JUSTICE TO DINESH & TO ALL MARRIED MEN COMMITED SUICIDE DUE TO MISUSE OF 498-A/BIASED LAWS

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LETTER PETITION TO THE HON’BLE SUPREME COURT OF INDIA INVOKING WRIT JURISDICTION FOR ISSUING DIRECTIONS TO GOVT OF INDIA FOR CONDUCTING RELAIBLE STUDY FOR THE MISUSE OF 498-A AND TO MADE LAWS FOR PROTECTING THE RIGHTS OF HUSBAND AND HIS FAMILY MEMBERS.

 

TO

THE HON’BLE CHIEF JUSTICE

AND HIS COMPANION HON’BLE JUDGES,

HON’BLE SUPREME COURT OF INDIA,

NEW DELHI

The Petitioner and various citizens living across the India and internationally

MOST RESPECTFULLY SHOWETH

“If Government & society make some laws in favor of men they can save some innocent life. Female are not innocent every time usually they take advantage of laws and collect sympathies to fulfill their dreams…..”

The above alleged suicide note was written by Dinesh, software engineer, who allegedly commits suicide due to alleged harassment made by his wife and her in laws. It was also alleged that his wife and in laws is demanding Rs 15 lakhs and monthly maintenance and his in laws were also threatening to implicate in false dowry harassment case

The husband, Dinesh could not bear this mental stigma & torture and committed suicide by hanged himself

 

The News is available at the Following Link

पत्नी से तंग आकर पति ने किया सुसाइड, लिखा- हर महिला मासूम नहीं होती

Bhaskar news Jul 01, 2016, 16:36 PM IST

http://www.bhaskar.com/news/RAJ-JOD-HMU-man-suicide-after-get-disturbed-by-wife-news-hindi-5362274-PHO.html

 

The Video is available at the following link

Software engineer from Jodhpur hangs himself to death, alleges wife for false dowry case. Zee News

https://www.youtube.com/watch?v=vI45fnRJ8-o&feature=youtu.be

 

II      Kapurthala man ends life after blaming wife, in-laws in online video

 

 

HT Correspondent, Hindustan Times, Kapurthala |  Updated: Sep 01, 2016 11:22 IST

Sultanpur Lodhi man (28) committed suicide on Tuesday evening by consuming poison after posting a video on a social-networking website to blame his NRI (non-resident Indian) wife and in-laws.

 

http://www.hindustantimes.com/punjab/kapurthala-man-commits-suicide-after-recording-video-blames-in-laws/story-AOnmvMBWyLnhc9OtFEJl8I.html

 

The Video is available at the following link

https://youtu.be/y7-Je1JfGN8

 

 

III    Advocate commits suicide in the Supreme Court Premises

        धमकी से परेशान वकील ने सुप्रीम कोर्ट में की आत्महत्या

        Published date: Friday, 22 July 2016, Time: 08:36 P.M IST

        http://www.jagran.com/delhi/new-delhi-city-14365491.html

 

IV    Judge tries to commit suicide in Delhi
By NewsX Bureau

|       Friday, July 22, 2016 - 16:12

First Published | Friday, July 22, 2016 - 16:12

 

New Delhi: An additional district judge (ADJ) at the Dwarka court tried to commit suicide on Friday. As per sources, the judicial officer was allegedly under depression after he was accused of the molestation. The judge, who resides with his family in the residential area of Karkardooma Court, tried to commit suicide by overdosing on sleeping pills. The judge had been undergoing depression after a woman posted at the Dwarka Court made molestation allegations against him. The judge was earlier posted as the additional session’s judge at the Karkardooma Court.

http://www.newsx.com/national/35716-judge-tries-to-commit-suicide-in-delhi

 

V      Man from Mumbai committed suicide after allegedly unable to bear the torture from his wife and his inlaws. The man was allegedly framed in dowry case. Before hanging he made video on his mobile and blamed his wife and his inlaws for his death

मैं मरने जा रहा हूं... मेरी मौत के जिम्मेदार बीवी, साली और सास हैं!

Posted on: June 13, 2016 07:38 AM IST | Updated on: June 13, 2016 07:49 AM IST

khabar.ibnlive.com/news/city-khabrain/mumbai-suicide-hang-crime-blame-wife-mother-sister-489395.html

 

 

VI    Woman threaten husband and wife commit suicide : Mother and son allegedly commit suicide over threat and blackmailing made by wife

पंजाबः बहु से परेशान पति और सास ने की आत्महत्या

भाषा [Edited by: परवेज़ सागर] | जालंधर, 05 जुलाई 2016 | अपडेटेड 17:10 IST

http://aajtak.intoday.in/crime/story/wife-threaten-husband-and-mother-in-law-commit-suicide-in-jalandhar-of-punjab-1-876912.html

