days max.

(But in first post it is written "send two copies (each in English and Hindi)", if incorrect please make correctoin)


Fri Dec 03, 2010 8:21 am
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Fri Dec 03, 2010 3:42 pm
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I think it is a type o error in the add. They have mentioned 2 copies in English and hindi insted of 2 copies in English or hindi. I don't think they will reject your petition just for the reason that you have not attach a translated copy of your petition in hindi. If they do so then it against the constitution of Inida. I think this English and Hindi confusion makes many fighters to hesitate to send letters so far.

Please send 2 copies of your petition in English only. (correct me if I am wrong)

PS: Please send as much letters as you could in the name of your parents, siblings, friends, relatives etc. (Do not sing yourself). Goal should be atlease 5 letters from each members.

Plese reply to this thread the number of letters and date of sending the
letters- To get a approximate count and to encourage others to do the same.


Fri Dec 03, 2010 7:32 pm
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_________________
1. Weed out the spammers - http://www.498a.org/forum/viewtopic.php?f=40&t=14246
2. New members, please read for your own safety - http://www.498a.org/forum/viewtopic.php?f=40&t=14265&p=95871#p95872


Last edited by mustang on Fri Dec 24, 2010 11:59 am, edited 2 times in total.



Thu Dec 23, 2010 10:51 am
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Post ..
..


Last edited by sunny_tomy on Thu Jul 11, 2013 6:09 pm, edited 1 time in total.



Thu Dec 23, 2010 11:08 am
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sure you can, pls do it.... do mention the problems you are facing (include your friends if any, if they are facing same problem) why do you want the law to be amended and your recommendations for the same.

rgds,
bob


Thu Dec 23, 2010 1:09 pm
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Location: Glastonbury, UK

_________________
1. Weed out the spammers - http://www.498a.org/forum/viewtopic.php?f=40&t=14246
2. New members, please read for your own safety - http://www.498a.org/forum/viewtopic.php?f=40&t=14265&p=95871#p95872


Thu Dec 23, 2010 2:13 pm
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Added a template that can come handy in drafting the suggestions to the RS Committee. Please see my original post above.

_________________
1. Weed out the spammers - http://www.498a.org/forum/viewtopic.php?f=40&t=14246
2. New members, please read for your own safety - http://www.498a.org/forum/viewtopic.php?f=40&t=14265&p=95871#p95872


Fri Dec 24, 2010 12:00 pm
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Joined: Mon Jul 19, 2010 2:31 pm
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Location: karnataka
Dear Friends,

We are not Gandhi maintaining such a long paitents but the fools who misuse and abuse the law including the power holder who have encouraged and have worked with hand and gloves along with the abuser are becoming shameless as the days and years passing becoming past and at present still these fools are not realizing their gross mis behaviour and a act of conspiracy against the victims of misused law. Now its high time they have to act in right direction and if possible they have to compensate the loss occurred by their mis behaviour.

Even thou Gandhi were to be present in this generation would not have maintained his stand by maintaining paitents still we the victims of legal terrorism have managed to stand thou every date at court we are said to act as per their order or else they say they have the power to send us behind the bar thou their orders are not justified biased only the victims have to run after courts to challenge and further waste his time, money and efforts.

Even i have to convey my message but donot have writing skills friends we all understand what we went through pls do write up to the above committe all that we can do is prayers.. and hope ... keep the faith.... we shall over come ! we shall over come ! we shall over come one day.....


Sat Dec 25, 2010 5:11 am
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Hi Friends,

today I have sent 1 petition for Rajya Sabha vide speed post No. EM225415931IN, it was a 3 page letter composed of suggestions as mentioned as per the template posted on the forum.
I did express my thoughts and opinions about the dreaded 498a and mentioned my pain in short brief as well. Hope it makes atleast some contribution that we all have made collectively to change this painful law.


Mon Dec 27, 2010 2:29 pm
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Joined: Fri Jan 22, 2010 8:44 am
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Today I sent out of a short & precise letter regarding the amendment of Section 498a IPC. Hope someone in Indian Govt changes this law for betterment of all.


Tue Dec 28, 2010 7:34 pm
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Joined: Mon Sep 13, 2010 2:30 pm
Posts: 4740
Hello!
what is the normal course of such petitions. As last date of sending suggestions is past one month, when we can expect next visible move from Rajaya Sabha in this matter!


Mon Jan 24, 2011 2:06 pm
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