OPPOSING IPC 498A MADE COMPOUNDABLE, MAKE IT BAILABLE & MISUSE CLAUSE

  • save family foundation |
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Date: 6th September 2014

To,

Shri Narendra Modi,

Hon’ble Prime Minister,

Prime Minister’s Office,

South Block, Raisina Hill,

New Delhi-110 011, Bharat.



SUBJECT: OPPOSING IPC 498A MADE COMPOUNDABLE, MAKE IT BAILABLE & MISUSE CLAUSE


Respected Sir,

Save Family Foundation is part of the Save Indian Family Movement which has been working on the social cause of promoting family and marital harmony since 2005. The movement is 40+ NGOs strong which are non-funded, non-profit and absolutely non-commercial.

The movement has helped over 20 crores Indians in past 10 years by providing community help to them. The movement focuses primarily on Men Suicide in India because of distress caused by Misuse of various Gender Based Laws. A disturbed Man or loss of a son/brother/father/husband effects the complete family and devastates them.

With this letter we wish to strongly object and oppose the proposal of making IPC 498A (a.k.a. Dowry Harassment Law) as compoundable. Instead, the ministry, if not scrapping the law, MUST make the law BAILABLE and introduce MISUSE CLAUSE in the Law itself.

IPC 498A & it’s misuse has just not troubled India but also Indian courts. Owing to this, various courts including the Hon’ble Supreme Court in Sushil Kumar Sharma vs. Union of India & others, including latest, Arnesh Kumar vs State of Bihar, has observed strong views on how this law is being used as a tool of extortion (as it is non-bailable) and called it’s misuse as “LEGAL TERRORISM”. Infact, CrPC 41A also has failed to stop illegal arrests in IPC 498A (NCRB data graph depicts it).

As per some latest developments, it is being said that Government is thinking of making the law Compoundable.


THIS WILL BE A DISASTER as:

1. There is NO data to support that making a law compoundable decreases it’s misuse. Infact, once the law was made compoundable in Andhra Pradesh, the misuse of the law year on year is increasing multifold.

2. The misuse of the law is ONLY because of it being used as a tool of extortion, under the threat of immediate arrest (cognizable). Form of compounding even today exists where cases which are compromised can be Quashed by Hon'ble High Court u/s CrPC 482.

3. During the process of taking public opinion on amending IPC 498A, various Legal experts and public expressed strongly to make this law as BAILABLE and to introduce MISUSE CLAUSE in the law itself.


Opinion of State can NOT override public opinion about a Law which effects only the public directly.

4. In 2011, the Rajya Sabha’s Committee on Petitions in its 140th Report on Amendments in IPC 498A observed that in case the gross misuse continues, IPC 498A should be made bailable and also that the misuse clause should be in the Section itself.

5. Backed by NCRB data, which shows that close to 98% cases of the total complaints are not found worthy of conviction or that of a chargesheet too, the government should live up to its commitment to make this Section bailable and to introduce the penalty clause in this law.

6. Misuse of IPC 498A has been a major reason for suicides of Husband in India. Of about 1 lakh male suicide in India, 65% of suicides are done by Husband and Family issues (and not financial issues), are the reason for maximum suicides. Latest World Health Organization (WHO) report has hence made India as “Suicide Capital of the World”.

Owing to all these facts, its high time that the Government takes following steps:

1. Make IPC 498A Bailable (All India)

2. Introduce EQUAL JAIL TERM Misuse clause in the Law itself

3. Work towards making this law Gender Neutral or to scrap it

4. Keep IPC 498A non-compoundable (CrPC 482 in Hon’ble HC/SC takes care of Quashing)


Requesting your immediate support and directions on the above listed requests.


Thanking you,

Yours faithfully,

Swarup Sarkar

Wasif Ali

Amit Lakhani

Ritwik Bisaria

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Comment(s): 4:

  • on 08 September, 2014 03:54:45 AM
    Must be BAILABLE, NON-COGNIZABLE, NON COMPOUNDABLE,IMMEDIATE PUNISHMENT MUST BE ENSURED U/S 211 OF IPC FOR FALSE CASE FILER.
  • on 28 October, 2014 05:40:42 AM
    sir , i and my family is very suffered due to a false dowry case against my younger brother in ajmer rajasthan.
    middleman of marriage and relative of girl also give written statement in favour of boy and boy family. police already done two time investigation. and nothing found and do cgallan of my younger brother in 498a only. girl are demanding money otherwise complain and complain again and again. now third investigation in under process, then fourth investigation. police inform us and we go to ajmer from sonepat and done hotel , travelling. fooding expenses and come back. pls help us, what we do?satish 09215613680
  • on 08 April, 2016 08:54:47 AM
    498 A is necessarily a biased , unscrupulous and dirty law which must be scraped due to its destructive nature and it has served no purpose till date except helping the criminal minded people , police and corrupt govt machinery which delivers injustice rather than delivering the justice. It has destroyed our culture and marriage like pious institutions. Instead of having such cruel and unjust laws it is better to have no law.
  • on 16 January, 2017 04:00:35 AM
    Respected All Noble soul,

    please spare men who are Suffering and dying silently due to the section 498 A..along with their aged parents.