Main Petition, Synopsis & LoD in NYAYADHAR VS. UNION OF INDIA
SYNOPSIS & LIST OF DATES The petitioner is seeking permission to file this writ petition before this Hon’ble Court under Article 32 of the Constitution of India. The petitioner in the form of writ of mandamus wants to seek directions/orders from this Hon’bleCourtto implement the suggestions as praying by the petitioner in matrimonial disputes under Section 498-A of the Indian Penal Code. It is pertinent to mention herein that this Hon’ble Court has given some directions/guidelines in Criminal Appeal No. 1265 of 2017 (Rajesh Kumar vs. State of U.P.) to follow by the concerned authorities in cases related with Section 498-A of the Indian Penal Code. Nyayadhar, the petitioner is organization formed by ladies’ advocate of District Ahmednagar, Maharashtra. It is established in 2003 with motive to help the ladies who are suffering harassment in their family. This organization provides free legal help to ladies and children in courts throughout Maharashtra in general and specifically in District Ahmednagar. This organization has a government approval for rendering services with respect to family advice counseling and medical aid etc. Deep study of the petitioner to overcome the problems related to the cases like family violence and dowry cases even follow up by women commission. It is pointed out that a married woman whenever go to the police station to make a complaint against her husband and other close relations takes a risk to fight with society at large but being left with no other remedy against cruelty and harassment ultimately choose this last resort i.e. Section 498A of IPC. So, mindless and senseless deprivation of life and liberty of women could not have been dealt with effectively through soft sanctions alone. Though values of equality and non-discrimination may have to gain deeper roots through other social measures, the need to give valuable protection to vulnerable sections of women cannot be negated. The petitioner need not to say that husband’s relative and husband have fear of Section 498-A of IPC and 70-80% matter solved because of this fear alone at the initial stage, but the primary questionstill survives i.e. what about a woman who has beaten and harassed so badly that she is near to death but not dead. That time a woman really needs 498-A for her safety.
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Main Petition, Synopsis & LoD in NYAYADHAR VS. UNION OF INDIA
That Section 498-A of IPC is most helpful instrument in the hands of victim women to get immediate relief from law and police station, but guidelines issued that no immediate arrest to accused person and his family. As the result, the fear of law is totally vanished from the minds of accused and his family. Resultantly we may say that ‘the soul of Section 498-A is dead and now Sec. 498-A is become valueless’. There is no immediate relief to victim women from cruelty and harassment. Ultimately she left alone to handling herself and her children’s life with own risk. Thus a question arise before the Indian Judicial System, how totackle and protect the constitutional rights of women’s? Hence this Writ Petition. LIST OF DATES 03-07-2007:
The petitioner was registered as Public Charitable Trust on 03-07-2007. The true typed copy of the Registration Certificate dated 03-07-2007 is annexed herewith as Annexure P- 1. (Page
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The objectives and aim of the petitioner organization.The true copy of the objectives is annexed herewith as Annexure P- 2. (Page
27-07-2017:
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The copy of judgment dated 27-07-2017 in Civil Appeal No. 1265 of 2017 (Rajesh Sharma vs. State of U.P.).The true typed copy of the judgment dated 27-07-2017 is annexed herewith as Annexure P- 3. (Page
23-09-2017:
Hence this Writ Petition.
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Main Petition, Synopsis & LoD in NYAYADHAR VS. UNION OF INDIA
IN THE SUPREME COURT OF INDIA (ORIGINAL CRIMINAL WRIT JURISDICTION) WRIT PETITION (CRIMINAL) NO. 156 OF 2017 In Re: Nyayadhar (Lady Lawyer Organization) 3rd Floor, RajhansVihar, In front of District Court, Ahmednagar (Maharashtra) – 414001
…Petitioner
VERSUS 1.
Union of India Through: The Secretary Ministry of Home Affairs, North Block, Central Secretariat, New Delhi – 110001
2.
Ministry of Women & Child Development Through: The Secretary ShastriBhawan, New Delhi – 110001
3.
National Commission for Women Through: The Chairman Plot No. 21, Jasola Institutional Area, New Delhi – 110025
1.
National Legal Services Authority 12/11, Jam Nagar House, Shahjahan Road New Delhi- 01
…Respondents
PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA IN THE NATURE OF WRIT OF MANDAMUS FOR DIRECTIONS/ORDERS TO IMPLIMENTTHESUGGESTIONSOF THE PETITIONER IN DISPUTES RELATED WITH SECTION 498-A OF THE INDIAN PENAL CODE To, Hon'bleThe Chief Justice
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Main Petition, Synopsis & LoD in NYAYADHAR VS. UNION OF INDIA
And His Lordship’s Companion Justices of the Hon'ble Supreme Court of India The humble petition of the petitioner above named: Most respectfully showeth: 1.
