Sub: Urgently Review the Present IPC 498A and Make Same Gender Natural. 

Misuse of anti-dowry laws and other woman-protection laws has now become a well recognized problem in India. Increasing number of aged parents, sisters and children in the husband’s family are falsely accused and arrested under these inhumane laws, and find them defenseless against the harassment unleashed thereafter.  

Over the years, various responsible agencies including Indian Judiciary have stressed on the need for amending these atrocious laws. The World Health Organization identified misuse of IPC Section 498A as the prominent reason for elder abuse in India.

The Supreme Court of India has described the misuse of IPC Section 498A as ‘Legal Terrorism’, and stressed that the law must be amended in order to protect the innocent, and to ensure justice to the genuinely aggrieved. Rational and responsible citizens from all over the country and abroad have repeatedly warned that these laws in their present form are detrimental to family harmony, and left unchecked, these laws have enormous potential to shatter marital and family stability in years to come.  

While ordinary law-abiding men, along with women, senior citizens and children, are being summarily arrested and ruthlessly incarcerated on false charges of dowry harassment every day, the Government has not raised a finger yet.  Why is the Government not directing the law enforcement system to make proper inquiries before acting on complaints of dowry harassment filed on common citizens? Why are the repeated pleas for amending laws not being heard? Why are the young men and women of India forced to dissipate their energies and waste their most productive years in needless litigation? Why are so many senior citizens being traumatized during the last leg of their lives? Why is the Government sponsoring the destruction of families?  

Social impact of draconian legal provisions and their misuse

Discriminatory laws like IPC 498A and DV Act are harming men, women and children of India.

Due to lack of social support and legal protection many male victims of domestic abuse are taking their lives everyday. Recently, the increasing threat of false cases is also driving many married men to commit suicide.  False cases are severely hampering the personal and professional lives of the most productive section of the Indian population. Aspirations of young men and women are being crushed, and their most fruitful years are being wasted in litigation. Many men have lost their jobs or have had to quit their professions as a result of the never-ending legalized harassment. 

Parents are heart-broken to see their sons lose their youth, health, careers, all their earnings, and sometimes even their lives, as they are mercilessly tortured by their estranged wives, aided by the law enforcement system. Retired elders are, thus, being denied mental peace in their old age, resulting in deterioration of their health, and in many cases their premature demise. Falsely accused senior citizens have also ended their lives unable to endure the humiliation of being arrested and the trauma of fighting false cases.  

The so-called women-protection laws are also causing more harm than good to women. In every false complaint at least two women, a mother-in-law and a sister-in-law, are accused. Minor girls, pregnant women, married and unmarried sisters, ailing mothers and even aged grandmothers have been sent behind bars based on mere allegations, and subjected to long-drawn trials before being declared innocent. Many falsely charged, poor and illiterate women are languishing in prison every year. Due to an excess of false cases and the systemic corruption, genuine victims of domestic abuse are denied timely justice. 

Children are not being spared from the suffering either. In case of marital disputes children are being denied access to their fathers, causing great pain to the fathers and children. Children are also being arrested under false charges of dowry harassment, and imprisoned along with older family members. In other cases, children are being torn apart from their parents who are hauled away by the police in front of their eyes, causing indelible scars and fears in their young minds. Indians residing abroad are equally vulnerable to legalized harassment. Passports of falsely accused NRIs are being impounded. Several individuals who visited India are unable to return to their respective countries of residence, and several others continue to live abroad in fear, separated indefinitely from their loved ones in India. Interpol Red Corner Notices are being misused to force many overseas Indians to return to India.

Unreasonable and easily misused laws like IPC 498A and DV Act are creating a situation of fear and mutual distrust, and adversely affecting interpersonal relationships between men and women in the society. There is a fear psychosis among men who find it difficult to repose faith in women or marriage. Increasing number of women are being misled by false notions of liberation and empowerment, and being encouraged to shun family life.  

