To obtain reliable data by conducting empirical study on misuse of provisions of 498-A IPC

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1 Ministry of Home Affairs
North Block
Central Secretariat
NewDelhi110001

2 Ministry of Law and Justice,
4th Floor, A-Wing,
Shastri Bhawan,
NewDelhi110001

3 National Crime Record Bureau
East Block-7, R.K. Puram,
NewDelhi-110066

SUB: Petitioning to obtain reliable data by conducting empirical study on the misuse of the provisions of 498-A IPC
JUDICIAL DECISIONS:
1 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 the judgment to the Law Commission and Union Law Secretary so that appropriate steps may be taken in the larger interests of society”

2 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”.

3 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”

243rd Law Commission Report:
4 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 an 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………….


N.C.R.B
5 On seeing the NCRB data, Police register the cases under section 498-A IPC which has been escalating year by year and charge sheeting rate 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 the case pending Investigation at the end of the year 4326
Charge sheeting rate: 93.6%

6 The following suicide cases which have been committed by married men during the 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 above data clearly reflects that suicides cases among the married men have been increasing every year. Yet nothing has done on any reliable study about the misuse of the provisions of Indian law, causing suicides to married men

7 It has also been held by the Hon’ble Supreme Court of India as well as Law Commission of India, that most of that in many instances, complaints under s.498A were being filed with an oblique motive to wreck personal vendetta. The Law Commission, in the absence of reliable data based on empirical study, could not pass any substantiated recommendations for the abuse of 498-A. The Hon’ble Supreme Court of India didn't make interference with legal provisions, while disposing of the petition of Sushil Kumar (Supra), recommending Legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with. The Ministry of Home Affairs in compliance to the Arnesh Kumar Judgment, issued third advisories dated 11 June 2014, to the Chief Secretaries, to implement the guidelines for compliance of section 41 Cr.P.C & curbing arbitrarily arrests in 498-A I.P.C related cases but no steps have been made for conducting empirical study for obtaining reliable data for its misuse of 498-A IPC
9 Due to rise of FIR/complaints, high rate of filing charge sheets, high pendency of the cases in courts for trial, it’s now equal essential that reliable data based on empirical study, also need to be required for serving the purpose of criminal jurisprudence as well as for the protection of the fundamental rights of the individuals, and their relatives who has falsely been roped in cases, and languished in courts for years at distance place from their home town

Regards
(Signatures and supporters from groups along with names and comments attached)
Need for Men rights Commission,
498-A victims,
Stop Misuse of Biased laws, Men's Rights Association of India

 

NEWS PAPER CLIPPINGS/MEDIA REPORTS SHOWING HARASSED MEN COMMITTED SUICIDES

 

I  Marital problems may have driven Buxar DM Mukesh Pandey to suicide: Family
 Updated: Aug 11, 2017 23:16 IST  Hindustan Times

District magistrate of Buxar in Bihar, Mukesh Pandey (29), was found dead on the railway tracks in Ghaziabad on Thursday night. Family, friends and colleagues, who arrived in Ghaziabad following the suicide by the 2012 batch Bihar cadre IAS officer, said they were shocked

http://www.hindustantimes.com/noida/marital-problems-may-have-driven-buxar-dm-mukesh-pandey-to-suicide-family/story-07Ml57Bwy2vYh56JrfclJP.html

 

 

II    'Wife responsible for IPS officer's suicide'

       TNN | Sep 10, 2018, 10:50 IST

https://timesofindia.indiatimes.com/city/kanpur/wife-responsible-for-ips-officers-suicide/articleshow/65749669.cms

 

III      Ranchi: Tortured by daughter-in-law, five members of a family end life in a ‘suicide pact

Ranchi | Published:October 9, 2016 7:15 pm

The police said that, prima facie, it seemed to be a case of suicide pact between the family members, who were feeling tortured and threatened by the daughter-in-law of the former Army doctor.

http://indianexpress.com/article/india/india-news-india/ranchi-tortured-by-daughter-in-law-five-members-of-a-family-end-life-in-a-suicide-pact/

 

IV              Harassed by wife, man ends life

Pune Mirror | Oct 18, 2016, 02.30 AM IST

Couple — married in December last year — was having constant arguments; police recover suicide note accusing the woman of torture

http://punemirror.indiatimes.com/pune/civic/Harassed-by-wife-man-ends-life/articleshow/54903775.cms

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

       “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

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

 

VI   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

 

 

VII  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

 

VIII 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

 

IX   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

 

X     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

XI   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/

 

XII  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

 

XIII  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/

 

XIV 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

 

XV   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

 

XVI 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

 

XVII 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

                                                                   

XVIII     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

 

XIX 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

 

XX   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

XXI 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

 

XXII       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

XXIII     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

 

XXIV      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

 

XXV 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

XXVI: Man commits suicide, blames wife, in-laws in note

              16 Feb 2018, The Hindu

https://www.thehindu.com/news/cities/Delhi/man-commits-suicideblames-wife-in-laws-in-note/article22766891.ece

 



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