Nyaayapriya (Advocate for justice) 29 November 2010

Please Act Now

Petition praying for amendments in Section 498A of IPC.

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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 petitioner in his petition has pointed out the extensive abuse and misuse of this provision of the Penal Code. According to the petitioner, the abused population undergoes tremendous harassment and torture. As these provisions of the penal code presently go, a complaint without much authenticity or any weight of evidence is enough to arrest the husband or the in-laws or anyone else named in the complaint, irrespective of whether any crime has taken place or not. The petitioner, accordingly, has prayed for suitable modification in section 498A of Penal Code so as to check its abuse and protect the interest of innocent persons.

2. 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.

3. The Committee has decided to undertake consultations with a wide cross-section of the society and invites written memoranda thereon. Those desirous of submitting memoranda to the Committee may send two copies (each in English and Hindi) thereof to Shri Rakesh Naithani, Joint Director, Rajya Sabha Secretariat, Parliament House Annexe, New Delhi – 110 001 (Tel: 011-23035433(O), 23794328 (Telefax) and E-mail: rsc2pet@sansad.nic.in) latest by 30th December, 2010.

4. Comments/suggestions, etc. submitted to the Committee would form part of its record and would be treated as confidential. Any violation in this regard may attract breach of privilege of the Committee.

5. Those who are willing to appear before the Committee besides submitting written comments/suggestions may indicate so. However, the Committee’s decision in this regard shall be final.

Source : Rajya Sabha Web-site - https://164.100.47.5/newcommittee/Petitions/Committee%20on%20Petitions/498%20IPC%20English.pdf

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Bhaskar for SOCIAL JUSTICE (Legal & Social Activist) 29 November 2010

There should be equilibrium in law and justice and its should not be gender biased.

Today women is claiming ,maintenance whether they have any real problem with their husband or not but they are claiming it as a matter of right and it becomes business now to earn easy money. Marry the rich person , do quarrel with them and then claim maintenance and alimony.

It is a jungle raj and way to become rich on others money.

If husband has duty to maintain her wife then wife has also duty to take care of him and give love and affection. So there should be no maintenance at all for wife's who are just trying to enrich them by using this ANDHA KANOON.

Certain suggestions to preserve families and to save them and for incorporation the petitions are as under:

 No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.

 No maintenance and alimony in the 2nd marriage if she has got it in the first divorce.

 No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.

 Compulsory mediation for avoiding long legal battle.

 Law should be such that both husband and wife try to reconcile .

 Law should not be favoring anyone to ensure that marriages are saved.

Domestic violence complaint / fir should be filed within 24 hours of alleged incidence in place of today's situation in which wife and her parents try to black mail the husband and his family to agree to their terms and if they do not agree then they file case even after many years.

DV Act must be applicable equally to men and women as today women is more aggressive and ill-treat, abuse, beat husbands and in-laws but the DV Act not applicable to them.It must cover wife's and their families to ensure equality and justice.

The most important thing is to fix time limit for completion of hearing and disposal of case in any court say 6 months only. The cases must be tried on fast track basis. The infrastructure of the legislative system should be strenght4ened and cases must be disposed off within 6 months.

For filing cases some minimum requirement of proofs etc. must be there and it should not be like this that for any small small issue anybody can go and file the case.

Specially for family matters pre-litigation mediation must be compulsory and the behavior/flexibility of each party in resolving the issue must be recorded and should be base of their case in future (if any).

Dowry law, Hindu Marriage law, Domestic violence Act etc. must be made equal for both husband and wife. Lacs of husband are seceding because of these biased laws.

All are requested to file the pettitions covering above points inadditions to other relevant points.

Thanks