The Honorable Law Minister,
Dr. M. Veerappa Moily,
Ministry of Law and Justice
4th Floor, A-Wing, Shastri Bhawan,
New Delhi – 110 001
Subject: HUNGER STRIKE AGAINST MISUSE OF IPC 498A, ANTI MEN LAW.
REVIEW OF IPC 498A AS PER SUPREME COURT DIRECTIVE
In the last 60 years of Independence, many efforts have been made,many measures taken and many laws passed for uplifting, empowering and protecting women, who, as a group, were considered weak and disadvantaged. While proudly championing women’s rights, the society also tacitly approved the propagation of anti-male sentiments and policies by “radical groups” and the resultant diminution in value of men’s lives and the blatant violation of men’s rights.
While the blatant misuse of laws like IPC 498A and Domestic Violence
Act has been well-documented, women’s organizations and the Government are still touting them as tools for ensuring women’s empowerment and gender equality. In reality, these laws are not about equality at all,as they are specifically designed to treat men and women unequally. In fact, not even all women are treated equally under these laws. A brief look at the assumptions of these laws is enough to understand why they are unfair, and how they violate basic human rights.
On various instances, Supreme Court of India, has issued direction to the Government of India to Review IPC section 498 A, namely:
1) At the time of delivering the judgment in case of CRIMINAL APPEAL
NO. 1512 OF 2010 , (Arising out of SLP (Crl.) No.4684 of 2009) in the case of Preeti Gupta & Another vs State of Jharkhand & Another, the Hon’ble Supreme Court of India had stated the below with reference to section 498a and its huge misuse .
In Para 34 :-
…. Before parting with this case, we would like to observe that a serious relook of the entire provision is warranted by the legislation. It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases
IPC 498A has a strong bias against women as well and the extent of Women themselves getting arrested in a so called women protection law are:
Table 1: No of WOMEN Arrested in IPC 498a in last Five Years Women arrested in Year No of Arrests
The Indian suicide statistics as well is a strong reflection of state of Indian married men.
Suicide Statistics of year 2009
MARITAL STATUS MEN WOMEN TOTAL % MORE MEN Ratio
Never Married 17738 10063 27801 76% 1.76
Married 58192 31300 89492 86% 1.86
Widowed/Widower 2848 2674 5522 7% 1.07
Divorcee 635 613 1248 4% 1.04
Separated 2058 1030 3088 100% 2.00
TOTAL 81471 45680 127151 78% 1.78
I, Dashrath M.Devda, President, Akhil Bhartiya Patni Atyachar Virodhi Sangh, strongly protests against the misuse of IPC 498A, DV Act, IPC 304B, IPC 306 and all other women centric laws. We have called for a Hunger Strike and I, have been sitting on Hunger Strike on behalf of my NGO, since May 15, 2011. Today it is more than 120 hours of my Hunger Strike.
To prevent torture of Indian married men and their families against the misuse of Anti-Men laws, our Demands are:
• Close down “Crime Against Women Cell”
• Constitute National Commission for Men in lines of National Commission for Women
• Remove the word “relative” from the definition of IPC 498A. No relative should be dragged in the dispute of husband and wife.
• Stop extortion under IPC 406 in the guise of Streedhan
• Mediation in marital disputes should not be handled by Police Officials.
• Simplify and ease out the Divorce procedures to stop suicides and homicides.
• No maintenance to wife who has left the matrimonial home.
• All matrimonial litigations should be tried in one court.
• Stop judicial bias towards women
• Amend DV Act of 2005
• Penalty for misusers of IPC 498A
• Stop TV serials promoting family disharmony
As per” SC Directive” as mentioned above, we want a Time Bound review of 498A, otherwise we would go for “Jail Bharo” Andolan from May 23,2011.
Her Excellency Smt. Pratibha Patil
President of India,
New Delhi – 110 001
Dr, Manmohan Singh
Prime Minister of India
South Block, Raisana Hill,
New Delhi-110 001