false498a

May 27, 2010

Candle Light Protest against heavy misuse of 498A

Filed under: Uncategorized — Fighting Legal Terror @ 10:02 am

PRESS RELEASE

Subject: Announcing the Candle Light Protest organized by Family Harmony Society – a NGO registered under “The Karnataka Societies Registration Act, 1960”, to promote “family harmony” and “gender equality”, head quartered in Bangalore. FHS is a Non Governmental Organization promoting the cause of “family harmony” and “gender equality”.

Candle Light Protest: “Family Harmony Society” has organized a “Candle Light Protest” at Mahatma Gandhi Statue on 14Feb2010 between 17.30 hrs to 19.00 hrs to protest injustice happening to Husbands due to heavy misuse of Gender bias laws such as 498a, Domestic violence act, CRPC 125 etc. Official statistics obtained by our NGO from Government shows that the conviction rate in case of 498a is less than 1% which clearly shows that these laws are being heavily misused by estranged wife to harass husband and his family members. The extent of misuse is so much that even the Supreme  Court of India in “Sushil Kumar Sharma Vs. Union of India (UOI) and Ors” case on Jul 19 2005 held that…

“The object of the provision is prevention of the dowry menace. But as has been rightly contented by the petitioner many instances have come to light where the complaints are not bonafide and have been filed 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 question, therefore, is what REMEDIAL MEASURES can be taken to prevent abuse of the well-intentioned provision. Merely because the provision is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment. It may, therefore, become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with. Till then the Courts have to take care of the situation within the existing frame work. As noted above the object is to strike at the roots of dowry menace. But by misuse of the provision a new LEGAL TERRORISM can be unleashed.”

Objective and demand of Candle Light Protest:

  • Make matrimonial laws “Gender Neutral”
  • Introduce punishment clause for those misusing “Matrimonial laws”
  • Make 498a Bailable
  • No maintenance to educated, working and able bodied “Estranged wife”
  • Scrap “Multiple provisions of maintenance” such as DV act, CrPC 125, HMA24, HMA25 , Hindu adoption and maintenance act and simply it.
  • No arrest in 498a without proper investigation and evidence

For more information please contact:

P Suresh, President – 9880141531                                                                    M Mahesh, General Secretary – 9845448472

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