VII   Doctor ‘kills self’ inside car in Noida parking lot
Police said Deepak Bhati, a resident of Sector 15 in Noida, had sent a text message from his phone to his brother, an MBBS student, around 3 pm.
 Express News Service Noida Published:Jul 4, 2016, 3:54

http://indianexpress.com/article/cities/delhi/doctor-kills-self-inside-car-in-noida-parking-lot-deepak-bhati-2892280/

 

VIII 2015-05-03: Man Killed himself over harsh laws in the name of protecting woman

Name, Age & Place of the Victim:  Desh Raj, 25 years, Govindpuri

The complete news is available in the following Linkhttp://www.dnaindia.com/mumbai/report-man-kills-himself-over-harsh-laws-in-the-name-of-protecting-women-2083279

 

IX  2015-05-19 Man sets himself fire at Police station

Name, Age & Place of the Victim:   34 years man, Gurgaon

The complete news is available in the following Link

http://indianexpress.com/article/cities/delhi/man-sets-himself-on-fire-at-police-office/

 

X      2015-05-04 : Sirsa man sets himself ablaze before in-laws' house

Name, Age & Place of the Victim:  Vinod Kumar, 32, Sirsa, Haryana

The complete news is available in the following Link

http://timesofindia.indiatimes.com/city/chandigarh/Sirsa-man-sets-himself-ablaze-before-in-laws-house/articleshow/47146910.cms

 

XI    2015-05-06 : Before ending life, man uploads video blaming wife, in-laws

Name, Age & Place of the Victim:   Manoj Kumar, 27 year old, Peon in Private Bank, Ludhiyana, Punjab

The complete news is available in the following Link

http://timesofindia.indiatimes.com/city/ludhiana/Before-ending-life-man-uploads-video-blaming-wife-in-laws/articleshow/47169721.cms

 

XII   2015-06-05 : Doctor Commited Suicide Because of Domestic Problems

Name, Age & Place of the Victim:   Dr. Ramesh Arora, 45, Doctor, Sri Ganganagar, Rajasthan

The complete news is available in the following Link

http://epaper.patrika.com/c/5464178

 

XIII 2015-06-26 Teacher accused in Dowry Harassment case, ends life in Police Custody

Name, Age & Place of the Victim:   Zakir Husain, Teacher, Chandoli

The complete news is available in the following Link

http://zeenews.india.com/hindi/sangam/uttar-pradesh/teacher-accused-in-dowry-case-ends-life-in-police-custody-261513

                                                                              

XIV  2015-02-08 : Suicide after fight with WIFE

Name, Age & Place of the Victim: Deepak, 34, Auto Driver, Indore, M.P.. The complete news is available in the following Link

http://www.bhaskar.com/news-srh/c-8-1097200-NOR.html

 

XV    Ex army man consumes poison in the court in Miyapur (Hyderabad)

The deceased was facing Domestic Violence case initiated by his wife

https://www.youtube.com/watch?v=wWgdBfYhpE8

 

XVI PSI shoots himself dead with service revolver Nov 20, 2009, 03.08AM IST Page 1 of 4

AMRAVATI: A police sub inspector, presently posted at Akola Control Room, shot himself with his service revolver in the wee hours of Thursday at Amravati.

On Wednesday night, at around 1.50am, Datir shot himself with his service revolver and died on the spot. Sources said that he had a dispute with his wife, who had lodged a complaint against him in 2006 at Akola police station.  .

http://timesofindia.indiatimes.com/city/nagpur/PSI-shoots-himself-dead-with-service-revolver/articleshow/5249121.cms

XVII Treated cruelty by wife, techie ends life

DECCAN HERALD Last updated: 12 August, 2009

Allegedly hounded by a greedy and cruel wife, who was fully supported by her parents, a 32-year-old techie ended his life by consuming a full bottle of anti-depressant tablets here on Monday.

Shubhankar Katyayan was married to Nandini, 27, also a software engineer, for the past two years. Their marriage was registered and solemnised here. Although the two hailed from Jamshedpur in Jharkhand, they had been working in Bangalore after their arranged marriage.

http://www.deccanherald.com/content/19204/treated-cruelly-wife-techie-ends.html

 

XVIII Hyderabad professor killed sons before ending his life

The author has posted comments on this article TNN | Oct 7, 2014, 03.54AM IS HYDERABAD: .Guruprasad, 44, an assistant professor at ICFAI Foundation for Higher Education, Donthanapally, had committed suicide by jumping in front of a train near James Street railway station on Saturday afternoon. Guruprasad and his wife Suhasini got divorced in 2013. On Saturday morning, he went to Suhasini's house at Anandbagh in Malkajgiri to visit his two sons, Vittal Virinchi, 9, and Nanda Vihari, 5. He took the boys out at 9am and was supposed to drop them at their mother's place by 1pm

http://timesofindia.indiatimes.com/city/hyderabad/Hyderabad-professor-killed-sons-before-ending-his-life/articleshow/44548133.cms

