498A Amendment – Those who oppose support misuse

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.

28 thoughts on “498A Amendment – Those who oppose support misuse

  1. i think its better to support parallel govt in inida. Govt of india doent recongize the value of tax paid by mens in this country. And giving misuing powers to women will only lead more counter groups like harrashed husbands joining naxalites ,jihadis to take revenge on these women.

    Govt should consider misusing 498a ,DV as serious issue as this spoiing even higly educated people lives. and it also wastes govt resources like police ,judiciery etc . Harrashed husbands may trunout to be terrorist as well if this continue like this.. Now husnabds rise your vioce before your wife spoils your life and your parents life…

    This is not small issue as its visible. eradicate these gender discrimintory laws from the coutry…

  2. My Suggestions to stop misuse of 498A IPC: –

    1. Making 498A IPC Gender Neutral, right is required that Husband & In laws also can file 498A against her wife/ Daughter in law/ Sister in law.

    2. This is applicable for Domestic Violence & such type of case. case.

    3. Police should not arrest any person before proper investigation.

    4. 498A must be Bailable offence, until court declared the particular person guilty.

    5. Any people from any status are misusing laws like 498a, etc. I think this is for to extract money by treating marriage as a drama; applicable for any other law also. It is also a strong example of wasting of valuable time & expenditure of govt. of India, Govt. of particular sate, judiciary and administration & also applicable to Indian citizen’s who are waiting for proper justice. So, if any person found raised false case & it is proved by court then his or her citizenship must be seized & any kind of facility from government should be withdrawn by law.

    6. If anybody comes to police station & court to file allegation against anybody it should be mandatory to take declaration that allegation is true & if found false, fraud, fabricated only for blackmailing opponent he or she should be in jailed for a period of equally as per his / her present age for misusing Indian law. i.e. if a person file case at the age of Thirty years & after Five years court declare final Judgment then said person came to age of Thirty five & he or she should be jailed for Thirty Five years.

    7. It is also required to take help from modern scientific system that the persons who raised allegation is true or false when Police receives diary or Judiciary receives case, by this process some false case may be eliminated and stop present fashion to earn money by misusing IPC 498A, etc.

    8. Stop such person to marry or impose fine INR 1 Lakh with multiplying with his or her age who feels shy to express them as Husband or Housewife.

    9. If it is proved in court that anybody raised false fraud, fabricated allegation only for blackmailing opponent then he or she should pay all expenditure incurred by opponent also expenditure of Govt. agency for his or her case.

    10. Advocates who are represented client should fixed rate for particular like Law and it required to issue money receipt of fees.

    11. Tax relief from expenditure on court.

    12. Most important compensation part who are suffering for false case. Summation of age of all sufferers multiplying by Rs. 1 Lakh. i.e. if total persons suffered 6 nos. Sufferer 1- 55 yrs., Sufferer 2 – 50 yrs. Sufferer 3 – 30 yrs. Sufferer 4 – 26 yrs. Sufferer 5 – 28 yrs. Sufferer 6 – 5 yrs. Total Summation of age 194 yrs. Punishment should be not less than 194 yrs. x 1 Lakh = Rs. 194 Lakhs only. This hard step is required to reduce misuse of Law by the person who are not respects our India, Indian Laws & citizen of India.

    13. If he or she unable to pay such amount all property to be seized & sold according to law & his or her earnings of every month in jail to be handed over to Victim person.

    14. Who really do the wrong he or she also should be punished according to law to stop cruelty against Man or Woman.

    Above portion of my 8 pages letter I like to share with you. I believe in specific formula not in lump sum.

  3. Dear I am totally agreed that we are living in Democratic country so both Husband & wife have equal right for there protection & equal penalty for both if husband ask for dowry that he will punished & if wife misuse the 498a against husband & his family then same punishment for her and her family so before making false complaint she thing 100times.
    today act wife know what happened maximum the divorce & she also get less maintenance.
    So there should be equal right for all.