That the petitioner herein invokes your Lordships’ Jurisdiction under Section 32 of the Constitution of India for seeking direction/s to implementation of the suggestions according to the need of the time. The petitioner submits that the present case is a fit case to call for Your Lordship’sconsiderationtoenhance the sharpness of the directions/guidelines given in cases related with Section 498-A of the Indian Penal Code.
1A.
That the petitioner never approached the respondents or any authority relating with issues involved in this Writ Petition.
2.
The petitioner organization established in 2003 by ladyadvocatesin District Ahmednagar (Maharashtra). The ground to form this organization is that only a woman can better understand, represent, and solve the problem of another woman.Thepetitioner main motive is to help the ladies who are downtrodden and suffering from injustice from their respective families. Moreover, to help the women to understand the laws related to family issues. The petitioner done deep research to settle down the disputes related within four walls of the family.From 2003 to 2010 the petitioner registers 479 complaints especially from ladies all around the state of Maharashtra and from 2010 to 2017 received around 1658 complaint related to women for counseling. The petitioner has a government approval for rendering services with respect to family advice counseling and medical aid etc. The deep study of the petitioner to overcome the problems related to the cases like family violence and dowry cases were follow up by women commission. The research result will be demonstrated in the following paras. The true typed copy of the Registration Certificate and Objectives of the petitioner is annexed herewith as Annexure P-1(Page 12-12A) & P-2 (Page 13-13A) respectively.
3.
Brief Glimpse on the Issue:
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Main Petition, Synopsis & LoD in NYAYADHAR VS. UNION OF INDIA
I.
That Section 498-A of Indian Penal Code, since its introduction has increasingly been vilified and associated with the perception that it is misused – that women frequently use it as a weapon against their inlaws. This counter-narrative is particularly ubiquitous on the internet, in the many online communities of husbands who feel wronged by vengeful wives.
II.
That there is ‘general complaint’ that Section 498-A of the IPC is subject to gross misuse; but provides no data to indicate how frequently the section is being misused. It is important therefore that such ‘arguments’ are responded to, so as to put forth a clearer picture of the present factual status of the effect of several criminal laws enacted to protect the women.
III.
That domestic violence and abuse by spouses and family members are complex behaviors and the social organization of courts, the police and legal cultures systematically tend to devalue domestic violence cases.
IV.
That Section 498-A was introduced in the Indian Penal Code in 1983 and the reforms of the past 34 years have not been adequately evaluated at all by the governments with respect to their deterrence goals, despite the institutionalization of law and policy to criminalize domestic violence.
V.
That it is important to do these studies to correct the general misconceptions that woman are misusing the law by filing false cases against their husband and in-laws in order to harass them and get them convicted. This perspective of the State and its agencies needs to change from that of protecting the husbands and in-laws against potential ‘misuse’ of the laws of domestic violence to that of implementing their real purpose – to recognize that such violence is a crime and protect women who have the courage to file complaints against their abusers.
VI.
That Article 15 of the Constitution of India reinforces the fact that a woman is not a toy to be played with, to be thrown away at one’s whims and fancies and treated as inferior to any other. It inherently asks for husbands to their wives well and not
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Main Petition, Synopsis & LoD in NYAYADHAR VS. UNION OF INDIA
misbehave or demand unjustly which in a way sends forth a message that woman is a commodity for sale. VII. There are some following points and data analysis from the petitioner to consider from this Hon’ble Court: i) ii)
When harassment start after the marriage. Classification according to income of the family.
When harassment start after the marriage The surveys conducted by the petitioner show that harassment start from the initial days of marriage and when it not stops, the woman come for counseling to stop and reduce her harassment. Number of Days 3days to 1month 1month to 6 months 6 months to 1 year 1year to 2 years
Percentage of Cases of Harassment 23% 30% 19% 28%
Classification according to husband family income Husband’s family income permonth. Below Rs. 20,000/Rs. 20,000/- to 50,000/Rs. 50,000/- and above
Percentage of Cases 55% 35% 10%
It is worth mentioning the statics which was considered by this Hon’ble Court in Civil Appeal No. 1265 of 2017 (Rajesh Sharma &Ors. Vs. State of U.P. &Ors.)
