140-A5 Committee on Petition _English - Rajya Sabha Secretariat ...
140-A5 Committee on Petition _English - Rajya Sabha Secretariat ...
140-A5 Committee on Petition _English - Rajya Sabha Secretariat ...
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C.S.II. - <str<strong>on</strong>g>140</str<strong>on</strong>g>RAJYA SABHACOMMITTEE ON PETITIONSHUNDRED AND FORTIETH REPORTONPETITION PRAYING FOR AMENDMENTS IN SECTION 498AOF INDIAN PENAL CODE, 1860(Presented <strong>on</strong> the 7th September, 2011)RAJYA SABHA SECRETARIATNEW DELHISeptember, 2011
CONTENTSPAGES1. COMPOSITION OF THE COMMITTEE ........................................... (i)2. INTRODUCTION .................................................................... (iii)-(iv)3. REPORT ............................................................................. 1-394. MINUTE OF DISSENT BY SHRI P. RAJEEVE, MP AND MEMBER OFTHE COMMITTEE .............................................................40-425. APPENDICESI. Petiti<strong>on</strong> praying for amendments in Secti<strong>on</strong> 498Aof Indian Penal Code, 1860. ......................................... 43-50II.Comments <strong>on</strong> the petiti<strong>on</strong> received from Ministryof Home Affairs .......................................................... 51-59III.Comments <strong>on</strong> the petiti<strong>on</strong> received from Ministryof Women and Child Development ................................ 60-73IV. Minutes of the meetings of the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> ..................... 75-1046. ANNEXUREI. List of organizati<strong>on</strong>s/individuals appeared beforethe <str<strong>on</strong>g>Committee</str<strong>on</strong>g> ............................................................ 105-107
COMPOSITION OF THE COMMITTEE(2010-11)1. Shri Bhagat Singh Koshyari –– Chairman2. Shri Ram Vilas Paswan3. Shri Nandi Yellaiah**4. Shri Rajeev Shukla5. Shri Avinash Pande6. Shri Balavant alias Bal Apte*7. Shri P. Rajeeve8. Shri Veer Pal Singh Yadav9. Shri Paul Manoj Pandian10. Shri RajaramMEMBERSSECRETARIAT1. Shri Deepak Goyal, Joint Secretary2. Shri Rakesh Naithani, Joint Director3. Shri Ashok K. Sahoo, Deputy Director4. Shri Goutam Kumar, Assistant Director
INTRODUCTIONI, the Chairman of the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> <strong>on</strong> Petiti<strong>on</strong>s, having been authorised bythe <str<strong>on</strong>g>Committee</str<strong>on</strong>g> to submit the Report <strong>on</strong> its behalf, do hereby present this Hundredand Fortieth Report of the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> <strong>on</strong> the petiti<strong>on</strong> signed by Dr. AnupamaSingh, a resident of New Delhi praying for amendments in Secti<strong>on</strong> 498A of IndianPenal Code, 1860.2. The petiti<strong>on</strong> was admitted by H<strong>on</strong>’ble Chairman, <strong>Rajya</strong> <strong>Sabha</strong> <strong>on</strong> 11thNovember, 2010 under the provisi<strong>on</strong>s of Chapter X of the Rules of Procedure andC<strong>on</strong>duct of Business in the Council of States. In accordance with Rule 145 ibid,the petiti<strong>on</strong> was reported to the Council <strong>on</strong> 15th November, 2010 by Secretary-General after which it stood referred to the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> <strong>on</strong> Petiti<strong>on</strong>s forexaminati<strong>on</strong> and report, in terms of Rule 150 ibid.3. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> issued a Press communiqué inviting suggesti<strong>on</strong>s frominterested individuals/organizati<strong>on</strong>s <strong>on</strong> the subject matter of the petiti<strong>on</strong>. Inresp<strong>on</strong>se thereto, more than two thousand memoranda were received by the<strong>Secretariat</strong>. The <strong>Secretariat</strong> scrutinised those memoranda and a gist thereof hasbeen suitably incorporated in the Report.4. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> heard the petiti<strong>on</strong>er and others <strong>on</strong> the petiti<strong>on</strong> in its sittingheld <strong>on</strong> 29th November, 2010. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> heard the Home Secretary in itssitting held <strong>on</strong> 17th February, 2011. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> also heard certainorganizati<strong>on</strong>s/ individuals, who had submitted their memoranda <strong>on</strong> the issuesraised in the petiti<strong>on</strong> in its sittings held <strong>on</strong> 3rd and 29th June, 2011. On 25th July,2011, the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> recorded the views of representatives of Nati<strong>on</strong>alCommissi<strong>on</strong> for Women and Nati<strong>on</strong>al Commissi<strong>on</strong> for Protecti<strong>on</strong> of Child Rights<strong>on</strong> the petiti<strong>on</strong>. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> heard the Secretary, Ministry of Women andChild Development <strong>on</strong> 1st August, 2011.4.1 The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> in its sitting held <strong>on</strong> 30th August, 2011 took up forc<strong>on</strong>siderati<strong>on</strong> the draft Report. The amendments proposed by Shri P. Rajeeve,Member of the <str<strong>on</strong>g>Committee</str<strong>on</strong>g>, to certain paras of the draft Report were c<strong>on</strong>sideredbut could not be agreed to. At that stage, the said Member observed that hiscomments/amendments may be treated as ‘Minute of Dissent’ and appended to theReport. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> agreed to the request of the Member. Thereafter, the<str<strong>on</strong>g>Committee</str<strong>on</strong>g> adopted the draft Report.
5. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> while formulating its observati<strong>on</strong>s/recommendati<strong>on</strong>s, hasrelied <strong>on</strong> the written comments of the c<strong>on</strong>cerned Ministries, Nati<strong>on</strong>al Commissi<strong>on</strong>for Women and Nati<strong>on</strong>al Commissi<strong>on</strong> for Protecti<strong>on</strong> of Child Rights, oralevidence of witnesses–official as well as n<strong>on</strong>-official, feedback received inresp<strong>on</strong>se to the Press Release, observati<strong>on</strong>s of the Members of the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> andinteracti<strong>on</strong> with others.6. For facility of reference and c<strong>on</strong>venience, the observati<strong>on</strong>s andrecommendati<strong>on</strong>s of the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> have been printed in bold letters in theReport.NEW DELHI;August 30, 2011.Bhadrapad, 1933 (Saka)BHAGAT SINGH KOSHYARIChairman,<str<strong>on</strong>g>Committee</str<strong>on</strong>g> <strong>on</strong> Petiti<strong>on</strong>s.
REPORTThe petiti<strong>on</strong>er, Dr. Anupama Singh, a resident of New Delhi has submitteda petiti<strong>on</strong> dated 7th July, 2008 seeking amendments in Secti<strong>on</strong> 498A of the IndianPenal Code (IPC), 1860 (Appendix-I)1.1 The petiti<strong>on</strong>er has submitted that Secti<strong>on</strong> 498A, IPC, which was inserted inIndian Penal Code, 1860 way back in 1983 to protect married women from dowryharassment in their matrim<strong>on</strong>ial home, has been grossly abused and misused by alarge secti<strong>on</strong> of unscrupulous people for their ulterior motives. She has cited thefollowing types of misuse:-(i)(ii)to alienate husband from his parents so as to gain c<strong>on</strong>trol over hisfinance and social behaviour including his lifestyle;to save her marriage when c<strong>on</strong>cealment of true facts about bride’smental health and educati<strong>on</strong>al level are unearthed by the groom andhis family;(iii) as a bargaining tool by those women who indulge in adultery;(iv) to seek divorce in order to revive any pre-marital relati<strong>on</strong>ship whichwife may have had and unwillingly given her c<strong>on</strong>sent for marriage inorder to satisfy her parents;(v)to deny custody of child/children to the father and his family in caseof marital discord at the time of pending of divorce petiti<strong>on</strong>; and(vi) to inflict suffering <strong>on</strong> husband and his family to settle the scores andto take vengeance.1.2 The law, as it appears, is cognizable, n<strong>on</strong>-bailable and n<strong>on</strong>-compoundableand thus gives power to the Investigating Officers in police stati<strong>on</strong>s to arrest thehusband and his relatives whose names are menti<strong>on</strong>ed in the First Informati<strong>on</strong>Report (FIR) by the woman or her family under Secti<strong>on</strong> 498A.1.3 She has cited low c<strong>on</strong>victi<strong>on</strong> rate of cases filed under Secti<strong>on</strong> 498A tobuttress her c<strong>on</strong>tenti<strong>on</strong> about its misuse. In support of her c<strong>on</strong>tenti<strong>on</strong>, she has alsocited observati<strong>on</strong>s of Apex Court, Reports of Justice Malimath <str<strong>on</strong>g>Committee</str<strong>on</strong>g> andOne Hundred and Eleventh Report of Department-related Parliamentary Standing
<str<strong>on</strong>g>Committee</str<strong>on</strong>g> <strong>on</strong> Home Affairs wherein suitable amendment to the Secti<strong>on</strong> has alsobeen proposed. She has also c<strong>on</strong>tended that pers<strong>on</strong>s arrested under Secti<strong>on</strong> 498A<strong>on</strong> the basis of false accusati<strong>on</strong> might have been acquitted by the court of law butthey have to live rest of their lives with the stigma attached to them due to arrestby the police. In order to safeguard the interest of innocent pers<strong>on</strong>s which includeelderly citizens, pregnant women, children from false accusati<strong>on</strong> under Secti<strong>on</strong>498A, the petiti<strong>on</strong>er has prayed the following :-(i)(ii)Secti<strong>on</strong> 498A be suitably amended so as to make it bailable, n<strong>on</strong>cognizableand compoundable;Suitable provisi<strong>on</strong>s be specifically inserted in Secti<strong>on</strong> 498A so as tomake it punishable for whosoever misuses or abuses it;(iii) Compensati<strong>on</strong> of financial loss suffered by the pers<strong>on</strong>s falselyimplicated;(iv) Law be made gender neutral to protect the interests of the innocent;and(v)Six m<strong>on</strong>ths time bound trial, should be made a statutory requirementunder this law for quick disposal of cases.2. The Ministry of Home Affairs, which is the nodal Ministry for criminal lawand criminal procedure, in their initial comments dated 1st January, 2009 havementi<strong>on</strong>ed that cases registered under Secti<strong>on</strong> 498A of IPC relating to cruelty byhusband and his relatives have increased during the year 2004-06 as per Nati<strong>on</strong>alCrime Record Bureau (NCRB) data, i.e., 58121 (2004), 58319 (2005), 63128(2006). The Criminal Law (Amendment) Bill, 2003, which inter alia included aproposal to amend Secti<strong>on</strong> 320 of CrPC to enable compounding offence underSecti<strong>on</strong> 498A of IPC, was deleted from the Bill due to intense pressure by variouswoman organizati<strong>on</strong>s. The Ministry of Women and Child Development were als<strong>on</strong>ot in favour of diluting the provisi<strong>on</strong>s of Secti<strong>on</strong> 498A. The Ministry of HomeAffairs has also sought data regarding misuse of Secti<strong>on</strong> 498A from all the StateGovernments/Uni<strong>on</strong> Territory Administrati<strong>on</strong>s. That Ministry in their subsequentcommunicati<strong>on</strong>s dated 28th December, 2010 have menti<strong>on</strong>ed that representati<strong>on</strong>shave been received c<strong>on</strong>taining suggesti<strong>on</strong>s of various organizati<strong>on</strong>s andindividuals for amendment to Secti<strong>on</strong> 498A in view of its gross abuse and misuse
thereby causing harassment to innocent relatives of the husband. C<strong>on</strong>sidering theobservati<strong>on</strong>s of Supreme Court, various High Courts and Justice Malimath<str<strong>on</strong>g>Committee</str<strong>on</strong>g> Report for remedial measures to reduce misuse of the Secti<strong>on</strong>, thatMinistry have also issued advisories to Chief Secretaries of StateGovernments/Uni<strong>on</strong> Territory Administrati<strong>on</strong>s <strong>on</strong> 20th October, 2009 for takingeffective measures for preventi<strong>on</strong> of misuse of 498A in the light ofdirecti<strong>on</strong>s/orders issued by courts regarding its misuse. That Ministry have alsoreferred the matter to the Law Commissi<strong>on</strong> of India to study the usage of Secti<strong>on</strong>498A, IPC and to suggest amendments, if any, to the problem. At that time,comments of Governments of Arunachal Pradesh, Assam, Chhattisgarh, Gujarat,Goa, Haryana, Jharkhand, Karnataka, Madhya Pradesh, Meghalaya, Mizoram,Nagaland, Punjab, Rajasthan, Sikkim, Tripura, Uttar Pradesh, Andaman &Nicobar Islands, Uni<strong>on</strong> Territory of Delhi, Chandigarh, Daman & Diu, Dadra &Nagar Haveli and Lakshadweep were received by them and most of theStates/UTs were in favour of making the offence compoundable.2.1 The Ministry of Women and Child Development in their initialcommunicati<strong>on</strong> dated 25th June, 2009 have referred to the judgment of SupremeCourt in D.K. Basu vs. State of West Bengal (AIR 1997 SC610) wherein the powerof arrest without warrant should be exercised <strong>on</strong>ly after reas<strong>on</strong>able satisfacti<strong>on</strong> isreached after some investigati<strong>on</strong> as to genuineness and b<strong>on</strong>a fides of thecomplaint and the reas<strong>on</strong>able belief as to both the pers<strong>on</strong>’s complicity as well asneed to effect arrest is stressed up<strong>on</strong>. That Ministry are of the view that therecourse to c<strong>on</strong>ciliati<strong>on</strong> between warring spouses and their families may be takenin any case of matrim<strong>on</strong>ial dispute before filing FIR under Secti<strong>on</strong> 498A of IPC.The Dowry Prohibiti<strong>on</strong> Act, 1961 and the Protecti<strong>on</strong> of Women from DomesticViolence Act, 2005 (PWDVA) as well as Secti<strong>on</strong> 498A IPC are importantlegislati<strong>on</strong>s which provide legal remedies to women. Their misuse can becurtailed if those laws are harm<strong>on</strong>ized and uniformly implemented. Legal remedyis also available under Secti<strong>on</strong> 250 of the Code of Criminal Procedure (CrPC) tocurtail misuse of the provisi<strong>on</strong>s of IPC and other laws. That Ministry have,therefore, not felt any need for amendment to Secti<strong>on</strong> 498A.
Secti<strong>on</strong> 498A IPC: Meaning and Background3. Secti<strong>on</strong> 498A was inserted in IPC, 1860 under Chapter XXA al<strong>on</strong>g withamendment to First Schedule of the CrPC, 1973 and inserti<strong>on</strong> of Secti<strong>on</strong> 113-B inthe Indian Evidence Act, 1872 through the Criminal Law (Amendment) Bill,1983. The Statement of Objects and Reas<strong>on</strong>s of the said Act menti<strong>on</strong>s as under:-“The increasing number of dowry deaths is a matter of serious c<strong>on</strong>cern. Theextent of the evil has been commented up<strong>on</strong> by the Joint <str<strong>on</strong>g>Committee</str<strong>on</strong>g> of boththe Houses to examine the working of the Dowry Prohibiti<strong>on</strong> Act, 1961.Cases of cruelty by the husband and relatives of husband, which culminatesin suicide by, or murder of helpless women c<strong>on</strong>cern c<strong>on</strong>stitute <strong>on</strong>ly a smallfracti<strong>on</strong> of the cases involving such cruelty. It is, therefore, proposed toamend the Indian Penal Code, the Code of Criminal Procedure and theIndian Evidence Act suitably to deal effectively not <strong>on</strong>ly with cases ofdowry death but also cases of cruelty to married women by their in-laws.”3.1 In 1986, Secti<strong>on</strong> 304B was inserted in the IPC for the purpose of c<strong>on</strong>trollingthe menace of dowry death occurring within seven years of marriage of a woman.3.2 Relevant substantive, procedural and presumptive Secti<strong>on</strong>s related todomestic violence is produced below:-“498 A. Husband or relative of husband of a woman subjecting her tocruelty (IPC) : - Whoever, being the husband or the relative of the husbandof a woman, subject such woman to cruelty shall be punished withimpris<strong>on</strong>ment for a term which may extend to three years and shall also beliable to fine.Explanati<strong>on</strong> - For the purpose of this secti<strong>on</strong>, “cruelty” means–(i)(ii)any willful c<strong>on</strong>duct which is of such a nature as is likely to drive thewoman to commit suicide or to cause grave injury or danger to life,limb or health (whether mental or physical) of the woman; orharassment of the woman where such harassment is with a view tocoercing her or any pers<strong>on</strong> related to her to meet any unlawfuldemand for any property or valuable security or is <strong>on</strong> account offailure by her or any pers<strong>on</strong> related to her to meet such demand.”
3.2.1 304B. Dowry death (IPC) - (1) Where the death of a woman is caused byany burns or bodily injury or occurs otherwise than under normal circumstanceswithin seven years of her marriage and it is shown that so<strong>on</strong> before her death shewas subjected to cruelty or harassment by her husband or any relative of herhusband for, in c<strong>on</strong>necti<strong>on</strong> with, any demand for dowry, such death shall becalled “dowry death”, and such husband or relative shall be deemed to havecaused her death.Explanati<strong>on</strong> - For the purpose of this sub-secti<strong>on</strong>, “dowry” shall have the samemeaning as in secti<strong>on</strong> 2 of the Dowry Prohibiti<strong>on</strong> Act, 1961 (28 of 1961).(2) Whoever commits dowry death shall be punished with impris<strong>on</strong>ment for aterm which shall not be less than seven years but which may extend toimpris<strong>on</strong>ment for life.3.2.2 Secti<strong>on</strong> 113B in the Indian Evidence Act, 1872 is a complementary Secti<strong>on</strong>to the aforesaid Secti<strong>on</strong>s in IPC. The relevant Secti<strong>on</strong> from the Indian EvidenceAct is produced below:“1113B. Presumpti<strong>on</strong> as to dowry death- When the questi<strong>on</strong> is whether apers<strong>on</strong> has committed the dowry death of a woman and it is shown that so<strong>on</strong>before her death such woman has been subjected by such pers<strong>on</strong> to crueltyor harassment for, or in c<strong>on</strong>necti<strong>on</strong> with, any demand for dowry, the courtshall presume that such pers<strong>on</strong> had caused the dowry death.”Explanati<strong>on</strong>- For the purposes of this secti<strong>on</strong> “dowry death” shall have thesame meaning as in secti<strong>on</strong> 304B, of the Indian Penal Code (45 of 1860).In most of the cases of dowry death (under Secti<strong>on</strong> 304B), Secti<strong>on</strong> 498A isinvoked by the police leading to presumpti<strong>on</strong> of harassment or cruelty to thewoman by the husband or his relatives. Keeping in view of the fact that witness asto such cruelty to married woman occur in four walls of matrim<strong>on</strong>ial home whichmay not be easily available to the Court, the accused is presumed to be guilty eventhough that is against the cardinal principle of criminal jurisprudence inaccordance of which the accused is presumed to be innocent unless proved guiltyby the prosecuti<strong>on</strong>. The burden is shifted to the accused to rebutt the saidpresumpti<strong>on</strong> of guilty.
3.2.3 The punishment for offence under Secti<strong>on</strong> 498A IPC is impris<strong>on</strong>ment forthree years and fine. The relevant Chapter of Secti<strong>on</strong> 320 of CrPC, 1973 isreproduced below:-Chapter XXA – OF CRUELTY BY HUSBAND ORRELATIVES OF HUSBANDSecti<strong>on</strong> Offence Punishment Cognizable or Bailable By whatn<strong>on</strong>-cognizable or n<strong>on</strong>- courtbailabletriable498A Punish- Impris<strong>on</strong>- Cognizable if infor- N<strong>on</strong>-baila- Magist-ment for ment of mati<strong>on</strong> relating to ble rate ofsubjecting three years the commissi<strong>on</strong> the firsta married and fine. of the offence is classwoman tocrueltygiven to an offi-cer in charge of apolice stati<strong>on</strong> bythepers<strong>on</strong>aggrieved by theoffence or by anypers<strong>on</strong> related toher by blood,marriageoradopti<strong>on</strong> or if therein no such relative,by any publicservant bel<strong>on</strong>gingto such class orcategory as may benotified by theState Governmentin this behalf.