  4. The only reason draconian laws like IPC 498a still exist in there original form even after many organizations have demanded for its revision including the Supreme Court of India calling for the government to act on legal terrorism, is because of powerful feminist organization. 
    UNIFEM a powerful Feminazi NGO out of the USA supports draconian laws to protect women regardless how biased the laws maybe. It all depends on the governments desire to implement such bias laws or not to. 
    These terrorizing feminist organizations are backed by the US government under the present Obama administration under the gaze of womens empowerment and protection, but rather these outfits are no better then funding Al Quida itself.  Once society realizes the very nature and agenda of feminist organizations which is to destroy families as is the case in all Western Nations, simply look at the divorce rate, and gender biased Domestic Violence laws. Outfits like UNIFEM are out to spread Western Bias Domestic Violence Laws to the entire world. Why spread a failed system else where when you cant even look after your own back yard affairs?

    Visit my Blog at to read over 1400 articles and reports on Mens Rights. 
    http://498aterminator.blogspot.com/

  5. I have a different take on this. Let these laws continue.Infact, we need stronger laws of extortion. We need more and more such laws to screw up men. Only then will men wake up. Today most men are living in an ivory tower, an illusion of power. Under the garb of male dominated society, women’s groups are supporting and abetting female domination. The truth is that society in urban areas is female dominated. Women have organisations to protect them, laws to protect them, reservation and what not. Where are welfare measures for men? Every year, more than 3 times the number of men are committing suicide than women. Most of the dangerous and dirty jobs are done by men. This is not recognised. Men are dogs and bastards according to govt of India which only seeks votes of women.

  6. The law is never wrong. But the misuse of law is there. Well its not totally wrong that the women have suffered a lot because of violence against them. But the shame is that, the ones who are benefiting from these laws are not the sufferers (most of them).
    These so called innocent women are using the law for their personal vengeance against the husband and in-laws. They are using it as a tool to blackmail the families.
    Most of the modern day women are self dependent and non compromising. They keep their personal interests above the welfare of the family.
    In such cases, each and every concerned member of both the families should be given a chance to speak their heart out among the society. Like it happens in gram panchayat. Since marriage is a social institution let the society decide who is quilty (ofcourse, it should have legal implications involved as well). The jury members should consist of atleast 50 members (men and women both, family members and social circle of both families, the neighbours etc), related and not related to both the parties.

    Equality is the key to all the problems in the world.

    I am a women, but raise my voice against the injustice being done against innocent families.
    It should not be seen just as cruelty against men or women, but against a innocent human being.
    Every individual has the live his/her life as they like to.
    We should first know our duties and then pursue our rights.

  7. i m a victim of false fabricated case of 498a. in 2006 i got married a women who working for call centre her brother is a judge and father is advocate .i  file a div. petition because of her her bad behavior . after i file petiion after two week she file a fir against me in dowery act. rape and many other ipc acts.she came to police station with her brother whos a judge in punjab. police file a case under her brothers presurre. best thing is we have recored in our village that  in my famile no body took any dowery in there marrages . i m yongest in my famly. second thing is my wife and his judge brother they file a case against women orgnisation too on the same day. . so one bad chracter lady she put 5 womens of my family and two from villege in the case we r suffring since 4 years no body listniing us my mothers is almost 98years. but u think is there any posibilty of demanding dowery when two  her family members r working for judiceries.now they demanding 25laks for divorce.that is too much for me .i spend almost 20laks on fake cases.if any body can help me plz contact thak u.