XIX  Primary School teacher accused of dowry harassment commits suicide in Police custody

http://zeenews.india.com/hindi/sangam/uttar-pradesh/teacher-accused-in-dowry-case-ends-life-in-police-custody-261513

 

XX    Senior Medical Officer accused of dowry   harrasment commits suicide at Ansol Distict of West Bengal

http://timesofindia.indiatimes.com/city/kolkata/Court-lens-on-police-role-in-doctor-suicide/articleshow/46855735.cms

 

XXI  07/07/2013 The Times of India

Women named in   dowry harassment jump before train

Depressed over a case of dowry harassment lodged against them, a woman and her 30-year-old daughter committed suicide by jumping before a train in Bikaner on Saturday. The case had been registered by the woman's daughter-in-law last month

http://articles.timesofindia.indiatimes.com/2013-07-07/jaipur/40420237_1_police-officer-bikaner-railway-tracks

 

2      There are plethora of such cases, which are not even recorded by the National Crime Bureau, as  no index /column has been created for marinating the records of the married men committing suicides due to the abuse of the Dowry laws. Shockingly, their numbers of deaths due to suicides by them married men has been escalating with very meager concern by the Law making & enforcing agencies. It is pertinent to state that rise of suicides among the married men, due to harassment made by their wives and in-laws, is equal disconcerting, which has incessantly been ignored by the policy makers, due to extreme pressure by NGOs, organizations & peer groups, who unremittingly worked for women rights

 

3      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.”

 

4      The Section 498A of Indian Penal Code  is being fearlessly abused and misused by a large section of unscrupulous people, who are using the law as a weapon for ulterior motives. The persons implicated under 498-A have to face prodigious harassment and mental stigma which also includes the senior citizens, unmarried brother and sisters, pregnant ladies who are the relatives of the husband

 

5      These Biased laws of 498-A are misused by women to extort a large amount of money from innocent families, to alienate the husband from his parents and siblings, to gain control over his social and financial behavior, used as a weapon for concealing the true facts at the time of settlement of marriage, bargaining tool for women indulged in adultery and bigamy and adopting the recourse after being exposed, to enable divorce on women terms and conditions, to deny custody of children to men.

 

6      The implication under 498-A has led to the arrests of innocent individuals and thereafter has to take bail and has to face the criminal trial for several years in the home town of the complainant with many committing suicide as they are unable to bear the stigma on their honor and reputation.

 

7      As per NCRB( National Crime Record Bureau)

The following suicide cases which has been committed by married men during last 9 years, which has been reported by National Crime Record Bureau, Ministry of Home affairs
Number of Suicide Victims by “Married” Marital Status
YEAR MEN WOMEN
2013 64098 29491
2012 63343 31921
2011 62433 32582
2010 61453 31754
2009 58192 31300
2008 57639 30224
2007 57593 30064
2006 55452 29869
2005 52483 28188

The yearly suicides of married men has regularly been exacerbated every year, which is elucidated from the abovementioned data, yet no safeguards has been formulated by the Government of India for protecting the interests of married men, who have been falsely framed by unscrupulous wives and her family members, for extortion of money and other misdeeds

 

8      There is also an upsurge of registering 498-A cases every year and as per NCRB data, the charge sheeting rate of 498-A cases is 93.6%

Cruelty by husband or his relatives (Sec. 498-A IPC)
YEARS CASES REGISTERED
2009 89,546
2010 94,041
2011 99,135
2012 1,06,527
2013 1,18,866

Disposal Of IPC Crime Cases By Police During 2012
Crime Head CRUELTY BY HUSBAND OR HIS RELATIVES (Sec. 498A IPC)
3 Total No. Of Cases For Investigation, Including Pending Cases from previous year 147329
4 Cases Withdrawn By Govt. 613
5 No.Of Cases in which Investigation was refused 155
6 No. Of Cases Charge Found False / Mistake O Fact Or Law Etc. 10235
7 No. Of Cases Final Report True Submitted 5980
8 No. Of Cases Charge Sheets Submitted 87633
9 Total {(6)+(7)+(8)} 103848
10 No of case pending Investigation at the end of the year 4326
Charge sheeting rate: 93.6%

9      Hon’ble Supreme Court of India in ARNESH KUMAR VERSUS STATE OF BIHAR & ANR. CRIMINAL APPEAL NO. 1277 OF 2014 (SPECIAL LEAVE PETITION (CRL.) No.9127 of 2013) Date: 2 July 2014 has observed

“The rate of charge-sheeting in cases under Section 498A, IPC is as high as 93.6%, while the conviction rate is only 15%, which is lowest across all heads. As many as 3,72,706 cases are pending trial of which on current estimate, nearly 3,17,000 are likely to result in acquittal”

 

10    In Sushil Kumar Sharma v. UOI (2005),the Hon’ble Supreme Court of India held that “It may therefore become necessary for the Legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with”, it was observed. It was also observed that “by misuse of the provision, a new legal terrorism can be unleashed”.

