Dt.22/08/2007.

Hyderabad.

To,
The Central Public Information Officer,
PMO office,
Shri Kamal Dayani.
Joint Secretary.
South Block, New Delhi-1100011

Sub: Request for information under Right to information act–2005 regarding

implementation and usage of 498A and 3 & 4 of AP Dowry Prohibition acts.

Enclosed a postal order no: & of each Rs.5-

00 in favour of the accounts officer, PMO office, New Delhi.

Dear Sir,
I am Kollu Durga Prasad, Resident of Hyderabad, a victim of false 498a cases.
My parents who are farmers, hails from a small village of Andhra Pradesh. I have an
elder brother. We both studied Bachelor of Engg (completed in 1998 from Osamnia
University) and then joined in software organisation to persue our carrears.My
brother got married in 2002 Nov and he was blessed with a bay girl in 2003
September. His wife filed a false 498a case in 2005 dec , block mailed for huge
money and when we have not accepted the same she filed second false case in 2006
Jan. I have enclosed separate document regarding these cases.

Before our family came to know about these cases our life was different and once
these cases were filed our entire life pattern changed. We have been fighting against
these cases in lower courts, high court and police department instead of leading a
happy life but till now we did not get any justice and I do not have any hope about
legal system in this country for common man. I have been interacting with many
victims of these false 498A cases (At least 1000 from last one year) and going
through the material about these cases, reading important Supreme Court and high
court judgements.

My observation after interacting with many people and reading about cases are
that this 498A section is not helping any body except corrupted police officers and
lawyers, NCW, Mahila commissions, and middle men who make money out of these
false 498A cases at the cost of spoiling families and making children orphans. In
every case filed at least 3 to 6 people (at least 1 to 2 women and elder people) get
arrested and anywhere between 1 Lakh to 5 Lakh money is spent for getting bails ,
bribing police officers, lawyers . After that there has been a long battle of cases,
counter cases (Divorce, maintenance etc) for 3 to 6 years. Small children suffer by
missing any one of the parent. Some times people who get arrested become
mentally disturbed and commit suicide. If there are any unmarried sisters or brother,
then getting those married would become next to impossible. If a NRI is involved
then he could never come back to India with the fear of getting arrested in India and
no confidence in Indian legal system that he would get justice. It is a long suffering
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for the victims of these cases and they also develop hatred towards society and legal
system. Now days these men are forming organisations to create awareness and
help fellow victims. Many victims told me that there are so many well educated ,
doing very good in their jobs , who do not have any criminal back ground are
suffering in Hyderabad central jails (Chanchalguda and Charlapalli) along with their
relatives and parents waiting for bails when they get arrested which is basic human
rights violation

The girl, at the time of filing these cases, she or her family does not know full
consequences of these cases. Once a case is filed, she can never rejoin with her
husband’s family, have to stay with her parents, suffer by attending courts, and face
the consequences by getting divorced etc.In a way her whole life is spoiled. Most of
the girls are filing these cases for following reasons
• When she does not want her husband to support his family financially
• When she does not want to stay with her in laws
• When she has any pre marital or post marital affairs
• When she wants some property to be transferred to her name but
husband does not agree for the same
• For small issues like husband not behaving as per her expectations
• When she is suffering from any psychological problems
• Just thinking that if she files a case then her husband would listen to
what ever she or her parents say (which is never true)
• When she is really suffering from dowry harassment
• Some women are making it as a business to make money.

Some of the above problems are very common in any family life and they are
easily solved during the course of time. But because of this law, the wife files cases
then every body’s life is spoiled.
The police officers (SI and CI rank) involved in the cases
mostly behave very immature way. Their only concern is how much money they can
make out of these cases. They say as per law, if a 498a complaint comes they can’t
help except arresting the accused and produce in court with out any enquiry. Some
times if there is any sincere police officer who does proper enquiry and gives correct
report then there is pressure from women organisations to take action. It is also my
observation that our entire judicial system is influenced by Women organisations. In
a way judges are also scared to give bails immediately when complaint itself is
frivolous.

Also following are the excerpts from High court and Supreme Court judgements
regarding misuse of these acts.

