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Now the Ministry of Home Affairs has written to all state governments, advising them that arrest for an alleged offence under Section 498A should be the “last resort,” not the first step.
In a communication sent to the Chief Secretaries and DGPs of all states and the Administrations of the Union Territories on October 13, the MHA has cited misuse of the clause.
“In some cases, every member of the husband’s family has been arrested, irrespective of whether they had a role in inflicting cruelty on the married woman or not. In some cases, the provisions have been used to settle personal scores. Cases have been reported where momentary anger has resulted in invocation of Section 498A, which resulted in the arrest of the members of the family shutting down any possibility of reconciliation in future and total collapse of the marriage. Even where there is a divorce proceeding, the case under Section 498A continues to persist because of the offence being non-compoundable,” the letter says.
Section 498A, incorporated in the IPC in 1983, provides for adequate punishment for any cruelty inflicted on a married woman by her husband and his relatives. The maximum punishment under the Section is three years and/or fine.
The MHA letter, incidentally, says that in light of judicial pronouncements, an attempt was made earlier to find a via media by amending Section 498A to make the offence compoundable. “However, this could not be pursued because of the opposition from women organisations,” the letter says.
Incidentally, in its judgment in Savitri Devi vs Ramesh Chand and others in 2002, the Delhi High Court observed: “...the misuse of the provisions of Section 498A...is hitting at the very foundation of marriage itself and has proved to be not so good for the health of the society at large.”
This was echoed by the Supreme Court in Sushil Kumar Sharma versus Union of India and Others. “The object of Section 498A is to prevent dowry menace. But...many instances have come to light where the complaints are not bonafide and...filed with oblique motive. It may become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with.”
In 2003, the Justice Malimath Committee, submitted a report to the MHA on reforms in the Criminal Justice System, recommended that the Section be made bailable and compoundable to give a chance to the spouses to come together.
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if congress not think about Indian peoples. no body give votes to congress next time this is very shameless to congress. MHA saying "women organisations are not allowing" what is the rubbish answer.
If a child wants something not good for him, will the parents concede? Similarly, women organizations' shallow, immature demands cannot be applied to women's own detriment. As the news item indicates, these laws have destroyed many homes for no good reason. It is high time that these senseless draconian laws are revoked.
498A= Legal Extortion and Terrorism unleashed by a bevy of corrupt police, lawyers, judges and feminist terror organisations that spread terror though familes and ultimately break them apart. This can not continue!
By saying "women organisations are not allowing" to ammend the LAWS MHA has tarnished the glory of democracy and the Parliament. Laws are not made by any organisation be it women's or men's. If Parliament recognise the flaws it does not have the power to repeal the laws why are they clinging on to their own chairs? Pink chaddi pahano oru tabha ho jao SHAME ON YOU, CONGRESS!!!!
these ppl like NCW, Girija Vyas, Brinda Karat, look at their families, how many daughters does renuka chaudhry have, how many divorced their husbands? it is clear these terrorists in legal uniform are a threat to any innocent male. right now i see suicides by males. the flip side could be they could start taking law into their own hands like the tribals in FATA. there wont be enough space for all these corrupt judges, lawyers to hide on gravy train for that train could make them stcik long enough to get a hole in the head, yeah the middle finger for 498a and its supporters!
These ppl like NCW, Girija Vyas, Brinda and other women corrupt politicians who support the misuse of 49Aand Dv act are to be called domestic and educated terrosists. There will be a day when they all will be hunged in public. I wish we have Talibans who will handle only such cases.
Now that an advisory has been circulated - it would be interesting if the MHA can monitor the progress of their advisories. Wonder if they are at all serious about it. Time will tell what their intentions are and whom they are trying to appease. Will it be cruel joke or a cruel joke by the MHA 6 months from now.
Stopping illegal arrests in 498a cases! Does anyone ever believe it is going to happen? There are too many parasitic vested interests sucking the blood of innocent civilians. Would these leeches ever give up the gravy train of 498a? Easy money everywhere - bail applications, kickbacks to corrupt judges, colluding and corrupt lawyers sucking money from both sides, easy tools of extortion for the disgruntled women and their families and so on! But at whose expense all this pyramid scheme is built? - The hapless male for the simple crime of marrying an unscrupulous termagant! How the hell do you expect a simple, single civilian to fight this monstrosity? No wonder the suicide numbers of males are skyrocketing. Shame on the Government for dropping the crpc 41 amendments. These emperors in MHA have no clothes. They think no one noticed that they caved into the pressure of the unethical lawyer lobby. SHAME on MHA!