Cases Arrest Fake Women Charge Sheet Conviction
Crime Records Bureau (CRB) 2005 2009 58319 89546 127560 6141
174395 8352
Report of Crime in India 2012 2013 46607 9 197762 47951 93.6% 14.4%
Pending Projected Acquittal Withdrawn
372706 317000
15.6% (7258) 38165 8218
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Main Petition, Synopsis & LoD in NYAYADHAR VS. UNION OF INDIA
Death
24,771 between 2012 – 2014 (>760 deaths in 2015)
The petitioner observed that a balanced and holistic approach is needed to curve this menace of cruelty. The point to be noted herein that thisHon’ble Court has not considered the number of deaths of woman which is an eye opening illustration of this abuse of cruelty against the women. So, the values to be attached to the rights of womenare no less than the value to be attached to the family as a unit and vice-versa. The challenge before the community is to ensure the promotion of both values. The true typed copy of Criminal Appeal No. 1265 of 2017 is annexed herewith as Annexure P-3 (Page 2.
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That the petitioner has never file any Writ Petition before this Hon’ble Court or any other court.
3.
Grounds: A.
Because it is a social institution where husband has the responsibility to take care and maintain his wife. She wants to feel safeguarding in the house but situation was against expectation when woman get cruelty and faces harassment behind the four walls of their matrimonial home.
B.
Because large victims are from poor and illiterate background, living in rural areas,mostly benefited from section 498-A of Indian Penal Code.
C.
Because sometimes, dowry may not be the cause but the woman for several reasons like her complexion or family status is tortured to death.
D.
Because in many cases the court has not considered mental cruelty caused to the woman but has concentrated only on any sign of physical cruelty. If evidence does not show that the woman was physically harassed, then the court does not look into the case. What the court does is call the woman hyper-sensitive or of low tolerance level and having an unstable mind.
E.
Because when woman to go to the police station to make a complaint for physical assault against her husband and other close relatives that time police send her to “Civil Hospital” or “Rural Health Center” because she had a injuries on her body which
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Main Petition, Synopsis & LoD in NYAYADHAR VS. UNION OF INDIA
required treatment. For going to hospital police station give ‘letter’ to woman for medical checkup but police station not maintain register for this type of letters.When woman gives that letter to hospital they took that letter and make registry to MLC register. Because of injuries and constant pain women took treatment, medicine and go home for rest and recover health.
In this all procedure police station not maintain register for letters which given to women and in hospital MLC register they not differently mention women cruelty cases and it shows only record in register. More so the police station didn’t file NC (Non-cognizable offence) because the woman didn’t go back to the police station after getting treatment from hospital. F.
Because in general the woman has no knowledge about going back to police station and register NC. Because of not registering NC no one make attention towards her complain and NC register make no use because of no complain file. That’s why women being left with no other option, so she feels helpless and once again she goes husband’s home then husband and his relatives increase confidence police and judicial system make no harm to them so they are more violent.
G.
Because a women who having gone to the Police Station with a genuine grievance go back to marital home with compromise women’s liberty and dignity in a state of distress she inspires to subside. Even unable to stay with relatives because according to Indian culture once women married she dies there but not come parental home and another reason is many times his father brother was not afford she stay with them.
H.
Because the courts have in several instances made a very narrow interpretation of this section considering it to be only cruelty in relation to unlawful demands or dowry demands.
I.
Because it is also clearly noticed that woman today are still tortured and often the court being the ultimate savior also does not come to the rescue to protect these woman.
J.
Because as per allegations the abuse of this section is mostly used by well-educated women who know that this section is
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Main Petition, Synopsis & LoD in NYAYADHAR VS. UNION OF INDIA
both cognizable and non-bailable and impromptu works on the complaint of the woman and placing the man behind the bars. But who will take-care the poor and illiterate women in society from this disease of cruelty? K.
Because, no doubt many times take due advantage of the fact that they are referred to as the ‘weaker sex’ and on the foundation of rights ensured to them are violating other’s rights, butthe position of the woman in India is still bad and they still need rights to alleviate themselves in society.
6.
PRAY E R
It is, therefore, respectfully prayed that this Hon'ble Court may be pleasedto: A.
Issue a writ for direction to the respondents thereby to implement the suggestion i.e. out of 3 members at least 2 ladies members should be appoint in the Family Welfare Committee;
B.
Issue a writ for direction to the respondents thereby to implement the suggestion i.e. one member who has done M.S.W. (Master in Social Work) should be appoint in the Family Welfare Committee;
C.
Issue a writ for direction to the respondents thereby to implement the suggestion i.e. at the time of counseling and recording of the facts, the Family Welfare Committee should mention and considered the economic status of the parties;
D.
pass any such other order(s) as deemed fit and proper to secure the ends of justice.
DRAWN BY:FILED BY: ALOK SINGH Drawn on: 10-09-2017 Filed on: 22-09-2017(MANJU SHARMA JETLEY) Advocate for the Petitioner C.C. NO. 350
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