Due to misuse of laws like IPC 498A and DV Act numerous families have been broken beyond repair, and are suffering immeasurable economic hardship and emotional trauma. The country has already incurred a huge social cost in addition to the enormous financial burden imposed on the public exchequer. How does the Government propose to compensate individuals for their personal losses, and more importantly, how will it explain the squandering of tax payer money to sponsor its discriminatory politics? Victims of legal discrimination – the grim statistics The statistics on suicides in India tell the tale of harsh ground realities faced by men in Indian society. In the recent years, the number of suicides by males in every age group studied outnumbered the number of suicides by females in those respective age groups. 

Nearly twice as many married men committed suicide compared to married women in the years 2004 and 2005. Also, nearly twice as many men separated from their wives committed suicide compared to separated women in both years.  Men outnumbered women in every method of committing suicide, except by fire and self-immolation. Nearly nine times more men committed suicide by consuming excessive amounts of alcohol, or by machines. Nearly four times more men committed suicide by firearms, by jumping of trains and fast moving vehicles, or by self-electrocution. In almost every other category of suicide such as hanging, poisoning, or overdose of pills etc., suicides of men were nearly twice the rate of suicides of women. 

Overall, the total number of suicides by men nearly tripled between 1983 and 2005 (whereas during the same period female suicides only nearly doubled).  Incidentally, the draconian provisions of IPC 498A were introduced in the year 1983, and overwhelming evidence points to the increasing misuse of these provisions ever since.  

Every year, there is a rising number of cases fabricated by wives only to threaten, extort money from, and wreak revenge on husbands and their relatives, in case of marital discord. Between 1995 and 2005, the number of cases filed annually nearly doubled. According to data obtained from the Ministry of Home Affairs, in the year 2005 alone, 58,319 cases were registered under charges of cruelty by husband and relatives (IPC 498A), and resulted in the arrest of 1,27,560 individuals including 339 children, 28,579 women and 4,512 adults over the age of 60. However, the statistics reveal only a small part of the grim reality.

Under Section 498A, an individual is charged with a non-bailable, cognizable criminal offense, and is presumed guilty until proven innocent. The accused have to fight the highly corrupt state machinery at their own personal expense, all the while carrying the presumption of guilt on their heads.

Sometimes, they lose their employment. Often, they are forced to travel to a different city or state to fight their cases. Where would these falsely accused men and women gather the strength and the resources needed to fight the corruption and public prosecution effectively? If the accused are already indigent and cannot afford the best defense money can buy, their fate is sealed. They become mere statistics in the arsenal of the proponents of this draconian legislation. Against this backdrop, one has to examine the statistics of conviction. In 80% of the older cases that concluded in year 2005, the accused were found not guilty.

The same is true for the years 2003 and 2004 as well. Multiple sources indicate that, nearly 98% of all 498A cases result in acquittal of the accused. 

Despite the presumption of guilt and the overwhelming odds the accused is forced to face, the convictions are only a small percentage of the total cases filed.  Isn’t this is a clear indication of how frivolous the charges usually are and how widespread the abuse of the system is? 

Men crib, Govt to review domestic violence law

The current domestic violence act was drafted by lawyers whose expertise on 1st principle of law making and justice can be shown to be questionable. Some of their key members are unable to understand that words police , bail , jail , bonds have no place in a civil law. A law to jail, "tadipar" and fine can be provided only in accordance with a criminal matter that is in criminal laws .

The similar set of lawyers fail lto provide IPC or the civil law where in the men have any rights though they make a claim that problems faced by men can be taken care of .

The other problem is that a specious argument by similar set of lawyers is made that residence right previously not available is being made available . Nothing can be farther from the truth. Women and men both have same residence rights infact women have better rights then men . Both can rent or buy houses. ( women actually pay less property taxes in some states so it becomes clear that women had marginally superior rights ) . what has happened in the new laws that husbands and their families have been denied residential rights. It should be important that convicted murderer is not denied residence in his owned or rented residence .

Further they failed to understand the Indian society that it is the Husabnds family providing the residence to a women in more than 99% cases. Such type of law, where your own right to stay in your own residence refused, in long run will make the poor girls family life more miserable as very few people will be really interested to marry girl who does not own a own residence.

The right of retired persons to live peacefully in houses purchased out of their retirement funds is being sought to be made unavailable to it as per present Domestic Violence LAW.

The other curious problem which has started that even violent women are getting their way in the domestic violence cases as there have been distrubing judgements to that affect .