Sushil Kumar Sharma Vs. Union of India (UOI)

* Honourable Judges: Arijit Pasayat and H.K. Sema, JJ.
*Date Of Judgment:Jul 19 2005
* Case No: Writ Petition (C) No. 141 of 2005

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 ignomy 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

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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. The
provision is intended to be used a shield and not an assassin's weapon. If cry of
"wolf" is made too often as a prank assistance and protection may not be available
when the actual "wolf" appears. There is no question of investigating agency and
Courts casually dealing with the allegations. They cannot follow any straitjacket
formula in the matters relating to dowry tortures, deaths and cruelty. It cannot be
lost sight of that ultimate objective of every legal system is to arrive at truth, punish
the guilty and protect the innocent. There is no scope for any pre-conceived notion
or view. It is strenuously argued by the petitioner that the investigating agencies
and the courts start with the presumptions that the accused persons are guilty and
that the complainant is speaking the truth. This is too wide available and generalized
statement. Certain statutory presumptions are drawn which again a re rebuttable. It
is to be noted that the role of the investigating agencies and the courts is that of
watch dog and not of a bloodhound. It should be their effort to see that an innocent
person is not made to suffer on account of unfounded, baseless and malicious
allegations. It is equally undisputable that in many cases no direct evidence is
available and the courts have to act on circumstantial evidence. While dealing with
such cases, the law laid down relating to circumstantial evidence has to be kept in
view.

IN THE HIGH COURT OF DELHI AT New Delhi

Reserved on: 12.02.2007 Date of Decision: February 23, 2007
CRL.M.C.7262/2006 by JUSTICE SHIV NARAYAN DHINGRA
Now-a-days, exorbitant claims are made about the amount
spent on marriage and other ceremonies and on dowry and gifts. In some
cases claim is made of spending crores of rupees on dowry without
disclosing the source of income and how funds flowed. I consider time has
come that courts should insist upon disclosing source of such funds and
verification of income from tax returns and police should insist upon the
compliance of the Rules under Dowry Prohibition Act and should not
entertain any complaint, if the rules have not been complied with.
The Metropolitan Magistrates should take cognizance of the offence
under the Act in respect of the offence of giving dowry whenever allegations
are made that dowry was given as a consideration of marriage, after
demand. Courts should also insist upon compliance with the rules framed
under the Act and if rules are not complied with, an adverse inference
should be drawn. If huge cash amounts are alleged to be given at the time
of marriage which are not accounted anywhere, such cash transactions
should be brought to the notice of the Income Tax Department by the Court
so that source of income is verified and the person is brought to law. It is
only because the Courts are not insisting upon compliance with the relevant
provisions of law while entertaining such complaints and action is taken
merely on the statement of the complainant, without any verification that a
large number of false complaints are pouring in.
6. I consider that the kinds of vague allegations as made in the
complaint by the petitioner against every member of the family of husband
cannot be accepted by any court at their face value and the allegations have
to be scrutinized carefully by the Court before framing charge.

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The direction was given by Chief Justice of Jharkhand Mr V. K. Gupta on 11.07.2001

against a case "Birendra Jha v/s The State of Jharkhand , A.B.A No. 4654 of 2001".

On the question of grant of bail to accused I may also observe that there is
another category of offences where normally bail should be granted and
refusal should be an exception. I’m talking of offences under Section 498A
I.P.C. and Section 4 of the Dowry Provision Act, 1961.… In those cases
where it is manifestly clear, on a plain reading of the police report or the
contents of the private complaint that neither any grievous injury has been
inflicted upon the alleged victim nor is there any other clear proof of the
alleged victim having physically suffered and that there is also no serious
allegation supported with positive proof of dowry having been demanded in
the immediate proximity of the marriage or thereabout, the bail should be
granted. It happens quite often that in ordinary matrimonial disputes or
where there is some discordant note in a matrimonial relationship, the
woman as an alleged victim sets in motion 498A or Sec. 4…
5. Registrar General of this court is directed to circulate copies of this
judgment to all Subordinate Courts in the Sate of Jharkhand for their
information, compliance and necessary action. “

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL. R 462/2002 DATE OF DECISION: May 19, 2003
Savitri Devi .............Petitioner. Through Mr. H C Mittal,Adv.
Versus Ramesh Chand and Ors. ............Respondents Through Mr. R P Bhardwaj,
Adv.
HON'BLE MR. JUSTICE J.D. KAPOOR

