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Petition to Ministry of Home, Ministry of Home Affairs, Ministry of Law, National Crime Record Bureau

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

  1 Ministry of Home AffairsNorth BlockCentral SecretariatNewDelhi110001 2 Ministry of Law and Justice,4th Floor, A-Wing,Shastri Bhawan, NewDelhi110001 3 National Crime Record BureauEast 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 IPCJUDICIAL 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.B5 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 REGISTERED2009 89,5462010 94,041 2011 99,135 2012 1,06,527 2013 1,18,866 Disposal Of IPC Crime Cases By Police During 2012Crime 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. 6135 No.Of Cases in which Investigation was refused 155 6 No. Of Cases Charge Found False / Mistake O Fact Or Law Etc. 102357 No. Of Cases Final Report True Submitted 59808 No. Of Cases Charge Sheets Submitted 87633 9 Total {(6)+(7)+(8)} 10384810 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 AffairsNumber of Suicide Victims by “Married” Marital StatusYEAR MEN WOMEN 2013 64098 294912012 63343 319212011 62433 32582 2010 61453 317542009 58192 313002008 57639 302242007 57593 300642006 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 IPC9 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     II    'Wife responsible for IPS officer's suicide'        TNN | Sep 10, 2018, 10:50 IST   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.   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 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   The Video is available at the following link Software engineer from Jodhpur hangs himself to death, alleges wife for false dowry case. Zee News   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.   The Video is available at the following link     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   VIII Judge tries to commit suicide in DelhiBy 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.   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   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 XI   Doctor ‘kills self’ inside car in Noida parking lotPolice 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   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 Link   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   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   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   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   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                                                                     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   XIX Ex army man consumes poison in the court in Miyapur (Hyderabad) The deceased was facing Domestic Violence case initiated by his wife   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.  . 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.   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 XXIII     Primary School teacher accused of dowry harassment commits suicide in Police custody   XXIV      Senior Medical Officer accused of dowry   harrasment commits suicide at Ansol Distict of West Bengal   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 XXVI: Man commits suicide, blames wife, in-laws in note               16 Feb 2018, The Hindu  

y mahajan
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Started 4 weeks ago

Petition to National Medical commission, MINISTRY FOR HEALTH AND FAMILY WELFARE, Govt. of India, HEALTH UNIVERSITIES, KERALA UNIVERSITY FOR HEALTH, Indian Medical Association, indian psychiatric association, World Health Organization, mohfw, Parliament Of India, the supreme court of india, DR.HARSHA VARDHAN, AIMMS , Kerala University of Health Sciences, KERALAMEDICOLEGALSOCIETY , NATIONAL AIDS CONTROL SOCIETY, NATIONAL LEGAL SERVICES SOCIETY, National Human Rights Commission, KERALA STATE LEGAL HUMAN RIGHTS COMMISSION, NATIONAL TRANSGENDER COUNCIL, SOCIAL JUSTICE DEPARTMENT KERALA, ministry of social justice and empowerment


 #NoMoreInstitutionalisedQueerphobia: Remove unscientific & queerphobic contents from Indian medical curriculum The world is becoming more & more queer inclusive, thanks to medical science and organisations like WHO & American Psychiatric Association(APA) for their constant efforts in changing the age-old notion of viewing queer identities as mental illness/spiritual abomination; to normal variants of human sexuality & gender based on emerging scientific evidences. As we know, APA has declassified homosexuality as a mental illness in its 2nd edition of Diagnostic & Statistical Manual of Mental Disorders(DSM) published in 1973 & WHO removed it from its 10th revision of International Classification of Diseases(ICD) in 1990. Recently transgender identity also has been removed from DSM in 2013 & from ICD in 2018. Following suit, Supreme Court of India has recognized Transgender as a Gender Identity in its historic NALSA judgement of 2014 and legalized consensual homosexuality between adults in 2018(Amending IPC 377 and decriminalized Homosexuality). The apex court has opined that classifying sexual offenses as 'natural' and 'unnatural' is both absurd & legally invalid and instead rightly upheld the importance of mutual consent in determining whether a sexual activity amounts to criminal offence or not. At the same time, it is rather shocking to observe that most medical textbooks especially those of forensic medicine taught in Indian universities still classify queer identities as mental illnesses/sexual perversions & portray LGBTIQA+ community members as indecent creatures having a criminal mindset. More than being unscientific, it is also inhuman to stigmatise an already marginalised & discriminated community, who are constantly fighting for their basic human rights; and instill hatred into young medical students who will become doctors and are going to treat members of the same community in future. Despite multiple appeals from Community Organisations and allies, the revised undergraduate curriculum published by Medical Council of India in 2018 failed to address the matter. We appeal everyone to support this petition so that it reaches the authorities of National Medical Commission, various medical universities and institutions as well as the publications and authors of Indian medical textbooks; to accept responsibility and take immediate steps to rectify this gross violation of Human Rights. We, Queerythm LGBTIQ Community appealing everyone to support us to end this phobic attempt and hatred. Let's spread scientific and rational knowledge instead of false and unscientific. Let's make a better world of diversity with love.

1,747 supporters