Suggestions to government for amendment in section 498a of IPC
1. Role of Women NGOs: These organizations should investigate complaint properly without any bias towards the woman keeping in mind that the law is being misused largely to harass more women in husband’s family. They should not encourage any woman to file a criminal case against her in-laws for trivial matters.
Foreign Women Organizations should also take responsibility of not allowing false complaint to be registered against NRI’s just to harass and extort huge amount of money from them. These organizations should also conduct survey/research on the misuse of the act and should educate people about its consequences.
If these organizations are found to be assisting in filing false complaints, then they should be made liable for prosecution in the country where they are functioning.
2. Family Counseling Centers: Numerous cases of men being harassed by wife or/and in-laws have come to light from different parts of the country. As of now there is no organization, which can really help these harassed men and his family members, to listen their side of the story and put their point of view in front of the government. Need of the hour is to create family counseling centers across the country to help those aggrieved families.
3. Time bound Investigation and Trial : A speedy trial of 498(a) cases will not only ensure justice for the innocents that have been implicated in false charges, it will also lead to prompt redressal of the grievances of real dowry victims. The reduction in false cases will also reduce the burden on judiciary and expedite the processing of real cases.
4. Definition of Mental Cruelty: Mental cruelty has been vaguely defined in the act, which leaves scope of misuse. This should be clearly elaborated to remove loopholes in the law. There should be provision for men also to file a case for mental cruelty by his wife.
5. Investigation by Civil authorities: The investigation into these offences be carried out by civil authorities and only after his/her finding as to the commission of the offence, cognizance should be taken. The government should create awareness among officers about its misuse.
6. Bailable: The main reason of 498a being misused to harass innocent is its non-bailable nature. This section should be made bailable to prevent innocent old parents, pregnant sisters, and school going children from languishing in custody for weeks without any fault of them.
7. Compoundable: Once FIR has been registered it becomes impossible to withdraw the case even if wife realizes that she has done a blunder and wants to come back to her matrimonial home. To save institution of marriage this should be made compoundable. Moreover, in the scenario where the couple decides to end the marriage by mutual divorce, continuation of criminal proceedings hamper their life.
8. Arrest Warrants: Arrest warrant should be issued only against the main accused and only after cognizance has been taken. Husband family members should not be arrested.-
9. Penalty for making false accusation: Whenever any court comes to the conclusion that the allegations made regarding commission of offence under section 498a IPC are unfound, stringent action should be taken against persons making the allegations. This would discourage persons from coming to courts with unclean hands and ulterior motives. Criminal charges should be brought against all authorities that are collaborating with falsely accusing women and their parental families.
10. Court Proceedings: Physical appearance of the accused on hearing should be waved or kept low to avoid hassles in appearing to the court, especially for NRIs. The court should not ask to surrender passport of the husband and his family which could cost job of the husband and his family members.
11. Registration of Marriage and Gifts Exchanged : The registration of marriages should be made compulsory along with the requirement that the couple make a joint declaration regarding the gifts exchanged during marriage.
12. Punish Dowry Givers : If the complainant admits giving dowry in the complaint, the courts should take cognizance of the same and initiate proceedings against them under the relevant sections of the Dowry Prohibition Act
13. Penalize corrupt Investigation Officers : If it is apparent to the court that a fair investigation has not been conducted by the investigation officer, and that the husband and his family have been charge-sheeted without proper verification of the complaint, the investigation officer should be penalized for gross negligence of duty.
14. NRI Issues : Unless they are proven to be guilty after the due judicial process, NRIs should be a given a fair chance to justice by assuring them of the following –
a) Permission to return to country of employment
b) No impoundment/revocation of passport and no Interpol Red Corner Notices.
c) No unnecessary arrests
d) Expeditious investigation and trial
15. Gender Neutral: Everyone should have equal rights and responsibilities, irrespective of gender. In the current social context, there should be similar laws to protect harassed husband and his family members from unscrupulous wife.
|BANGALORE: The high court on Wednesday ordered notice to the state and central governments on a PIL relating to section 66A of the Information Technology Act.A division bench headed by acting Chief Justice K Sreedhar Rao ordered notices to social networking sites Facebook, Google, Microsoft and Twitter in response to the petition filed by law graduates Rohan Bhammar and Varun Nair.
The petitioners have claimed that offence under Section 66A of Information Techology Act, 2000, is a non-cognizable offence and that a designated police officer cannot arrest an accused upon receipt of a complaint.
The petitioners have sought for direction to frame rules under the IT Act laying down guidelines/procedures in terms of Section 200 of the Criminal Procedure Code (taking the complaint by way of a sworn statement of the complainant) after getting feedback from general public to deal with complaints of defamation or criminal intimidation via social networking sites or email.
The petitioners claimed that around 121 crore persons use social networking sites, majority of them youngsters, who could be subject to criminal trial for harmless private communication, affecting their right to freedom of speech and right to privacy.
The petitioners are also seeking to constitute a special committee to hold hearings on such complaints adding that police need a comprehensive training to deal with such cases. The petitioners have cited several recent incidents, including police arresting a person for commenting against the son of a Union minister.
Notice to UGC, AICTE
A division bench headed by acting Chief Justice K Sreedhar Rao has ordered notice to state and central government, the UGC, AICTE and VTU on a PIL seeking action against Indian Institute of Planning and Management (IIPM).
Former students of two-year MBA course of the institute said in their petition that IIPM has no legal clarity as an educational institution and the authorities should restrain them from conferring any degrees to any students. The petitioners also sought suitable compensation from IIPM for the loss of their valuable academic years at the Institute.
Lokayukta appointment process commences
The state government on Wednesday told the high court that process for appointing a new Lokayukta has commenced as per section 3 (2)(a) of Karnataka Lokayukta Act, 1984. Advocate general S Vijay Shankar placed a memo to this effect before the division bench headed by acting Chief Justice K Sreedhar Rao.
The bench took up the memo on record. The court also refused to set any time frame for appointment of Lokayukta. Advocate general strongly opposed the plea put forward by the petitioner for setting a time frame saying that the personalities involved are all constitutional functionaries.
Directive to LDA
A division bench headed by acting Chief Justice K Sreedhar Rao has asked the Lake Development Authority (LDA) to submit a technical report on the encroachment of Pantharapalya lake, off Mysore Road.
Several residents of the area filed a PIL complaining that the lake bed has been encroached upon. The court was informed that the lake bed area has shrunk to about one acre due to the encroachments and the proposal to build houses under Ashraya scheme will virtually finish off the lake.
Justice HN Nagamohan Das on Wednesday dismissed a criminal petition filed by S Muniraju, a BJP legislator, challenging proceedings against him before the special Lokayukta court. Muniraju, legislator from Dasarahalli constituency, had challenged the special Lokayukta court’s order in referring the complaint filed against him to the Lokayukta police for conducting investigation.
He has claimed that the matter pertaining to 1.15 acres of land in Kareguddadahalli was settled long ago and it relates to a period when he was not a legislator.
Notice to govt on plea against Pachau
The Central Administrative Tribunal, Bangalore bench, has ordered notice to the state and central governments on an application filed by BE Umapathy (DGP – research and restructuring, Dharwad) challenging the appointment of Lalrokhuma Pachau as DG& IG (HOPF).
The applicant claims that while selecting Pachau, the entire service records were not considered and it was restricted to past five year’s service. The case will be heard on February 28.
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10 to 30 days counseling is require in IPC 498a & Domestic Valance Case’s before lodging FIR, Its better way of reduce burden of judicatory