3.2.4 The provisi<strong>on</strong>s of Secti<strong>on</strong> 4 of the Dowry Prohibiti<strong>on</strong> Act, 1961 makeexchange of dowry punishable. The said Act defines dowry as any property orvaluable security given or agreed to be given either directly or indirectly.3.3 The offence under Secti<strong>on</strong> 498A is cognizable offence where the officer-inchargeof police stati<strong>on</strong> may investigate the case without the order of a magistrateand effect arrest without any warrant. The offence is n<strong>on</strong>-bailable because thepower to grant bail is not available to the police which has to be obtained from theMagistrate. The crime cannot be generally compounded even afterrec<strong>on</strong>ciliati<strong>on</strong>/settlement between parties to the dispute.3.4 Even though the element of cruelty is an essential ingredient comm<strong>on</strong> toboth the Secti<strong>on</strong>s 498A and 304B of IPC but both the Secti<strong>on</strong>s are mutuallyexclusive. Explanati<strong>on</strong> to Secti<strong>on</strong> 498A defines the cruelty in following manner:-(i)(ii)Willful c<strong>on</strong>duct that is likely to drive a woman to commit suicide;Willful c<strong>on</strong>duct which is likely to cause grave injury or danger to life,limb or health of the woman;(iii) Harassment with the purpose of coercing woman or her relatives tomeet any unlawful demand for property or valuable security; and(iv) Harassment meted out to woman or her relatives <strong>on</strong> account of theirfailure to meet the demand of property or valuable security.Thus, the definiti<strong>on</strong> of cruelty within the meaning of Secti<strong>on</strong> 498A, IPCdoes not include the simple harassment. The forms of marital cruelty 1 asrecognised by the courts are as follows:-(a)(b)(c)(d)(e)Persistent denial of food;Insisting <strong>on</strong> perverse sexual c<strong>on</strong>duct;C<strong>on</strong>stantly locking a woman out of the house;Denying the woman access to children, thereby causing mentaltorture;Physical violence;
(f)(g)(h)(i)(j)Taunting, demoralising and putting down the woman with theintenti<strong>on</strong> of causing mental torture;C<strong>on</strong>fining the woman at home and not allowing her normal socialintercourse;Abusing children in their mother’s presence with the intenti<strong>on</strong> ofcausing her mental torture;Denying the paternity of the children with the intenti<strong>on</strong> of inflictingmental pain up<strong>on</strong> the mother; andThreatening divorce unless dowry is given.When the harassment is coupled with the intenti<strong>on</strong> of coercing the womanor her relatives for unlawful demand of property or valuable security, thatharassment tantamounts to cruelty and is punishable under Secti<strong>on</strong> 498A of IPC.3.5 The element of cruelty 2 is <strong>on</strong>e of the grounds for divorce in pers<strong>on</strong>al laws ofour country besides insanity, adultery, impotency, deserti<strong>on</strong>, etc. These laws interaliaprovide civil remedy in the form of decree of divorce or judicial separati<strong>on</strong>for the spouse. There is tendency to encourage the woman to link the divorce casewith Secti<strong>on</strong> 498A of IPC by including demands for dowry in the ground ofcruelty. There is tendency to demand the return of more than what was given as‘Stridhan’, which is the absolute property of the women by using Secti<strong>on</strong> 498A ofIPC. There is also demand for more m<strong>on</strong>ey as enhanced settlement as a prec<strong>on</strong>diti<strong>on</strong>for divorce by mutual c<strong>on</strong>sent where both the parties have to declareand c<strong>on</strong>vince the court that their marriage has irreversibly broken down. Byinvoking Secti<strong>on</strong> 498A in the divorce petiti<strong>on</strong> filed by woman, the criminalproceedings in additi<strong>on</strong> to civil proceedings are set in as a result of which therelatives of husband as well as he himself are arrested by the mere complaint ofthe woman.3.6 The cases of domestic violence against married woman in matrim<strong>on</strong>ialhome during the period from 2005 to 2009 under Secti<strong>on</strong>s 498A and 304B of IPC,1860 indicate the increasing trend. The percentage increase of cases under Secti<strong>on</strong>498A in 2009 over 2008 is around ten percent. The table below c<strong>on</strong>tains thefigures of cases:
Crime HeadNo. of cases Percentagevariati<strong>on</strong> in2005 2006 2007 2008 2009 2009 over 2008Torture 58,319 63,128 75,930 81,344 89,546 10.1(Secti<strong>on</strong>498A, IPC)Dowry 6,787 7,618 8,093 8,172 8,383 2.6Deaths(Secti<strong>on</strong>304B, IPC)(Source: NCRB, Crime in India, 2009)Judicial pr<strong>on</strong>ouncements <strong>on</strong> Secti<strong>on</strong> 498A of IPC4. Supreme Court and various High Courts have time and again examined theSecti<strong>on</strong> 498A, IPC. Delhi High Court in the case of Savitri Devi vs. RameshChand and others (Criminal Revisi<strong>on</strong> No. 462 of 2002) (2003 Criminal LJ 2759,104 (2003) DLT 824, II (2003) DMC 328) have examined the secti<strong>on</strong> 498A andobserved as follows:-“Before parting, I feel c<strong>on</strong>strained to comment up<strong>on</strong> the misuse of theprovisi<strong>on</strong>s of Secti<strong>on</strong> 498A/406 IPC to such an extent that it is hitting at thefoundati<strong>on</strong> of marriage itself and has proved to be not so good for thehealth of the society at large. To leave such a ticklish and complex aspect ofpropositi<strong>on</strong> as to what c<strong>on</strong>stitutes ‘marital cruelty’ and ‘harassment’ toinvoke the offences punishable under Secti<strong>on</strong>s 498A/406 IPC to lowerfuncti<strong>on</strong>aries of police like sub Inspectors or Inspectors, where as sometimes even courts find it difficult to come to the safer c<strong>on</strong>clusi<strong>on</strong> is to givethe tools in the hands of bad and unskilled masters.This Court has dealt with thousands of cases and matters relating to dowrydeaths and cases registered under Secti<strong>on</strong> 498A/406/306 IPC arising out ofdomestic violence, harassment of women <strong>on</strong> account of inadequate dowry orcoerci<strong>on</strong> of the woman for not fulfilling the demand of dowry and hundred
of divorce cases arising therefrom. Experience is not so happy nor isimplementati<strong>on</strong> or enforcement of these laws is anything but satisfactory orpunctilious.These provisi<strong>on</strong>s were though made with good intenti<strong>on</strong>s but theimplementati<strong>on</strong> has left a very bad taste and the move has been counterproductive. There is a growing tendency am<strong>on</strong>gst the women which isfurther perpetuated by their parents and relatives to rope in each and everyrelative including minors and even school going kids nearer or distantrelatives and in some cases against every pers<strong>on</strong> of the family or thehusband whether living away or in other town or abroad and married,unmarried sisters, sister-in-laws, unmarried brothers, married uncles and insome cases grandparents or as many as ten to fifteen or even more relativesof the husband. Once a complaint is lodged under secti<strong>on</strong> 498A/406 IPCwhether there are vague, unspecific or exaggerated allegati<strong>on</strong>s or there isno evidence of any physical or mental harm or injury inflicted up<strong>on</strong> womanthat is likely to cause grave injury or danger to life, limb or health, it comesas an easy tool in the hands of Police and agencies like Crime AgainstWomen Cell to hound them with the threat of arrest making them run hereand there and force them to hide at their friends or relatives houses till theyget anticipatory bail as the offence has been made cognizable and n<strong>on</strong>bailable.Thousands of such complaints and cases are pending and arebeing lodged day in and day out. These provisi<strong>on</strong>s have resulted into largenumber of divorce cases as when <strong>on</strong>e member of the family is arrested andsent to jail without any immediate reprieve of bail, the chances of salvagingor surviving the marriage recede into background and marriage for allpractical purposes becomes dead.”4.1 The Supreme Court in its judgment <strong>on</strong> a Writ Petiti<strong>on</strong> (Civil) No.141 of2005 – Sushil Kumar Sharma vs Uni<strong>on</strong> of India and others (JT 2005 (6) SC 266)has also observed as follows:-“The object of the provisi<strong>on</strong> (Secti<strong>on</strong> 498A) to preventi<strong>on</strong> of the dowrymenace. But as has been rightly c<strong>on</strong>tended by the petiti<strong>on</strong>er many instanceshave come to light where the complaints are not b<strong>on</strong>afide and have beenfiled with oblique motive. In such cases acquittal of the accused does not in
all cases wipe out the ignominy suffered during and prior to trial.Sometimes adverse media coverage adds to the misery. The questi<strong>on</strong>,therefore, is what remedial measures can be taken to prevent abuse of thewell-intenti<strong>on</strong>ed provisi<strong>on</strong>. Merely because the provisi<strong>on</strong> is c<strong>on</strong>stituti<strong>on</strong>aland intra-virus, does not give a licence to unscrupulous pers<strong>on</strong>s to wreckpers<strong>on</strong>al vendetta or unleash harassment. It may, therefore, becomenecessary for the legislature to find out ways how the makers of frivolouscomplaints or allegati<strong>on</strong>s can be appropriately dealt with. Till then thecourts have to take care of the situati<strong>on</strong> within the existing frame work. Asnoted above the object to strike at the roots of dowry menace. But by misuseof the provisi<strong>on</strong> a new Legal Terrorism can be unleashed. The provisi<strong>on</strong> isintended to be used a shield and not an assassin’s weap<strong>on</strong>.”4.2 The Supreme Court of India in Preeti Gupta and Anothers vs. State ofJharkhand and Anothers in SLP (Criminal) No.4684 of 2009 has observed that :-“Unfortunately a large number of these complaints have not <strong>on</strong>ly floodedthe courts but also have led to enormous social unrest affecting peace,harm<strong>on</strong>y and happiness of the society. It is high time that the legislaturemust take into c<strong>on</strong>siderati<strong>on</strong> the pragmatic realities and make suitablechanges in the existing law. It is imperative for the legislature to take intoc<strong>on</strong>siderati<strong>on</strong> the informed public opini<strong>on</strong> and the pragmatic realities inc<strong>on</strong>siderati<strong>on</strong> and make necessary changes in the relevant provisi<strong>on</strong>s oflaw”.4.3 The Supreme Court in Som Mittal vs. Government of Karnataka [Appeal(Criminal) 206 of 2008] has observed the following regarding Secti<strong>on</strong> 498A:-“Often false FIRs are filed e.g. under Secti<strong>on</strong> 498A, IPC, Secti<strong>on</strong> 3/4 DowryProhibiti<strong>on</strong> Act, etc. Often aged grandmothers, uncles, aunts, unmarriedsisters, etc. are implicated in such cases, even though they may havenothing to do with the offence. Sometimes unmarried girls have to go to jail,and this may affect their chances of marriage.”4.4 The Punjab and Haryana High Court <strong>on</strong> the issue of c<strong>on</strong>stituti<strong>on</strong>al validityof Secti<strong>on</strong> 498A, IPC in Krishan Lal and others vs. Uni<strong>on</strong> of India and others(1994 Criminal LJ3472) has observed as under:-
“The husband and relatives of husband of a married woman form a classapart by themselves and it amounts to reas<strong>on</strong>able classificati<strong>on</strong> especiallywhen a married woman is treated with cruelty within the four-walls of thehouse of her husband and there is not likelihood of any evidence available.C<strong>on</strong>sequently, Secti<strong>on</strong> 498A of the Code cannot be said to be offensive ofArticle 14 of the C<strong>on</strong>stituti<strong>on</strong>.”Observati<strong>on</strong>s of various <str<strong>on</strong>g>Committee</str<strong>on</strong>g>s/Commissi<strong>on</strong> <strong>on</strong> Secti<strong>on</strong> 498A IPC5. The Malimath <str<strong>on</strong>g>Committee</str<strong>on</strong>g> <strong>on</strong> Reforms of Criminal Justice System (2003)has while pointing out flaws in the implementati<strong>on</strong> of the Secti<strong>on</strong> 498A, IPC,recommended for suitable amendment in IPC to make the offence under Secti<strong>on</strong>498A, bailable and compoundable. The Malimath <str<strong>on</strong>g>Committee</str<strong>on</strong>g> in its report (videparas 16.4.4 and 16.4.5) has observed as under:-“A less tolerant and impulsive woman may lodge an FIR even <strong>on</strong> a trivialact. The result is that the husband and his family may be immediatelyarrested and there may be a suspensi<strong>on</strong> or loss of job. The offence allegedbeing n<strong>on</strong>-bailable, innocent pers<strong>on</strong>s languish in custody. There may be aclaim for maintenance adding fuel to fire, especially if the husband can notpay. Now the woman may change her mind and get into the mood to forgetand forgive. The husband may also realise the mistakes committed andcome forward to turn over a new leaf for a loving and cordial relati<strong>on</strong>ship.The woman may like to seek rec<strong>on</strong>ciliati<strong>on</strong>. But this may not be possible dueto the legal obstacles. Even if she wishes to make amends by withdrawingthe complaint, she cannot do so as the offence is n<strong>on</strong>-compoundable. Thedoors for returning to family life stand closed. She is thus left at the mercyof her natal family. This Secti<strong>on</strong>, therefore, helps neither the wife nor thehusband. The offence being n<strong>on</strong>-bailable and n<strong>on</strong> compoundable makes aninnocent pers<strong>on</strong> undergoes stigmatisati<strong>on</strong> and hardship. Heartlessprovisi<strong>on</strong>s that make the offence n<strong>on</strong>-bailable and n<strong>on</strong>compoundableoperate against rec<strong>on</strong>ciliati<strong>on</strong>s. It is therefore necessary to make thisoffence (a) bailable and (b) compoundable to give a chance to the spousesto come together.”5.1 The Law Commissi<strong>on</strong> of India in its Hundred and Fifty-fourth Report(1996) has also found this Secti<strong>on</strong> as harsh as it does not provide any opportunity
for rec<strong>on</strong>ciliati<strong>on</strong> to the aggrieved spouses. The Commissi<strong>on</strong> in the said Report(vide Chapter XII, para 4) has observed that:-“It was felt that as Secti<strong>on</strong> 498A is not included in the Tables appended toSecti<strong>on</strong> 320 of the Code, it could not be compounded by the parties. Manyinstances were cited where though the parties wanted to compound yet inthe absence of an enabling provisi<strong>on</strong>, they could not do so. This has createdhardship even in genuine cases. In order to meet this situati<strong>on</strong>, it isrecommended that the Secti<strong>on</strong> 498A be inserted in the Table under subsecti<strong>on</strong>(2) of Secti<strong>on</strong> 320 CrPC, where it can be compounded with thepermissi<strong>on</strong> of the Court.”5.2 Besides this, the Department-related Parliamentary Standing <str<strong>on</strong>g>Committee</str<strong>on</strong>g> <strong>on</strong>Home Affairs in its One Hundred and Eleventh Report <strong>on</strong> Criminal Law(Amendment) Bill, 2003 (2005) has also recommended that express provisi<strong>on</strong>smay be made in Secti<strong>on</strong> 320 of CrPC to reflect the availability of compounding ofoffence to the relatives of the husband.Petiti<strong>on</strong>er’s depositi<strong>on</strong> before <str<strong>on</strong>g>Committee</str<strong>on</strong>g>6. The petiti<strong>on</strong>er while deposing before the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> has submitted that theSecti<strong>on</strong> 498A of IPC is being fearlessly abused and misused with ulterior motivebecause the Secti<strong>on</strong> is itself harsh being n<strong>on</strong>-bailable and cognizable which hasled to arrest of relatives of husband including senior citizens, minor children,women even pregnant <strong>on</strong>e. There are reported instances where the said law hasbeen misused by women to become rich by extorting large sum of m<strong>on</strong>ey from thefamilies of her husband, particularly the NRI bridegroom. It has been used as abargaining tool by some women in the divorce suit pending before the Court.6.1 She informed the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> that during the period from 1995 to 2006, thenumber of cases have increased by hundred twenty per-cent and 1, 40,000 peoplehad been arrested under the said provisi<strong>on</strong>. It was informed that thirty per cent ofbail applicati<strong>on</strong>s before the Courts pertain to Secti<strong>on</strong> 498A. She further added thatan evaluati<strong>on</strong> of post implementati<strong>on</strong> of Secti<strong>on</strong> 498A might be carried out toassess its deterrent effect. The petiti<strong>on</strong>er has pleaded to make the law bailable andcompoundable; and also for provisi<strong>on</strong> of stringent punishment for abusers ofSecti<strong>on</strong> 498A of IPC.
Suggesti<strong>on</strong>s/View points of Stakeholders and c<strong>on</strong>cernedOrganisati<strong>on</strong>s/Individuals:7. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> has received more than two thousand memoranda fromvarious organizati<strong>on</strong>s/individuals expressing views <strong>on</strong> the subject matter of thepetiti<strong>on</strong> both in favour and against. The petiti<strong>on</strong> was supported by anoverwhelming majority of organizati<strong>on</strong>s/individuals whereas someorganizati<strong>on</strong>s/individuals have rejected it. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> gave opportunity tosome of the organizati<strong>on</strong>s/individuals who requested for an audience before it. Alist of organizati<strong>on</strong>s/individuals those appeared before the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> is atAnnexure-I. The views expressed in the memoranda as well as during the oralevidence by witnesses are divergent and diametrically opposite. Some other viewsalso emerged before the <str<strong>on</strong>g>Committee</str<strong>on</strong>g>. The views have been summarised and givenbelow.View points in favour of the Petiti<strong>on</strong>:(i)(ii)Secti<strong>on</strong> 498A of IPC permits arrest of the husband and his female ormale relatives irrespective of their age, marital status, health c<strong>on</strong>diti<strong>on</strong>merely <strong>on</strong> the basis of allegati<strong>on</strong> of wife. In that c<strong>on</strong>text, the terms“cruelty”, “harassment” and “relatives of the husband of the women”had been interpreted to suit the complainant and investigating agencyleading to enhancing the suffering of innocent relatives of husband,who are merely related by blood or marriage but might even notresiding with the husband or even might not have visited the family inthe near past. These terms need to be defined in the code;Secti<strong>on</strong> 498A, IPC together with Secti<strong>on</strong> 113B of the Evidence Act,1872 are technically flawed from the time of their inserti<strong>on</strong> in thestatute books because those Secti<strong>on</strong>s presume the alleged accused tobe guilty till proven innocent which goes against the cardinal principleof criminal jurisprudence in accordance of which any individual ispresumed to be innocent until proved guilty bey<strong>on</strong>d reas<strong>on</strong>able doubt;(iii) The said provisi<strong>on</strong>s make complete disregard of Fundamental Right toLife and also directly violates Universal Declarati<strong>on</strong> of HumanRights, 1948 to which our country happens to be a signatory;
(iv) Secti<strong>on</strong> 498A could be resorted to any time during life period ofhusband by wife even to suppress her fault and further her own selfinterest. Some sort of time limit similar to the time (within sevenyears of marriage) provided under Secti<strong>on</strong> 304B of IPC for dowrydeath might be provided in Secti<strong>on</strong> 498A;(v)Sometimes petty marital squabbles between spouses in order to havec<strong>on</strong>trol over husband and his family often drive the wife to resort to498A which strikes at the root of instituti<strong>on</strong> of marriage and the trendof ‘live-in-relati<strong>on</strong>ship’ may get a boost which may promotepolygamy and children born out of that relati<strong>on</strong>ship would be worstsuffers in the times to come;(vi) The stigma and insults suffered by the family of the husband due tomisuse of Secti<strong>on</strong> 498A cannot be wiped out in any manner in oursociety. Provisi<strong>on</strong> for penalty and recovery of prosecuti<strong>on</strong> cost fromthe lady or her family who misuses the Secti<strong>on</strong> 498A may beincorporated. Suitable compensati<strong>on</strong> to the pers<strong>on</strong>s who are affectedby such process;(vii) Cruelty or domestic abuse is not gender specific. The assumpti<strong>on</strong> thatvictims of physical, verbal, emoti<strong>on</strong>al, sexual, and financial abuse arewomen always is wr<strong>on</strong>g. According the Universal Declarati<strong>on</strong> ofHuman Rights, all are equal before the law, and are entitled withoutany discriminati<strong>on</strong> to equal protecti<strong>on</strong> of the law. Therefore, Secti<strong>on</strong>498A may be made gender neutral;(viii) Making the offence under Secti<strong>on</strong> 498A, bailable and compoundablewould also provide great relief to Indian judicial dockets andpendency of cases would be reduced substantially;(ix) There is a large difference in the number of pers<strong>on</strong> arrested underSecti<strong>on</strong> 498A IPC and c<strong>on</strong>victed under this Secti<strong>on</strong>, which showshow some people are misusing this for ulterior motive;(x)Arrest of elderly people, children and pregnant woman in the name ofrelative of the husband is the hardest situati<strong>on</strong> a family can face; and
may commit suicide because of torture. Secti<strong>on</strong> 498A provides an aptremedy to the torture of women in matrim<strong>on</strong>ial home;(vi) The menace of dowry is rampant in our country and linked to it is thechild sex ratio which is dwindling over the years because of femalefoeticide being d<strong>on</strong>e clandestinely in our society. The reas<strong>on</strong>s ofmisuse of Secti<strong>on</strong> 498A for amendment of the law are not c<strong>on</strong>vincing,particularly in the face of increasing crime against women and dowrydeaths; and(vii) Misuse of Secti<strong>on</strong> 498A can be checked by other Secti<strong>on</strong>s of IPC(182, 203, 209 and 211). Instead of tampering with the law, the policeneeds to be sensitised about the directi<strong>on</strong>s given by the SupremeCourt in D.K. Basu vs. State of West Bengal (1997) case whichregulate the power of arrest by the police.Other view points <strong>on</strong> the petiti<strong>on</strong>:(i)(ii)To make the Secti<strong>on</strong> compoundable, views were expressed both infavour and against. Those against making the offence compoundablesaid that if this is d<strong>on</strong>e then the wives would be prompted to bargainfor allowing divorce which would act harsh up<strong>on</strong> the husbands. It wassuggested that mediati<strong>on</strong>/c<strong>on</strong>ciliati<strong>on</strong> could be tried before going tocourt;Applicati<strong>on</strong> of Secti<strong>on</strong> 498A has been detrimental to the future of thechild who undergoes the trauma throughout his/her life when his/herfather is sent to jail. Arrest of children under the said Secti<strong>on</strong>c<strong>on</strong>travenes the provisi<strong>on</strong>s of the Juvenile Justice (Care andProtecti<strong>on</strong> of Children) Act, 2000;(iii) The Police should not be allowed to summ<strong>on</strong> randomly a husband andhis family members to the police stati<strong>on</strong> in the name of counseling orquesti<strong>on</strong>ing in case marital disputes. Police involvement in thecounseling should be banned;(iv) Secti<strong>on</strong> 498A IPC is presently under criminal law even though it dealswith a dispute which is of matrim<strong>on</strong>ial in nature. Even the peopleaccused under these laws are comm<strong>on</strong> people and not hard core
criminals. Therefore, Secti<strong>on</strong> 498A IPC may be brought under civillaw;(v)Definiti<strong>on</strong> of ‘dowry’ needs to be clarified in the Dowry Prohibiti<strong>on</strong>Act, 1961 as there is likelihood that causal demand for financialassistance or loan by husband may not be treated as a willful demandfor dowry. The provisi<strong>on</strong> of dowry to the girl by her family has beenc<strong>on</strong>sidered as status symbol and practiced during kanya daan in theform of gift which is permissible under the Dowry Prohibiti<strong>on</strong> Act. Incase of difference and discord between the spouses, the propertiesgiven as gift are treated as dowry by the wife. It is suggested that anundertaking may be made mandatory that no exchange of dowry takesplace at the time of registrati<strong>on</strong> of marriage;(vi) Daughter has equal share in the self acquired property of her father,which needs to be secured for her development. In the case ofallegati<strong>on</strong> of dowry, the capacity of the dowry given also needs to beverified;(vii) Cases relating to dowry and Secti<strong>on</strong> 498A might be tried in FamilyCourts under the Family Court Act, 1984;(viii) Provisi<strong>on</strong>s of Secti<strong>on</strong> 498A IPC, PWDVA and Secti<strong>on</strong> 125, CrPC areinterlinked and women generally use it against their husband.Husband has to run from <strong>on</strong>e court to another to defend himselfinnocent for the same set of allegati<strong>on</strong>s. Since the allegati<strong>on</strong>s in all thecases are similar hence both domestic violence case and 498A IPCmay be combined together so that a lot of harassment in the form ofrunning around the courts can be reduced;(ix) In most of the complaints, false claims are made that many articles aregiven to the husband and his relatives as dowry during the marriagewithout any proof or evidence. dowry Prohibiti<strong>on</strong> Officer, appointedunder Dowry Prohibiti<strong>on</strong> Act, may file an affidavit to the Court withproof and evidence of the claims of the wife regarding the dowryexchange. Secti<strong>on</strong> 498A, IPC may be amended in such a way that no
arrest should be made till the Dowry Prohibiti<strong>on</strong> Officer files anaffidavit to the Court;(x)The Court should not entertain complaint under Secti<strong>on</strong> 498A, IPC ifthe marriage is not registered. All marriage certificates must clearlyspecify any stri-dhan which is given to the wife or gifts to thehusband including cash or any articles;(xi) It has been seen that a trial under 498A, IPC takes a minimum of fiveto eight years in the trial court and if the matter is appealed to theSessi<strong>on</strong> Court, High Court and Supreme Court it can take aroundfifteen to twenty years. Husband and his relatives spend a significantporti<strong>on</strong> of their life running around the corridors of the court, policestati<strong>on</strong> and lawyer’s office. Offence under Secti<strong>on</strong> 498A, IPC may betried in the fast track court with a mandate to deliver judgment in sixtydays as is the case in the PWDVA; and(xii) Secti<strong>on</strong> 498A IPC may be amended in such a way that children andgrandparents and other relatives may not be arrested under thisSecti<strong>on</strong>.Home Secretary’s depositi<strong>on</strong> before <str<strong>on</strong>g>Committee</str<strong>on</strong>g>8. The Home Secretary in his depositi<strong>on</strong> before the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> touched up<strong>on</strong>reported misuse of Secti<strong>on</strong> 498A, IPC because of harsh provisi<strong>on</strong>s of the saidSecti<strong>on</strong>. On the issue of amendment to Secti<strong>on</strong> 498A of IPC so as to make itbailable, compoundable he apprised the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> that in view of oppositi<strong>on</strong> ofMinistry of Women and Child Development the Home Minister had to withdrawthe proposed legislati<strong>on</strong> from the Cabinet. However, in pursuance ofrecommendati<strong>on</strong>s of Parliamentary Standing <str<strong>on</strong>g>Committee</str<strong>on</strong>g> <strong>on</strong> Home Affairs to bringa comprehensive legislati<strong>on</strong> to both IPC & CrPC, the Home Ministry with theapproval of the then Home Minister had written to the Law Commissi<strong>on</strong> to bringabout comprehensive amendments to both IPC & CrPC including amendment toSecti<strong>on</strong> 498A of IPC.8.1 Home Secretary apprised the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> that the Ministry of Home Affairsvide their letter dated 20th October, 2009 sent an advisory to all the State