In addition to that as the law failed to describe what is "live-in-realtionship" with a strict time farme to claim the legal rights form each other like all other developed countries, creating a situaion where a job and right of a prostitutes and normal women made euall and there is no difference at all.

Another disturbing element is regards custody of children . It has upheld the traditional notion of women as children making machines. A husband or mother-in-law who has raised his children could go to Jail merely on account of taking care of children . That there are reports of such happening raises furthur cause for complaint.

Another disturbing elements have been arrests happening in DV law for non presence . Civil and marital law does not envision arrests or arrest warrants. ( the only arrest warrants should be for non compliance of orders not for non presence where in ex parte order may be granted).

There have been distrubing cases where in the petitioner file in DV act and suppressed the notice to ensure the humiliation of arrests and somehow bring in the police in the civil law. Even women staying outside India, like USA/UK/Dubai filling the Domestic violence Act just to harrase and extrote the money from the husabnds family in Indian court.

This law is cynically ignorant of the first principle of human rights , dignity, law and justice .

Supreme court Judges themselves have termed it as a badly drafted law.

While Judicary seems to have a taken a much more proactive stance in containing misue of DV laws compared to 498a and dowry law where in almost a free for all free reign has been given to misusers . The obvious misuse and abuse of familes cases in DV , 498a , CRPC125 and dowry are too numerous .

It would however be wrong on our part to fail to note the fact that judiciary has played a key role in bringing out the the fact of misuse and abuse of innocent families and yet as mentioned by Justice Arijit Pasayat and Justice Sema currently the law is such that they are forced to be a reluctant party to misuse.

It is also pertinant to note that according to the National Family Survey ( inspite of it using the now heavily criticised greenberg lake model rather then the more reliable conflict of Tactical scale model which is more relaible ) on domestic violence only 25% of the violence is caused by men and out of it a very small number is committed by husbands, while a full 75% of the violence is perpetrated by the women . The finding is not surprising since men tend to put the welfare of women over their own welfare. Indian men unlike Western counterparts look at it as lifelong committment and that is why this finding is not unsurprising . where as the blood male & female relative treat her as a burden to be passed on and hence they contribute to the violence against women more.

What is SIF ?

SIF group is loosley coupled conglomerate of many registered NGOs and independent Individuals on the ground . To name a few are

Bangalore :
Kutumb Rakashak Vedike ( KRV )
Save Indian Family foundation ( The most famous ) ( SIFF )
Save our mothers and Sisters. ( SOMS)

Delhi :
Save Family foundation ( SFF )

Kolkatta:
Bharat Bachao Sanstha ( BSS)

Mumbai :
Protect Indian Family ( PIF )

Hyderabad :
Sahana

Chennai :
Misuse Wanda ( no Misuse)

Jaipur :
Jaipur Sangyabalaya

Kerala:
Kerala Mens Right protection committee

USA :
Rakhsak
My Nation

SIF as group covers over 15000 people who have suffered misuse under various gender biased laws and gender biased implementation . SIF has intellectuals and members from all walk of life IIT , IIM ,all major engineering colleges, doctors , Psychatrists, Psyhcologists , retired Judges, Soldiers, high placed corporate members , People who have recived presidential certificates , who have fought for the nation, Entrepreneurs, Cab drivers , computer technicians , spread, accross 50 cities with helplines in numerous cities( last count 35 cities ) and all states except the North East , Bihar, Jharkand and chattisgarh .

The most key member of SIF is obviously Swarup Sarkar currently a Corporate Marketting Head who learned his marketing basics as Railway Hawker for 2 years.

To Tolerate abuse in the name of law is not acceptable.

What is SIF stand on the Review of the law:

The government has taken a decision to review the laws . It is a welcome move.
The government has decided to take the views of organisations speaking on behalf of abused families. This is also welcome .

However the current Domestic violence laws need to scrapped to be replaced by more reasonable laws a domestic harmony laws in consultation with a panel consisting of Retired judges. Such can be done in 6 months . Let us remove the lawyers from the equation and thier self interest. Let the Husband/wife say the truth in Family courts, instead of making twisted alligation against each other by the twisted advice oflawyers.