This is a total hogwash by the MHA .The MHA has sent this letter and will now quietly enforcing the CrPC amendments without even the 41A amendments in themThe MHA letter to the state governments will not change the law in any way and it is just "advise" and guidelines for arrest and we have had guidelines on arrest for decades and nobody follows them . We do not need reaffirmation of arrest guidelines any more , we need change in the arrest laws period through section 41A of CrPC.We do not want the MHA lollipop we need the real deal and hence we SHOULD WRITEthe letters since they specifically target the MHA's desicion to remove 41Aamendments from the CrPC even after the law commission assented to it .We are demanding that section 41A amendments must be there no mater whats thecase . 41A explicitly will "By Law" stop the arrests and we will accept nothingless than that no matter what
Aristotle had said "A female of a species is more dangerous thanthe male" how right he was and it took 60 years for our legal faternity to recognize this
This is the good move but it could be better if the Family laws itself are changed. There are many loopholes in marital laws which needs to be uniformised. The divorce should be made easy, shared child custody should be given priority, alimony laws should be introduced linking to the length of marriage, thereby making the fairer family laws. Also Gender biased laws should be removed and all the persons should be protected.This laws should be changed according to the time and should be revised every 3 years to see for the misuse. Moreover, the lengthy cases should be shortened. If one of the parties does not want to live with other partner then the government should not be cruel to force them to stay with other person. This is cruelty.
Govt must first amend the stupid laws like 498a, DV etc, which it has created. If the govt is sincere, it should remove Sec 41A of CrPC first. Currently police has lots of powers which it misuses against honest citizens. The current laws are for corrupt people with connections and money. Very few Indians realize that poor laws and procedures is one of the most important problem of the country. God save such a country.
Not remove section 41A , but implement it in CrPC amendments . The 41A amendments actually prevents police from arresting without issuing an notice .
Govt of India has done an appreciable move. But need to formulate a law to punish the P W 1 who files a false 498a. This can help to make sure that at least 50 percent cases that is registered is genuine and having some substance. Also government should amend the IPC 498a by removing gender biasing by substituting the word "SPUOSE" in place of "WIFE" or "HUSBAND". I'm sure that the NCW can really appreciate this move since its again done for GENDER EQUALITY which is a basic right given by the CONSTITUTION OF INDIA to all citizen. May this government make the males in India be pround of being an Indian citizen
498a has been misused from day 1. I wish all members of NCW should understand that they can also fall in the wrong cluches of this law, afterall they all will have children and what if their daughter in law falsely frame as has been observed in most of the cases. Bhagwan ke yaha der hai andher nahi, the lady minister and the panel who favoured such gender biased law should face trial in same case by their daughter in law. Then they will realize the blunder thay have made by introducing such irrelevent laws.
In the countries where law and order has some meaning or sense - the general rule is that those who abuse the law or bring in false litigation and lie in a court of law are serverly punished for perverting the course of justice.Unless you that in India such perversion of justice will continue.
Government should scrap such draconian laws, and Judges should show some guts to take actions against such wifes who put husband and his entier family behind the bars justto score her personal things. This move by govenment is surely a tight slap on NCW and supporting organisations.
Sec 41a was specially enacted in CrPC Amendments so that it becomes a Law. Unfortunately/Intentionally it is yet to be implemented as some lawyers would loose Bail money in non required arrests as once a *issue of notice* is done, no one would get arrested and lawyers would loose money. The police, errant judges and some femenist NGO like NCW all are hand-in-gloves. The police should be immediately suspended and put behind bars if illegal arrest is made.
This is indded good news,many innocent families will be saved!! but Section 41 of CRPC amendments should be implemented immediately!!!
thanks to MINISTRY OF HOME AFFAIRS atleast someone understood the after effects of 498a because still it was harmful for women only on both sides.And thats exactly right BAN THIS PATHETIC NCW
Sec 41a was specially enacted in CrPC Amendments so that it becomes a Law. Unfortunately/Intentionally it is yet to be implemented as some lawyers would loose Bail money in non required arrests as once a *issue of notice* is done, no one would get arrested and lawyers would loose money. The police, errant judges and some unsocia element are all hand-in-gloves. The police should be immediately suspended and put behind bars if illegal arrest is made.
Government caved into the pressure of lawyer lobby, aptly called as "goons in the black", and quietly dropped the all too important crpc 41 amendments, preventing illegal arrests. Joginder Kumar vs State of UP is already the law of the land. It is an affirmation of the constitutional protections afforded in any democratic society worth its salt. All the arrests that have taken place and are taking place in 498a cases are ALL in direct contravention of this judgment and all those responsible for these arrests are in direct contempt of the Supreme Court orders. But who cares? The corruption in our society has become deeply entrenched. The rot has seeped into every institution. People have become defenseless against this subversion of values and rule of law. What a shame! 123000 innocent, law abiding women were arrested in the last four years under 498a. Corrupt lawyers, police and judiciary are the beneficiaries of this racket. It is time this is STOPPED.
Such stupid law should be scraped, where such a loop hole is there, when even a 3 years old chalid can be arrested and court record evidence more than 98% cases filed only to extrotion of money , nothing else and all laywers, police and court staff do the coroptions. In the IPC more than 500 LAW is there and for genuinue case , the same can be dealt , but our law makers never understand that and incresing the suffering of innocent men/women/child and age old parents.
this website help me so much,so keeping in touch with us sir
wake up men of India and fight to Ban NCW