Governments/UT Administrati<strong>on</strong>s <strong>on</strong> misuse of Secti<strong>on</strong> 498A, which emphasises<strong>on</strong> the following:Power to arrest without warrant should be exercised <strong>on</strong>ly afterreas<strong>on</strong>able satisfacti<strong>on</strong> as to b<strong>on</strong>a fides of a complaint.In matrim<strong>on</strong>ial disputes, it may not be necessary to exerciseimmediate power of arrest but to attempt the recourse to other disputesettlement mechanisms.Recourse to filing charges under Secti<strong>on</strong> 498A, IPC may be resortedto where c<strong>on</strong>ciliati<strong>on</strong> fails and where there appears a prima facie caseunder the said provisi<strong>on</strong> or other laws. Counselling should bec<strong>on</strong>ducted by professi<strong>on</strong>al trained counsellors and not the police. Themechanism instituted under the PWDVA may be used for thispurpose.Submissi<strong>on</strong>s of Ministry of Women and Child Development9. The Secretary of the Ministry of Women and Child Development in hisdepositi<strong>on</strong> before the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> has submitted that the objective of insertingSecti<strong>on</strong> 498A in IPC was to protect women being subjected to cruelty by thehusband or his relatives. But over the period, representati<strong>on</strong>s have been receivedby the Government alleging misuse of the provisi<strong>on</strong>s of the Secti<strong>on</strong>. Afterexamining such representati<strong>on</strong>s in c<strong>on</strong>sultati<strong>on</strong> with the Nati<strong>on</strong>al Commissi<strong>on</strong> forWomen, the Ministry of Women and Child Development come to the c<strong>on</strong>clusi<strong>on</strong>that Secti<strong>on</strong> 498A, IPC & other laws such as Dowry Prohibiti<strong>on</strong> Act and PWDVAare important legislati<strong>on</strong>s which provide protecti<strong>on</strong> and legal remedies to womenand these should not be tinkered with and at the same time; if some set proceduresare followed, its misuse can be curtailed.9.1 The Secretary has further added that the advisories issued by the Ministry ofHome Affairs to all the State Governments/UT Administrati<strong>on</strong>s <strong>on</strong> misuse ofSecti<strong>on</strong> 498A should be implemented in letter and spirit to put an effective check<strong>on</strong> the misuse of secti<strong>on</strong> 498A, IPC. Further Secti<strong>on</strong> 41 of CrPC which providesthat police may arrest without warrant <strong>on</strong> commissi<strong>on</strong> of a cognizable offence or<strong>on</strong> the basis of a reas<strong>on</strong>able complaint or reas<strong>on</strong>able suspici<strong>on</strong>, has now beenamended by the Criminal Procedure Code (Amendment) Acts of 2008 and 2010,
to restrict this discreti<strong>on</strong>ary power of the police may also be instrumental inputting a check <strong>on</strong> the misuse of Secti<strong>on</strong> 498A. As per the amendments, an arrestwithout warrant in case of a reas<strong>on</strong>able complaint or reas<strong>on</strong>able suspici<strong>on</strong> can<strong>on</strong>ly be made under certain specific circumstances. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> has beenapprised that the PWDVA provides for a comprehensive mechanism forcounselling between the parties to arrive at a settlement (Secti<strong>on</strong> 14 read withRule 14 of PWDVA). Increasing use of PWDVA and its provisi<strong>on</strong>s <strong>on</strong> counselingwould lead to a decrease in the number of complaints filed under Secti<strong>on</strong> 498A,IPC. There is also a need for sensitisati<strong>on</strong> of the police so that they can encouragewomen approaching them to use the PWDVA.9.2 It has been further submitted by the Secretary that there might be mala fideallegati<strong>on</strong>s under Secti<strong>on</strong> 498A, IPC but this can be effectively addressed withinthe existing legal framework such as provisi<strong>on</strong>s under the criminal law for filing afalse case (Secti<strong>on</strong> 211 of IPC) or for perjury/giving false evidence (Secti<strong>on</strong>s 191and 193 of IPC). Cognizance of a case under any of the above provisi<strong>on</strong>s can betaken by a competent Court as per Secti<strong>on</strong> 340 read with Secti<strong>on</strong> 195 of the CrPC.Further, the apex Court and High Courts also have inherent powers to takecognizance of such cases and impose penalties in the form of fine. One of thelegal remedies that can be further c<strong>on</strong>sidered for preventing filing of falsecomplaints under Secti<strong>on</strong> 498A is by proposing punishment of impris<strong>on</strong>ment uptosix m<strong>on</strong>ths in the Secti<strong>on</strong> itself for the misusers, which would act as a deterrentfor the complainant. However, to ensure that b<strong>on</strong>a fide complainants are notvictimised, adequate safeguards would also need to be incorporated to effect that.Since the incident of dowry death is <strong>on</strong> increase, that Ministry is not in favour ofmaking the said Secti<strong>on</strong> n<strong>on</strong>-cognizable because of the fact that it would placeenormous burden <strong>on</strong> women to approach judicial magistrate to file initialcomplaint against their husbands or his family thereby putting a barrier to theiraccess to justice.9.3 Regarding the prayer of the petiti<strong>on</strong>er to make Secti<strong>on</strong> 498A compoundable,the Secretary has menti<strong>on</strong>ed that the Ministry of Women and Child Developmenthas not been in favour of making it universally compoundable because the courtshave already inherent power under Secti<strong>on</strong> 482 of CrPC, 1973 to quash the FIR in
the event of out of court compromise/settlement between parties to secure theends of justice.9.4 In view of the Secretary, making the law bailable and n<strong>on</strong>-cognizable woulddilute its deterrent effect and would be detrimental to the interest of women withb<strong>on</strong>afide allegati<strong>on</strong>s of cruelty. Effective implementati<strong>on</strong> of the PWDVA andfacilitating counselling under it would provide women with the opti<strong>on</strong> to explorepossibility of c<strong>on</strong>ciliati<strong>on</strong> and would in the l<strong>on</strong>ger run, reduce the number of casesfiled under Secti<strong>on</strong> 498A, IPC. However, incorporati<strong>on</strong> of some checks andbalances against abuse of the provisi<strong>on</strong> may be c<strong>on</strong>sidered, which includesprovisi<strong>on</strong> of impris<strong>on</strong>ment upto six m<strong>on</strong>ths for a complainant who files a falsecomplaint, and empowering Courts to specifically adjudicate <strong>on</strong> whether thearrests made by the police are justified/ made without prima facie evidence/incollusi<strong>on</strong> with pers<strong>on</strong>(s) filing false complaint.Views of Nati<strong>on</strong>al Commissi<strong>on</strong> for Women10. The Member Secretary, Nati<strong>on</strong>al Commissi<strong>on</strong> for Women in her depositi<strong>on</strong>has menti<strong>on</strong>ed that Secti<strong>on</strong> 498A, IPC and other laws such as Dowry Prohibiti<strong>on</strong>Act, 1961 and the Protecti<strong>on</strong> of Women from Domestic Violence Act, 2005(PWDVA) are important legislati<strong>on</strong>s which provide protecti<strong>on</strong> and legal remediesto women, should not be tinkered with. She also c<strong>on</strong>tended that if the Secti<strong>on</strong> isimplemented with set procedures, its misuse can be curtailed. But having said that,she has suggested following methods to minimise the misuse of the Secti<strong>on</strong> 498A,IPC:-(i)(ii)Secti<strong>on</strong> 498A, IPC, provisi<strong>on</strong>s of the Dowry Prohibiti<strong>on</strong> Act 1961 andthe Protecti<strong>on</strong> of Women from Domestic Violence Act 2005 have anelement of comm<strong>on</strong>ality and need to be harm<strong>on</strong>ized and uniformlyimplemented;Police should in the interest of the protecti<strong>on</strong> of the c<strong>on</strong>stituti<strong>on</strong>alrights of a citizen ensure that no arrest should be made without areas<strong>on</strong>able satisfacti<strong>on</strong> after some investigati<strong>on</strong> as to the genuinenessand b<strong>on</strong>afide of a complaint and the need to effect arrest;
(iii) Creati<strong>on</strong> of Mahila Desks at police stati<strong>on</strong> and Crime Against Women(CAW) Cell, atleast at the district level which would specifically dealsthe complaints made by women. When a wife moves to file acomplaint to a women cell, a lot of persuasi<strong>on</strong> and c<strong>on</strong>ciliati<strong>on</strong>required. The Legal Service Authorities of the States/UTs, Nati<strong>on</strong>alCommissi<strong>on</strong> for Women, NGO and social workers should set up adesk in CAW Cell to provide c<strong>on</strong>ciliati<strong>on</strong> services to the women sothat before the state machinery is set in moti<strong>on</strong> the matter is amicablysettled at that very stage;(iv) In case of matrim<strong>on</strong>ial disputes, the first recourse should be effectivec<strong>on</strong>ciliati<strong>on</strong> and mediati<strong>on</strong> between the warring spouses and theirfamilies and recourse of filing charges under Secti<strong>on</strong> 498A, IPC maybe resorted to in cases where such c<strong>on</strong>ciliati<strong>on</strong> fails and there appearsa prima facie case of Secti<strong>on</strong> 498A of IPC and other related laws; and(v)Counseling mechanism envisaged under the PWDVA should beimplemented by State Governments and counseling of parties shouldbe d<strong>on</strong>e <strong>on</strong>ly by professi<strong>on</strong>ally qualified counselors and not by thepolice. The police may c<strong>on</strong>sider empanelling professi<strong>on</strong>al counselorswith CAW Cells.10.1 The Nati<strong>on</strong>al Commissi<strong>on</strong> for Women in their written resp<strong>on</strong>se submitted<strong>on</strong> 25th August, 2011 to the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> c<strong>on</strong>tradicted the comm<strong>on</strong> claim that amajority of 498A cases are false since more than ninety percent of all cases underSecti<strong>on</strong> 498A, IPC are found to be true <strong>on</strong> investigati<strong>on</strong> and less than ten percentare found to be false <strong>on</strong> account of mistake of fact or of law. And the percentageof cases declared false is declining. The analysis of figure of cases under Secti<strong>on</strong>498A during the period from 2005 to 2009 as submitted by the Commissi<strong>on</strong> isgiven below:
Cases declared False <strong>on</strong> account of Mistake of Fact or Law underSecti<strong>on</strong> 498A, IPC (2005-09)Year Cases reported Number of cases Percentage of casesduring the year declared false <strong>on</strong> declared false <strong>on</strong>account of mistakeof fact or of lawaccount of mistakeof fact or of law2005 58319 6141 10.532006 63128 6365 10.082007 75930 8215 10.822008 81344 7616 9.362009 89546 8392 9.3710.2 That Commissi<strong>on</strong> opposed the prayer of the petiti<strong>on</strong>er to make the Secti<strong>on</strong>498A, IPC n<strong>on</strong>-cognizable, bailable and compoundable <strong>on</strong> following grounds:–(i)(ii)making the offence n<strong>on</strong>-cognizable will place a huge burden <strong>on</strong>women who will have to go through the judicial process to file aninitial complaint thus making it difficult to take recourse of this law, ifnot impossible for women for whose benefit this law was enacted;in case of making it bailable, police will be empowered to give bail,then no <strong>on</strong>e involved in domestic violence will ever be arrested.Further anticipatory bail under Secti<strong>on</strong> 438, CrPC can be obtainedfrom Magistrate even in the criminal cases; and(iii) compounding the crime under Secti<strong>on</strong> 498A will send Court amessage that the gravity of crime is less than that of other similarcrimes. Further woman will be under tremendous pressure towithdraw complaint and compromise by her family. However,procedure for quashing FIR filed under Secti<strong>on</strong> 498A due to
compromise/settlement already exists with the High Courts underCrPC.Views of Nati<strong>on</strong>al Commissi<strong>on</strong> for Protecti<strong>on</strong> of Child Rights11. The Chairpers<strong>on</strong>, Nati<strong>on</strong>al Commissi<strong>on</strong> for Protecti<strong>on</strong> of Child Rights(NCPCR), who appeared before the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> has submitted that theCommissi<strong>on</strong> often receives complaints regarding custody of child/children in thedispute arising out of matrim<strong>on</strong>ial relati<strong>on</strong> from <strong>on</strong>e of the parents who have noaccess to the child with a allegati<strong>on</strong> that the child is not being treated well andneeds protecti<strong>on</strong> from a n<strong>on</strong> c<strong>on</strong>genial atmosphere. In such cases of domesticviolence, the child is often subjected to abuse because he/she is manipulated totake sides as a witness to such a acrim<strong>on</strong>y which has a harmful impact <strong>on</strong> thechild leading to anxiety, depressi<strong>on</strong>, social withdrawal, aggressive behaviour, lackof attenti<strong>on</strong> and insecurity, etc.11.1 She menti<strong>on</strong>ed that a child who is separated from <strong>on</strong>e or both parents needsto be facilitated to maintain pers<strong>on</strong>al relati<strong>on</strong>s and direct c<strong>on</strong>tacts with bothparents <strong>on</strong> a regular basis, except if it is c<strong>on</strong>trary to the child’s best interest. Sheapprised that as per the data obtained from NCRB, 1007 children have beenbooked under 498A of IPC during the period from 2007 to 2009. The childrenshould not suffer in such cases as they have no c<strong>on</strong>trol over the causes/groundsunder Secti<strong>on</strong> 498A and are victim of circumstances. She has suggested followingmeasures for protecti<strong>on</strong> of child rights in matrim<strong>on</strong>ial cases:–(i)(ii)The children should not be arrested or charge-sheeted under Secti<strong>on</strong>498A in any circumstance;The matters of children whose cases are pending before Magistratesand/or Juvenile Justice Boards should be reviewed by the ChiefJudicial Magistrate/Chief Metropolitan Magistrate or the DistrictJudge c<strong>on</strong>cerned in the light of the provisi<strong>on</strong>s under Secti<strong>on</strong> 14 (2) ofthe Juvenile Justice (Care and Protecti<strong>on</strong> of Children) Act, 2000;(iii) The c<strong>on</strong>cerned Magistrate should solicit a detailed report from theProbati<strong>on</strong> Officer, Child Welfare <str<strong>on</strong>g>Committee</str<strong>on</strong>g>, District Legal AidServices Authority or the District Officer in-charge of ChildProtecti<strong>on</strong>/Child Welfare <strong>on</strong> the impact of his/her order <strong>on</strong> his
children/dependants, before sentencing an adult under Secti<strong>on</strong> 498A.This propositi<strong>on</strong> is in no way intended to interfere with the judicialproceedings, but intended to ensure that while attempting to deliverjustice to a woman, great injustice is not d<strong>on</strong>e to children affected inthe process;(iv) Since a child needs to have regular c<strong>on</strong>tact with both the parents asrequired under Article 9(3) of the UN C<strong>on</strong>venti<strong>on</strong> <strong>on</strong> Rights of theChild, 1989 to which India is a signatory, Secti<strong>on</strong> 498A of IPC shouldin no circumstances be allowed to be used to depriving the child fromaccess/regular c<strong>on</strong>tact with both the parents;(v) Whenever any child is apprehended by the police under secti<strong>on</strong> 498A,IPC such child must be handed over to the Juvenile/Child WelfareOfficer of the c<strong>on</strong>cerned Police Stati<strong>on</strong> or Special Juvenile PoliceUnit (SJPU), as envisaged under Rule 11 of the Juvenile Justice (Careand Protecti<strong>on</strong> of Children) Rules, 2007. The Juvenile/Child WelfareOfficer shall thereafter, produce the child before the Child Welfare<str<strong>on</strong>g>Committee</str<strong>on</strong>g> at the earliest but within twenty four hours. The ChildWelfare <str<strong>on</strong>g>Committee</str<strong>on</strong>g> shall arrange for counseling and interim care ofthe children in child friendly envir<strong>on</strong>ment;(vi) The affected children need to be heard and c<strong>on</strong>sulted in camera by thec<strong>on</strong>cerned family courts and district courts adjudicating familydisputes such as divorce, legal separati<strong>on</strong>, custody and visitati<strong>on</strong>rights of parents/spouses;(vii) The best interest of the child (both in short term and l<strong>on</strong>g term) shouldbe the primary c<strong>on</strong>siderati<strong>on</strong> in deciding the custody and access ofchildren involved in divorce/legal separati<strong>on</strong> to their parents; and(viii) The family courts and district courts adjudicating the divorce, legalseparati<strong>on</strong> and custody matters should have at their disposal sufficientnumber of professi<strong>on</strong>ally qualified and trained family counselors tocounsel the parents and children involved so that amicablesettlement/compromise am<strong>on</strong>g the c<strong>on</strong>testing parents in the interest oftheir children may be d<strong>on</strong>e.
Deliberati<strong>on</strong>s of <str<strong>on</strong>g>Committee</str<strong>on</strong>g>12. The views of the Members of <str<strong>on</strong>g>Committee</str<strong>on</strong>g> emerged during the course of thedeliberati<strong>on</strong>s of the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> are summarised below: –(i)(ii)There is vagueness in the definiti<strong>on</strong>s of the terms ‘cruelty’, ‘unlawfuldemand’ and ‘relatives of the husband of women’, which need to bespecific, leaving no scope of misinterpretati<strong>on</strong> for the investigatingagency and the court;The burden of proof must be <strong>on</strong> the prosecuti<strong>on</strong> like other offencesand not <strong>on</strong> the accused;(iii) Provisi<strong>on</strong>s of Secti<strong>on</strong> 498A of IPC were introduced to curb theharassment of a woman either in the hands of the husband or hisfamily members, c<strong>on</strong>nected with the demand of dowry. But within ashort span of time this Secti<strong>on</strong> has become a tool in the hands ofbridal side either to blackmail the husband or other in-laws;(iv) The natural death or voluntarily suicidal death or self emoliti<strong>on</strong> bywoman are taken as a dowry death. So the definiti<strong>on</strong> of dowry als<strong>on</strong>eeds to be clarified in clear terms. Every m<strong>on</strong>ey transacti<strong>on</strong> ordemand should not necessarily be c<strong>on</strong>strued as demand for dowry.The loan or financial assistance sought by the husband from the wifeside to settle his family or business or professi<strong>on</strong> must not be treatedas dowry so also the stridhan of the women;(v)The Secti<strong>on</strong> is underused in rural area but overused in urban area;(vi) Bail out or the acquittal does not in all cases wipe out the stigma andinsults suffered by the husband or his relatives during pre-trial, trial orpost-trial period. Such news is promptly and repeatedly brought out inthe print as well as in the electr<strong>on</strong>ic media. Instances are there wherethe innocent minor brothers/sisters, the l<strong>on</strong>g-l<strong>on</strong>g distant relatives,boy/girl friends, of the husband, the priest performing marriage, thebarber and the people attending the marriage, etc. were arrayed as anaccused under Secti<strong>on</strong> 498A of IPC;
(vii) The innocent children born out of their wedlock are the worstsufferers. It badly affects their upbringing. The children need theshelter, guardianship, love and affecti<strong>on</strong> from both mother and father;(viii) Under the existing frame work of the law after being implicated underthis Secti<strong>on</strong>, the ag<strong>on</strong>y of divorce between the spouses is bound tooccur. The divorce is so thorny that in such a case the wife is alwayslooser;(ix) The advisory issued by Ministry of Home Affairs to StateGovernments/UT Administrati<strong>on</strong>s to prevent misuse of Secti<strong>on</strong> 498Aof IPC should be notified by the c<strong>on</strong>cerned Government; and(x)Fast track Courts may be assigned to decide cases under Secti<strong>on</strong> 498Ain view of huge pendency thereof; counselling mechanism availableunder Family Court Act, 1984 may be attempted to before trial ofcases under Secti<strong>on</strong> 498A.Observati<strong>on</strong>s/Recommendati<strong>on</strong>s13. Having g<strong>on</strong>e through the evidence produced before it by differentstakeholders, the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> finds it difficult to give a straight answer to therequest made in the petiti<strong>on</strong> in terms of yes or no. The petiti<strong>on</strong>er and thestakeholders who have come up in favour of the petiti<strong>on</strong> have vehementlyprotested against the misuse of the provisi<strong>on</strong>s of Secti<strong>on</strong> 498A IPC. The fact thatthese provisi<strong>on</strong>s of the IPC are being misused stands corroborated through severalsources. In the first place, the Ministry of Home Affairs, the nodal Ministry for thesubject, had come out with a formal proposal to amend Secti<strong>on</strong> 320 of theCriminal Procedure Code, 1973 in the year 2003 so as to make the offences underSecti<strong>on</strong> 498A of the IPC compoundable. The proposed amendments were,however, withdrawn after intense pressure from various women’s organisati<strong>on</strong>s.Next, there are the recommendati<strong>on</strong>s of the Malimath <str<strong>on</strong>g>Committee</str<strong>on</strong>g> <strong>on</strong> Reforms ofCriminal Justice System set up in 2003 which c<strong>on</strong>sidered the implementati<strong>on</strong> ofSecti<strong>on</strong> 498A of IPC and recommended that the offence in this Secti<strong>on</strong> may bemade bailable and compoundable to give chance to the parties in the marriage tocome together. Further, the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> finds several pr<strong>on</strong>ouncements of the HighCourts as well as the Supreme Court from time to time highlighting in str<strong>on</strong>g
terms the instances of misuse of provisi<strong>on</strong>s of Secti<strong>on</strong> 498A of IPC andrecommending remedial acti<strong>on</strong>. All these inputs received by the <str<strong>on</strong>g>Committee</str<strong>on</strong>g>str<strong>on</strong>gly advocate modificati<strong>on</strong>s in the provisi<strong>on</strong>s of the existing law in order toprevent its misuse.13.1 The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> is deeply moved by the serious c<strong>on</strong>cern it has come acrossfrom different quarters calling for modificati<strong>on</strong> in Secti<strong>on</strong> 498A of IPC so as toprevent its misuse. But the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> is unable to oversee the inputs it hasreceived from the Ministry of Women and Child Development, the Nati<strong>on</strong>alCommissi<strong>on</strong> for Women, Nati<strong>on</strong>al Commissi<strong>on</strong> for Protecti<strong>on</strong> of Child Rights andother organisati<strong>on</strong>s that have pleaded before the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> against the petiti<strong>on</strong>.The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> notes that the amendments brought about by the Criminal Law(Amendment) Bill, 1983 were at a time when married women in society were veryinsecure and crimes against them were high. In that scenario, Secti<strong>on</strong> 498A ofIPC, which was introduced then al<strong>on</strong>g with some other amendments in theCriminal Procedure Code and the Indian Evidence Act whereunder a specificoffence was created vide Secti<strong>on</strong> 498A IPC and categorized n<strong>on</strong>-bailable andcognizable. This step has been able to send a str<strong>on</strong>g message across the countrythat married woman need to be seen with due respect and that they dare not bemal-treated in their matrim<strong>on</strong>ial home. The fact that offence under Secti<strong>on</strong> 498Aof IPC is cognizable and n<strong>on</strong>-bailable is acting as a big deterrent in the society. Inthe opini<strong>on</strong> of the <str<strong>on</strong>g>Committee</str<strong>on</strong>g>, this historic step has succeeded in c<strong>on</strong>taining themagnitude of crime against women in the country. Therefore, the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> isunable to agree to the petiti<strong>on</strong> in so far as categorising the offence underSecti<strong>on</strong> 498A IPC as n<strong>on</strong>-cognizable and bailable is c<strong>on</strong>cerned. The<str<strong>on</strong>g>Committee</str<strong>on</strong>g> recommends that the offence under Secti<strong>on</strong> 498A of IPC mayc<strong>on</strong>tinue to remain cognizable and n<strong>on</strong>-bailable as any change in the law atthis stage might go against the interest of the women community in general.The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> fears that any interference in the present law might reversethe social protecti<strong>on</strong> of women in their matrim<strong>on</strong>ial home that has been builtup so far.Making the offence under Secti<strong>on</strong> 498A IPC compoundable:13.2 The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> notes that the offence under Secti<strong>on</strong> 498A IPC is essentiallyfallout of strained matrim<strong>on</strong>ial relati<strong>on</strong>ship for which there might be various
