Date :
/September/ 2014
To,
SUBJECT: OPPOSING IPC 498A MADE COMPOUNDABLE, MAKE IT BAILABLE & MISUSE CLAUSE Respected Sir, Vaastav Foundation, part of 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. Vaastav Foundation, based in Mumbai also a non-profit, self-help, support group for misused Domestic Violence, Dowry Laws (IPC 498A) victims; and victims of other misused Gender biased Laws. Our aim is to avoid victimization of families by way of misuse of gender-biased laws. Last but not the least to instill a sense of value and to inspire bonds based on respect and love, in both the partners who forms the basic building block of a family and hence a Nation 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 affects the complete family and devastates them. Men & his family has been side lined since long, mothers, sisters, bhabhis and many other relatives are part of his family and all men are not criminals to pay for the crimes which they did not commit. The honorable courts take years to dispense a fair Justice which under current set of laws is biased towards women only. Men deserve a fair chance to live and contribute towards his nation which is not possible due to current situation wherein his precious 2-8 years are taken away in ligation or undue settlements. Men are Human beings too who need care, understanding and protection of Law 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.
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THIS WILL BE A DISASTER as: 1. There is NO data to support that making law compoundable decreases its 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 affects 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 charge sheet 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, it’s 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) 5. Make a National Commission of Men, to represent its needs and issues Requesting your immediate support and directions on the above listed requests. ____________ Thanking you, Yours faithfully
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The Draft of the letter is enclosed for the Print PLEASE PRINT BACK TO BACK ONLY - 3 COPIES The 3 Addresses are as under : 1). The Prime Minister - Narendra Modi - PMO 2). The Home Minister - Rajnath Singh - HMO 3). The Law Minister - Ravi Shankar Prasad - LMO Shri Narendra Modi, Hon’ble Prime Minister, Prime Minister’s Office, South Block, Raisina Hill, New Delhi - 110 011 Shri Rajnath Singh Home minister Ministry of Home Affairs North Block, Central Secretariat New Delhi - 110001 Shri Ravi Shankar Prasad Law Minister Ministry of Law & Justice 4rth floor, A wing Shastri Bhawan New Delhi - 110001 Along with the the said print of the Letter, you should write your Grievance/Issue/Problem that you have faced due to bad laws.
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