21.Before parting, I feel constrained to comment upon the misuse of the

provisions of Section 498A/406 IPC to such an extent that it is hitting at the
foundation of marriage itself and has proved to be not so good for the
health of the society at large.
To leave such a ticklish and complex aspect of proposition as to what
constitutes `marital cruelty' and `harassment' to invoke the offences
punishable under sections 498A/406 IPC to a lower functionaries of police
like Sub Inspectors or Inspectors whereas some times even courts find it
difficult to come to the safer conclusion is to give the tools in the hands of
bad and unskilled masters.
22. This Court has dealt with thousands of cases and matters relating to
dowry deaths and cases registered under Section 498A./406/306 IPC
arising out of domestic violence, harassment of women on account of
inadequate dowry or coercion of the woman for not fulfilling the demand of
dowry and hundred of divorce cases arising therefrom. Experience is not so
happy nor is implementation or enforcement of these laws is anything but
satisfactory or punctilious.
23.These provisions were though made with good intentions but the
implementation has left a very bad taste and the move has been counter
productive. There is a growing tendency amongst the women which is
further perpetuated by their parents and relatives to rope in each and every
relative- including minors and even school going kids nearer or distant
relatives and in some cases against every person of the family of the
husband whether living away or in other town or abroad and married,
unmarried sistes, sister-in-laws, unmarried brothers, married uncles and in
some cases grand-parents or as many as 10 to 15 or even more relatives of

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the husband. Once a complaint is lodged under Sections 498A/406 IPC

whether there are vague, unspecific or exaggerated allegations or there is
no evidence of any physical or mental harm or injury inflicted upon woman
that is likely to cause grave injury or danger to life, limb or health, it comes
as 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 here
and there and force them to hide at their friends or relatives houses till they
get anticipatory bail as the offence has been made cognizable and non-
bailable.Thousands of such complaints and cases are pending and are being
lodged day in and day out.
24.These provisions have resulted into large number of divorce cases as
when one member of the family is arrested and sent to jail without any
immediate reprieve of bail, the chances of salvaging or surviving the
marriage recede into background and marriage for all practical purposes
becomes dead. The aftermath of this is burdensome, insupportable and
miserable more for the woman. Remarriage is not so easy. Once bitten is
twice scared. Woman lacking in economic independence starts feeling as
buden over their parents and brothers. Result is that major bulk of the
marriages die in their infancy, several others in few years. The marriage
ends as soon as a complaint is lodged and the cognizance is taken by the
police.
25.It was primarily a social problem and social evil but has been allowed to
be dealt with iron and heavy hands of the police. These provisions have
tendency to destroy whole social fabric as power to arrest anybody by
extending or determining the definition of harassment or cruelty vests with
the lower police functionaries and not with officers of higher rank who have
intellectual capacity to deal with the subject.
29.To start with, marital offences under Sections 498A/406 IPC be made
bailable , if no grave physical injury is inflicted and necessarily
compoundable. If the parties decide to either settle their disputes amicably
to salvage the marriage or decide to put an end to their marriage by mutual
divorce, they should be allowed to compound the offences so that criminal
proceedings don't chase them if they want to start their marital life afresh
or otherwise. The past should not haunt them nor the hatchet they have
buried should be allowed to be dug up and mar their present life or future
married life.
30.Lastly in view of sensitivity of such offences and in order to avoid
clumsiness in human relations and viewing this problem from human and
social point of view, and the law as it stands today it is required that the
investigation into these offences be vested in civil authorities like Executive
Magistrates and after his finding as to the commission of the offence,
cognizance should be taken. Till such a mechanism is evolved, no police
officer below the rank of ACP for the offences under sect on 498A/406 IPC
and D.C.P for the offence under Section 304-B IPC i.e dowry death should be
vested with investigation and where minor school going children are named,
they shall not be arrested and be sent to the court for taking cognizance and
futher proceedings. Their arrest ruin their future life and lower them in their
self esteem. This court has even dealt with the bail applications and
prosecution of children merely for the fact that their names also figured in
the complaint lodged by the wife. In certain cases even grand-parents of the
husband who are in their eighties and nineties suffer this traumatic
situation.

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31.There is growing tendency to come out with inflated and exaggerated

allegations roping in each and every relation of the husband and if one of
them happens to be of higher status or of vulnerable standing, he or she
becomes an easy prey for better bargaining and blackmailing.
32. These ground realities have pursuaded this court to recommend to the
authorities and law makers to have a review of the situation and legal
provision.
33. Copy of the order be sent to Law Secretary, Union of India.

