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 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 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………….


News clippings
5 Various media reports obtained from Internet( news clipping & videos attached) which clearly showed that police has committed various atrocities during the investigations and has even roped 2 month aged baby & 7 years child in its FIR/charge sheet filed before the court. The Provisions of 498-A has grossly misused that many husband/their relatives has committed suicides during the course of criminal trial. Some extracts from news papers are reproduced as below with their links ( to check the genuinity of the news). Many incident donot get media coverage and hence unreported

I 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

II 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/

 

III 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

IV 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

V 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

VI 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

VII 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

VIII 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

IX 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
X 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
XI 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
XII 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

XIII 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

XIV Baby Got bail
21/06/2009 news published in Mid Day, Mumbai
baby Got bail-in which Two-month-old gets dragged into a dowry harassment case filed by her father's first wife. In a case straight out of Ripley's Believe It Or Not, the Mumbai Sessions court last Wednesday (June 17, 2009) granted anticipatory bail for what must have been their youngest applicant ever a two-month-old baby…

The above article can be downloaded by visiting the following undermentioned link
http://www.mid-day.com/news/2009/jun/210609-Zoya-two-month-old-girl-anticipatory-bail-dowry-harrassment-case-youngest-accused-Mumbai-news.htm

XV Seven-yr-old faces dowry charges Published On: May 26, 2007
A seven-year-old has been charged in a dowry case in Bihar. Santosh, a class four student has paid the price for a crime he did not commit.
http://www.ndtv.com/video/player/news/seven-yr-old-faces-dowry-charges/13976
XVI 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



N.C.R.B
6 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 case pending Investigation at the end of the year 4326
Charge sheeting rate: 93.6%

7 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 above data clearly reflects that suicides cases among the married men has 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
8 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 didnot made interference with legal provisions, while disposing 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 has 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 needs 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

 

 



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