• Replace the word husband and wife with spouse .
• Replace the word men annd women with person.

Let us forget the Renuka Choudharie's intemperate remark in the heat of a moment like:

• "we will ask these husbands why they beat their wives " .
• " let the men to suffer"..etc

Let us not forget that Ravi Vyalavar or any of the other male ministers refused to do anything but Renuka has came forward beating the stiff opposition from womens organisations.

My earlier support for having more women parliamentarians is justified behond resonable dought. 

We have enough intelligent , thoughtfull, clearminded , sensible people in our team who have the expertise to investigate the the causes as to why a few husbands beat their wives but unfortunately she will have to supply these husbands case studies to us .We will have to use our evaluation to first find whether such occured or not and then do the root cause analysis.

Has SIF group of NGOs been invited ?

To the knowledge of any SIF member "No".

What procedures does SIF want the changes to the laws ?

This should not be a one time action . It should be continous consultation and participation. DV , 498a , CRPC 125 and Dowry are not the only laws. there are many other laws and social issues which are the issues for SIF. SIF would like a continuous consultation on the laws which impact them . One conference with lunch dinner and snacks cannot be the way . It has to be more involvement oriented.

There are host of other issues which are impacting the legal and social equality like joint custody , equal taxation , forced marriage on threat of rape case by jilted lovers, high suicde of men , fatherlessnesses , childless fathers, which needs Mens Welcfare ministery or commission to be formed .

Urgently Review the Present Domestic Violence Law and Make Same Gender Natural. 

PWDVA was not passed by our legislature with due consideration for human rights, prevention of abuse and protection of genuine victims of domestic abuse. There is no evidence that the Domestic violence faced by men is less than women. It is the hard fact that when women do the domestic violence against men, the same considered as Social Service and try to justify the same as women’s right, instead of considering the same as offence. If we go through the Men suicide stastics, specially after marriage, it is very clear that the men’s life are not less troublesome than women in India.

 It is also pertinent to note that according to the National Family Survey (inspite of it using the now heavily criticized Greenberg lake model rather then the more reliable conflict of Tactical scale model which is more reliable) on domestic violence only 25% of the violence is caused by men and out of it a very small number is committed by husbands, while a full 75% of the violence is perpetrated by the women. The finding is not surprising since men tend to put the welfare of women over their own welfare. Indian men unlike Western counterparts look at it as lifelong commitment and that is why this finding is not unsurprising. Where as the blood male & female relative treat her as a burden to be passed on and hence they contribute to the violence against women more.

Further it is totally wrong to assume and biased view that each and every suicide of a women due to men and all the suicide of men the same to be termed as social service by women , even when it is clear evidence that the women is responsible for the suicide of the men , still such women get Scot free . Our Study reports “Domestic Violence against Men” confirm the same beyond the reasonable dought (Enclosed for your reference). If we consider the definition of the Present DV act, like Verbal abuse, mental abuse, economical abuse, Physical abuse and sexual abuse, more than 98% Men also face the same at their Home.

The current domestic violence act was drafted by lawyers whose expertise on 1st principle of law making and justice can be shown to be questionable. Some of their key members are unable to understand that words police, bail, jail, bonds have no place in a civil law. A law to jail, "tadipar" and fine can be provided only in accordance with a criminal matter that is in criminal laws.The similar set of lawyers fail to provide IPC or the civil law where in the men have any rights though they make a claim that problems faced by men can be taken care of . The current Domestic violence laws need to scrap to be replaced by more reasonable laws a domestic harmony laws in consultation with a panel consisting of Retired judges. Such can be done in 6 months. Let us remove the lawyers from the equation and their self interest. Let the Husband/wife say the truth in Family courts, instead of making twisted allegation against each other by the twisted advice of lawyers.  This law is cynically ignorant of the first principle of human rights, dignity, law and justice.

The Protection of Women from Domestic Violence Act (DV Law), which evens the Hon’ble Supreme Court of India, has termed as clumsily drafted, has several provisions that are wrong and goes against the common sense and tramples the fundamental rights, such as equal protection under the law and the right to own property. This is to bring to your notice these wrongs and request a review for changes, or scraping of this Law to help the society.  Under section 17 of the DV Law, women can seek entry into any house, she ever lived in the past 10 years, whether she has any claim or right to it or not.

