The Committee on Petitions of the Rajya Sabha, under the Chairmanship of Shri Bhagat Singh Koshyari, Member, Rajya Sabha, is considering a petition praying for amendments in Section 498A of Indian Penal Code, 1860.
The petition is available on the Rajya Sabha’s website (www.rajyasabha.nic.in) under the link: Committees > Standing Committees > Committee on Petitions > Petitions with the Committee.
Many Women Organizations sent their Protest Letters against Rajya Sabhas move to Amend it, That shows the mentality of these Women Organizations, they want to misuse law only, as per recommended Amendments there is nothing special, as they are asking for Punishment for Law misusers and compensation for Legal Terrorism victims but Women Lobby strongly oppose, It shows they have support for Misusers.
In a memorandum to the Rajya Sabha Petitions Committee, the AIDWA has expressed shock and distress over the proposal demanding that offences under Section 498-A be made non-cognizable, bailable and compoundable.
These women Organization do not want to give chance to other party justify or Prove themself innocent, that’s why Women organizations strongly oppose to make it non-cognisable, bailable and compoundable. They say “women victims of violence do not file complaints under this Section unless they have suffered prolonged harassment and torture in their marital homes.” but anyone ask these women organization how many women are jailed, because, most of the Daughter in-laws are against Mother/Sister-in-laws, and as per these women organizations Mother/Sister-in-laws are not termed as Women. last but not least, Marriage of Almost all Women filled complaint under 498A, is ended in Divorce.
Other than Petitioner many NGOs sent their memorandum supporting and recommending many other clauses too.
Amendments suggested are as follows:
1. The proceedings under this section should not be termed “Criminal” in nature, as it not only attaches a stigma to the husband and his family but also unnecessarily takes away lot of human liberties, which are guaranteed by the constitution.
2. “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, in addition, also provision should be made in the law to penalize/demote/suspend the police and other authorities ho filed a FIR without enquiry and/or carried out false / incomplete enquiry”
3. “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”
4. “The Harassment of Victims resulting, due to filing of Section 498a, into suicide, to be termed as abetment to suicide”
5. “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 / further investigation.
6. “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 human dignity, livelihood, human rights, and constitutional rights.”
7. “Senior Citizens and minor Children should not be arrested or implicated”
8. “Burden of Proof should lie on accuser as per INDIAN EVIDENCE ACT,1872 , not on accused”
9. “False case should be Valid reason for damage and defamation under Section 499 and Section 500 of IPC”
10. “As in Section 498A IPC, Dowry giver should be Punished before Dowry taker, as the matter can be reported at a much earlier instance,than doing it as an afterthought just because the marriage has gone sour.”
11. The filing of police report after FIR must be completed in three months, and the court proceedings should be time bound to be completed in one year after the filing of report. And in case of a “B” report by the police, the court must decide within three months of the report having been filed by the police.
Most of the NGOs suggested to do Proper investigation and compensation of found not guilty and punishment for misuser and those who involved in it including Police and Authority.
Still These Feminists Organizations are against it because they support LEGAL TERRORISM, misuse of Law; and they want to harass innocent and go scot free.