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Suresh Pitchaimuthu (NFHS)     07 July 2011

Strongly worded petition by NFHS to Law Commission, on 498A

07th July 2011 / Bangalore

To,

Chairman, Shri Justice P V Reddi
Law Commission of India,
The Indian Law Institute Building
(Opp. to Supreme Court), Bhagwandas Road, 

New Delhi - 110001

Subject: Strong protest by “National Family Harmony Society® on the recommendation of the Law Commission to make 498A IPC compoundable

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 16000 members all over India. To know more about us please visit www.family-harmony.org / www.498a.org.in.

There have been media reports recently which have indicated the intention of the Law Commission to make 498A IPC compoundable. This will further accelerate the breaking of families and give further encouragement to the greedy wives to file false cases.

A criminal case, and that too of the nature of an offence which deals with cruelty must not be compounded at any cost. If husband and his family members have done crime then they must be tried under the criminal justice system. If 498A IPC is allowed to be compounded then it will be mockery of the criminal justice system. In that case if any dispute arises between husband and wife due to whatever reason, 498A will be used to blackmail, threaten and for money extortion.

It is also surprising that before initiating discussion on such an important topic, Law commission has not given any News Paper advertisement as is done by Parliament Sub-Committees and our NGO came to know about the Law Commission initiative only by media articles.

Through media article, we also came to know that Law Commission has selectively invited suggestions from certain quarters. There are hundreds of NGOs like ours, who are working from many years to bring effective amendments to 498A IPC due to its heavy abuse and misuse. It seems none of the group or NGO has been invited for oral pleadings as is the common practice in law making/amendment process.

The heavy misuse and abuse of the 498A IPC is an open secret with hundreds of question being raised in parliament and hundreds of Judgment from Judiciary. We fail to understand that by making 498A IPC compoundable, how the misuse and abuse of 498A IPC will be prevented.

Thousands of families who had been falsely implicated by using this IPC section were hopeful and had great expectation that Law Commission will make some concrete suggestion to the government to stop the misuse of this Law. Thousands of husbands have committed suicide as they were falsely implicated in this Law but it seems that Law Commission is not able to see the agony, harassment and torture of these families.

Left with no other option, our NGO did protest by the way of “black flag” Dharna at Bangalore on 2nd of July which received wide media coverage and hundreds of calls/enquiries from various quarters. All the media coverage has been compiled at below location for your kind persual.

https://498amisuse.wordpress.com/2011/07/04/nfhs-press-coverage-flassh-dharna-against-law-commission-reccomendation-tp-make-498a-compoundable/

In response to the Law Commission’s earlier questionnaire, NFHS had sent following answer regarding question 8.

8)          Do you think that the offence should be made compoundable (with the permission of court)? Are there any particular reasons not to make it compoundable?

Once a complaint is registered then the complainant should not have the option to withdraw it. If the complainant is allowed to withdraw the complaint then it amounts to blackmailing. Anyone with intention to extract money from husband will file complaint in police station and withdraw later when her demands are met. 498A must not be allowed to be used as a blackmail tool. Hence we strongly oppose to make it compoundable.

 

In view of the above discussion and reasons we strongly mark our protest to make 498A IPC compoundable and we will use all democratic means of protest so that efforts can be made to stop the heavy misuse and abuse of the 498A IPC which has been termed as Legal Terror by the Supreme Court.

With profound respects, Jai Hind !!!

P Suresh, President, 9880141531                                                    

National Family Harmony Society



Learning

 11 Replies

Ravinder Kumar (Account Director)     07 July 2011

Thanks Suresh..

Adv. Chandrasekhar (Advocate)     08 July 2011

Strange, men's  rights activists as well as women's rights activists are saying the same thing - "498-A IPC shall not be compoundable."

sunil (Mgr-API division)     08 July 2011

IPC 498A and Domestic Violace Law are to play the terrified role to divested large no families and youth in india by ill intentions (or egoistic ) wife parents/relativie.

Need to change system.

 

 

Saurabh..V (Law Consultant)     08 July 2011

Govt. had committed fundamental mistake in understanding and appreciating the structure of cognizable & non-cognizable cases and bailable & non-bailable cases.

 

A case where any person claims that he/she was physically abused, such case should be cognizable and the magnitude of injury should determine if it is bailable or not. Whereas a case where a person claims he/she was mentally tortured, such case should be non-cognizable and bailable.