 

11    The Hon’ble Supreme court of India in Preeti Gupta vs. State of Jharkhand, AIR 2010 SC 3363 the Supreme Court observed that “serious relook of the entire provision is warranted by the Legislature. It is a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over-implication is also reflected in a very large number of cases”.

“It is a matter of common knowledge that exaggerated versions of the incidents are reflected in a large number of complaints”. The Court took note of the common tendency to implicate husband and all his immediate relations. The Supreme Court directed the Registry to send a copy of judgment to the Law Commission and Union Law Secretary so that appropriate steps may be taken in the larger interests of society”

 

12    The abovesaid judgment of Preeti Gupta (Supra) resulted in the 243rd Report of the Law Commission of India, which was submitted on 30th August, 2012.

243th Report of Law Commission of India Dated 30Th August 2012 too emphasized that there is no empirical data produced by the Govt to reveal the extent how long it will be misused

1.3 Several enactments and provisions have been brought on the statute book during the last two or three decades to address the concerns of liberty, dignity and equal respect for women founded on the community perception that women suffer violence or deprived of their constitutional rights owing to several social and cultural factors. Meaningful debates and persuasions have led to these enactments. The insertion of Section 498A IPC is one such move and it penalizes offensive conduct of the husband and his relatives towards the married woman. The provision together with allied provisions in Cr. P.C. are so designed as to impart an element of deterrence. In course of time, a spate of reports of misuse of the section by means of false / exaggerated allegations and implication of several relatives of the husband have been pouring in. Though there are widespread complaints and even the judiciary has taken cognizance of large scale misuse, there is no reliable data based on empirical study as regards the extent of the alleged misuse. There are different versions about it and the percentage of misuse given by them is based on their experience or ipse dixit, rather than ground level study


11. Diagnosis of the problem and reasonable solution
11.1 That Section 498A has been misused in many instances admits of no doubt. This has been taken judicial notice of in several cases. The Parliamentary Committee has also adverted to this aspect. The inputs received by the Law Commission and the representations made to the Home Ministry also confirm this fact. However, there is no reliable data to reveal the extent of abuse or misuse. The data/information reveals that urban and educated women are mostly coming forward to file the complaints under this section. The data also reveals that in most of the cases, apart from the husband, two of his relations (especially in-laws) are being prosecuted………….

 

13    There is no remedy under the provisions of law to punish the people who misuse and abuse the law which also encourage the others to file frivolous cases for personal gains. There is no law for the innocent people who acquitted after facing the long period of protracted trials and who lost jobs, social life, golden phase of life . There is no law for the punishment of the corrupt and undutiful law enforcement agencies who instead of making impartial investigation, lined up with the complainant and mechanically filed the charge-sheet merely on the basis of the complaint and recording the statement of interested witnesses

 

14    The Petitioner and more than 1000 of the affected individuals across the country as well as internationally, send the signed representation to the Ministry /Union of India on 17/12/2014 & 03/01/2015 as well as on 04/04/2016 for conducting the empirical study for the misuse of 498-A. In order to know the status of the representation, RTI Application was filed, but there was no response from the Govt of India. The Hon’ble Central Information Commission ( C.I.C) CIC/VS/A/2015/001053/SB vide its order dated 09.06.2016 too issued directions to to inform the appellant about the status of his representation within a period of three weeks from the date of receipt of a copy of this decision but there was no response from the Government of India

 

15    It has already been observed by this Hon’ble Supreme court of India, Hon’ble High Courts across India as well as various subordinate courts that significant number of women misuses the dowry laws for settling the scores and used as a weapon to take revenge against the in-laws. The Ministry of Home affairs too issued three advisories to all chief secretaries on 20/10/2009, 16/01/2012 & 11/07/2014 to curb the misuse of the section 498-A . 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. 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

PRAYER:

 It is therefore prayed:

(a) That appropriate directions to be issued to the Government of India for conducting the reliable study for the misuse of 498-A across the country

(b) That suitable provision be specifically inserted in Section 498A so as to make it punishable for whosoever misuses of abuses it ;

(c) That the misuse/abuser of this law should be made liable to compensate the financial loss suffered by the falsely accused in the process;

(d)That time bound trial should be made a statutory requirement under this law, with a 6 month maximum limit specified therein.

(e) To issue directions to make laws for safeguards and protection of the rights of the married men and his relatives, especially senior citizens, unmarried siblings and pregnant women

Any other relief which this Hon’ble Court  deems fit and proper

                                                (PETITIONER)



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