c<strong>on</strong>siderati<strong>on</strong>s. Since there can be various causes leading to an offence underSecti<strong>on</strong> 498A, IPC and parties to the marriage could be resp<strong>on</strong>sible for the samein varying degrees, it would be appropriate if the remedy of compromise is keptopen to settle a matrim<strong>on</strong>ial dispute. In this c<strong>on</strong>text, the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> feels that incase of any marital discord which has reached the stage of a complaint underSecti<strong>on</strong> 498A, IPC, it would be better if the parties have the opti<strong>on</strong> of acompromise whereafter they can settle down in their lives appropriately for abetter future rather than diverting their energies negatively by pursuing litigati<strong>on</strong>.The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> recommends to the Government to c<strong>on</strong>sider whether theoffence under Secti<strong>on</strong> 498A,IPC can be made compoundable.13.3 Having recommended that the offence under Secti<strong>on</strong> 498A of IPCshould c<strong>on</strong>tinue to be cognizable and n<strong>on</strong>-bailable, the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> str<strong>on</strong>glyrecommends that the ill-effects and misuse of the present legal provisi<strong>on</strong>s isalso checked. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> fears that failure to do so might leave no opti<strong>on</strong>except to dilute the law by making the same n<strong>on</strong>cognizable and bailable. Inthis c<strong>on</strong>text, the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> recommends certain additi<strong>on</strong>al measures asc<strong>on</strong>tained in the succeeding paragraphs.Power to arrest:13.4 The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> feels that the offences under Secti<strong>on</strong> 498A IPC beingcognizable and n<strong>on</strong>-bailable, the police authorities have all powers to arrest thepers<strong>on</strong>(s) named in the complaint filed by the wife. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> notes that thewords ‘relative’ appearing in Secti<strong>on</strong> 498A IPC is ambiguous and as a result,anybody named in the complaint is liable to be arrested. As a first step to checkmisuse of provisi<strong>on</strong>s of Secti<strong>on</strong> 498A IPC, the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> recommends thatthe provisi<strong>on</strong>s of Secti<strong>on</strong> 498A IPC should be suitably modified so as to definethe term ‘relative’ which may exclude the arrest of small children and veryelderly people and also distantly related pers<strong>on</strong>s who might not have a role inthe commissi<strong>on</strong> of offence. Sec<strong>on</strong>dly, the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> would very much like tosee that the powers of arrest <strong>on</strong> such complaints are exercised carefully andcautiously. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> notes that advisories have been issued by theMinistry of Home Affairs to all State Governments/UT Administrati<strong>on</strong>s forpreventing the misuse of Secti<strong>on</strong> 498A IPC. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> would like theseguidelines to be followed and implemented strictly in letter and spirit by the
State Governments/UT Administrati<strong>on</strong>s. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> furtherrecommends that these guidelines should be adequately published by theState Governments/UT Administrati<strong>on</strong>s and displayed publically in policestati<strong>on</strong>s so that the public is aware of their rights/liabilities and is notharassed <strong>on</strong> account of ignorance of law.13.5 In this c<strong>on</strong>text, the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> appreciates that the States of Andhra Pradeshand Nati<strong>on</strong>al Capital Territory of Delhi have issued orders to regulate and restrictthe power to arrest under Secti<strong>on</strong> 498A IPC by prescribing that such arrests can bed<strong>on</strong>e <strong>on</strong>ly with the prior written approval of DCP/ DSP. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> findsmerit in this acti<strong>on</strong> and recommends that other State Governments/UTAdministrati<strong>on</strong>s should follow suite and arrests under Secti<strong>on</strong> 498A, IPCshould be d<strong>on</strong>e <strong>on</strong>ly with the written orders of the police officer of the level ofDCP or equivalent and for acceptable reas<strong>on</strong>s. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> recommendsthat the State Governments/UT Administrati<strong>on</strong>s may issue necessarydirecti<strong>on</strong>s in this regard. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> in this c<strong>on</strong>text further recommendsthat the State Governments/UT Administrati<strong>on</strong>s may also keep an eye <strong>on</strong> thenumber of complaints registered under Secti<strong>on</strong> 498A, IPC and the arrestsmade as follow up by calling periodic data from their police Department form<strong>on</strong>itoring whether the provisi<strong>on</strong>s of the law are not being misused. In casethe State Governments/UT Administrati<strong>on</strong>s fail to check the misuse therewould be no opti<strong>on</strong> left but to dilute the offence, the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> feels.Counselling and Mediati<strong>on</strong>:13.6 The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> is of the opini<strong>on</strong> that the process of counselling available insome States is very vague and not properly defined. There are instances where nocounselling was d<strong>on</strong>e to any of aggrieved party and they are forced to takerecourse to Secti<strong>on</strong> 498A of IPC. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> feels that the process ofcounselling has to be initiated prior to the invoking of provisi<strong>on</strong>s of Secti<strong>on</strong> 498A.The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> recommends that adequate provisi<strong>on</strong>s may be introduced inSecti<strong>on</strong> 498A to make the process of counselling compulsory before anyarrests are made. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> further advocates that professi<strong>on</strong>al andtrained family counselors should do the counseling in the Women’s Cell sothat frivolous cases are screened at the initial stage itself and Secti<strong>on</strong> 498A isinvoked in rare cases. The report of the counselling process may be submitted
to the c<strong>on</strong>cerned DCP or equivalent rank officer and <strong>on</strong>ly when thec<strong>on</strong>cerned officer is not satisfied with the results of the counselling,provisi<strong>on</strong>s of Secti<strong>on</strong> 498A may be invoked. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> also recommendsthat the process of counselling which is being handled by the PoliceDepartment should be developed professi<strong>on</strong>ally by involving qualifiedcounselors and reputed NGOs so that people have more c<strong>on</strong>fidence in themechanism and they could be approached for interventi<strong>on</strong> timely and arriveat some settlement without reaching the stage of complaint under Secti<strong>on</strong>498A, IPC. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> hopes that a professi<strong>on</strong>ally managed counsellingsystem would definitely be able to curtail the number of complaints underSecti<strong>on</strong> 498A.Time bound trial:13.7 The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> notes that the trial under Secti<strong>on</strong> 498A takes a very l<strong>on</strong>gtime to complete and if any party takes the matter to High Court/Supreme Court inappeal, husband and his relatives spend a significant porti<strong>on</strong> of their life inrunning around the courts. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> recommends that a provisi<strong>on</strong> maybe appropriately inserted under Code so that the offence under Secti<strong>on</strong> 498Amay be tried in the fast track courts with a mandate to deliver judgment intime bound manner.Check <strong>on</strong> false complaints:13.8 The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> expresses serious c<strong>on</strong>cern over the fact that misuse of theprovisi<strong>on</strong>s of Secti<strong>on</strong> 498A has increased insurmountable harassment, ag<strong>on</strong>y, painof the innocent relatives of husband and stigma attached due to such abuse of theprocess of law can not be wiped out in any manner. Whatever available remedy inthe criminal law or civil law available to the aggrieved party can be resorted to<strong>on</strong>ly after his/her suffering and after prol<strong>on</strong>g period of trial in the court of law.The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> feels that the Government should c<strong>on</strong>sider providing legalremedies for preventing filing of false complaints or complaints with ulteriormotive to harass the husband and his relatives under Secti<strong>on</strong> 498A. The<str<strong>on</strong>g>Committee</str<strong>on</strong>g> recommends that Secti<strong>on</strong> 498A be amended so as to provide forspecific penalty in case the complaint is found to be false or with some otherulterior motive. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> hopes that this would act as a deterrentbecause the complainant will be aware of the c<strong>on</strong>sequences which may follow
if the complaint is found to be false by the court, at any stage of theproceedings.Dowry and Registrati<strong>on</strong> of Marriage:13.9 The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> is c<strong>on</strong>cerned that dowry is at the root of most of thematrim<strong>on</strong>ial disputes. The country has a Dowry Prohibiti<strong>on</strong> Law since 1961 butthe same has failed to check effectively the menace of dowry. Even in case ofmatrim<strong>on</strong>ial dispute that lead towards filling of a complaint under Secti<strong>on</strong> 498A,IPC the issue of return of dowry items remain in the background during thec<strong>on</strong>tinuance of the criminal proceedings.13.10 The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> is of the c<strong>on</strong>sidered view that a str<strong>on</strong>g andeffective anti dowry law can go al<strong>on</strong>g way in curbing matrim<strong>on</strong>ial disputes.Accordingly, the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> recommends that the existing Dowry Prohibiti<strong>on</strong>Act, 1961 may be strengthened so that no dowry is given in marriage andwhatever gifts are exchanged in the marriage are listed out andacknowledged by the parties to the marriage in writing. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> feelsthat such a step by the Government would curb the dowry relatedmatrim<strong>on</strong>ial disputes which are substantial porti<strong>on</strong> of the whole lot ofdisputes.Juvenile in c<strong>on</strong>flict with law (Secti<strong>on</strong> 498A IPC):13.11 As per the data of NCRB as shared with the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> by the Nati<strong>on</strong>alCommissi<strong>on</strong> for Protecti<strong>on</strong> of Child Rights (NCPRB) children arrested underSecti<strong>on</strong> 498A of IPC during the period 2007-09 are 1007. Their arrest wasopposed by the Commissi<strong>on</strong> in their written submissi<strong>on</strong> as such acti<strong>on</strong>sc<strong>on</strong>travene the provisi<strong>on</strong>s stipulated in a special legislati<strong>on</strong>, i.e., Juvenile Justice(Care and Protecti<strong>on</strong> of Children) Act, 2000. As per sub-rule (2) (I) of Rule 3 ofJuvenile Justice (Care and Protecti<strong>on</strong>) Rules, 2007, a juvenile is presumed to beinnocent of any malafide or criminal intent up to the age of eighteen years.Further, n<strong>on</strong>-stigmatisati<strong>on</strong> principle enunciated under Rule 3, ibid prohibits arrestof juvenile to protect them from mental harassment in judicial custody. Thechildren in most of the criminal cases are victim of circumstances. Arrest bypolice or summ<strong>on</strong>ing them as witnesses to the police stati<strong>on</strong> for investigati<strong>on</strong>purpose also put mental harassment to the children. So, it is the impact not the
intent which matters most in the case of juvenile in c<strong>on</strong>flict with law. Suchchildren need to be counseled by the professi<strong>on</strong>al counselors. The IntegratedChild Protecti<strong>on</strong> Scheme (ICPS) also provides cadre of counselors to provideprofessi<strong>on</strong>al counseling service to the families for the care and protecti<strong>on</strong> ofchildren. The Family Court Act, 1984 objective of which is to promotec<strong>on</strong>ciliati<strong>on</strong> and speedy settlement of disputes relating to marriage and familyaffairs stipulates the service of counselors in the Act (Secti<strong>on</strong> 6). There are FamilyCounselling Centres (FCCs) run by N<strong>on</strong>-Governmental Organisati<strong>on</strong>s withfinancial assistance from Ministry of Women and Child Development throughCentral Welfare Board/ State Welfare Board. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> recommends thatservices of such professi<strong>on</strong>als trained family counselors may be utilized in theCrime Against Women Cell/Mahila Desk at every police stati<strong>on</strong> formediati<strong>on</strong>, c<strong>on</strong>ciliati<strong>on</strong> of c<strong>on</strong>flicts arising out of matrim<strong>on</strong>ial relati<strong>on</strong>shipbetween warring spouses which would also take care of custody, care andprotecti<strong>on</strong> of their children. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> reiterates that the recourse toSecti<strong>on</strong> 498A or arrest thereunder should not be taken before making anattempt for rec<strong>on</strong>ciliati<strong>on</strong> through the assistance of professi<strong>on</strong>al familycounselors.13.12 The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> notes with c<strong>on</strong>cern that the innocent children who are thevictims under Secti<strong>on</strong> 498A IPC are the worst sufferers. It badly affects theirupbringing. The children need the shelter, guardianship, love and affecti<strong>on</strong> fromboth mother and father as the parents are the source of inspirati<strong>on</strong> of the child.The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> recommends that there is a need to ensure that provisi<strong>on</strong> ofSecti<strong>on</strong> 498A should not be invoked in case of juveniles. However in case ofany aberrati<strong>on</strong>s, the police must ensure that the children are put under thecare of Child Welfare <str<strong>on</strong>g>Committee</str<strong>on</strong>g> which would arrange for counselling andinterim care of the children in child friendly envir<strong>on</strong>ment.
MINUTE OF DISSENT30th August, 2011ToChairman,Standing <str<strong>on</strong>g>Committee</str<strong>on</strong>g> <strong>on</strong> Petiti<strong>on</strong>s,<strong>Rajya</strong> <strong>Sabha</strong>Respected Sir,I would like to submit some observati<strong>on</strong>s to the draft report of petiti<strong>on</strong> ofSecti<strong>on</strong> 498A of IPC. I have g<strong>on</strong>e through the draft report and I do not agree withsome of the recommendati<strong>on</strong>s. Accordingly, I am submitting herewith my note ofdissent <strong>on</strong> succeeding paras for incorporati<strong>on</strong> in the report:-1. Para 13.2: Though the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> knows that the incident of false cases <strong>on</strong>account of fact or law are limited to 10% of the cases registered under 498A IPC,even the NCW has detailed that cases which are compromised or settled are oftenlisted as mistaken <strong>on</strong> account of fact. I feel that making the law compoundablewill result in extreme pressure being put <strong>on</strong> the complainant/petiti<strong>on</strong>er towithdraw her complaint/case. The kind of pressure that is put <strong>on</strong> women towithdraw criminal cases is also evident in other crimes against women like rape,molestati<strong>on</strong> etc. In any event since women are the more vulnerable partners in amarriage, making 498A compoundable will result in them being coerced andpersuaded to withdraw even genuine cases. I disagree with the observati<strong>on</strong> thatwomen and their families have tendency to rope in as many relatives of thehusband’s family as they can. I feel that there is no basis for assuming that womenare widely abusing the process of law. It is well known that cases of 498A whichget settled out of court are readily quashed by the High Court. At the lower level ifevidence is not given then cases again fall through. In a number of casescompromise and rec<strong>on</strong>ciliati<strong>on</strong> takes place and nobody has complained that theyare unable to rec<strong>on</strong>cile because of this law. I firmly believe that 498A a mustremain n<strong>on</strong>-compoundable.2. Para 13.5: The experience related by women’s organizati<strong>on</strong>s and groupsclearly shows that the police are extremely reluctant to proceed with a case under
Secti<strong>on</strong> 498A and that arrests take place in a very miniscule number of cases. Ifany recommendati<strong>on</strong> regarding prior permissi<strong>on</strong> to arrests is made this will goagainst women who are victims of criminal violence. Even in heinous cases ofSecti<strong>on</strong> 498A in which violence has taken place no arrests will be made leavingthe husband and or member of his family free to c<strong>on</strong>tinue to torture the woman. Ifeel it is important to point out that Secti<strong>on</strong>s 498A is the <strong>on</strong>ly Secti<strong>on</strong> in the IPCwhich deals with marital violence. The violence can be <strong>on</strong> account of dowry butmay also be violence unrelated to dowry as Secti<strong>on</strong> 498A clearly states “anywillful c<strong>on</strong>duct which is of such a nature as is likely to drive the woman tocommit suicide or - to cause grave injury or danger of lie, limb or health, whethermental or physical of the woman” would amount to an offence. Thus this Secti<strong>on</strong>covers physical beatings/battery/violence and the police in a given case may berequired to arrest immediately. I feel if the mandatory permissi<strong>on</strong> of the DCP is tobe taken before arrest in many cases it will be counterproductive.3. Para 13.6: As far as mediati<strong>on</strong> and counselling is c<strong>on</strong>cerned, no provisi<strong>on</strong>sneed to be introduced in Secti<strong>on</strong> 498A to make the process of counsellingcompulsory. Even in cases of persistent or extreme violence the women is oftencounselled and pressurized to return to the marital home or to withdraw or settlethe case <strong>on</strong> terms unfavourable to her. If such a provisi<strong>on</strong> is added it will result inintimidating even tortured women/victims from taking recourse to law.4. Para 13.8: I do not support the provisi<strong>on</strong> that if a complaint is found to befalse by the court the complainant should be punished. If a complaint is notproved it cannot be stated to be false. In fact in a number of criminal casesbecause of lackadaisical investigati<strong>on</strong> and n<strong>on</strong> collecti<strong>on</strong> of relevantfacts/statements/documents etc. the case does not get proved. In such cases itwould be absurd and highly unjust to say that these cases are false. Even thecriminal law provides for the manner in which acti<strong>on</strong> can be taken against falsecases and no further provisi<strong>on</strong> is necessary.5. Paras 13.11 & 13.12: While I agree that a juvenile should not be arrested forcommitting an offence under Secti<strong>on</strong> 498A IPC, I feel that the <str<strong>on</strong>g>Committee</str<strong>on</strong>g>’srecommendati<strong>on</strong>s are mixing the issue of custody, care and protecti<strong>on</strong> of thechildren of the parties with Secti<strong>on</strong> 498A. A child who is in c<strong>on</strong>flict with the lawand has committed an offence under 498A will of course have to go through the
process outlined in the Juvenile Justice Act. I do not feel that if a womancomplains then the Child Welfare <str<strong>on</strong>g>Committee</str<strong>on</strong>g> should step in a manner that it maybe aband<strong>on</strong>ed, lost, neglected or abused children. The questi<strong>on</strong> of custody willhave to be decided by the guardianship/custody or designated courts in this behalf.While children need both the parents, women/mothers who are gravely injuredand wish to pursue complaints should not be forced/compelled by any mandatoryprovisi<strong>on</strong> to rec<strong>on</strong>cile by professi<strong>on</strong>al counsellors guided mainly by the c<strong>on</strong>cernof children. Such a provisi<strong>on</strong> would effectively ensure that women with childrenwould be additi<strong>on</strong>ally compelled by the State to withdraw their complaints.Thanking you,Sd/-(P. Rajeeve)
APPENDIX-IPETITION SIGNED BY DR.ANUPAMA SINGH, A RESIDENT OFNEW DELHI PRAYING FORAMEND-MENTS IN SECTION 498AOF INDIAN PENAL CODE, 1860
July 7th, 2008To:The Council of States (<strong>Rajya</strong> <strong>Sabha</strong>)The petiti<strong>on</strong> of Dr. Anupama Singh, a medical doctor and a resident of HauzKhas, New Delhi.Sheweth,1. That Secti<strong>on</strong> 498A was inserted in Indian Penal Code in 1983 to protectmarried Indian women from cruelty, including dowry harassment. Theoffence under this secti<strong>on</strong> is cognizable, n<strong>on</strong>-bailable, n<strong>on</strong>-compoundablewith provisi<strong>on</strong> to lodge a complaint against the husband or any relative ofthe husband of the woman. The secti<strong>on</strong> reads as hereunder:"Whoever, being the husband or the relative of the husband of a woman,subjects such woman to cruelty shall be punished with impris<strong>on</strong>ment for aterm which may extend to three years and shall also be liable to fine."2. That Secti<strong>on</strong> 498A of Indian Penal Code is being fearlessly abused andmisused by a large secti<strong>on</strong> of unscrupulous people, who are using law as aweap<strong>on</strong> for ulterior motives.3. That the abused populati<strong>on</strong> is undergoing tremendous harassment andtorture, which includes atrocities inflicted <strong>on</strong> senior citizens, children,women (including pregnant women) and men.4. That there is an urgent need to address the issue of abuse of this law as interalia the ramificati<strong>on</strong>s of its abuse are far more damaging than the lawmakers had ever c<strong>on</strong>ceived :(a)This law is being misused rampantly by unprincipled people. Andgiven the time tested benefits it has reaped for them, its abuse is nowwidespread. Infact the gravity of the situati<strong>on</strong> can be assessed fromthe fact that there are several cases of dowry death wherein thesupposedly 'dead victims' have come back alive, and several cases
where the same woman has repeatedly alleged charges under this lawin each of her repeat marriages.(b)(c)(d)(e)(f)(g)This law is being misused by women to enable a get-rich.quickschemeto extort large amounts of m<strong>on</strong>ey from innocent families.Women, their parents and instigators have used this law to extendthreats and hold innocent families to ransom, thereby pressurizingthem to accede to unjustified demands.This law is being misused by women to alienate the husband from hisparents and siblings, so as to gain c<strong>on</strong>trol over his finances and socialbehaviour including his lifestyle. Growing instances of abusivebehaviour towards elderlies in families, including parents and seniorcitizens, are another ramificati<strong>on</strong> of its abuse.This law is also rampantly misused by those brides and her parentswho c<strong>on</strong>ceal true facts about her mental health and educati<strong>on</strong>al levelat the time of marriage, thereby adopting fraudulent means to forgethe alliance. When these facts are unearthed by the groom and hisfamily, the bride and her family prefer to take recourse to Secti<strong>on</strong>498A of IPC.This law is being misused as a bargaining tool by those women whoindulge in Adultery. When their nefarious acts are exposed they takerecourse to misusing this law, thereby deflecting the needle of crime<strong>on</strong> innocent husband and his family. This law being an excepti<strong>on</strong> inCriminal law presumes the accused as guilty until proven innocent,hence the woman's word is taken as a gospel of truth. And therefrombegins the saga of unending trials, tribulati<strong>on</strong>s and destructi<strong>on</strong> for aninnocent man and his family.The law is being misused to enable divorce so as to revive any premaritalrelati<strong>on</strong>ship that the wife may have had as she may haveunwillingly given her c<strong>on</strong>sent for marriage to satisfy her parents.The law is being misused to deny custody of child/children to thefather and his family. Intact several cases abound where children have
een wr<strong>on</strong>gfully deprived of fatherly care and affecti<strong>on</strong> through suchindiscriminate, rampant misuse of this law.(h)(i)This law is being misused to inflict sufferings <strong>on</strong> husband and hisfamily to settle scores and to wreak vengeance, thereby posing a gravethreat to the very existence of a peaceful family unit in society. law isto protect, not to destruct. law is as much for protecting the innocentas it is to punish the guilty.The language, c<strong>on</strong>tent and structure of this law has enabledimplicati<strong>on</strong> of thousands of innocent families in false cases. Acomplaint, without any authenticity and without any weight ofevidence, is enough to arrest the husband, in-laws and any<strong>on</strong>e elsenamed in the complaint, irrespective of whether a crime occurred ornot This has led to arrest of lakhs of innocent citizens (thousands offamilies), with many committing suicide as they are unable to bear theindelible stigma <strong>on</strong> their h<strong>on</strong>or and reputati<strong>on</strong>.5. That the following statistics corroborate the above c<strong>on</strong>tenti<strong>on</strong> of thepetiti<strong>on</strong>er:5,01,020 people arrested under Secti<strong>on</strong> 498A of IPC2,94,147 people completed trial under Secti<strong>on</strong> 498A of IPC58,842 people c<strong>on</strong>victed (out of this many must have appealed tohigher courts)Source: NCRB (2003-2006), Ministry of Home Affairs, Government of India.6. That misuse of Secti<strong>on</strong> 498A of IPC has been acknowledged / c<strong>on</strong>demnedby leading authorities:(a)(b)The Supreme Court of India in Sushil Kumar Sharma vs. U.O.I.(2005) said that any misuse of this provisi<strong>on</strong> of law amounts tounleashing legal Terrorism. It acknowledged that there are growinginstances of women filing false charges.The World Health Organizati<strong>on</strong> (WHO), in its Report <strong>on</strong> India clearlycited Secti<strong>on</strong> 498A as <strong>on</strong>e of the major reas<strong>on</strong>s for growing ElderAbuse in India.
(c)(d)The law Commissi<strong>on</strong> in its 154th Report, the Malimath <str<strong>on</strong>g>Committee</str<strong>on</strong>g>Report (<strong>on</strong> Reforms of Criminal Justice System, 2003) and the 111thReport of the Parliamentary Standing <str<strong>on</strong>g>Committee</str<strong>on</strong>g> <strong>on</strong> Home Affairs,have all acknowledged that Secti<strong>on</strong> 498A is being widely misused.The Center for Social Research (India), in a study <strong>on</strong> implicati<strong>on</strong>s ofSecti<strong>on</strong> 498A IPC states that "educated and independent mindedwomen misuse the secti<strong>on</strong>".7. That there is no remedy / provisi<strong>on</strong> in this law:(a)(b)(c)(d)(e)(f)(g)(h)(i)for punishment to people who misuse and abuse this lawfor people who are proved innocent after being falsely implicatedunder this lawfor the indelible stigma that falsely accused people are forced to livewith for the rest of their livesfor the immense financial, social and pers<strong>on</strong>al loss borne by thefalsely accusedfor resurrecting the lives of falsely accused and maligned peoplefor discouraging people from filing false casesfor punishment to guilty and corrupt law enforcement agencies whoc<strong>on</strong>nive and collude with complainants to harass and torture thefalsely accusedfor preventing the media from maligning and defaming the falselyaccused innocentsfor citizens to file complaints against women who inflict cruelties andatrocities <strong>on</strong> them and their family members8. That the Supreme Court of India in Sushil Kumar Sharma vs. U.O.I. &others (JT 2005 (6) SC 266) clearly said that it is for the legislature to findways <strong>on</strong> how to deal with misuses of this law as well as <strong>on</strong> how to wipe outthe ignominies suffered during and after the trial by the falsely accused.
