Scrap Dowry Law (IPC-498A) to stop an alarming rate of suicides by husbands and bring a law to protect husbands from domestic violence also

The Issue

  1. Wife/daughter-in-law who's demands are not met can make a written false complaint of dowry harassment to a nearby police station. The husband, his old parents and relatives are immediately arrested without sufficient investigation and put behind bars on a non-bailable terms.
  2. Even if the complaint is false, husband/ his parents will be presumed guilty until he proves that he/ his parents are innocent.
  3. Most cases where Sec 498A is invoked turns out to be false (as repeatedly accepted by High Courts and Supreme Court in India) as they are mere blackmail attempts by the wife (or her close relatives).
  4. In most cases 498A complaint is followed by the demand ofor huge amount of money (extortion) to settle the case out of the court
  5. There have been countless instances where, without any investigation, the police has arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even small children
  6. Husband and his family has to go through a lot of mental torture and harassment by the corrupt Indian legal system.
  7. A typical case goes on for years (5-7 years is typical) and the conviction rate is about 2% only. 
  8. Many Husbands have lost their jobs due to frequent court visits/ notice sent by wife to their office posing husbands as criminal (even though with a past clean record with police).
  9. This section is non-bailable(you have to appear in court and get bail from the judge), non-compoundable (complaint can't be withdrawn) and cognizable (register and investigate the complaint, although in practice most of the time arrest happens before investigation). 
  10. Another Law which needs amendment is Domestic Violence Act  (IPC-12). The DV act singles out men as perpetrators of domestic violence and assumes that only women are victims.
  11. As per this law, only a woman can file a complaint against her male partner. A man, who is a victim of domestic violence, has no rights under this law. 
  12. The second significant flaw in this law is that it lends itself to such easy misuse that women will find it hard to resist the temptation to “teach a lesson” to their male relatives and will file frivolous and false cases.Trend which is already being followed with 498A
  13. If wife has an affair and husband tries to prevent her from meeting her lover, he could be punished under the DV act, as he is preventing her from meeting someone.
  14. If wife decides not to cook and wishes to eat out in a restaurant everyday, husband cannot afford not to oblige, lest he invites the DV provision for “not providing food”, for which he could be jailed.
  15. Husbands can be booked under the DV act if wife feels that she has been insulted. Insult is a relative term, which is totally left to her discretion. Interestingly, if she insults and abuses him verbally or even physically, he does not have any legal recourse in this law.
  16. Wife retains the right to the residence. This is a very convenient means of getting control of the house regardless of whether she has any legal right on the property.
  17. Moreover, if the husband is booked under DV, he is responsible for paying the rent as well, even though he may not be allowed to live in the house or he might even be in jail.
  18. Reference: http://www.498a.org
  19. Finally this petition should be considered as the marital laws should be to protect the family from breaking away and not vice-versa , should not be gender biased to an extent so as to be mis-used.
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The Issue

  1. Wife/daughter-in-law who's demands are not met can make a written false complaint of dowry harassment to a nearby police station. The husband, his old parents and relatives are immediately arrested without sufficient investigation and put behind bars on a non-bailable terms.
  2. Even if the complaint is false, husband/ his parents will be presumed guilty until he proves that he/ his parents are innocent.
  3. Most cases where Sec 498A is invoked turns out to be false (as repeatedly accepted by High Courts and Supreme Court in India) as they are mere blackmail attempts by the wife (or her close relatives).
  4. In most cases 498A complaint is followed by the demand ofor huge amount of money (extortion) to settle the case out of the court
  5. There have been countless instances where, without any investigation, the police has arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even small children
  6. Husband and his family has to go through a lot of mental torture and harassment by the corrupt Indian legal system.
  7. A typical case goes on for years (5-7 years is typical) and the conviction rate is about 2% only. 
  8. Many Husbands have lost their jobs due to frequent court visits/ notice sent by wife to their office posing husbands as criminal (even though with a past clean record with police).
  9. This section is non-bailable(you have to appear in court and get bail from the judge), non-compoundable (complaint can't be withdrawn) and cognizable (register and investigate the complaint, although in practice most of the time arrest happens before investigation). 
  10. Another Law which needs amendment is Domestic Violence Act  (IPC-12). The DV act singles out men as perpetrators of domestic violence and assumes that only women are victims.
  11. As per this law, only a woman can file a complaint against her male partner. A man, who is a victim of domestic violence, has no rights under this law. 
  12. The second significant flaw in this law is that it lends itself to such easy misuse that women will find it hard to resist the temptation to “teach a lesson” to their male relatives and will file frivolous and false cases.Trend which is already being followed with 498A
  13. If wife has an affair and husband tries to prevent her from meeting her lover, he could be punished under the DV act, as he is preventing her from meeting someone.
  14. If wife decides not to cook and wishes to eat out in a restaurant everyday, husband cannot afford not to oblige, lest he invites the DV provision for “not providing food”, for which he could be jailed.
  15. Husbands can be booked under the DV act if wife feels that she has been insulted. Insult is a relative term, which is totally left to her discretion. Interestingly, if she insults and abuses him verbally or even physically, he does not have any legal recourse in this law.
  16. Wife retains the right to the residence. This is a very convenient means of getting control of the house regardless of whether she has any legal right on the property.
  17. Moreover, if the husband is booked under DV, he is responsible for paying the rent as well, even though he may not be allowed to live in the house or he might even be in jail.
  18. Reference: http://www.498a.org
  19. Finally this petition should be considered as the marital laws should be to protect the family from breaking away and not vice-versa , should not be gender biased to an extent so as to be mis-used.
avatar of the starter
Save Indian FamilyPetition Starter

The Decision Makers

BJP President Mr. Amit Shah
BJP President Mr. Amit Shah
Honble Union Home Minister Mr. Raj Nath Singh
Honble Union Home Minister Mr. Raj Nath Singh
Minister of Law & Justice Mr. D.V.S Gowda
Minister of Law & Justice Mr. D.V.S Gowda

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Petition created on 17 May 2015