Equality in justice for all

To,
The President of India,
The Prime Minister of India
The Chairperson,UPA
The Leader of Opposition,Lok Sabha
The Home Minister
The Law MMinister
The Chief Justice of India
The Chief Justices of High Courts
All Judges,Magistrates,Police officers and Law makers in India,

Our aims and objectives are to safeguard family & marital harmony and equality in justice for all.Family and marriage are the foundation of society and thus any issues affecting the very foundation of our country are our cause and concern.

We would like to draw your attention to the social evil of dowry and how the present anti-dowry laws meant to end this deplorable social practice are working.

The existing anti-dowry provisions in the legal system of the country are being repeatedly criticized by courts, media, social organizations, forums, as well as aggrieved families

Section 498A of IPC is widely misused and subjected to abuse of process of law, it needs to be reconsidered. Provisions need to be incorporated to prevent misuse/abuse of law.

Unfortunately, a weapon of defense to protect genuine victims has turned into a tool of manipulation, extortion, legal terrorism and blackmail at the hands of certain unscrupulous people. IPC 498A, intended to be used as a shield has become an assassins weapon.

It is misused by one woman, the wife/daughter-in-law, against the husband and other women in the family-mothers, sisters, even distant relatives. On a false, unsubstantiated complaint by one woman, several other women are Implicated, harassed, arrested, traumatized and sanctity of the home is destroyed.

In landmark judgements, various High Courts, incl. Honble Delhi High Court have criticized and condemned the false implication of whole families, even distant relatives in false dowry demand/cruelty cases.

Honble Supreme Court in a recent judgement has noticed misuse of sec. 498A, which can take form of legal terrorism and observed the necessity of finding remedial measures to prevent it. Since courts have to work within the existing framework of law, It may therefore become necessary for the legislature to find ways to deal with makers of frivolous complaints and allegations.

Despite repeated observations of the Honble courts, the authorities are unable to move and have failed to bring about requisite modifications /amendments in the provisions of IPC 498a.
It is not just a possibility of, but widespread, misuse of this provision of law and abuse of process of law that we are protesting against. This protest will continue twice a month until provisions are made to protect innocents citizens of the biggest democratic setup on this earth.
We are all victims of this misuse and abuse. We have suffered and are suffering. Our families are being destroyed. The ignomy suffered by us during investigation prior to trial and during trial cannot be wiped out by acquittal. We usually have ample proofs to establish our innocence inspite of which cases are registered against us on unverified false complaints. In many cases a falsely accused person has committed suicide. Do more people need to die before authorities take notice?

The various government agencies like Crime against Women Cell ( Delhi Police), National commission of Women, other Government funded Women organizations give support/ hearing only to the wife/Daughter-in-law and not to other women. They are being exploited as recovery agencies.

The recent act, Protection of Women from Domestic Violence Act 2005, has overriding effects of section 498A IPC. Likewise the provisions of this act shall also be subjected to misuse and may further accelerate the spoiling atmosphere of the families. Its notification shall be withheld until provisions are made to tackle frivolous complaints.

Suggestions from law institutes, eminent jurists, courts, bar associations, bar councils, social organizations can produce the best possible solution for checking this social evil.
Foreign funded women organizations should not be allowed to affect our society in an adverse manner.

We can present to the authorities data to back up our statements any time they require. We want to work constructively to solve the problem and not just criticize. We counsel new victims and other forgotten women who are not helped by so called women organizations. Thus, working at grassroots level we have gained insights into the problems faced by thousands of innocent victims.
We also realize that genuine victims need the protection and we help them also. Please consider our suggestions and call upon us.

We urgently appeal to you to initiate necessary action to save our family structure and instituition of marriage from being destroyed.


Praveen Walia