9. That the petiti<strong>on</strong>er, therefore, prays for remedy to mitigate the sufferings oflakhs of Indian citizens, who through this law, have been uncerem<strong>on</strong>iouslyexposed to the whims and fancies of corrupt, immoral, unprincipled secti<strong>on</strong>of society, who for their own pers<strong>on</strong>al agendas do not hesitate incommitting the worst possible crime under law, which is Misuse of Law. Itis therefore prayed:(a)(b)(c)(d)(e)that Secti<strong>on</strong> 498A be suitably amended so as to make it bailable, n<strong>on</strong>cognizable,and compoundable.that suitable provisi<strong>on</strong>s be specifically inserted in Secti<strong>on</strong> 498A so asto make it punishable for whosoever misuses or abuses it.that the misuser of this law should be made liable to compensate thefinancial loss suffered by the falsely accused in the process.that the law be made gender neutrall to protect the interests of anyinnocent, be it a man or a woman.that time bound trial should be made a statutory requirement underthis law, with a 6 m<strong>on</strong>th maximum limit specified therein.Name of Petiti<strong>on</strong>er Address SignatureDr. Anupama Singh D-40, Hauz Khas Sd/-New Delhi -110016
APPENDIX-IIF .No.3/5/2008-JudI.CellGovernment of India/Bharat SarkarMinistry of Home Affairs/Grih Mantralaya--------Office MemorandumJaisalmer House, Man Singh Road,New Delhi -110011.November 25, 2009Subject:-Petiti<strong>on</strong> for amendment to secti<strong>on</strong> 498A of IPC--------The undersigned is directed to refer to <strong>Rajya</strong> <strong>Sabha</strong> <strong>Secretariat</strong> letterNo.RS.6(59)/2008-Com.1I dated 31st July, 2008, <strong>on</strong> the subject cited above andto say that the thrust of the petiti<strong>on</strong> is related to misuse of secti<strong>on</strong> 498A of IPC(Husband or relative of husband of a women subjecting her to cruelty).2. As the matter is in the c<strong>on</strong>current list of the Seventh Schedule of theC<strong>on</strong>stituti<strong>on</strong> of India, the comments of the State Governments/Uni<strong>on</strong> TerritoryAdministrati<strong>on</strong>s were also sought in the matter. The comments of the Governmentof Arunachal Pradesh, Chhattisgarh, Goa, Haryana, Madhya Pradesh, Meghalaya,Rajasthan, Sikkim, Tripura, Uttarakhand, Andaman and Nicobar Islands, NCT ofDelhi, Chandigarh, Daman and Diu and Lakshadweep have been received so far.Comments of the State-Governments/UT Administrati<strong>on</strong>s are enclosed.3. Comments/views of the Ministry of Women and Child Development werealso sought in the matter. That Ministry was of the view that the importantlegislati<strong>on</strong>s such as Secti<strong>on</strong> 498A IPC, Dowry Prohibiti<strong>on</strong> Act 1961 andProtecti<strong>on</strong> of Women from Domestic Violence Act, 2005 which provideprotecti<strong>on</strong> and legal remedies to women should not be tinkered with. As these arespecial laws governing the same subject matter, these laws need to be harm<strong>on</strong>izedand uniformly implemented. At the same time, if some set procedures arefollowed, its misuse may be curtailed. Therefore, they suggested that:-
(i)(ii)In order to bring an end to the misuse of these Acts, it would beadvisable if MHA issue advisories to the State Governments tocomply with procedure as laid down in D.K.Basu's case.Mahila desks may be created at Police Stati<strong>on</strong>s and 'Crime AgainstWomen Cell' may be created at least at the district level which couldspecifically cater to complaints made by women.(iii) In cases of matrim<strong>on</strong>ial disputes, it is recommended that the firstrecourse should be to effect c<strong>on</strong>ciliati<strong>on</strong> and mediati<strong>on</strong> between thewarring spouses and their families and recourse to filing charges U/S498A IPC may be resorted to in cases where such c<strong>on</strong>ciliati<strong>on</strong> failsand there appears a prima facie case under secti<strong>on</strong> 498A and otherlaws. The Counselling mechanisms envisaged under PWDV Act,2005 should be implemented by State Government and anycounselling of parties should be d<strong>on</strong>e <strong>on</strong>ly by professi<strong>on</strong>ally qualifiedcounsellors and not by the police. The police may c<strong>on</strong>siderempanelling professi<strong>on</strong>al counsellors with the CAW Cell.4. The Law Commissi<strong>on</strong> in its 154th Report has recommended that the offenceunder secti<strong>on</strong> 498A IPC be inserted in the Table under sub-secti<strong>on</strong> (2) of secti<strong>on</strong>320, whereby it can be compounded with the permissi<strong>on</strong> of the Court. TheMalimath <str<strong>on</strong>g>Committee</str<strong>on</strong>g> <strong>on</strong> Reforms of Criminal Justice System has alsorecommended that the offence under secti<strong>on</strong> 498A IPC be made bailable andcompoundable. In the light of the aforesaid recommendati<strong>on</strong>s and some judicialpr<strong>on</strong>ouncements, an attempt was made earlier to amend the secti<strong>on</strong> to make theoffence compoundable. However, this could not be pursued because of theoppositi<strong>on</strong> from many c<strong>on</strong>cerned bodies.5. As a number of representati<strong>on</strong>s have been received suggesting amendmentin the said secti<strong>on</strong>, the matter has been referred to the Law Commissi<strong>on</strong> to studythe usage of this provisi<strong>on</strong> and hold c<strong>on</strong>sultati<strong>on</strong> and suggest amendment, if any,to the provisi<strong>on</strong>. The views of the Law Commissi<strong>on</strong> are awaited.6. Since amending the law at this stage is likely to be opposed again by thewomen organizati<strong>on</strong>s, advisory has been issued to the State Governments <strong>on</strong> lines
suggested by the Ministry of Women and Child Development. A copy of the sameis enclosed.Sd/-(Mohinder Singh)Director (Judl.)Te1.No.23074185
<strong>Rajya</strong> <strong>Sabha</strong> <strong>Secretariat</strong>,[Shri Tapan Chatterjee, Joint Secretary]Parliament Hosue Annexe,New Delhi.No. 3/5/2008-Judl. CellGovernment of India/Bharat SarkarMinistry of Home Affairs/Grih Mantralaya.....Jaisalmer House, Man Singh Road,New Delhi - 110 011.ToOctober 20, 2009The Chief Secretaries of State Governments/Uni<strong>on</strong> TerritoryAdministrati<strong>on</strong>s(As per list attached)Subject: - Misuse of Secti<strong>on</strong> 498A of IPC- regardingSir,'Criminal law' and 'criminal procedure' are in the C<strong>on</strong>current List of 7thSchedule to the C<strong>on</strong>stituti<strong>on</strong> of India. Both Parliament as well as State legislaturesare competent to enact laws in regard to these matters. However, enforcement andimplementati<strong>on</strong> of the laws made under these provisi<strong>on</strong>s is the domain of the StateGovernments.2. The scourge of dowry crimes has been prevalent in the Indian society for al<strong>on</strong>g time and nasty manifestati<strong>on</strong>s of crimes relating to dowry as instances ofcruelty to married women have been coming up time and again. Serious c<strong>on</strong>cernwas expressed by all right-thinking pers<strong>on</strong>s of the country including severalwomen's organizati<strong>on</strong>s, social workers and even law courts about this cruelty. Asa c<strong>on</strong>sequence thereof, Secti<strong>on</strong> 498A was incorporated in the Indian Penal Codein the year 1983 to provide for adequate punishment for any cruelty inflicted <strong>on</strong> a
married woman by the husband and his relatives. The punishment is impris<strong>on</strong>mentfor three years and fine. The offence is cognizable as well as n<strong>on</strong>-bailable.3. The Secti<strong>on</strong> reads as follows :-"498A. Whoever, being the husband or the relative of the husband of awoman, subjects such woman to cruelty shall be punished withimpris<strong>on</strong>ment for a term which may extend to three years and shall also beliable to fine."Explanati<strong>on</strong> - For the purposes of this secti<strong>on</strong>, 'cruelty' means –(i)(ii)any willful c<strong>on</strong>duct which is of such a nature as is likely to drive thewoman to commit suicide or to cause grave injury or danger to life,limb or health (whether mental or physical) of the woman; orharassment of the woman where such harassment is with a view tocoercing her or any pers<strong>on</strong> related to her to meet any unlawfuldemand for any property or valuable security or is <strong>on</strong> account offailure by her or any pers<strong>on</strong> related to her to meet such demand".4. The objective of inserting Secti<strong>on</strong> 498A was to protect women beingsubjected to cruelty by the husband or his relatives. The 'explanati<strong>on</strong>' added to theSecti<strong>on</strong>, has tried to define what 'cruelty' would in such circumstances, mean.5. While the initial reacti<strong>on</strong> to inserti<strong>on</strong> of Secti<strong>on</strong> 498A was more or lesswelcome, of late, representati<strong>on</strong>s have been received by the Government allegingmisuse of the provisi<strong>on</strong>s of the Secti<strong>on</strong>. In some cases, every member of thehusband's household has been arrested irrespective of whether they had a role ininflicting cruelty <strong>on</strong> the married woman or not. In some cases, the provisi<strong>on</strong>s havebeen used to settle pers<strong>on</strong>al scores: Cases have been reported where momentaryanger has resulted in invocati<strong>on</strong> of Secti<strong>on</strong> 498A, which resulted in the arrest ofthe members of the family shutting down any possibility of rec<strong>on</strong>ciliati<strong>on</strong> infuture and a total collapse of the marriage. Even where there is a divorceproceeding, the case under Secti<strong>on</strong> 498A c<strong>on</strong>tinues to persist because of theoffence being n<strong>on</strong>-compoundable.
6. The Delhi High Court in the case of Savitri Devi Vs. Ramesh Chand andothers (Criminal Revisi<strong>on</strong> No.462 of 2002) have examined secti<strong>on</strong> 498A atlength. The Court am<strong>on</strong>g other things observed as follows:–"Before parting, I feel c<strong>on</strong>strained to comment up<strong>on</strong> the misuse of theprovisi<strong>on</strong>s of Secti<strong>on</strong> 498A/406 IPC to such an extent that it is hitting at thefoundati<strong>on</strong> of marriage itself and has proved to be not so good for the healthof the society at length. To leave such a ticklish and complex aspect ofpropositi<strong>on</strong> as to what c<strong>on</strong>stitutes 'marital cruelty' and 'harassment' to invokethe offences punishable under secti<strong>on</strong>s 498A/406 IPC to lower functi<strong>on</strong>ariesof police like Sub Inspectors or Inspectors whereas some times even courtsfind it difficult to come to the safer c<strong>on</strong>clusi<strong>on</strong> is to give the tools in thehands of bad and unskilled masters.This Court has dealt with thousands of cases and matters relating todowry deaths and cases registered under Secti<strong>on</strong> 498A/406/306 IPC arisingout of domestic violence, harassment of women <strong>on</strong> account of inadequatedowry or coerci<strong>on</strong> of the woman for not fulfilling the demand of dowry andhundred of divorce cases arising therefrom. Experience is not so happy noris implementati<strong>on</strong> or enforcement of these laws is anything but satisfactoryor punctilious.These provisi<strong>on</strong>s were though made with good intenti<strong>on</strong>s but theimplementati<strong>on</strong> has left a very bad taste and the move has been counterproductive. There is a growing tendency am<strong>on</strong>gst the women which isfurther perpetuated by their parents and relatives to rope in each and everyrelative including minors and even school going kids nearer or distantrelatives and in some cases against every pers<strong>on</strong> of the family or thehusband whether living away or in other town or abroad and married,unmarried sisters, sister-in-Iaws, unmarried brothers, married uncles and insome cases grand-parents or as many as 10 to 15 or even more relatives ofthe husband. Once a complaint is lodged under Secti<strong>on</strong> 498A/406 IPCwhether there are vague, unspecific or exaggerated allegati<strong>on</strong>s or there is noevidence of any physical or mental harm or injury inflicted up<strong>on</strong> womanthat is likely to cause grave injury or danger to life, limb or health, it comesas an easy tool in the hands of Police and agencies like Crime Against
Women Cell to hound them with the threat of arrest making them run hereand there and force them to hide at their friends or relatives houses till theyget anticipatory bail as the offence has been made cognizable and n<strong>on</strong>bailable.Thousands of such complaints and cases are pending and are beinglodged day in and day out.These provisi<strong>on</strong>s have resulted into large number of divorce cases aswhen <strong>on</strong>e member of the family is arrested and sent to jail without anyimmediate reprieve of bail, the chances of salvaging or surviving themarriage recede into background and marriage for all practical purposesbecomes dead." (J.D. Kapoor J).7. Justice Arijit Pasayat of the Supreme Court in the Judgment <strong>on</strong> a WritPetiti<strong>on</strong> (Civil) No.141 of 2005 - Sushil Kumar Sharma vs. Uni<strong>on</strong> of India andothers has observed as follows."The object of secti<strong>on</strong> 498A is to prevent the dowry menace. But as hasbeen rightly c<strong>on</strong>tended by the petiti<strong>on</strong>er many instances have come to lightwhere the complaints are not b<strong>on</strong>afide and have been filed with obliquemotive. In such cases acquittal of the accused does not in all cases wipe outthe ignominy suffered during and prior to trial. Sometimes adverse mediacoverage adds to the misery. The questi<strong>on</strong>, therefore, is what remedialmeasures can be taken to prevent abuse of the well-intenti<strong>on</strong>ed provisi<strong>on</strong>.Merely because the provisi<strong>on</strong> is c<strong>on</strong>stituti<strong>on</strong>al and intra virus, does not givea license to unscrupulous pers<strong>on</strong>s to wreak pers<strong>on</strong>al vendetta or unleashharassment. It may, therefore, become necessary for the legislature to findout ways how the makers of frivolous complaints or allegati<strong>on</strong>s can beappropriately dealt-with':8. The Supreme Court has in <strong>on</strong>e case opined that no arrest need be made <strong>on</strong>lybecause it is Iawful for the police officer to do so. The police officer must be ableto justify the arrest apart from his power to do so. No arrest should be made in aroutine manner <strong>on</strong> a mere allegati<strong>on</strong> of commissi<strong>on</strong> of an offence made against apers<strong>on</strong>.9. In the light of the above judicial pr<strong>on</strong>ouncements, an attempt was madeearlier to find a via media by amending this Secti<strong>on</strong> to make the offence
compoundable. However, this could not be pursued because of the oppositi<strong>on</strong>from women organisati<strong>on</strong>s.10. Further, the views of the Ministry of Women and Child Development <strong>on</strong> theissues are that the important legislati<strong>on</strong>s such as Secti<strong>on</strong> 498A IPC, DowryProhibiti<strong>on</strong> Act 1961 and Protecti<strong>on</strong> of Women from Domestic Violence Act,2005 which provide protecti<strong>on</strong> and legal remedies to women should not betinkered with. As these are special laws governing the same subject matter, theselaws need to be harm<strong>on</strong>ized and uniformly implemented. At the same time, ifsome set procedures are followed, misuse of laws may be curtailed.11. Since amending the law at this stage is likely to be opposed again, in orderto lay to rest the allegati<strong>on</strong> of misuse of Secti<strong>on</strong> 498A of IPC, the StateGovernments are requested kindly:(a)(b)(c)To comply with the procedure as laid down in D.K. Basu's case. TheH<strong>on</strong>'ble Supreme Court in its judgement dated 18.12.96 in CRL CWPNO.539/86 - D.K. Basu vs. State of West Bengal has stated that thepower of arrest without a warrant should be exercised <strong>on</strong>ly after areas<strong>on</strong>able satisfacti<strong>on</strong> is reached, after some investigati<strong>on</strong>, as to thegenuineness and b<strong>on</strong>afides of a complaint and a reas<strong>on</strong>able belief asto both the pers<strong>on</strong>'s complicity as well as the need to effect arrest.Therefore in any matrim<strong>on</strong>ial dispute it may not be necessary in allcases to immediately exercise the powers of arrest. Recourse may beinitially taken to dispute settlement mechanism such as c<strong>on</strong>ciliati<strong>on</strong>,mediati<strong>on</strong>, counselling of the parties etc.Mahila desks may be created at Police Stati<strong>on</strong>s and 'Crime AgainstWomen Cell' may be created at least at the district level which couldspecifically cater to complaints made by women.In cases of matrim<strong>on</strong>ial disputes, the first recourse should be to effectc<strong>on</strong>ciliati<strong>on</strong> and mediati<strong>on</strong> between the warring spouses and theirfamilies and recourse to filing charges U/S 498A IPC may be resortedto in cases where such c<strong>on</strong>ciliati<strong>on</strong> fails and where there appears aprima facie case under secti<strong>on</strong> 498A and other lows. The Counsellingmechanisms envisaged under PWDV Act 2005 should be instituted byState Government and any counselling of parties should be d<strong>on</strong>e <strong>on</strong>ly
y professi<strong>on</strong>ally qualified counsellors and not by the police. Thepolice may c<strong>on</strong>sider empanelling professi<strong>on</strong>al counsellors with theCAW Cell.12. All the State Governments/UT Administrati<strong>on</strong>s are requested to takeeffective measures in the light of the directi<strong>on</strong>s/orders issued by the Courts andadvisories issued by the Government of India from time to time to put to rest theallegati<strong>on</strong>s of misuse of secti<strong>on</strong> 498A of IPC.13. The receipt of this letter may please be acknowledged.Yours faithfullySd/-(Shashi Bhushan)Joint Secretary (Judicial)Ph. 23385020
F.No. 19-1/2009-WWGovernment of IndiaMinistry of Women and Child Development WWW Secti<strong>on</strong>APPENDIX-IIIRESPONSE OF MINISTRY OF WOMEN AND CHILD DEVELOPMENTON PETITION PRAYING FOR AMENDMENTS TOSECTION 498A INDIAN PENAL CODEAbout Secti<strong>on</strong> 498A IPCThe scourge of dowry crimes has been prevalent in Indian society for a l<strong>on</strong>gtime and nasty manifestati<strong>on</strong>s of crimes relating to dowry as instances of crueltyto married women have been coming up time and again. Serious c<strong>on</strong>cern wasexpressed by all right-thinking pers<strong>on</strong>s of the country including several women'sorganizati<strong>on</strong>s social workers and even law courts about this cruelty. As ac<strong>on</strong>sequence thereof, Secti<strong>on</strong> 498A was incorporated in the Indian Penal Code inthe year 1983 to provide for adequate punishment for any cruelty inflicted <strong>on</strong> amarried woman by the husband and his relatives. The punishment is impris<strong>on</strong>mentfor three years and fine. The offence is cognizable as well as n<strong>on</strong>-bailable.The objective of inserting Secti<strong>on</strong> 498A was to protect women beingsubjected to cruelty by the husband or his relatives. The 'explanati<strong>on</strong>' added to theSecti<strong>on</strong>, has tried to define what 'cruelty' would in such circumstances, mean. Forthe purpose of this secti<strong>on</strong>, cruelty means:(i)(ii)Any willful c<strong>on</strong>duct which is of such a nature as is likely to drive thewoman to commit suicide or to cause grave injury or danger to life,limb or health (whether mental or physical) of the woman; orHarassment of the woman where such harassment with the view tocoercing her or any pers<strong>on</strong> related to her to meet any unlawfuldemand for any property or valuable security or is <strong>on</strong> account offailure by her or any pers<strong>on</strong> related to her to meet such demand.Over time, representati<strong>on</strong>s have been received by the Government allegingmisuse of the provisi<strong>on</strong>s of the Secti<strong>on</strong>. After examining such representati<strong>on</strong>s inc<strong>on</strong>sultati<strong>on</strong> with the Nati<strong>on</strong>al Commissi<strong>on</strong> for Women, the Ministry of Women
and Child Development c<strong>on</strong>veyed to the Ministry of Home Affairs that Secti<strong>on</strong>498A IPC and other laws such as Dowry Prohibiti<strong>on</strong> Act and Domestic ViolenceAct are important legislati<strong>on</strong>s which provide protecti<strong>on</strong> and legal remedies towomen and these should not be tinkered with and at the same time, if some setprocedures are followed, its misuse may be curtailed. Ministry of Home Affairswas further informed in September, 2008 that it would be advisable if they issueadvisories to the State Governments to comply with the procedure as laid down bythe H<strong>on</strong>'ble Supreme Court in its Judgment dated 18.12.1996. Accordingly, theMinistry of Home Affairs vide their letter dated 20.10.2009 sent an advisory to allthe State Government/UT Administrati<strong>on</strong>s <strong>on</strong> misuse of Secti<strong>on</strong> 498A. Thisadvisory emphasised <strong>on</strong> the following:Power to arrest without warrant should be exercised <strong>on</strong>ly afterreas<strong>on</strong>able satisfacti<strong>on</strong> as to b<strong>on</strong>a fides of a complaint;In matrim<strong>on</strong>ial disputes, it may not be necessary to exerciseimmediate power of arrest but to attempt recourse to other disputesettlement mechanisms;Recourse to filing charges under Secti<strong>on</strong> 498A IPC may be resorted towhere c<strong>on</strong>ciliati<strong>on</strong> fails and where there appears a prima facie caseunder the provisi<strong>on</strong> or other laws. Counselling should be c<strong>on</strong>ductedby professi<strong>on</strong>al trained counsellors and not the police. The mechanisminstituted under PWDVA may be used for this purpose.In additi<strong>on</strong> the Cr. PC, under Secti<strong>on</strong> 41, provides for "when police mayarrest without warrant". This provisi<strong>on</strong> gave a police officer the discreti<strong>on</strong> toarrest any pers<strong>on</strong> <strong>on</strong> commissi<strong>on</strong> of a cognizable offence or <strong>on</strong> the basis of areas<strong>on</strong>able complaint or reas<strong>on</strong>able suspici<strong>on</strong> in this regard. However, Secti<strong>on</strong> 41has now been amended vide the Criminal Procedure Code (Amendment) Actsof 2008 and 2010, to restrict this discreti<strong>on</strong>ary power of the police. As per theamendments, an arrest without warrant in case of a reas<strong>on</strong>able complaint orreas<strong>on</strong>able suspici<strong>on</strong> can <strong>on</strong>ly be made under certain specific circumstances whichhave been enumerated.Situati<strong>on</strong>al Analysis
As per the Nati<strong>on</strong>al Crime Records Bureau, there has been a steadyincrease in the number of cases under Secti<strong>on</strong> 498A IPC. In the year 2009 al<strong>on</strong>e,a total of 89,546 cases were registered under this secti<strong>on</strong>, which is an increase ofover 10% from the previous year.The data shows that in 2009, pendency of cases was high at 86.3%(2,78,921 out of a total 3, 23,355 cases). The cases disposed of (in which trial wascompleted) were <strong>on</strong>ly 11.5% (37,323 cases). Of this, c<strong>on</strong>victi<strong>on</strong>s took place in19.8% (7380) of the cases of the total 3,23,355 cases was 2.2% (7,111) werecompounded or withdrawn.Further, as per the NCRB, in 2009, of the cases in which investigati<strong>on</strong> wascompleted by the police, charge sheets were submitted in about 85% of caseswhile final report true was submitted in about 5% cases filed under Secti<strong>on</strong> 498AIPC. This indicates that prima facie close to 90% of the complaints had meritwhile 10% of the cases, charge was found to be false/there was mistake of law orfact. It is significant that barring some offences such as hurt, molestati<strong>on</strong>, sexualharassment etc., Secti<strong>on</strong> 498A has the highest percentage of charge sheetssubmitted.C<strong>on</strong>cerns raised in Petiti<strong>on</strong>The present petiti<strong>on</strong> under c<strong>on</strong>siderati<strong>on</strong> of the H<strong>on</strong>'ble <str<strong>on</strong>g>Committee</str<strong>on</strong>g> raisescertain specific c<strong>on</strong>cerns with regard to alleged "misuse" of Secti<strong>on</strong> 498A IPC,which briefly are as under:Repeated cases under Secti<strong>on</strong> 498A IPC filed by the same woman, ineach marriage she has entered into;Women and their parents use the law to coerce the other party to settlefor m<strong>on</strong>etary compensati<strong>on</strong>;Growing elder abuse as a result of Secti<strong>on</strong> 498A IPC complaints;Using the provisi<strong>on</strong> as a bargaining tool by women, particularly thosewho are in adulterous relati<strong>on</strong>ships;Denial of custody of children and settling of scores against thehusband and his family.
