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CRISP - Recommendations on “Amendments in Section 498A of Indian Penal Code PDF Print E-mail
(0 Votes)
Written by CRISP   

CRISP, c/o PBA Srinivasan, B-1/6, Hauz Khas, New Delhi – 110016, Mob: (0) 98716 43443

Ref: CRISP/031210/1 3rd December, 2010

To

Sri Rakesh Naithani,

Joint Director, Rajya Sabha Secretariat,

Parliament House Annexe

New Delhi – 110001

Subject: Recommendations on "Amendments in Section 498A of Indian Penal Code, 1860" and request for deposition in front of the Committee.

Honorable Members of the Committee,

This memorandum is in response to your call for feedback, comments and suggestions on "Amendments in Section 498A of Indian Penal Code, 1860". We would also like to request for an opportunity to present our data, on how the misuse of 498a is detrimental to the future of a child and in this regard, we humbly request for an opportunity to depose in front of the esteemed committee.

About CRISP:

CRISP conducts regular press conferences and Dharnas on shared parenting and misuse of gender biased Laws. One such media article in enclosed as Annexure 1. Another DNA article featuring the undersigned in enclosed as Annexure -2. Mothers and Sisters of Husband sitting for Dharna, on International Women’s Day, which was made a cover feature in India News Magazine is enclosed as Annexure–3. For all our outstanding works, CRISP was appreciated by the National Commission for protection of Child Rights which is enclosed as Annexure-4.

Introducing unnecessary animosity between the parents is severely detrimental to the future of the child. A child needs role models in life and no role model can be better than its own parents.

We humbly ask that, what role model would a woman make who lies and then misuses a draconian legislation (Section 498a) to get her husband and his family behind bars just to seek vengeance. What will the child be able to learn from a mother like this? It is more than likely, that the child with such a parent will grow up to become a hotbed of hatred, anger and depression. What does the child think or feel when it sees or later learns that his father and grandparents were imprisoned in a jail, based on a false charge?

This is already happening in the United States and will start happening in India very soon, as the fatherless children grow up in the custody of mothers who, rampantly misused laws meant to protect them.

In United States of America,

5 times more likely to commit suicide

32 times more likely to run away from home.

20 times more likely to have behavioral disorders

14 times more likely to commit rape

9 times more likely to drop out of high school.

10 times more likely to abuse chemical substances (become drug addicts)

9 times more likely to end up in a state-operated institution

20 times more likely to end up in prison.

3 million teenage girls have sexually transmitted diseases

At least 1 out of 4 teenagers (between 14 years to 19 years) suffers from sexually transmitted diseases.

Page 3 of 9

Today Section 498A IPC is being misused mainly to deny custody of child/children to the father and his family. CRISP has witnessed several cases where children have been wrongfully deprived of fatherly care and affection through such indiscriminate, rampant misuse of this law. Many fathers have committed suicide after being jailed under Section 498a and subsequently completely cut off from their children as they could not bear the separation from their own kids.

Children who see, or later learn that their fathers and grandparents were imprisoned, go through severe emotional trauma which cannot be measured in any way. The child is confused and does not know what to do or say as it is reduced to a commodity at the hands of its mother who does not think twice before using the child as a pawn. It is important for the government to wake up and see this terrible act and take steps to stop this future social catastrophe, as it has happened in western countries. We have to learn from the social experiments in America and Europe and stop repeating the mistakes, the western countries did in last 30 years. And thus we should immediately make changes in Section 498A IPC, so that such same catastrophe does not happen in India.

Furthermore, it is not in the best interest of children who are our future citizens, be branded as child of a criminal, whose father and grandparents stayed in jail.

Children/Babies are getting arrested under Section 498a IPC

If innocent children being deprived from fatherly love are not trauma enough, 498a also rampantly leads to the arrests of children and even babies. According data from the National Crime records bureau (NCRB) every day at least one child is arrested under section 498a. In most cases children who are part of the husband’s extended family are also deliberately named as accused in false 498a complaints and the Indian police are only more than willing to oblige by arresting children to put pressure and then extort hefty extortion settlements from the husband and his family.

Table: 1; No of Children Arrested or Jailed under IPC 498A Year

Number of Children Arrested/Jailed

2003

297

2004

294

2005

339

2006

280

.
reported statistics tells that Children from fatherless homes are:

 

Misusing 498a is hastening a fatherless society in India

We represent CRISP, an acronym for Children’s Right Initiative for Shared Parenting. CRISP is a registered, