SAMPLE Letter Personal – Petition praying for amendments in Section 498A of IPC

To,
Sri Rakesh Naithani,
Joint Director, Rajya Sabha Secretariat,
Parliament House Annexe
New Delhi – 110001

Subject: Memorandum on “Amendments in Section 498A” and request for deposing in front of the Committee
Honorable Members of the Committee,

My Name is <Write your Name>; I am one of the Victim of Dowry Law (498A IPC). I would like to use the opportunity to provide comments and suggestions on Amendments in Section 498A. We would also feel honored to depose in front of the Committee.

I Never took or demanded any Dowry, still false case of 498A filled aginst me and my whole Family, With one word of my wife, Police Registered case against us without any Investigation.

The Chief Justice of India has openly admitted the blatant misuse of IPC 498a. Chief Justice of India K G Balakrishnan said that in some cases this section — that deals with matrimonial cruelty — was being `grossly misused’.  Elaborating on false cases being filed in recent times, the CJI said that relatives not involved with a matrimonial dispute were unfairly implicated.

The Supreme Court of India itself has labeled the misuse of section 498a as “legal terrorism” and stated that “many instances have come to light where the complaints are not bona fide and have been filed with an oblique motive. In such cases, acquittal of the accused does not wipe out the ignominy suffered during and prior to the trial. Sometimes adverse media coverage adds to the misery.” In agreement with the above statement, the findings of a study conducted by The Centre for Social Research indicated that “98 percent of the cases filed under IPC section 498a are false”.
Recommendations of Malimath Committee on IPC 498A

Justice Malimath Committee on Reforms of Criminal Justice System, Government of India, Ministry of Home Affairs, 2003 observed the following and gave the recommendation to amend the law immediately:

“In less tolerant impulsive woman may lodge an FIR even on a trivial act. The result is that the husband and his family may be immediately arrested and there may be a suspension or loss of job. The offence alleged being non-bailable, innocent persons languish in custody. There may be a claim for maintenance adding fuel to fire, if the husband cannot pay.

.. It is therefore necessary to make this offence (a) bailable and (b) compoundable to give a chance to the spouses to come together.

.. The Code may be suitably amended to make the offence under Section 498 A of the I.P.Code, bailable and compoundable.”.

Between 2003 to 2006

5,01,020 people arrested under Section 498A of IPC;
2,94,147 people completed trial under Section 498A of IPC; and
58,842 people convicted (NCRB statistics)

These statistics shows 80% of Innocent people are victimized, even out of 58,842, many won case in High Court or Supreme Court too. As per Women organizations to give Justice to 20% of women they want to victimize 80% of Men Family. This law is not against men but against husbands Old mother, sisters,Distant relatives even breast fed child is arrested; still they strongly oppose Amendment to this Law to make it Gender neutral.

If anyone want to know the truth then, they can ask NCW / WCD, to Show a Single Women who is Happy and united with Husband after filling case of Section 498A on husband Family, coz all cases endup with Divorce and make children Fatherless. thats the only outcome of this Law.
I hereby prays for the following amendments in IPC 498A:-

        Section 498A of IPC should immediately be made non-cognizable.
Innocent citizens are being arrested everyday based on mere complaints without requiring evidence or investigation. Even children and senior citizens are not being spared. IPC 498A, being a cognizable offence, violates a citizen’s right to due process.

        Section 498A of IPC should immediately be made bailable.
Section 498A, being non-bailable, allows punishing the accused by imprisonment even before guilt is established. This goes against the Universal Declaration of Human Rights which states that everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law. Abused women need protection, but placing unconditional faith in the statements of a woman and confining the accused husband and his family in police or judicial custody, until bail is granted by a court, is not the way to accord protection to women.

        IPC 498A should be made Gender neutral.
Domestic abuse is not gender specific. The assumption that victims of physical, verbal, emotional, sexual, and financial abuse are always women is wrong. According the Universal Declaration of Human Rights “all are equal before the law, and are entitled without any discrimination to equal protection of the law”. Hence, our fathers, brothers, sons and husbands should also be accorded protection from physical, verbal, emotional, sexual, and financial abuse by women.

        Police involvement in counselling should be banned.
Marriage is not a crime and marital disputes are not crimes either. Where there is no evidence of physical harm or threat to life or limb, the police should not be allowed to arrest anyone. The police should not be allowed to randomly summon a husband and his family members to the police station in the name of counselling or questioning in case of marital disputes.

        Persons who misuse IPC 498A should be penalized immediately, after completion of trial, by the very same court, which is conducting the trial.
Misuse of the process of law, not only costs the public exchequer dearly, but also destroys the personal lives of many innocent citizens. Misuse of law should be treated as a serious crime, and persons who use women-protection laws as weapons for settling personal scores in marital disputes should be severely punished. Moreover as there are crores of pendency of cases in trial courts, the misuser should be punished by the very same court, conducting the trial, immediately on completion of trial, so as to maintain the effectiveness of the Misuse clause. We all know that justice delayed is justice denied.

        As per Section 498A of IPC, Giver and taker of Dowry are equaly responsible for the crime,but Judges ignore Girl Family and they will not be charged, Judiciary should take this matter seriously, as Girl side never report at the time of marriage of Dowry demand if any, they only report only when marriage is on the brink of Divorce, so girl side is the one who misuse this Law and they have to be charged / Penalised according to Law.
A new Misuse Clause be inserted in IPC 498A, which may be as follows:

 “Whosoever misuses IPC 498A, in any way, to cause harassment to the opposite party, will be sentenced to a term of 3 years, immediately on completion of trial, by the very same court, which was conducting the trial, and would also pay a fine, equal to Rs 10,00,000/- (Rs. Ten Lakhs) per year to the opposite party. And also penalize/demote/suspend the police and other authorities who have done false / incomplete enquiry”

“Misuse of Section 498A IPC to harass husband and his family should be made valid reason for Divorce and Termed to be deserted without valid reason”

“The Victims of Harassment of Section 498a who committe suicide to be termed as abetment to suicide”

“Dowry demand victim should report to Legal Service Authority about her complaint, not to Police, as once arrest has been made, for sure that marriage will end in Divorce. Once Legal Service Authority certifies then only it should go to Police for FIR / farther investigation.

“IPC 498A should be removed from Criminal case,as its a Family Matter; because of this many lose their Job.its a Violation of right to livelihood, human rights and constitutional rights.”

“Senior Citizens and minor Children should not be arrested or implicated”

“Burdon of Proof should be lies on accuser as per INDIAN EVIDENCE ACT, 1872 , not on accused”

“Flase case should be Valid reason for damage and defamation under  Section 499 and Section 500 of IPC”
 
Thanking you,

Yours faithfully,

<Write your Address>

6 thoughts on “SAMPLE Letter Personal – Petition praying for amendments in Section 498A of IPC

  1. I have already sent the letter to RS through e-mail and by speed post. Speed post no. is ED191357472IN.

  2. I have already send letter to Rajya Sabha Committee through mail in hindi and english

  3. I am ChellaMuthuRaja, one of the affected people by the false dowry complaint. I got married on 13/03/2009 by Hindu tradition. My parents are retried Government officials.
    At the time of marriage my wife was working as Senior Exec HR in an IT concern. I was working as Customer Support Exec in a Telecommunication industry.
    At the time of bridal night, she told, not to go for baby for 2 years. I agreed.
    My wife has taken a loan for 6 lakhs, which is not known to me. Within 2 months of marriage she received a lot collection calls from various banks to repay the money used by her with credit cards. On enquiry she lie that she have only 2 CC, but after checking I got to know that she have 12 credit cards ( using different Name format with different initials and with various address). I dint care about her money, but advised to repay bank.
    My wife’s family members started to quarrel with me, demanding me to pay money to bank for her credit cards, which I have not used. Then I came to know that, it’s their regular routine to take money from banks and at time of repayment they cheat the banks by getting waiver.
    I was very affectionate with my wife, but she didn’t show any kind of attention or love towards me or my family. My wife got bad breath, so I took her to dentist to clean her teeth. Dentist checked her and shocked that all her grinding tooth and gums are decayed producing a foul smell. Doctor asked 75000 rupees to get her cured.
    I behaved like a normal man, taking my wife to movies and buying gifts etc…
    She never talks to me and rather she was always rude to me.

    She always goes to her parent’s house without my consent and return as she wishes. My wife family member dint even has the humanity to talk to me or accept me as their family member.
    As day passed, I and my wife were living in my home in 3rd floor and my parents lived in 2nd floor. My parents were very affectionate to my wife. My parent’s brought her lots of dress and taken care of my wife like their daughter.

    Now, after 2 years of marriage, on 13/3/2011 we celebrated our wedding anniversary. On 15/03/2011 my wife suddenly went to women police station and complained about me. My wife’s brother took her away to their home without my consent.
    On 26/3/2011 I along with my senior family members convicted a panchayat with my wife, wife’s parents. My wife promised to return to matrimonial home. But she failed.
    Now exactly on 02/05/2011 my wife made false dowry harassment complaint on me and my family members in W3 women police. (My wife wants me to get harassed). She is so clever that she logged complaint on court vacation period (2may11 to 30may11), so I can’t take help judicially. Now I and my family are helpless…

    Please stop these kind of law misusers.

    HElp.. heal our pain.. Chella Muthu Raja

  4. Dear Chella muthu raja, Not to worry and keep faith in GOD. first think in india more than 40,00,000are victim of this crucial laws. so now important thing contact any how to IO(investigationg officer) if possible pay some amount. Take a arrest stay From high court (must in any condition) get an interim bail if possible. file counter case immidiately agaist in laws for more information join—http://www.facebook.com/pages/MyNation/133828996693107

  5. My marrige solemnized on 15.5.2011 and trapped in 498a and DV on 23.7.2012 after born of my daughter i.e. within 8 months of marriage. I will fight against false 498a, DV for my entire life untill I will not get justice. It’s all about my 2 months old daughter. False case of 498a and DV is big industries of NCWD, police, advocates and judges. Its turnover is in carores of rupees. First come police, they get bribe from women to arrest her husband & her inlaws and then get bribe from husband to release him and his parents. Then comes advocate, women’s advocate misguide her and husband’s advocate threatened him for sentenced and both advocate by mutual understanding looting money from both husband and wife. Some times judges also without knowingly give dicision in favour of women in 125 and DV mtnc case to force husband to get back her and getting money from women. By this husband and his family who are actually raped by wife are also raped by this kind of judges. So who are trapped in 498a and DV have no human right. They are not human. So you have to fight the case for your entire life or make settlement by giving huge amount to wife or behave as inhuman against false 498a family, choice is yours. Untill women will not be punished this will not be stopped. Also false 498a family should be punished for defamation and damages claimed by husband. This two amendment must to stop rising of false cases of 498a. But in India nobody have guts to amend this section with this two points. Even Narendra Modi PM of India can’t do.

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