    //You can contact our HELPLINE numbers or post here http://forum.mynation.neteDitor

  8. Dear friend you are not alone , I spend more than 20 Lakh rupees and strugling for last 8 years and going on , all of this because one woman filed fals report and the police report itself concluded that it is a false report there was no dowery demand and the same police, women cell department just remove the previous police report and filed inthe court, what we can do from U S A . All the reletives want more money , there is no reletive or friend realy want to help . If we go back to India we will stuck in this legal mess and loose our business , home , job and all other liability . I think it will change only if we stand aaaaall together like Egypt can change the government and curruption . So do not feel alone , there are so many others like you & me . Thank you . Be brave my mother died and my sister died but I could not go to India , because of one false report without any evidence .John

  9. I believe this act shows that we men are helpless.this act simply means leave your parents after marriage and become slave to your wife & her family.Otherwise you & your family will be punished.An women can do anything,she will marry you & can make your life & your aged parents life hell…..with the support of her greedy family members she can ask you to become a dog and can kick out of her whenever she need it……We need to do something.Even oue media is to do something, & its a big issue but our media is buzy with why Salman khan is getting Married??Ha…..We are helpless….we are suffering without doing anything.This laws sucks….

  10. I a victim of such law.
    As a democratic contry we should raise our voice before it is too late. Only person who actually suffer can understand pain and trouble such law can cause.
    I am educated as well but was not even aware such law exists. Men within India should raise their voice and stop such polititions making such laws.

  11. i am a victim of such law.it is fully women biaed law which causes a huge mental harrashment to the husband & his family. i am the younger brother of the husband.only the person who is suffering such law can understand the pain and trouble.Due to the misunderstanding of one women,all family member who are not involved are getting convicted,this is not a justice. So this law requires complete amendment.

  12. I am a victim too, this women law is biased /pure Legal terrorism – the false dowry case filed by my (Ex) wife and her parents has shattered my life and horrified my entire family for no mistake of us
    I urge all honest men to come forward together and support this “498A Amendment – Those who oppose support misuse”

    Today it doesn’t matter whether you are a victim or not of this misuse – you never know when this monster might hit you (I pray none of the honest husband in this world go through this pain),
    Therefore we man need to support the proposed amendment in law ASAP – else lot of innocent husbands and parents will continue to suffer and many may die for no mistake of them

  13. Men Are Oppressed Too! The oppression of men is an extremely complex phenomenon to understand. It has always been hidden, disguised, indirect, innumerous, severe, carefully conspired and going on for thousands of years. Above all, it’s carefully and forcibly unacknowledged. Today, it would be seen as ‘startling’ and ‘unbelievable’ at the best and outright ‘ridiculous’ and ‘scandalous’ at the worst to talk about man’s oppression. It’s not easy to see even the misery and pain of men, even when it is extreme. It is so well hidden not only from the world but from the man himself. It’s just not acknowledged. No place for it in the society. No value for a man’s tears. Tears are ‘feminine’. The mechanisms of man’s oppression are just as invisible as his tears. Once you are sensitised and you learn to look beyond what is ‘obvious’ and you slowly start witnessing it all. The first things that point to the size and nature of these invisible mechanisms are the extraordinary and intense pressures that the society (or rather a section of it) exerts to sustain or strengthen the mechanisms. The masculinity with which boys are born, is natural masculinity. This is given by nature. However, society has created a mechanism whereby it does not acknowledge this natural masculinity. It has instead created its own version, which we shall call ‘social masculinity’. Social masculinity is not naturally endowed, but has to be granted by society. Society does not accept a person as a ‘man’ unless he fulfils certain pre-conditions of roles or expectations of society, referred to as ‘male gender and sexual roles’, or ‘social masculinity roles. A person is not considered a man without social manhood. This social mechanism is designed to control male behaviour, especially male sexual behaviour. The result is silent severe oppression of men. 
    Some of the “Social Masculinity” Roles are: 1. Men don’t have any emotions. They should suppress their emotions and problems. 2. They are rough and tough and should NOT complain about women. 3. Men are expected to be physically tall, strong, and brave. 4. They are supposed to protect and provide women. 5. They are supposed to make sacrifices, even sacrificing their lives, to protect and provide women. 6. They are not supposed to have weaknesses or vulnerabilities. They must not show feelings as these would make them appear weak or vulnerable. 7. They should always be willing to fight their way and defend their families. They should not return from a fight. 8. They should not have any feelings. 
    The result is that men are far more prone to heart attacks and stroke. Their life expectancy is some 5-6 years less than women, worldwide. Similarly, the social construct of manhood makes them NOT to complain about women, even if their women are causing them grievious hurt! Women’s education is subsidised and a lot of support systems exist for them to open shop. While men are paying 82% of taxes in India and are denied any kind of support systems. Yet, it is men who are supposed to provide for women. Every year, 3 times more men commit suicide than women and yet there are no support systems or even laws to protect men. All this is happening in a society that claims to have dumped the earlier traditional roles and concepts of gender and has women working in all fields and having more constitutional rights than men! 
    It is high time that men are liberated from their traditional roles and their masculinity is redefined based in natural masculinity and NOT with the kind of contradictions stated above. Men have always been considered as disposable and have been taken for granted. 
    It is high time men understand that are NOT privileged and have been suppressed too! 