IN THE HIGH COURT OF KARNATKA AT BANGALORE

DATED THIS THE 15th DAY OF APRIL , 2005
THE HON’BLE JUSTICE A.C. KABBIN
CRIMINAL PETITION NO 4121/2003

With regards to this the obervations made by the Andhra Pradesh High Court in the
case of Saritha Vs R.Ramachandra reported in (I) (2003) DMC 37 ( DB ) may be
reffered to
“The court would like to go on record that for nothing teh educated women
are approaching the courts for divorce and resorting to proceedings against
in-laws under section 498a , IPC implicating not only the husbands but also
their family members whether in India or Abroad. This is nothing but misus
eof the beneficial provision intended to save the women from unscrouplous
husbands . It has taken a reverse trend now. In some cases this kind of
actions is coming as a formidable hurdle in the reconciliation efforts made
by either well maening people or the courts.and the sanctitiy attached to
the marriage in Hindu Religion and the statutory mandate that the courts
try to save the marriage through concilliatory efforts till last , are being
buried neck-deep . It is for the law commision and the parliament either to
continue that provision ( section 498a IPC ) in the same form or to make
that offense non cognisable and bailable so that ill-educated women of this
country do not misuse the provision to harass innocent people for the sin of
contracting marriage with egositic women “

During my interaction with people, for every case police and judges are
seems to be not following any guidelines provided by higher courts or law
department. This is basic human rights violation making innocent people suffers so
much for no mistake of theirs. Now I would like you to study about 498A cases
implementation and usage and provide detailed information for following points. If it
is possible, please circulate the same information to all departments (also to major
news papers) which are involved in implementing this section

1. When Mallinath committee suggestions would get implemented .If not why?
2. What is the action taken on Supreme Court Response for a PIL filed against
498A Sushil Kumar Sharma Vs. Union of India (UOI) and Ors - Jul 19 2005 *
Citation: JT 2005 (6) SC 266 by Honorable Judges: Arijit Pasayat and H.K. Sema, JJ.
when implementing section 498A
3. Why Jharkhand High Court Decision is not applicable to entire India
Chief Justice of Jharkhand Mr V. K. Gupta on 11.07.2001 against a case
"Birendra Jha v/s The State of Jharkhand, A.B.A No. 4654 of 2001".
4. What is the action taken by Central Government for the Judgement given by
HON'BLE MR. JUSTICE J.D. KAPOOR in case no 462/2002 19.05.2003

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5. What is the action taken by the government for the Judgement given by
JUSTICE SHIV NARAYAN DHINGRA, IN THE HIGH COURT OF DELHI AT NEW
DELHI Reserved on: 12.02.2007 Date of Decision: February 23, 2007
CRL.M.C.7262/2006 which clearly talks about the procedure to be followed
when these cases are filed.
6. What is the procedure to be followed by police and judicial system when a
498A case is filed?
7. What are the guidelines given to police department and judges to ensure that
this act is not misused and innocent people do not suffer?
8. Why government is not following the rules laid by Supreme Court and high
court when courts many times saying these sections are misused.
9. Statistics of 498A cases with following details in following format
a. No of 498A cases filed in each state, year wise from year 1990 to till
date.
b. Total No of accused
c. No of people got arrested
d. No of people who got anticipatory bail
e. No of accused who are women
f. No of cases found false at FIR stage
g. No of cases found false at Trail stage
h. No of cases got convicted
i. No of people got convicted (MALE/FEMALE)

Thanking you sir,

Yours truly,

Kollu Durga Prasad.

H.No: 6, S R Enclave,
Beside Vignan School,
Madeenaguda, Hyderabad-50.
Mobile: 98482 80354.
Email id : kollud@yahoo.com.

Enclosed

1. Mallinath Committee suggestions on section 498A

2. Jharkhand High Court Decision to all the courts situated in Jharkhand. by
Chief Justice of Jharkhand Mr V. K. Gupta on 11.07.2001 against a case
"Birendra Jha v/s The State of Jharkhand, A.B.A No. 4654 of 2001".
3. Supreme Court Response for a PIL filed against 498A Sushil Kumar Sharma Vs.
Union of India (UOI) and Ors - Jul 19 2005 * Citation: JT 2005 (6) SC 266
* Honorable Judges: Arijit Pasayat and H.K. Sema, JJ.
4. IN THE HIGH COURT OF DELHI AT NEW DELHI CRL. R 462/2002 19.05.2003
DATE OF DECISION: May 19, 2003 Savitri Devi verses Ramesh Chand and Ors.
HON'BLE MR. JUSTICE J.D. KAPOOR
5. IN THE HIGH COURT OF KARNATKA AT BANGALORE
DATED THIS THE 15th DAY OF APRIL , 2005
THE HON’BLE JUSTICE A.C. KABBIN , CRIMINAL PETITION NO 4121/2003

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6. IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 12.02.2007 Date of Decision: February 23, 2007
CRL.M.C.7262/2006 Smt. Neera Singh Petitioner versus
THE STATE (GOVT. OF NCT OF DELHI)andORS
7. Please visit www.saveindianfamily.org , www.498a.org
www.protectindianfamily.org To know more facts about 498a, search the
Internet for Misuse Dowry laws, Elder abuse India, Misuse of 498a”.