Under section 19 she can throw any man, who was in a domestic relationship with her, out of his own house.  This law is worded in a fashion that the house could be of senior citizens or retirees, a man’s friends or relatives, etc. Senior citizens work all their lives to save and live in a house of their own to live their golden years with dignity. This is an outright injustice to force to them to abandon their own homes.  This law offers unscrupulous women and their greedy relatives, the incentive to legally grab property and hold the owners to ransom or subject them to extortion. 

While Judiciary seems to have a taken a much more proactive stance in containing misuse of DV laws compared to 498a and dowry law where in almost a free for all free reign has been given to misuser . The obvious misuse and abuse of families cases in DV are too numerous. All the cases filed with only one intention to extort the money form the husband’s family, nothing else.

We, on behalf of Save Family Foundation, Delhi, write to you to expeditiously amend the lopsided PWDVA which was passed on the basis of assumption and biased view along with under tremendous pressure from a small minority of vocal and radical Groups elements of our country, who want that each and every home a litigation should start ( Promotion of Legal Terrorism) and a Huge money had been invested for that purpose, which is evident from their huge cry that why only  approx.10000 Domestic Violence case filed in one year, it evident that those groups work  like a Business Group who had invested huge money with the expectation the expected Profit  and Business Turnover  and for that they are desperate to ensure that there should not be any single home to be spared where Litigation not started.

Hence our sincere request to you to take immediate action, if we really want a Happy Family life in India and our Future Child will not spend their Child hood under Father Less Society:

• Replace the word “Husband and Wife” with “Spouse”.
• Replace the word “Men and Women” with “Person”.
• Government should make the provision for Shelter Home and other facility to the victim of Domestic Violence, as an interim relief.
• Establish the Family Court without Lawyers and the Domestic Disputes to be resolved in Family Court only.
• In case found the complainant had not come to file the case in Clean Hand and misused the LAW along with Judiciary / administrative authority, they should be punished and the fine amount should go to Government as revenue.
• Duplication/ multiple maintenance case to be stopped. This is total abuse of not only the natural Justice Systems and Duplication of LAW, this is the main motivation for filling false and fabricated case to extort the money from Husbands family.
• There should not be any direct Compensation to the Complainant, if the offence proved beyond reasonable dought the offender should be Punished or fined and in such fine amount should go to the Government Revenue only. The same should be used for the well fare of real victim of Domestic Violence as a collectively. There should not be any difference or discrimination of Rich or poor people and different facility. All should be treated as same standard.
• Those cases already 498A/Divorce/CRPC125 or any other cases had been filed and couple are not staying together and their case already pending in court , should not be allowed to file another DV case ( This is total Violation of Indian Constitution of article 20 , where a accused can’t be punished twice for the same offence)

·         WCD (Ministry of Women and Child Development) review committees consist of all women committees with radical and extreme views. We seek that representatives of NGO's like Save Family Foundation and their associates should be included in this committee. This is to ensure that there is balance and sanity in the review of the law.

·         Service providers in DV (Domestic Violence) LAW should be neutral persons and made accountable for their actions to ensure justice for the greater good of society. Restricting service providers to women’s group’s activists and organizations is like asking the wolf to guard the sheep. These groups are not above temptation to extortion, blackmail and corruption. Besides, who will monitor their actions and penalize them for abuses? Judges and officials should be neutral. They should be insulated from pressure and intimidation under the garb of gender sensitization.

It should be important that even a convicted murderer or terrorists are not denied their residence in his owned or rented residence. Further they failed to understand the Indian society that it is the Husbands family providing the residence to women in more than 99% cases. Such type of law, where your own right to stay in your own residence refused, in long run will make the poor girls family life more miserable as very few people will be really interested to marry girl who does not have a own residence.

The right of retired persons to live peacefully in houses purchased out of their retirement funds is being sought to be made unavailable to it as per present Domestic Violence LAW.