In this background, the petiti<strong>on</strong>er has prayed that Secti<strong>on</strong> 498A IPC shouldbe amended to:Make it bailable, n<strong>on</strong>-cognizable and compoundable;Make it gender neutral;Insert a specific provisi<strong>on</strong>, prescribing punishment for misusing orabusing the law and that such pers<strong>on</strong> should be liable to compensatefinancial loss suffered by the falsely accused pers<strong>on</strong>(s); andProvide for time-bound trial, with a 6 m<strong>on</strong>th limit specified.Views of MWCDThe legislative history of Secti<strong>on</strong> 498A IPC shows that the provisi<strong>on</strong> wasenacted to address the specific need of protecting married women from crueltyperpetrated within the matrim<strong>on</strong>ial home. NCRB data <strong>on</strong> Secti<strong>on</strong> 498A and 304BIPC (dowry death) shows, cases of dowry related violence have still not g<strong>on</strong>edown. Secti<strong>on</strong> 498A IPC is as relevant today as it was some 30 years ago andthere is no case for its diluti<strong>on</strong>. A statement showing the increasing trend in casesregistered under Secti<strong>on</strong>s 498A and 304B IPC from 2005 to 2008 is as under:Crime Head 2005 2006 2007 2008 2009 Percentage \Variati<strong>on</strong> in2009 over2008Torture 58,319 63,128 75,930 81,344 89,546 10.1(Secti<strong>on</strong>498A IPC)Dowry 6,787 7,618 8,093 8,172 8,383 2.6Deaths(Secti<strong>on</strong>304B IPC)Source: NCRB, Crime in India, 2009
Given the objective with which Secti<strong>on</strong> 498A was introduced and the factthat dowry related violence is c<strong>on</strong>tinuing to increase, the Ministry is of the viewthat the status quo should be maintained. This would ensure that the deterrenteffect of the provisi<strong>on</strong> is not diluted and interests of genuine complainants areprotected. Any issue related to "misuse" would fall in the realm of implementati<strong>on</strong>and would need to be addressed separately.Further, with the enactment of the Protecti<strong>on</strong> of Women from DomesticViolence Act, 2005 (PWDVA), women have recourse to civil remedies such asprotecti<strong>on</strong> orders as well as various support services. PWDVA also provides forcounselling of the parties to arrive at an amicable settlement, at the opti<strong>on</strong> of theaggrieved woman. To facilitate this, the Act lays down detailed provisi<strong>on</strong>s <strong>on</strong> whomay be appointed as counsellors and the procedure to be followed for c<strong>on</strong>ductingcounselling.The result is that under the existing legal framework, women seeking civilremedies or desirous of c<strong>on</strong>ciliati<strong>on</strong> may approach the PWDVA while <strong>on</strong>ly inthose cases where she wants criminal acti<strong>on</strong>, she may take recourse to Secti<strong>on</strong>498A IPC. The focus should, thus, be <strong>on</strong> effective implementati<strong>on</strong> of theprovisi<strong>on</strong> through sensitizati<strong>on</strong> of law enforcement agencies, lawyers andjudiciary as well as encouraging use of the provisi<strong>on</strong>s of the PWDVA.It is in this background that a point-wise resp<strong>on</strong>se to the prayer made in thepetiti<strong>on</strong> is placed as under:(i) Making Secti<strong>on</strong> 498A n<strong>on</strong>-cognizable, bailable and compoundableThe petiti<strong>on</strong> prays that Secti<strong>on</strong> 498A IPC should be amended to make theoffence n<strong>on</strong>-cognizable, bailable and compoundable. The rati<strong>on</strong>ale is that thiswould prevent victimisati<strong>on</strong> of the husband and his relatives, including elderlyparents, in cases where the complaint is frivolous in nature.In this c<strong>on</strong>text, it is submitted that given the stigma attached to legal acti<strong>on</strong>in matrim<strong>on</strong>ial matters and women's lack of ec<strong>on</strong>omic independence, Secti<strong>on</strong>498A IPC is often the last resort for married women. Not <strong>on</strong>ly this, even in caseswhere she decides to take legal recourse, she faces barriers in the form of lack ofempathy from the police and prosecuti<strong>on</strong>, threat of counter litigati<strong>on</strong> such as filing
of divorce or custody proceedings by the husband and even lack of support fromher natal family.In the study "Secti<strong>on</strong> 498A IPC: Used or Misused" c<strong>on</strong>ducted by Centre forSocial Research which has been quoted in the petiti<strong>on</strong>, the findings show that allthe women victims who were interviewed said that they sought legal redressal<strong>on</strong>ly in extreme situati<strong>on</strong>s, at the risk of dissolving the marriage, and after bearingmental and physical torture. 80% of the victims had filed a case afterexperiencing severe DV for three years. In fact, all the resp<strong>on</strong>dents in the studywere against making Secti<strong>on</strong> 498A a bailable and compoundable offence (pg. 33).A n<strong>on</strong>-cognizable offence prevents the police from registering a FIR,investigating, or ordering an arrest without the express permissi<strong>on</strong> ordirecti<strong>on</strong>s from the court. Making Secti<strong>on</strong> 498A IPC n<strong>on</strong>-cognizablewill place a huge burden <strong>on</strong> women who will have to go through thejudicial process to file an initial complaint thus creating anotherbarrier to their access to justice.As regards the suggesti<strong>on</strong> that the provisi<strong>on</strong> should be made bailable,it is the Ministry's view that this would make it easier for theperpetrators to misuse the provisi<strong>on</strong> by easily obtaining bail from thepolice stati<strong>on</strong>. This would in turn, make the complainant morevulnerable to further violence, not <strong>on</strong>ly diluting its deterrent effect butalso discouraging women from filing complaints. Further, inRavindra Saxena vs. State of Rajasthan (2009), the Supreme Courthas reiterated the principles laid down in its earlier judgment inGurbaksh Singh Sibbia and others vs. State of Punjab (1980) andheld that anticipatory bail, in case of n<strong>on</strong>-bailable offences, can begranted under Secti<strong>on</strong> 438 CrPC anytime as l<strong>on</strong>g as the accused hasnot been arrested for an offence. This provisi<strong>on</strong> has been used toobtain anticipatory bail under Secti<strong>on</strong> 498A IPC.The status quo should, therefore, be maintained, with the discreti<strong>on</strong> ofgranting bail c<strong>on</strong>tinuing to vest with the Magistrate.In this c<strong>on</strong>text, <strong>on</strong>e of the apprehensi<strong>on</strong>s expressed has been ofindiscriminate and unwarranted arrests by the police due to the
provisi<strong>on</strong> being cognizable. In this regard, the Ministry is of the viewthat this can be addressed through a combinati<strong>on</strong> of legal resp<strong>on</strong>se andadministrati<strong>on</strong> acti<strong>on</strong> <strong>on</strong> part of States/UTs.Reference has already been made to the CrPC Amendment Act of2008 which has amended Secti<strong>on</strong> 41 to incorporate additi<strong>on</strong>alsafeguards, not <strong>on</strong>ly to protect the rights of the accused but also toensure that no <strong>on</strong>e is unnecessarily harassed or victimised because ofdiscreti<strong>on</strong>ary exercise of power of the police to arrest without warrant.This aspect can be further taken care of if the courts are asked tospecifically adjudicate <strong>on</strong> whether the arrests made in the case werejustified/ made without prima facie evidence/in collusi<strong>on</strong> withpers<strong>on</strong>(s) filing false complaint. This is important and is required tomake the police officers accountable for each act of arrest, as it is thiswhich if not checked, can do irreparable damage and bring disreputeto the family of the accused. This needs to be put under check of thejudiciary as they are the final arbiter in the matter.On the administrative fr<strong>on</strong>t, the MHA Advisory relating to 'Misuse ofSecti<strong>on</strong> 498A of IPC - regarding' puts effective fetters <strong>on</strong>unwarranted arrests. Further, some States/UTs like Andhra Pradeshand Delhi have taken administrative acti<strong>on</strong> in the form of specificdirecti<strong>on</strong>s to the effect that an FIR could be lodged and arrest madeunder Secti<strong>on</strong> 498A IPC <strong>on</strong>ly with prior approval of the DCP/DSP,thus, ensuring that litigati<strong>on</strong> would be initiated <strong>on</strong>ly after theb<strong>on</strong>afides of the complaint have been ascertained. Moreover, withrespect to relatives of the husband, Delhi Police guidelines providethat arrests can be made <strong>on</strong>ly with the prior written approval of theDCP.Amending Secti<strong>on</strong> 498A IPC to make it compoundable universallymay not be desirable. More so, because already in cases wheresettlements/compromises are being arrived at, the FIRs filed arequashed by the High Courts invoking its inherent power under Secti<strong>on</strong>482 CrPC.
This is in pursuance of the judgment of Supreme Court in B.S. Joshi& Ors. vs. State of Haryana (2003), where it was observed that ahyper technical view with regard to Secti<strong>on</strong> 498A IPC would becounter productive and would act against the interests of women.Hence, by virtue of this inherent power, such cases where the partiesarrive at a settlement do get compounded.Further, as menti<strong>on</strong>ed earlier, the PWDVA provides for acomprehensive mechanism for counselling between the parties toarrive at a settlement (Secti<strong>on</strong> 14 read with Rule 14 of PWDVA).With effective implementati<strong>on</strong> of the Act which includes appointmentof trained counsellors, more and more women may opt, in future, forcounselling under the PWDVA. We expect that over a period of time,increasing use of PWDVA and its provisi<strong>on</strong> <strong>on</strong> counselling wouldlead to a decrease in the number of complaints filed under Secti<strong>on</strong>498A IPC. In fact, there is a need for sensitizati<strong>on</strong> of the police so thatthey can encourage women approaching them to use the PWDVA.Finally, making Secti<strong>on</strong> 498A IPC compoundable would not addressthe c<strong>on</strong>cerns regarding "misuse" of the law. It is submitted that since acomplaint under the provisi<strong>on</strong> can <strong>on</strong>ly be compounded at thediscreti<strong>on</strong> of the complainant, any legal acti<strong>on</strong> initiated with mala fideintenti<strong>on</strong> would not be covered. The amendment would thus, notaddress abuse of the law but result in detrimentally affecting womenwith b<strong>on</strong>a fide allegati<strong>on</strong>s.While it may be true that like any other legal provisi<strong>on</strong>, mala fideallegati<strong>on</strong>s may be filed under Secti<strong>on</strong> 498A IPC, this can be effectivelyaddressed within the existing legal framework such as provisi<strong>on</strong>s under thecriminal law for filing a false case (Secti<strong>on</strong> 211 of IPC) or for perjury/giving falseevidence (Secti<strong>on</strong>s 191 & 193 of IPC). Cognizance of a case under any of theabove provisi<strong>on</strong>s can be taken by a competent Court as per Secti<strong>on</strong> 340 read withSecti<strong>on</strong> 195 of the CrPC. Further, the apex Court and High Courts also haveinherent powers to take cognizance of such cases and impose penalties in the formof fine.
One of the legal remedies that can be further c<strong>on</strong>sidered for preventingfiling of false complaints is by making it punishable under the IPC. The law canbe amended to provide that the pers<strong>on</strong> filing a false complaint will faceimpris<strong>on</strong>ment upto 6 m<strong>on</strong>ths. This will act as a deterrent because the complainantwill be aware of the c<strong>on</strong>sequences which may follow if the complaint is found tobe false by the Court, at any stage of the proceedings. However, to ensure thatb<strong>on</strong>a fide complainants are not victimised, adequate safeguards would need to beincorporated to the effect that,mere inability to substantiate the complaint or provide adequate proofwould not make a pers<strong>on</strong> liable for punishment under this provisi<strong>on</strong>;andmalicious intent or falsehood <strong>on</strong> part of the complainant shall have tobe established through judicial adjudicati<strong>on</strong> in accordance with theprocedure established by law. Hence, the due process of law wouldfirst need to be completed before any acti<strong>on</strong> is taken against acomplainant in this regardIn Sushil Kumar Sharma vs. Uni<strong>on</strong> of India (JT 2005 (6) SC 266) whichhas been quoted in the petiti<strong>on</strong> to support amendments to the law because of thewords "legal terrorism" used therein, the H<strong>on</strong>'ble Supreme Court has upheld thec<strong>on</strong>stituti<strong>on</strong>al validity of Secti<strong>on</strong> 498A. Not <strong>on</strong>ly this, the Court observed that "Itis well settled that mere possibility of abuse of a provisi<strong>on</strong> of law does not per seinvalidate a legislati<strong>on</strong>. It must be presumed, unless c<strong>on</strong>trary is proved, thatadministrati<strong>on</strong> and applicati<strong>on</strong> of a particular law would be d<strong>on</strong>e "not with an evileye and unequal hand".With regard to the c<strong>on</strong>tenti<strong>on</strong> in the petiti<strong>on</strong> that the burden of proof rests <strong>on</strong>the accused, the issue has been c<strong>on</strong>clusively decided in Gurbachan Singh vs.Satpal Singh (AIR 1990 SC 20). In this case, the H<strong>on</strong>'ble Supreme Court held thatthe initial burden to prove that the accused has subjected the woman to cruelty is<strong>on</strong> the prosecuti<strong>on</strong>. At that stage the provisi<strong>on</strong>s of Secti<strong>on</strong> 113 A of the EvidenceAct would not be invoked. It is <strong>on</strong>ly after the initial <strong>on</strong>us has been discharged thatthe Court can invoke Secti<strong>on</strong> 113 A. This clearly indicates that unless the
prosecuti<strong>on</strong> initially presents a water-tight case with sufficient evidence of crueltythe case will not proceed.(ii)Gender neutralityAs regards the c<strong>on</strong>tenti<strong>on</strong> that the provisi<strong>on</strong> should be made genderneutral so as to ensure equality, it is reiterated that Secti<strong>on</strong> 498A IPCwas enacted in the exercise of the c<strong>on</strong>stituti<strong>on</strong>al power of making"special provisi<strong>on</strong>s for women and children", guaranteed underArticle 15(3). It has been enacted with the specific purpose ofprotecting women within the privacy of their matrim<strong>on</strong>ial home. If thelaw is made gender neutral, it will fall within the realm of lawsrelating to assault which have already been provided for in the IndianPenal Code. Thus, making the law gender-neutral will nullify the verypurpose of the law.The issue of gender neutrality of laws has been raised in a number ofcases before the Supreme Court. As early as 1954 in Yusuf AbdulAziz vs. State of Bombay (AIR 1954 SC 321), the H<strong>on</strong>'ble Court heldthat any law making special provisi<strong>on</strong>s under Article 15(3) cannot bechallenged <strong>on</strong> the ground of c<strong>on</strong>traventi<strong>on</strong> of Article 14. In KrishanLal vs. Uni<strong>on</strong> of India (1994 Cr.LJ 3472 (P&H)) it was held "thehusband and relatives of husband of a married woman form a classapart by themselves and it amounts to reas<strong>on</strong>able classificati<strong>on</strong>especially when a married woman is treated with cruelty within thefour walls of the house of her husband and there is no likelihood ofany evidence available". Thus, the c<strong>on</strong>stituti<strong>on</strong>al validity of Secti<strong>on</strong>498A IPC has been upheld in a series of judgments.(iii) Punishment for MisuseAs menti<strong>on</strong>ed above, the criminal laws already provide for punishment topers<strong>on</strong>s filing a false complaint or giving false evidence before the court. WhileSecti<strong>on</strong> 211 of IPC deals with filing a false case, Secti<strong>on</strong>s 191 & 193 of IPCprovide penalties for perjury or giving false evidence. The apex court and High
Courts have inherent powers under the CrPC to take cognizance of such cases andimpose penalties in the form of fine.These provisi<strong>on</strong>s apply in cases of offences where an injury is either causedor there is an intenti<strong>on</strong> to cause an injury to any pers<strong>on</strong> for not having committedthe offence. 'Injury' is defined under Secti<strong>on</strong> 44 of the IPC and includes harm tobody, mind, reputati<strong>on</strong> or property. Additi<strong>on</strong>ally, a provisi<strong>on</strong> for punishing falsecomplaints or misuse of Secti<strong>on</strong> 498A IPC can be c<strong>on</strong>sidered because of the highnumber of such complaints amounting to 10% at present, which includes cases ofmistake of law or fact as well as misclassificati<strong>on</strong>. In our view, it is the falsecomplaints which shake the faith of the people and, specially, of those who suffer,in the law as well as the implementers. Therefore, it may be a good idea to make aspecific provisi<strong>on</strong>, subject to it being legally feasible, spelling out the punishmentfor the complainant in case of a false complaint.As regards, compensati<strong>on</strong> to the accused in case a false complaint has beenfiled, as menti<strong>on</strong>ed above, the existing legal provisi<strong>on</strong>s, such as Secti<strong>on</strong> 211 of theIPC adequately address the issue.(iv) Time limit for completi<strong>on</strong> of trialIt is proposed that a timeline of maximum of 60 days may be prescribed forcompleti<strong>on</strong> of trial under Secti<strong>on</strong> 498A IPC. The Ministry agrees with the idea fortime-bound disposal of cases so as to provide speedy justice to victims. But theproposed 60 days are short. This will have to be a reas<strong>on</strong>able period within whichthe Courts are able to deliver justice, given the rush of cases. Therefore, withoutcomprehensive reforms of the judicial system, including effective casemanagement mechanisms, it may not be possible to adhere to the timeline, shouldit be prescribed ambitiously. Past experience has been that the timelines, such asthose envisaged under Secti<strong>on</strong> 125 CrPC and the PWDVA are not being adheredto.Further, the Ministry believes that sensitizati<strong>on</strong> of judicial officers andc<strong>on</strong>stituti<strong>on</strong> of Fast Track Courts to deal exclusively with women-related lawswill also help in addressing the issue of delays.
On a c<strong>on</strong>siderati<strong>on</strong> of the issues raised in the petiti<strong>on</strong> as also the data andjudgments relating to Secti<strong>on</strong> 498A IPC, the Ministry is of the view that makingthe law bailable, compoundable and n<strong>on</strong>-cognizable would dilute its deterrenteffect and would be detrimental to the interest of women with b<strong>on</strong>a fideallegati<strong>on</strong>s of cruelty. The Ministry hopes that effective implementati<strong>on</strong> of thePWDVA and facilitating counselling under it would provide women with theopti<strong>on</strong> to explore possibility of c<strong>on</strong>ciliati<strong>on</strong> and would in the l<strong>on</strong>ger run, reducethe number of cases filed under Secti<strong>on</strong> 498A IPC. However, incorporati<strong>on</strong> ofsome checks and balances against abuse of the provisi<strong>on</strong> may be c<strong>on</strong>sidered,which includes:Provisi<strong>on</strong> of impris<strong>on</strong>ment upto 6 m<strong>on</strong>ths for a complainant who filesa false complaint, as adjudicated by the Courts at any stage of theproceedings. Adequate safeguards will, however, need to beincorporated to protect interest of b<strong>on</strong>a fide complainants; andEmpowering Courts to specifically adjudicate <strong>on</strong> whether the arrestsmade by the police were justified/ made without prima facieevidence/in collusi<strong>on</strong> with pers<strong>on</strong>(s) filing false complaint.The legality of adding these provisi<strong>on</strong>s will need to be examined separately.
MINUTES OF THEMEETING OF THE COMMITTEEAPPENDIX-IV
Record Note of the sitting of <str<strong>on</strong>g>Committee</str<strong>on</strong>g> <strong>on</strong> Petiti<strong>on</strong>sThe <str<strong>on</strong>g>Committee</str<strong>on</strong>g> assembled at 3.00 P.M. <strong>on</strong> M<strong>on</strong>day the 29th November,2010 in Room No. 63, First Floor, Parliament House, New Delhi.MEMBERS PRESENT1. Shri Bhagat Singh Koshyari –– Chairman2. Shri Ram Vilas PaswanSECRETARIAT1. Shri Deepak Goyal, Joint Secretary,2. Shri Rakesh Naithani, Joint Director,3. Shri Ashok K. Sahoo, Deputy Director4. Shri Goutam Kumar, <str<strong>on</strong>g>Committee</str<strong>on</strong>g> OfficerWITNESSESI. * * *II.On petiti<strong>on</strong> praying for amendments in Secti<strong>on</strong> 498A of IndianPenal Code, 1860:1. Dr. Anupama Singh2. Ms. Preeti Goyal3. Shri R. S. Jain, and4. Shri Yogesh Koda2. The chairman at the outset informed the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> that Press Release wereissued <strong>on</strong> the following three petiti<strong>on</strong>s under its examinati<strong>on</strong> which appeared inNati<strong>on</strong>al dailies <strong>on</strong> saturday, 27th November, 2010 :-(i) * * *(ii) * * *(iii) Petiti<strong>on</strong> signed by Dr. Ranjana Kumari and others praying for urgentneed to curb female foeticide.3. * * *
3.1 * * *4. * * *5. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> then took up the petiti<strong>on</strong> praying for amendments to Secti<strong>on</strong>498A of Indian Penal Code, 1860 in view of its gross misuse and low c<strong>on</strong>victi<strong>on</strong>rate and that too after protracted litigati<strong>on</strong>. Chairman briefly touched up<strong>on</strong> <strong>on</strong>e ofthe prayers of the petiti<strong>on</strong>ers to make Secti<strong>on</strong> 498A of IPC bailable, n<strong>on</strong>cognizableand compoundable in the background of the issues highlighted in thepetiti<strong>on</strong> and asked the petiti<strong>on</strong>er to elucidate the prayer detailed in her petiti<strong>on</strong>.6.0 The petiti<strong>on</strong>er made a power point presentati<strong>on</strong> to put forth her point ofview <strong>on</strong> the subject matter of the petiti<strong>on</strong>. According to her, the prime objective ofSecti<strong>on</strong> 498A of IPC was to protect married women against dowry harassmentand cruelty, which is being fearlessly abused and misused by a large secti<strong>on</strong>unscrupulous people with ulterior motive as a result of which, many innocentcitizens including senior citizens, minor children, women (including pregnant <strong>on</strong>e)have been harassed. Such harassment is aggravated because of the fact that theseprovisi<strong>on</strong>s of the IPC are n<strong>on</strong>-bailable and n<strong>on</strong>-compoundable. The said law hasbeen equally misused by women to become rich by extorting large sum of m<strong>on</strong>eyfrom the families of her husband, particularly the NRI bridegroom. The SupremeCourt of India, the World Health Organisati<strong>on</strong> (WHO), the 154th LawCommissi<strong>on</strong> Report, the Malimath <str<strong>on</strong>g>Committee</str<strong>on</strong>g> Report and the 111th Report ofStanding <str<strong>on</strong>g>Committee</str<strong>on</strong>g> <strong>on</strong> Home Affairs have acknowledged widely reported misuseof this law. It has been used as a bargaining tool by some women.6.1 The petiti<strong>on</strong>er further informed the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> that during the year 1995 to2006, the number of cases have increased by 120% and 1,40,000 people had beenarrested under the said provisi<strong>on</strong>. It was informed that 30% of bail applicati<strong>on</strong>sbefore the Courts pertain to Secti<strong>on</strong> 498A. NRI grooms are the most vulnerablesecti<strong>on</strong> being tortured under these provisi<strong>on</strong>s. Accordingly the petiti<strong>on</strong>er prayed tomake the law bailable and compoundable; no arrest to be made unless absolutelynecessary; provisi<strong>on</strong> of stringent punishment for abusers of Secti<strong>on</strong> 498A of IPC.In the end the petiti<strong>on</strong>er added that an evaluati<strong>on</strong> of post implementati<strong>on</strong> ofSecti<strong>on</strong> 498A might be carried out to assess its deterrent effect.
6.2 One of the supporters of the cause of the petiti<strong>on</strong> narrated his case of tortureand arrest by police as an example of misuse of the Secti<strong>on</strong> 498 A to buttress theprayers of the petiti<strong>on</strong>er.7. The Chairman thanked the petiti<strong>on</strong>er for taking up public spirited petiti<strong>on</strong><strong>on</strong> behalf of the affected secti<strong>on</strong> of the society. He assured the petiti<strong>on</strong>er that the<str<strong>on</strong>g>Committee</str<strong>on</strong>g> would make field study and c<strong>on</strong>sult stakeholders before arriving at anyc<strong>on</strong>clusi<strong>on</strong> <strong>on</strong> the prayers of the petiti<strong>on</strong>er.8. A verbatim record of the proceedings of the meeting was kept.9. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> adjourned at 5.00 P.M.