  14. Married woman can live with her lover? The Indian society seems to have committed a compete U-turn with regard to its core values associated with the institution of marriage and man-woman relationship. Marriage seems to be no longer a sacred institution nor is it sacred to live with one’s life partner. Least of all, the sacred bond between the husband and wife that we all Indians believe that lasts for 7 lives!! Individualism and freedom seems to have swept us off our feet!!
    Can a married woman lawfully live with her lover against the will of her husband? The Rajasthan High Court says “yes”. In a judgment that has messed up values and ethics related to the sacred institution of marriage, the Hon’ble court allowed a married woman, Manju, to live with her lover, Suresh. “It is improper to pass an order to hand over any unwilling married woman to her husband with whom she does not want to stay,” said justices GS Mishra and KC Sharma. The court also said that nobody should consider an adult woman as a consumer product.
    While dismissing a habeas corpus petition filed by Manju’s husband, the court came down hard on the misuse of habeas corpus petitions by people who want to thrust their will upon adult women without their consent. The court said the husband was free to approach the family court for divorce. 
    Commenting on the judgment, senior Supreme Court advocate and noted women’s rights activist Indira Jaising said, “Though it sounds strange, I am in complete agreement with the high court. At the end of the day an adult woman has a right to decide whom she wants to live with. She can’t be forced to go with her husband against her will,” Jaising said. 
    In this case, Jaising said, it is clear that the woman was prepared for divorce. She also felt that Manju’s husband had abused the habeas corpus petition because such petitions were generally filed when somebody is actually missing. Asked whether it amounted to adultery, Jaising clarified that the woman could not be prosecuted for this offence under the law. As for the other man, she said, “it seems he is ready to face that”. 
    This judgement has far-reaching consequences on Indian society. Nobody in his/ her right frame of mind would ever say that a woman or man is a consumer product. Nor would anybody say that the husband in question, in this particular case, had no rights at all over his wife who literally ran away to her lover. The questions that we, as a society need to ask is: 1. If a married woman can legally live with her lover, then, what is the institution of marriage for? 2. What are the rights of a husband in a marriage? 3. If a married woman can live with her lover, can the same be applicable to a married man? [Gender Equality]. 4. If a married woman lives with her lover, does that not amount to cheating and adultery? Should the woman not be punished for adultery? Why can’t a woman be punished for adultery??

  15. With the given petition, why not it is also demanded that Section 498b should also now be made applicable. We must stop missue of law but also we should press for our constituitional rights of equality with women

  16. I agree fully with the contention that 498B is needed. Moreover, the DV act should be made gender neutral.

  17. section 498a should be scrapped, as it irrevocably results in divorce. Now a days wife gives threatening to the husband to commit suicide and implicate his entire family u/s 498a and out of fear husband is compelled to the dictat of the wife and at times the husband deserts the wife and commits suicide to save his family from 498a. I strongly support the ammendment to section 498a. the woman organisation are not seriously interested in the welfare of the woman and act under ulterior motive and wife and her relative has made it a money minting business

  18. This stupid and baseless law should be removed or atleast relaxed because of thousands of innocent husbands and parents are suffering because of this. I am also a victim of this law. My father is in life and death condition because if this stupid and senseless law.