 

Nor S498A IPC define cruelity neither does the IPC. It is only interpretation by various High Courts and Supreme Court that "mental" aspect has brought in the ambit of "Cruelity". But the blunder was first to leave the words cruelity undefined and make the section cognizable & non-bailable and then the bigger blunder was to say that verbal comments were also cruelity. This position has made the situation worst. Though there were every genuine intention to bring the guilty to justice and relieve the suppressed class, but with changing times, people have developed intellect which allows misuse of such provisions.

 

There is dire need to bring various other sub-sections to this section so as to cover all the aspects as exhaustively as possible.

 

//peace

/Saurabh..V

Tajobsindia (Senior Partner )     08 July 2011

  

 

Originally posted by :Adv. Chandu 09868332610

"


Strange, men's  rights activists as well as women's rights activists are saying the same thing - "498-A IPC shall not be compoundable."

"

They (failed Feminists)  say so bze "it will be for them (failed Feminists) quick collection time for MCD bounty otherwise which empowered Feminist honestly prefer to wait 3 - 4 years for evidence to close in a S. 498a IPC then get fused hearing acquittal of HIM!"

 

 


(Guest)

@

Sorry sourab sir but What's wrong in considering "mental" aspect.

Mental pain is a grave injury which is more harmful than physical pain. "There is no fire without smoke"

If the men community is bathed in milk then there is no need of these laws and there should be harmonious relations between them. According to a survey conducted it was found that 4000 million women have to undergo forceful abortions each year. Forceful abortion is crime under MTPA ACT 1976, .Isn't it consider as mental pain.

zimmerzapper (student)     08 July 2011

Originally posted by :shally karloopia
"
@

Sorry sourab sir but What's wrong in considering "mental" aspect.

Mental pain is a grave injury which is more harmful than physical pain. "There is no fire without smoke"

If the men community is bathed in milk then there is no need of these laws and there should be harmonious relations between them. According to a survey conducted it was found that 4000 million women have to undergo forceful abortions each year. Forceful abortion is crime under MTPA ACT 1976, .Isn't it consider as mental pain.
"

you forgot to write who forced those women to abort. let me tell you it isn't always the men, women themselves also force women to abort because of same gender enmity

1 Like

Roshni B.. (For justice and dignity)     08 July 2011

agree with shelly

 

mental cruelty has a lifelong impact.

 

it injures and traumatises the victim completely.sometimes for life.

 

a person can forget a slap.but he cannot forget mental trauma,abusive words,name calling and so on...

 

also it's true that women like saas,jethani and all those nasty female creeps force the daughter inlaw to abort.if the daughter doesnt pay heed to their words,they instigate her husbandso that he pressurises her to listen to those creeps,in order to "respect" them.

 

aurat aurat ki dushman hai...no doubt about it.(In LCI itself,women show sympathy to the "other woman" and favour maintenance and other "rights" to her.This sympathy continues until they are hit by a k*** themselves.)

 

But in a family, ye aadmi kyu in aurato ke trap me aakar apni biwi ko sataate hai?

 

arent such men fools?

 

have you read even one single case in LCI where a man complains that his mum,bhabhi and all those stupid women of his family compel him to abuse his wife,or force her to abort or force her to leave the house?

Rohit Shukla (Engineer)     09 July 2011

Good One Zeeshan !

Roshni B.. (For justice and dignity)     09 July 2011

@rohit

 

we are not having a debating comepetition going on here,that "good one/bad one" needs to be said.

 

well,it's ur choice,if u want to boost your freind's spirits and give him a temporary joy.

 

wot zeeshan says is very true.i agree.

 

but we were discussing forceful abortions of "wives";not of mother inlaws and sister inlaws of these wives.

 

so this is how i brought one picture of society,where the husbands dont stand up for harassed wives,for the fear of getting branded as joru ka gulam,even if they stand up for her dignity & respect.

 

just as saurabh said in one of the threads today,a stronger and more powerful woman(however bad natured she may be) succeeds in suppressing a good natured yet weak woman.in some families a wife may be strong & bad natured,and in another a mum-inlaw may be so.

 

so let's stick to this topic of forceful abortions instead of making it a debating comepetition by diverting to another issue,where someone loses while the other one wins..

Roshni B.. (For justice and dignity)     10 July 2011

 

however,in most of indian families,a husband hardly supports his abused wife,but keeps forcing her to "adjust"(bow down to attrocities) of the female family members.this is my personal experience.this goes on until it becomes unbearable.

I have personally suffered healthwise owing to unbearable torture by mother inlaw and lack of protection from my husband.if any advocate had read my case briefs,he wud have been more than happy to fight it it,on account of barbaric torture i suffered that is unforgettable.

 

 

PS-I am not referring to your case zeeshan.you may be a genuine victim of biased laws.

but everyone has his own experiences.Hope you respect that..


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