VISIXTH MEETINGThe <str<strong>on</strong>g>Committee</str<strong>on</strong>g> met at 3.00 P.M. <strong>on</strong> Thursday, the 17th February, 2011 in<str<strong>on</strong>g>Committee</str<strong>on</strong>g> Room 'A', Ground Floor, Parliament House Annexe, New Delhi.MEMBERS PRESENT1. Shri Bhagat Singh Koshyari –– Chairman2. Shri Nandi Yellaiah3. Shri Avinash Pande4. Shri Rajaram5. Shri P. RajeeveSECRETARIAT1. Shri Deepak Goyal, Joint Secretary,2. Shri Rakesh Naithani, Joint Director,3. Shri Ashok K. Sahoo, Deputy Director4. Shri Goutam Kumar, <str<strong>on</strong>g>Committee</str<strong>on</strong>g> OfficerRepresentatives of Ministry of Home Affairs1. Shri Gopal Krishan Pillai, Home Secretary2. Shri D.R.S. Chaudhary, Special Secretary3. Shri K.C. Jain, Joint Secretary4. Shri J.L. Chugh, Joint Secretary5. Shri Sadakant, Joint Secretary6. Dr. M.C. Mehanathan, Director7. Shri Arvind Kumar, Principal Resident Commissi<strong>on</strong>er,Government of Sikkim2.0 The Chairman in his opening observati<strong>on</strong> apprised the Members that theHome Secretary had been invited to depose before it <strong>on</strong> two important petiti<strong>on</strong>s,namely, (i) petiti<strong>on</strong> praying for protecti<strong>on</strong> of interest of b<strong>on</strong>a fide Indian nati<strong>on</strong>alsresiding in Sikkim prior to its merger with India in 1975; and (ii) petiti<strong>on</strong> prayingfor amendments in Secti<strong>on</strong> 498A of Indian Penal Code, 1860.
2.1 * * *3. * * *4.0 * * *4.1 * * *4.2 * * *4.3 * * *4.4 * * *4.5 * * *5.0 The <str<strong>on</strong>g>Committee</str<strong>on</strong>g>, thereafter, took up for c<strong>on</strong>siderati<strong>on</strong> the petiti<strong>on</strong> praying foramendments in Secti<strong>on</strong> 498A of Indian Penal Code, 1860.5.1 The Chairman in his initial observati<strong>on</strong> <strong>on</strong> the said petiti<strong>on</strong> made a menti<strong>on</strong>that Secti<strong>on</strong> 498A which was intended to protect the women from cruelty ofhusband and his relatives had been reportedly misused grossly. Instances havebeen heard where the police had arrested elderly parents, unmarried sister,pregnant sister-in-Iaws and even little children without investigati<strong>on</strong>, because ofharsh provisi<strong>on</strong>s of the said Secti<strong>on</strong>. The petiti<strong>on</strong>ers had, therefore, prayed forsuitable modificati<strong>on</strong>s, i.e., to make the offence n<strong>on</strong>-cognizable, n<strong>on</strong>compoundableand bailable in order to check its misuse. He requested the HomeSecretary to make a presentati<strong>on</strong> <strong>on</strong> the said petiti<strong>on</strong> inter-alia touching up<strong>on</strong> therate of misuse of the Secti<strong>on</strong>, steps taken to curb its rampant misuse and alsothinking of Uni<strong>on</strong> Government <strong>on</strong> the proposals of various State Governments forenacting amendments therein.5.2 The Home Secretary submitted that the issue of amendment to Secti<strong>on</strong>498A of IPC so as to make it bailable, compoundable had been discussed in greatdetail. Justice Malimath <str<strong>on</strong>g>Committee</str<strong>on</strong>g> and the Parliamentary Standing <str<strong>on</strong>g>Committee</str<strong>on</strong>g> <strong>on</strong>Home Affairs had proposed amendment in Secti<strong>on</strong> 498A <strong>on</strong> the above lines, inview of its rampant misuse. But the Ministry of Women and Child Developmentwas not in favour of making it bailable and compoundable as a result of which theHome Minister had to withdraw the proposed legislati<strong>on</strong> from the Cabinet. Inpursuance of recommendati<strong>on</strong>s of Standing <str<strong>on</strong>g>Committee</str<strong>on</strong>g> <strong>on</strong> Home Affairs to bring
a comprehensive legislati<strong>on</strong> to both IPC & Cr PC, the Home Ministry with theapproval of present Home Minister had written to the Law Commissi<strong>on</strong> to bringabout comprehensive amendments to both IPC & CrPC including amendment toSecti<strong>on</strong> 498A of IPC. This exercise would be completed by July, 2011.5.3 The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> desired that urgent steps may be taken, pending the outcame of the deliberati<strong>on</strong>s of the Law Commissi<strong>on</strong>, to check atrocities <strong>on</strong> innocentpeople under Secti<strong>on</strong> 498A, IPC, since most of the States had suggestedamendment to the said Secti<strong>on</strong>.6. A verbatim record of proceedings of the Meeting was kept.7. The meeting ended at 4.10 P.M.
XIITWELFTH MEETINGThe <str<strong>on</strong>g>Committee</str<strong>on</strong>g> met at 12.00 NOON <strong>on</strong> Friday, 3rd June, 2011 in <str<strong>on</strong>g>Committee</str<strong>on</strong>g>Room 'A', Ground Floor, Parliament House Annexe, New Delhi.MEMBERS PRESENT1. Shri Bhagat Singh Koshyari –– Chairman2. Shri Nandi Yellaiah3. Shri Rajaram4. Shri Paul Manoj Pandian5. Shri Veer Pal Singh Yadav6. Shri P. Rajeeve7. Shri Ram Vilas PaswanSECRETARIAT1. Shri Deepak Goyal, Joint Secretary,2. Shri Rakesh Naithani, Joint Director,3. Shri Ashok K. Sahoo, Deputy Director4. Shri Goutam Kumar, <str<strong>on</strong>g>Committee</str<strong>on</strong>g> OfficerList of representatives of NGOs <strong>on</strong> the petiti<strong>on</strong> praying for amendment inSecti<strong>on</strong> 498A of the Indian Penal Code, 1860:I. Women Power C<strong>on</strong>nect, Safdarjung Enclave, New Delhi1. Dr. Ranjana Kumari, President2. Dr. N. Hamsa, Executive Director3. Mr. Soumya Bhaumik, Legal C<strong>on</strong>sultant4. Ms. Subashini Perumal, Programme AssociateII. Partners for Law in Development, Jangpura Extensi<strong>on</strong>,New Delhi1. Ms. Madhu Mehra2. Ms. Urvashi Butalia
III. All India Democratic Women's Assocati<strong>on</strong>, Talkatora Road,New Delhi1. Ms. Kirti Singh, Legal C<strong>on</strong>venor2. Ms. Albeena ShakeelIV.Swayam, Deodar Street, KolkataMs. Anurahda Kapoor, DirectorV. Centre for Women's Development Studies, Bhai Vir SinghMarg, New Delhi1. Dr. Mary E. John, Director2. Dr. Indu Agnihotri, Deputy Director2. At the outset, the Chairman apprised the Members that more than 2,500written memoranda have been received <strong>on</strong> the petiti<strong>on</strong> praying for amendments inSecti<strong>on</strong> 498A of the IPC, 1860. More number of memoranda are in favour ofproposed amendment. To begin with organizati<strong>on</strong>s, that have opposed theamendment, have been invited to depose before the <str<strong>on</strong>g>Committee</str<strong>on</strong>g>. Referring to thesubject matter of the petiti<strong>on</strong>, he menti<strong>on</strong>ed that the petiti<strong>on</strong>er has prayed to makethe Secti<strong>on</strong> 498A of IPC bailable, compoundable, and n<strong>on</strong>-cognizable in view ofits gross misuse. Many unmarried sisters, elderly parents and even youngerchildren have been arrested by the police under the law <strong>on</strong> a plain complaint of awoman or her relatives without proper investigati<strong>on</strong>.3.0 The Chairman next welcomed the witnesses and asked them to give theirintroducti<strong>on</strong> in the first instance. Thereafter, they were given the floor to presenttheir view point <strong>on</strong> the subject.3.1 The witnesses in their depositi<strong>on</strong> submitted that domestic violence,particularly against women in their matrim<strong>on</strong>ial home, is a comm<strong>on</strong> phenomen<strong>on</strong>in India and also a serious offence which is c<strong>on</strong>sistently increasing. They quotedthe Nati<strong>on</strong>al Crime Record Bureau (NCRB) statistics from 2003 to 2009 tobuttress their submissi<strong>on</strong>s. They also referred to statistics of the Nati<strong>on</strong>al FamilySurvey of India in accordance of which 37% of married women have experiencedsome sort of physical, mental and sexual violence in their matrim<strong>on</strong>ial home.
3.2 Referring to the background of enactment of Secti<strong>on</strong> 498A, the witnessessubmitted that Secti<strong>on</strong>s 498A as well as 304B were inserted in IPC way back in1983 and 1986, respectively, to check dowry death and torture related to demandfor dowry because the Dowry Prohibiti<strong>on</strong> Act, 1961 and even Secti<strong>on</strong> 306 of IPCwere not effective to c<strong>on</strong>tain and c<strong>on</strong>trol these heinous crimes against women.Secti<strong>on</strong> 498A was enacted after l<strong>on</strong>g debate within the legal community, inParliament and following agitati<strong>on</strong> by women parliamentarians and womenorganizati<strong>on</strong>s in the country. Prosecuti<strong>on</strong> under Secti<strong>on</strong> 304B of IPC is c<strong>on</strong>tingentup<strong>on</strong> the proof of cruelty as defined under Secti<strong>on</strong> 498A. Between 40 to 50%domestic violence cases against women go unreported because women never wantto break their family by lodging case against their husband; she goes to police<strong>on</strong>ly after suffering prol<strong>on</strong>ged harassment and torture in her matrim<strong>on</strong>ial home.There is low c<strong>on</strong>victi<strong>on</strong> rate of cases relating to Secti<strong>on</strong> 498A because the womanhappens to be the weaker party in the case and is unable to gather the evidence ofcruelty against her husband and family of in-laws. Arrest of younger children bythe police under Secti<strong>on</strong> 498A of IPC is violative of another legislati<strong>on</strong>, namely,Juvenile Justice Act, 2000.3.3 The witnesses averred that in the event of making the Secti<strong>on</strong> 498A bailableand compoundable, women and their families would have to go to a JudicialMagistrate for registering the case and <strong>on</strong>ly thereafter, arrest can be effected bythe police. At that point, recourse to mediati<strong>on</strong> and rec<strong>on</strong>ciliati<strong>on</strong> at communitylevel may be taken by the police but, in the mean time, the woman may commitsuicide because of torture. Secti<strong>on</strong> 498A, provides an apt remedy to the torture ofwomen in matrim<strong>on</strong>ial home.3.4 It was added that the menace of dowry is rampant in our country and linkedto it is the child sex ratio which is dwindling over the years because of femalefoeticide being d<strong>on</strong>e clandestinely in our society. Around 85% of women in Indiaare caught in a relati<strong>on</strong>ship of dependency because they are not paid for the workd<strong>on</strong>e by them. They opposed the amendment to the law because the need for it hasnot yet arisen in the society. The witnesses menti<strong>on</strong>ed that the reas<strong>on</strong>s of misuseof Secti<strong>on</strong> 498A as cited by the petiti<strong>on</strong>er, for amendment of the law are notc<strong>on</strong>vincing, particularly in the face of increasing crime against women and dowrydeaths. Furthermore, misuse of Secti<strong>on</strong> 498A can be checked by other Secti<strong>on</strong>s ofIPC (182, 203, 209 and 211). The witnesses explained that instead of tampering
with the law, the police needs to be sensitised about the directi<strong>on</strong>s given by theSupreme Court in D.K. Basu Vs. State of West Bengal (1997) case which regulatethe power of arrest by the police.3.5 The witnesses said that the petiti<strong>on</strong>er has not disclosed her locus in the case;she has submitted unsubstantiated data in support of her prayer which isc<strong>on</strong>tradictory to the ground reality in the society.4.0 A query was raised about any survey having been d<strong>on</strong>e to ascertain thenumber of false cases filed as well as complaints lodged with judicial Megistratefor false prosecuti<strong>on</strong>. In resp<strong>on</strong>se to the said query, it was submitted that theCentre for Social Research has been engaged to find out the reas<strong>on</strong>s for lowc<strong>on</strong>victi<strong>on</strong> rate of cases filed under Secti<strong>on</strong> 498A, which is <strong>on</strong> the verge ofcompleti<strong>on</strong> after which the findings will be submitted to the <str<strong>on</strong>g>Committee</str<strong>on</strong>g>. Anotherquery whether any women organizati<strong>on</strong>s were ever given the opportunity topresent their viewpoint before Justice Malimath <str<strong>on</strong>g>Committee</str<strong>on</strong>g> which has suggestedfor amendment to Secti<strong>on</strong> 498A, was also raised and in resp<strong>on</strong>se to that thewitnesses submitted that the Amnesty Internati<strong>on</strong>al Report (2003) menti<strong>on</strong>ed thatno women organizati<strong>on</strong>s were ever invited before Justice Malimath <str<strong>on</strong>g>Committee</str<strong>on</strong>g>.4.1 The resp<strong>on</strong>se of the witnesses were also sought as to how the problem ofarrest of elderly parents who are not actually party to the crime and not residingwith the daughter in-law but are arrested because of having blood relati<strong>on</strong>shipwith the s<strong>on</strong> could be tackled without amending the Secti<strong>on</strong> 498A of IPC. Whilesumming up the Chairman stressed <strong>on</strong> the dire need for curb <strong>on</strong> marriage expensesto check the demand of dowry in the society. Thereafter, he told the witnesses thatthey could send supplementary points to their depositi<strong>on</strong> to the <str<strong>on</strong>g>Committee</str<strong>on</strong>g>, if theywanted.5. A verbatim record of the proceedings of the meeting of the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> waskept.6. The meeting adjourned at 1.40 P.M.
XIIITHIRTEENTH MEETINGThe <str<strong>on</strong>g>Committee</str<strong>on</strong>g> met at 11.00 A.M. <strong>on</strong> Wednesday, 29th June, 2011 in Main<str<strong>on</strong>g>Committee</str<strong>on</strong>g> Room, Ground Floor, Parliament House Annexe, New Delhi.MEMBERS PRESENT1. Shri Bhagat Singh Koshyari –– Chairman2. Shri Rajeev Shukla3. Shri Avinash Pande4. Shri Rajaram5. Shri Veer Pal Singh Yadav6. Shri P. Rajeeve7. Shri Ram Vilas PaswanSECRETARIAT1. Shri Deepak Goyal, Joint Secretary,2. Shri Rakesh Naithani, Joint Director,3. Shri Ashok K. Sahoo, Deputy Directbr4. Shri Goutam Kumar, <str<strong>on</strong>g>Committee</str<strong>on</strong>g> OfflcerList of representatives of NGOs/individuals <strong>on</strong> the petiti<strong>on</strong> praying foramendment in Secti<strong>on</strong> 498A of the Indian Penal Code, 1860:I. Shri Govind Ram Miri, Ex-MP, <strong>Rajya</strong> <strong>Sabha</strong>.II.Bhavya Foundati<strong>on</strong>, Shalimar Garden, Sahibabad, Ghaziabad.1. Shri Kamal Vikram, President2. Ms. Madhu KishwarIII. Bureaucracy Today, Kasturba Gandhi Marg, New Delhi.Shri Suhaib Ilyasi, Editor-in-ChiefIV.Gender Human Rights Society, I.P. Extensi<strong>on</strong>, Delhi.1. Shri Sandeep Bhartia, President
2. Mrs. SwarnlataV. All India Mother-in-Law Protecti<strong>on</strong> Forum, Rohini, Delhi.1. Mrs. Saroj Rani, Executive Member2. Mrs. M. Puri, Executive MemberVI.Indian Social Awareness and Activism Forum (INSAAF),C. R. Park, New Delhi.1. Shri Niladri Shekhar Das, Co-ordinator2. Mrs. Ekta Singh, General SecretaryVII. Children's Rights Initiative For Shared Parenting (CRISP),Hauz Khas, New Delhi.1. Shri Kumar V Jahgirdar, President2. Shri Anil Kumar, G. SecretaryVIII. Nati<strong>on</strong>al Family Harm<strong>on</strong>y Society, Palam Col<strong>on</strong>y, New Delhi.1. Ms. Swathi Goyal, Executive Member2. Shri Ravi Mishra, Executive Member2. Taking up the agenda for the day, the Chairman apprised the <str<strong>on</strong>g>Committee</str<strong>on</strong>g>that more than two thousand memoranda had been received both in favour andagainst the suggested amendments to Secti<strong>on</strong> 498A, IPC, 1860, to make the samen<strong>on</strong>-cognizable, bailable and compoundable. Briefly touching up<strong>on</strong> the subjectmatter of the petiti<strong>on</strong>, he menti<strong>on</strong>ed that the gross misuse of the said Secti<strong>on</strong> hadentailed arrest of elderly parents, unmarried sisters and pregnant sisters-in-law aswell as little children of husband's family <strong>on</strong> the basis of mere complaint of thewife and, therefore, the petiti<strong>on</strong>er had c<strong>on</strong>tended for amendment to Secti<strong>on</strong> 498A,IPC. In that c<strong>on</strong>text, he requested the witnesses to share their views in a c<strong>on</strong>ciseway <strong>on</strong> the necessity of amendment sought for by the petiti<strong>on</strong>er and the particularmanner in which the amendment could be effected without diluting the objectiveof the Legislature.3.0 The witnesses in their depositi<strong>on</strong> menti<strong>on</strong>ed that provisi<strong>on</strong>s under Secti<strong>on</strong>498A of IPC permits arrest of the husband and his female or male relativesirrespective of their age, marital status, health c<strong>on</strong>diti<strong>on</strong> merely <strong>on</strong> the basis of
allegati<strong>on</strong> of wife and endorsed the suggested amendment to Secti<strong>on</strong> 498A IPC,1860 in order to check its misuse. In that c<strong>on</strong>text, it was suggested that the terms"cruelty", "harassment" and "relatives of the husband of the women" had beeninterpreted to suit the complainant and investigating agency leading to enhancingthe suffering of innocent relatives of husband, who are merely related by blood ormarriage but might even not be residing with the husband or even might not havevisited the family in the near past. The Secti<strong>on</strong> together with Secti<strong>on</strong> 113B of theEvidence Act, 1872 were technically flawed from of time of their inserti<strong>on</strong> in thestatute books because these Secti<strong>on</strong>s presume the alleged accused to be guilty tillproven innocent which goes against the cardinal principle of criminaljurisprudence in accordance of which any individual is presumed to be innocentuntil proved guilty bey<strong>on</strong>d reas<strong>on</strong>able doubt. It was also averred that the saidprovisi<strong>on</strong>s made complete disregard of Fundamental Right to Life and alsodirectly violated Universal Declarati<strong>on</strong> of Human Rights, 1948 to which ourcountry happened to be a signatory. It was also referred that the misuse of 498Aby the bridal side is akin to misuse of MISA by the Government against itspolitical opp<strong>on</strong>ents during emergency period. The Secti<strong>on</strong> had been termed assource of 'legal terrorism' by the apex court. Amendment to drac<strong>on</strong>ian Secti<strong>on</strong>498A of IPC and deleti<strong>on</strong> of Secti<strong>on</strong> 113B from the Evidence Act, 1872 hadbecome the need of the hour which would shift the burden of proof from thealleged accused to the prosecuti<strong>on</strong> and the arrest of the alleged accused could bemade after investigati<strong>on</strong> and filling charge sheet in the court of law. Further theSecti<strong>on</strong> 498A could be resorted to any time during life period of husband by wifeeven to suppress her fault and further her own self interest. Some sort of time limitsimilar to the time (within seven years of marriage) provided under Secti<strong>on</strong> 304Bof IPC for dowry death might be provided in Secti<strong>on</strong> 498A.3.1 It was pointed out that petty marital squabbles between spouses in order tohave c<strong>on</strong>trol over husband and his family often drove the wife to resort to 498Awhich struck at the root of instituti<strong>on</strong> of marriage and the trend of 'live-inrelati<strong>on</strong>ship'got a boost which may promote polygamy and children born outthere from would be worst suffers in the times to come.3.2 The stigma and insults suffered by the family of the husband due to misuseof Secti<strong>on</strong> 498A cannot be wiped out in any manner in our society. They
suggested for penalty and recovery of prosecuti<strong>on</strong> cost from the lady or her familywho misuse the Secti<strong>on</strong> 498A and suitably compensate the pers<strong>on</strong>s who areaffected by such process so as to make the said Secti<strong>on</strong> gender neutral. This wouldalso provide great relief to Indian judicial dockets and pendency of cases would bereduced substantially.3.3 It was further suggested that the definiti<strong>on</strong> of 'dowry' needed to be clarifiedin the Dowry Prohibiti<strong>on</strong> Act, 1961 as there is likelihood that causal demand forfinancial assistance or loan by husband might not be treated as a willful demandfor dowry. The provisi<strong>on</strong> of dowry to the girl by her family has been c<strong>on</strong>sideredas status symbol and practiced during kanya daan in the form of gift which ispermissible under the Dowry Act. In case of difference and discord between thespouse, the property given in gift were treated as dowry by the wife. It wassuggested that a undertaking might be made mandatory that no exchange of dowrytook place at the time of registrati<strong>on</strong> of marriage. Further the daughter has equalshare in the self acquired property of her father, which needed to be secured forher development. In the case of allegati<strong>on</strong> of dowry, the capacity of the dowrygiver is also needed to be verified. It was alleged that the Ministry of Women andChild Development which is the nodal agency for the Dowry Prohibiti<strong>on</strong> Act,hardly spend any m<strong>on</strong>ey to popularize the Act. It was suggested that cases relatingto dowry and Secti<strong>on</strong> 498A might be tried in Family Court under the FamilyCourt Act, 1984.3.4 The misuse of Secti<strong>on</strong> 498A had been detrimental to the future of the childwho undergoes the trauma throughout his/her life when his/her father is sent tojail. Further arrest of children under the said Secti<strong>on</strong> c<strong>on</strong>travenes the provisi<strong>on</strong>s ofJuvenile Justice Act, 2000. In that c<strong>on</strong>text it was averred that The DomesticViolence Act, 2005 could also provide protecti<strong>on</strong> to women in case of cruelty.3.5 To make the Secti<strong>on</strong> compoundable, views were expressed both in favourand against. Those against making the offence compoundable said that if this isd<strong>on</strong>e then the wives would be prompted to bargain for allowing divorce whichwould act harsh up<strong>on</strong> the husbands. It was suggested that mediati<strong>on</strong>/c<strong>on</strong>ciliati<strong>on</strong>could be tried before going to court.
4. A verbatim record of the proceedings of the meeting of the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> waskept.5. The meeting adjourned at 12:50 P.M.