    How can such a power be given to anybody in the India where most of the times and most of the laws are misused here. This is the high time for India to change and remove such stupid laws. When women carve for equal independece whey they want such laws. In this era of modern society such stupid laws can be easily misused and are being misused and anbody fool in this world can understand and it if our bad that we are living such country where still government is not taking any measures to ammend such stupid laws

  19. Thanks for a good and bold approach from Rajya Sabha, But sorry to say our Women Organisations are the civil destroyer and contents of most foolish and greedy personnels.Let them barking and requesting to so called benevolent Ministers and erudite lawmakers to amend the LEGAL TERRORISM 498a ASAP to stop killing innocent people and stop ruined families otherwise in future no man will get marry.

    deep81_pal@indiatimes.com

  20. i am suffering from 498a file against me by my wife

    there is no signal of settlement from their side
    can i file divorce petition the case is going on for last 2 years

    //yes you can, for more details post it here http://advice.mynation.net

  21. There may be many cases of egoistic mental imbalance like that of Ratnesh Kumar Dutt Verma also a petitioner against this law (but all his concern is false as he is patient of egoistic mental imbalance ) Please see his truth but all are false.

  22. Hi guys my family is also suffering from this mental harrasment and legal terrorism. how can one claim for maintenance without proving any thing and how can such huge powers can be given to women.
    i cannot explain the mental torture that my family is facing right now. It happened with my brother and after all these proceedings he has lost his job and become mentally upset. Guys Stop leaving comments please help and conme forward to remove this shit. My mail is id and phone no is please come forward and fight against this injustice.

  23. I agree 498a definitly need amendments mention above. When is the Bill is expected to pass? I mean when it is expected the above mention clause would be applicable?

  24. All you guys out there who have commented about your sad stories of torture and torment, my heartfelt sympathy to you. But do you know something? Before you were struck with these feminist laws, you were supporting feminism and women’s rights. Perhaps, we need more laws like 498A to wake up men and society to the dangers of feminism and its evil designs. I am not supporting the torture that these laws have inflicted on you people. But I am pointing to the need to have the concept of MEN’S RIGHTS which is desperately lacking in all societies. 498A is just a symptom of the disease of male disposability. Our society feels that men are disposable. As simple as that. And it creates laws keeping in mind women alone. 498A is an example of that. Unless we attack the root of this problem, we cannot solve it. The root is the social attitudes towards men and feminism.  

  25. IPC 498A is the main reason for matrimonial disintegration in our society. This stupid act is as simillar as the notorious Rawlat Act, 1919. The Citizens will have to make a great movement aginst it and to protect the family integration as well as the social and also national integration.

  26. Mr.Jojo is nothing but an agent of one of 498A girls who only reacts but do not give solutions. Shame of you Jojo (you have definitely changed your name guru). Try to understand husband’s problem and mental condition. You are. I am sure, an agent of girl… Bulshit.

  27. I agree 498a definitly need amendments mention above. When is the Bill is expected to pass? I mean when it is expected the above mention clause would be applicable?This stupid and baseless law should be removed or atleast relaxed because of thousands of innocent husbands and parents are suffering because of this. I am also a victim of this law. My father is in life and death condition because if this stupid and senseless law.

    How can such a power be given to anybody in the India where most of the times and most of the laws are misused here. This is the high time for India to change and remove such stupid laws. When women carve for equal independece whey they want such laws. In this era of modern society such stupid laws can be easily misused and are being misused and anbody fool in this world can understand and it if our bad that we are living such country where still government is not taking any measures to ammend such stupid laws

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