The other curious problem which has started that even violent women are getting their way in the domestic violence cases as there have been disturbing judgments to that affect . In addition to that as the law failed to describe what is "live-in-relationship" with a strict time frame to claim the legal rights form each other like all other developed countries, creating a situation where a job and right of a prostitutes and normal women made equal and there is no difference at all.

Another disturbing element is regards custody of children. It has upheld the traditional notion of women as children making machines. A husband or mother-in-law who has raised his children could go to Jail merely on account of taking care of children. That there are reports of such happening raises further cause for complaint.

Other disturbing elements have been arrests happening in DV law for non presence. Civil and marital law does not envision arrests or arrest warrants. (The only arrest warrants should be for non compliance of orders not for non presence where in ex prate order may be granted).

View Point: Domestic Violence Act lacks perspective By Zamir Uddin , Central Chronicle News.  “In short, the DVA-2005 in its enthusiastic thoughtlessness has throttled all avenues of reconciliation, has weakened the foundations of the institution of marriage, and vitiated conjugal life by developing a false sense of ego and a fictional helplessness among women. When it comes to man-woman relationship let us listen to the traditional but sane voice of John Milton, the English poet and moralist. Milton says that man represents reason and woman passion.  As long as reason dominates passion, there is cosmos, but the moment passion dominates reason, chaos ensues. Let us view marital life from this viewpoint for marriage is not a bed of roses but a domestic battlefield. Unless husband and wife bring immense goodwill and sacrifice to bear upon their marital fortunes, their situation is desperate. The DVA need to be replaced by some more benign, sensible, gender-neutral legislation that may ensure women their rightful, honorable place at home and abroad, at the same time not forgetting the rights of men.” 

We want a better Society for our Future Generation and Stop a Father less Child Society, which in turn not only will increase the crime in the society , it is evident from the various study that a father less child had been victim of child abuse at least 10 times more than a normal child.Gender Biased LAW should immediately to be made crime based instead of any assumption that all women never lie and all the men born as Criminal. "MEN/WOMEN" word to be replaced by word "PERSON" and word wife/husband to be replaced with the word "SPOUSE"With High Regards (Save Family Foundation)Encl: Study Report of “Domestic Violence against Men”

Further Reference: Read latest News at www.savefamily.org 

1. Acid attack to kill husband: Times News May27,2008
2. Woman throws acid on husband-Kolkata -Cities-The Times of India
3. NCW'S False/fabricated Claim exposed regarding 70% women denied maintance on alleged adultrity ground in CRPc125.  
4.  Domestic violence: Men are victims, too: Rediff news  
5. Spouse abuse: It's the husband's turn now: DNA News,September 20, 2007   
6.  Mid Day: Mujhe meri biwi se bachao by Anshuman
7. Men are being Harresed , says women pannel : Times of India front Page News  
8. Cheating wife found guilty of abusing law to frame man  
9. UNI News : Harassed men to celebrate first Barsi of Domestic Violence Act  
10.  Basic Foundation of Justice and LAW based on Assumption will lead more and more crime.
11. Why Indian Budget:2008-2009 Anti men and Anti Corporate ?
12.  498a and DV Act, A Forced Justification
13. A Selfish and in-Human Women exposed in Court.
14. Protest against "Legal Terrorism" on 19th January,2008 at Bangalore.  
15.  Police drag 92-yr-old to court, rapped-India-The Times of India 
16.  Men say wifes use Indias prowomen laws to torment them By Amrit Dhillon, Delhi  
17. New use of alimony; cheating the taxman- Hindustan Times
18. Prove home violence for relief: court DNA News
19. India needs effective laws to throw out Legal terrorism :by Merinews
20. Zindgi Live:IBN7:Guilty until proven innocent  
21. HC: Wife can't use failed marriage to harass in-laws
22. “Family against Women or 21st century Women against family?”
23.  MP HC: DV Act Cannot Be Filed Against Female Relatives
24.  View Point: Domestic Violence Act lacks perspective By Zamir Uddin , Central Chronicle News. 
25. Harassed Husbands : News By Sahara Time on Oct,5,2007
26. SC snubs Centre for domestic abuse Act DNA News.
27.  Men raise their voices against wives: News By Statesman , Oct1,2007  
28.  Have our Law Makers failed to save Families?