XVFIFTEENTH MEETINGThe <str<strong>on</strong>g>Committee</str<strong>on</strong>g> met at 3.30 P.M. <strong>on</strong> M<strong>on</strong>day, 25th July, 2011 in <str<strong>on</strong>g>Committee</str<strong>on</strong>g>Room 'D', Ground Floor, Parliament House Annexe, New Delhi.MEMBERS PRESENT1. Shri Bhagat Singh Koshyari –– Chairman2. Shri Nandi Yellaiah3. Shri Avinash Pande4. Shri Rajaram5. Shri Paul Manoj Pandian6. Shri P. Rajeeve7. Shri Ram Vilas PaswanSECRETARIAT1. Shri Deepak Goyal, Joint Secretary,2. Shri Rakesh Naithani, Joint Director,3. Shri Ashok K. Sahoo, Deputy Director4. Shri Goutam Kumar, <str<strong>on</strong>g>Committee</str<strong>on</strong>g> OfficerI. Representatives of Nati<strong>on</strong>al Commissi<strong>on</strong> for Women <strong>on</strong> the petiti<strong>on</strong>praying for amendments in Secti<strong>on</strong> 498A of the Indian Penal Code,1860:1. Ms. Zohra Chatterji, Member Secretary2. Ms. Minakshi Ghose, Joint Secretary3. Shri Raj Singh, Deputy SecretaryII.Representatives of Nati<strong>on</strong>al Commissi<strong>on</strong> for Protecti<strong>on</strong> of Child Rights<strong>on</strong> the petiti<strong>on</strong> praying for amendments in Secti<strong>on</strong> 498A of the IndianPenal Code, 1860:1. Dr. Shantha Sinha, Chairpers<strong>on</strong>2. Shri Vinod Kumar Tikoo, Member
3. Shri Lov Verma, Member Secretary4. Shri Binod K. Sahu, Registrar2. At the outset, the Chairman apprised the Members that the representativesof two Commissi<strong>on</strong>s, namely, Nati<strong>on</strong>al Commissi<strong>on</strong> of Women and the Nati<strong>on</strong>alCommissi<strong>on</strong> for Protecti<strong>on</strong> of Child Rights have been invited to express theirrespective views <strong>on</strong> the petiti<strong>on</strong> praying for amendments in Secti<strong>on</strong> 498A of theIndian Penal Code (IPC), 1860. Referring to the c<strong>on</strong>tenti<strong>on</strong> of the petiti<strong>on</strong>er, theChairman menti<strong>on</strong>ed that the particular Secti<strong>on</strong> had been misused grossly causinginter alia injustice even to pregnant women, senior citizens and others in thefamily of the husband by the married women or her relatives; the petiti<strong>on</strong>er,therefore, had prayed the Council to make the offence under this Secti<strong>on</strong> bailable,n<strong>on</strong>-cognizable and compoundable in the larger interest of the society. In thatbackground, he invited the Member Secretary of Nati<strong>on</strong>al Commissi<strong>on</strong> forWomen (NCW) to express views of the Commissi<strong>on</strong> <strong>on</strong> the petiti<strong>on</strong>.3.0 The Member Secretary, NCW in her depositi<strong>on</strong> menti<strong>on</strong>ed that Secti<strong>on</strong>498A was inserted in the statute book after protracted struggle by the womenactivists in the country way back in 1983, which was the first step to checkdomestic violence. Referring to the low c<strong>on</strong>victi<strong>on</strong> rate under the said provisi<strong>on</strong> ofthe IPC, by the petiti<strong>on</strong>er, she menti<strong>on</strong>ed that the particular provisi<strong>on</strong> has beenunder used rather than misused. Since domestic violence in the country has beenincreasing, any amendment to the law at this stage would give wr<strong>on</strong>g signal to thevictims of domestic violence in the country. The misuse of the law, as cited by thepetiti<strong>on</strong>er, is linked to the implementati<strong>on</strong> of the law rather than the provisi<strong>on</strong>s ofthe law. She, therefore, pleaded that the Secti<strong>on</strong> 498A, IPC, and other related lawssuch as Dowry Prohibiti<strong>on</strong> Act, 1961 and the Protecti<strong>on</strong> of Women fromDomestic Violence Act, 2005, which are important legislati<strong>on</strong>s providingprotecti<strong>on</strong> and legal remedies to women should not be tinkered with. Resp<strong>on</strong>dingto the query of a Member about large scale acquittal of pers<strong>on</strong>s falsely implicatedfrom the family of husband, who are living with stigma after their acquittal, shementi<strong>on</strong>ed that the police must carry first level of investigati<strong>on</strong> <strong>on</strong> the complaintof a married woman or her relatives under Secti<strong>on</strong> 498A before arresting thepers<strong>on</strong>s menti<strong>on</strong>ed in the FIR. In that c<strong>on</strong>text, she said that the Ministry of HomeAffairs have already issued advisories to Chief Secretaries of all States.
3.1 The Commissi<strong>on</strong> opposed the prayer of the petiti<strong>on</strong>er to make the Secti<strong>on</strong>498A n<strong>on</strong>-cognizable, bailable and compoundable; however she suggestedfollowing ways to minimize the misuse of Secti<strong>on</strong> 498A IPC:–(i)(ii)Harm<strong>on</strong>izati<strong>on</strong> of Secti<strong>on</strong> 498A, IPC with provisi<strong>on</strong>s of the DowryProhibiti<strong>on</strong> Act, 1961 and the Protecti<strong>on</strong> of Women from DomesticViolence Act, 2005;Power of arrest by police should be exercised after reas<strong>on</strong>ablesatisfacti<strong>on</strong> following some preliminary investigati<strong>on</strong> so as to ensurethe genuineness and b<strong>on</strong>afide of a complaint and the need to effectarrest;(iii) Creati<strong>on</strong> of Mahila Desks at police stati<strong>on</strong> and Crime Against Women(CAW) Cell, atleast at the district level;(iv) Recourse to Secti<strong>on</strong> 498A, IPC may be excercised in cases wherec<strong>on</strong>ciliati<strong>on</strong> between warring spouses fails; and(v)Counselling by professi<strong>on</strong>ally qualified counsellers envisaged underthe PWDVA should be implemented by State Governments.3.2 To the query of a Member, whether the Commissi<strong>on</strong> has suggested anypunitive measures for the violators of guidelines issued by the Supreme Court inthe D.K. Basu case, regulating the power of arrest by the police, she resp<strong>on</strong>dedthat the Commissi<strong>on</strong> has not got any complaint regarding specific violati<strong>on</strong> in thisregard. Another query about the observati<strong>on</strong> of Supreme Court in Sushil KumarSharma v/s Uni<strong>on</strong> of India <strong>on</strong> misuse of 498A, she menti<strong>on</strong>ed that the said Court,while making observati<strong>on</strong> that the misuse of 498A had resulted in legal terrorismhad also refused to strike down the Secti<strong>on</strong> 498A as unc<strong>on</strong>stituti<strong>on</strong>al. On the issueof recommendati<strong>on</strong>s of Malimath <str<strong>on</strong>g>Committee</str<strong>on</strong>g>, she resp<strong>on</strong>ded that it had notdiscussed the issues in detail before arriving at a c<strong>on</strong>clusi<strong>on</strong> <strong>on</strong> 498A to make itbailable and compoundable. She menti<strong>on</strong>ed that the Commissi<strong>on</strong> is thinking ofmaking a study regarding misuse of provisi<strong>on</strong>s of Secti<strong>on</strong> 498A.4. The Chairman c<strong>on</strong>cluding the discussi<strong>on</strong> <strong>on</strong> the presentati<strong>on</strong> of MemberSecretary of NCW observed that improper implementati<strong>on</strong> of the provisi<strong>on</strong>s ofSecti<strong>on</strong> 498A, IPC indicates that there are shortcomings in the law which inter
alia affords scope to the police officer to allow the misuse of the provisi<strong>on</strong>s of thelaw by the married women causing problem to the innocent citizens of herhusband's family. The Chairman desired that the Commissi<strong>on</strong> being a statutorybody need to take a balanced approach to the problem while c<strong>on</strong>tradicting theprayers made by the petiti<strong>on</strong>er. He directed the Member Secretary to give adetailed study report <strong>on</strong> the misuse of provisi<strong>on</strong>s of 498A to the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> withinfifteen days for its c<strong>on</strong>siderati<strong>on</strong>.(The witnesses then withdrew)5. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> thereafter heard the Chairpers<strong>on</strong> of Nati<strong>on</strong>al Commissi<strong>on</strong>for Protecti<strong>on</strong> of Child Rights (NCPCR) <strong>on</strong> the issue relating to custody of childin the event of his/her father's arrest under Secti<strong>on</strong> 498A and arrest of childrenunder the said Secti<strong>on</strong>.6. The Chairpers<strong>on</strong>, NCPCR submitted that domestic violence betweenwarring parents has tremendous impact <strong>on</strong> the future of the child. There has beenlegal battle between estranged parents about the custody of the child in the casesrelating to domestic violence which also include violence under Secti<strong>on</strong> 498A ofIPC. She apprised the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> that as per data obtained from the Nati<strong>on</strong>alCrime Record Bureau (NCRB), 1007 children have been booked under Secti<strong>on</strong>498A of IPC during the period from 2007-2009 even though they do not havec<strong>on</strong>trol over the causes/grounds under the said Secti<strong>on</strong> and became victims ofcircumstances. For the best interest of the child, whenever the child isapprehended by the police under Secti<strong>on</strong> 498A of IPC, he or she should not berounded off al<strong>on</strong>gwith other adult perpetrators of crime and must be handed overto the Juvenile/Child Welfare Officer of the c<strong>on</strong>cerned police stati<strong>on</strong> or specialjuvenile police unit as envisaged under Rule 11 of the Juvenile Justice (Care andProtecti<strong>on</strong> of Children) Rules, 2007. The Child Welfare Officer may produce thechild before Child Welfare <str<strong>on</strong>g>Committee</str<strong>on</strong>g> or Juvenile Justice Board instead of normalcourt in accordance with Juvenile Justice Act. It was submitted that the JuvenileJustice (Care and Protecti<strong>on</strong> of Children) Act, 2000, is a special law for childrenwhich must prevail over the general law, i.e. Secti<strong>on</strong> 498A of IPC. The affectedchildren may be c<strong>on</strong>sulted and heard in camera by the family court or districtcourt adjudicating family disputes such as divorce, legal separati<strong>on</strong>, custody ofchildren etc. It would ensure proper care and protecti<strong>on</strong> of the affected child under
n<strong>on</strong>-instituti<strong>on</strong>al care. The Commissi<strong>on</strong> did not offer any view <strong>on</strong> amendment toSecti<strong>on</strong> 498A as prayed by petiti<strong>on</strong>er.(Witnesses then withdrew)7. A verbatim record of proceedings of meeting of the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> was kept.8. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> adjourned at 4.26 P.M.RECORD NOTE OF THE SITTING OFCOMMITTEE ON PETITIONSThe <str<strong>on</strong>g>Committee</str<strong>on</strong>g> meet at 3.00 P.M. <strong>on</strong> M<strong>on</strong>day the 1st August, 2011 in RoomNo. 63, First Floor, Parliament House, New Delhi.MEMBERS PRESENT1. Shri Bhagat Singh Koshyari –– Chairman2. Shri Ram Vilas PaswanSECRETARIAT1. Shri Deepak Goyal, Joint Secretary,2. Shri Rakesh Naithani, Joint Director,3. Shri Ashok K. Sahoo, Deputy Director4. Shri Goutam Kumar, Assistant DirectorI. * * *II.Representatives of Ministry of Women and Child Development <strong>on</strong>petiti<strong>on</strong> praying for amendment in Secti<strong>on</strong> 498A IPC, 1860:1. Shri D.K. Sikri, Secretary2. Smt. Sangita Verma, Ec<strong>on</strong>omic Advisor3. Smt. Vinita Aggarwal, Director2. * * *3. * * *
Depositi<strong>on</strong> of Secretary, Ministry of Women and Child Development4.0 The Chairman welcomed the Secretary, Women and Child Developmenttogether with senior officers of the Ministry to the c<strong>on</strong>tinued sitting <strong>on</strong> the petiti<strong>on</strong>praying for amendment to Secti<strong>on</strong> 498A of IPC, 1860. Referring to the c<strong>on</strong>tenti<strong>on</strong>of the petiti<strong>on</strong>er, the Chairman menti<strong>on</strong>ed that false acquisiti<strong>on</strong> about thecommissi<strong>on</strong> of offence under Secti<strong>on</strong> 498A by the woman or her relatives hadcaused harassment to the family members of her husband including senior citizensand minor children in his family. Thus, the petiti<strong>on</strong>er has come with the prayer forsuitable amendment therein to check its misuse and also to protect innocentrelatives of the husband. In that c<strong>on</strong>text, he sought views of the Ministry ofWomen and Child Development <strong>on</strong> the requirement of amendment to the Secti<strong>on</strong>as prayed by the petiti<strong>on</strong>er.4.1 The Secretary commenced his depositi<strong>on</strong> by referring to the backgroundleading to inserti<strong>on</strong> of Secti<strong>on</strong> 304B and 498A of IPC in statute book in eighties tocheck the death and harassment of women relating to demand of dowry which was<strong>on</strong> increase at that time. He added that Secti<strong>on</strong> 498A describes punishment for thecrime not against society but for matrim<strong>on</strong>ial offences committed withinmatrim<strong>on</strong>ial home due to marital discord. Torture in matrim<strong>on</strong>ial home al<strong>on</strong>ec<strong>on</strong>stitutes forty eight per cent of total crime committed against women in thesociety. Referring to NCRB data <strong>on</strong> dowry death, he submitted that the offencehas been increasing during 2003-09 by twenty four per cent and offences under498A has been increasing during 2003-2009 by fifty per cent. Around ten per centcases registered under 498A were found to be false. A number of <str<strong>on</strong>g>Committee</str<strong>on</strong>g>s,including Justice Malimath <str<strong>on</strong>g>Committee</str<strong>on</strong>g> <strong>on</strong> Reforms in Criminal Justice Systemand the Department-related Parliamentary Standing <str<strong>on</strong>g>Committee</str<strong>on</strong>g> <strong>on</strong> Home Affairsin its One Hundred and Eleventh Report <strong>on</strong> Criminal Law (Amendment) Bill,2003 have suggested amendment to the said Secti<strong>on</strong>. The Apex Court whiledisposing cases of Sushil Kumar Sharma v/s Uni<strong>on</strong> of India (Jt 2005(6) SC266),Preeti Gupta and another v/s State of Jharkhand (2010) has suggested amendmentto the Secti<strong>on</strong> for rec<strong>on</strong>ciliati<strong>on</strong> of marital discord but the judiciary has neverstruck down the c<strong>on</strong>stituti<strong>on</strong>al validity of the Secti<strong>on</strong>. The incident of violence inmatrim<strong>on</strong>ial home of husband is increasing in our society even after thirty years ofinserti<strong>on</strong> of the said Secti<strong>on</strong> in the IPC.
4.2 He pointed out that the tendency to implicate as many relatives of thehusband as possible by the wife or her relatives has not been uncomm<strong>on</strong>phenomen<strong>on</strong> now-a-days. This has resulted in increase in number of arrest ofpers<strong>on</strong>s under Secti<strong>on</strong> 498A which has equally caused insurmountableharassment, pain and ag<strong>on</strong>y to the innocent relatives of husband and also led toabuse of process of law by the women. At the same time, dowry relatedharassment and violence has not g<strong>on</strong>e down even after three decades of enactmentof the said Secti<strong>on</strong>. The Ministry has not been in favour of making the saidSecti<strong>on</strong> n<strong>on</strong>-cognizable because it would place enormous burden <strong>on</strong> women toapproach judicial Magistrate to file initial complaint against her husband in thematrim<strong>on</strong>ial dispute thereby putting a barrier to their access to justice. Further,anticipatory bail in the n<strong>on</strong>-bailable offence can be taken under Secti<strong>on</strong> 438 ofCrPC, 1973 from the court to evade arrest in such case. In that c<strong>on</strong>text, he drewthe attenti<strong>on</strong> of the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> to recent amendment to Secti<strong>on</strong> 41 of CrPC, 1973to regulate the discreti<strong>on</strong>ary power of police to effect arrest without warrant so asto protect the rights of the alleged accused. The Ministry of Home Affairs has alsoissued advisories to Director General of Police of all States to put fetters up<strong>on</strong>unwarranted arrest. Even the State of Andhra Pradesh and NCT of Delhi haveissued administrative orders to regulate and restrict the power of arrest underSecti<strong>on</strong> 498A of IPC to the effect that it can be d<strong>on</strong>e <strong>on</strong>ly with prior writtenapproval of DCP/DSP.4.3 Regarding the prayer of the petiti<strong>on</strong>er to make Secti<strong>on</strong> 498A compoundable,the Secretary menti<strong>on</strong>ed that the Ministry of Women and Child Development hasnot been in favour of making it universally compoundable because the courts havealready inherent power under Secti<strong>on</strong> 482 of CrPC, 1973 to quash the FIR in theevent of out of court compromise/settlement between parties to secure the ends ofjustice.4.4 Regarding fixing liability <strong>on</strong> the misuse of legal provisi<strong>on</strong>, he menti<strong>on</strong>edthat punishment for filing false charges of offence under Secti<strong>on</strong> 211 of IPC andfor perjury under Secti<strong>on</strong> 193 of IPC are available in Statute book. The courtshave inherent power to take cognizance of said cases and impose penalty <strong>on</strong> themisuser. Since the penalty <strong>on</strong> the misuse can be evoked <strong>on</strong>ly after injury caused,the Ministry is c<strong>on</strong>templating to provide six m<strong>on</strong>ths impris<strong>on</strong>ment to restrain the
misuser from making complaint with malafide intenti<strong>on</strong>. He averred that theb<strong>on</strong>afide complainants should not be discouraged at the same time.5. A query was made about low c<strong>on</strong>victi<strong>on</strong> of cases registered under Secti<strong>on</strong>498A IPC. The Secretary in resp<strong>on</strong>se thereto submitted that besides the mainaccused, other immediate and distant relatives of the husband also get arrested bythe police who later <strong>on</strong> are let off by the court. This over implicati<strong>on</strong> under theAct has led to low c<strong>on</strong>victi<strong>on</strong> rate which could be reduced if punishment isproposed within the law itself for the misuser of the process of law which mightact as a safeguard for the innocent co-accused also. In that c<strong>on</strong>text, he menti<strong>on</strong>edthat the charge against the husband has seldom been dropped until it was found tobe patently a false case. It was also suggested by him that an FIR could be lodgedafter making rec<strong>on</strong>ciliati<strong>on</strong> attempt by the women cell of police stati<strong>on</strong>. Further,the written approval of DCP/DSP for effecting arrest under 498A would curtailthe indiscriminate use of the power of arrest by the police in police stati<strong>on</strong>. Merepossibility of abuse of law does not make the law invalid. In case of making thelaw n<strong>on</strong>-cognizable, there would be increase of dowry death and harassment insociety6. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> appreciated the suggesti<strong>on</strong>s given by the Secretary anddesired that a balance should be struck between the unnecessary harassment metedto the innocent co-accused and safeguard to ladies from cruelty in matrim<strong>on</strong>ialhome. The written approval of DCP/DSP for effecting arrest under Secti<strong>on</strong> 498Aas practiced in NCT of Delhi and Andhra Pradesh may be included in the lawitself to enhance the accountability of police.(The witnesses then withdrew)7. A verbatim record of proceedings of meeting the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> was kept.8. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> adjourned at 4:50 P.M. to meet again <strong>on</strong> 18th August, 2011.
XVIISEVENTEENTH MEETINGThe <str<strong>on</strong>g>Committee</str<strong>on</strong>g> met at 10:30 A.M. <strong>on</strong> Tuesday, the 30th August, 2011 inRoom No. 126-A, (Chairman's Room) Third Floor, Parliament House, New Delhi.MEMBERS PRESENT1. Shri Bhagat Singh Koshyari –– Chairman2. Shri Paul Manoj Pandian3. Shri Veer Pal Singh Yadav4. Shri P. Rajeeve5. Shri Ram Vilas PaswanSECRETARIAT1. Shri Deepak Goyal, Joint Secretary,2. Shri Rakesh Naithani, Joint Director,3. Shri Ashok K. Sahoo, Deputy Director4. Shri Goutam Kumar, Assistant Director2. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> took up for c<strong>on</strong>siderati<strong>on</strong> draft One Hundred and FortiethReport <strong>on</strong> the petiti<strong>on</strong> praying for amendment in the Secti<strong>on</strong> 498A of Indian PenalCode, 1860. The amendments proposed by <strong>on</strong>e of the Member of the <str<strong>on</strong>g>Committee</str<strong>on</strong>g>to certain recommendati<strong>on</strong>s of the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> c<strong>on</strong>tained in the draft Report werealso c<strong>on</strong>sidered by the <str<strong>on</strong>g>Committee</str<strong>on</strong>g>. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> did not agree to theamendments moved by that Member and adopted the report with minormodificati<strong>on</strong>s. The c<strong>on</strong>cerned Member suggested that hisamendments/comments <strong>on</strong> the recommendati<strong>on</strong>s of the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> may be treatedas "Minutes of Dissent" to the report. The Chairman directed the <strong>Secretariat</strong> toappend the said dissent note to the Report.3. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> authorised its Chairman and in his absence Shri Veer PalSingh Yadav to present the Report to the <strong>Rajya</strong> <strong>Sabha</strong> <strong>on</strong> Wednesday, the 7thSeptember, 2011.4. Thereafter the <str<strong>on</strong>g>Committee</str<strong>on</strong>g> reviewed status of petiti<strong>on</strong>s pending for itsc<strong>on</strong>siderati<strong>on</strong>. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> decided to undertake study visit to Gangtok
(Sikkim) and Darjeeling (West Bengal) <strong>on</strong> the petiti<strong>on</strong>s praying for developmentof railway network in Himalayan States and protecti<strong>on</strong> of interest of b<strong>on</strong>afideIndian nati<strong>on</strong>als residing in Sikkim prior to its merger with India in 1975, from21st to 25th September, 2011. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> authorized its Chairman to seekapproval of H<strong>on</strong>'ble Chairman to the proposed study visit of the <str<strong>on</strong>g>Committee</str<strong>on</strong>g>. TheChairman also directed the <strong>Secretariat</strong> to make preparati<strong>on</strong> for the study visit.5. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> adjourned at 10:45 A.M.
LIST OF ORGANIZATIONS/INDIVIDUALS APPEAREDBEFORE THE COMMITTEEI. Representatives of Nati<strong>on</strong>al Commissi<strong>on</strong> for Women1. Ms. Zohra Chatterji, Member Secretary2. Ms. Minakshi Ghose, Joint Secretary3. Shri Raj Singh, Deputy SecretaryANNEXURE-III.Representatives of Nati<strong>on</strong>al Commissi<strong>on</strong> for Protecti<strong>on</strong> of ChildRights1. Dr. Shantha Sinha, Chairpers<strong>on</strong>2. Shri Vinod Kumar Tikoo, Member3. Shri Lov Verma, Member Secretary4. Shri Binod K. Sahu, RegistrarIII.Bhavya Foundati<strong>on</strong>, Shalimar Garden, Sahibabad, Ghaziabad.1. Shri Kamal Vikram, President2. Ms. Madhu KishwarIV.Bureaucracy Today, Kasturba Gandhi Marg, New Delhi.Shri Suhaib Ilyasi, Editor-in-ChiefV. Gender Human Rights Society, I P Extensi<strong>on</strong>, Delhi.1. Shri Sandeep Bhartia, President2. Mrs. SwarnlataVI.All India Mother-in-Law Protecti<strong>on</strong> Forum, Rohini, Delhi.1. Mrs. Saroj Rani, Executive Member2. Mrs. M. Puri, Executive MemberVII. Indian Social Awareness and Activism Forum (INSAAF), C. R. Park,New Delhi.1. Shri Niladri Shekhar Das, Co-ordinator2. Mrs. Ekta Singh, General Secretary
VIII. Children's Rights Initiative For Shared Parenting (CRISP), HauzKhas, New Delhi.1. Shri Kumar V. Jahgirdar, President2. Shri Anil Kumar, G. SecretaryIX.Nati<strong>on</strong>al Family Harm<strong>on</strong>y Society, Palam Col<strong>on</strong>y, New Delhi.1. Ms. Swathi Goyal, Executive Member2. Shri Ravi Mishra, Executive MemberX. Women Power C<strong>on</strong>nect, Safdarjung Enclave, New Delhi1. Dr. Ranjana Kumari, President2. Dr. N. Hamsa, Executive Director3. Mr. Soumya Bhaumik, Legal C<strong>on</strong>sultant4. Ms. Subashini Perumal, Programme AssociateXI.Partners for Law in Development, Jangpura Extensi<strong>on</strong>, New Delhi1. Ms. Madhu Mehra2. Ms. Urvashi ButaliaXII. All India Democratic Women's Assocati<strong>on</strong>, Talkatora Road,New Delhi1. Ms. Kirti Singh, Legal C<strong>on</strong>venor2. Ms. Albeena ShakeelXIII. Swayam, Deodar Street, KolkataMs. Anurahda Kapoor, DirectorXIV. Centre for Women's Development Studies, Bhai Vir Singh Marg,New Delhi1. Dr. Mary E. John, Director2. Dr. Indu Agnihotri, Deputy DirectorXV. Shri Govind Ram Miri, Ex-MP, <strong>Rajya</strong> <strong>Sabha</strong>.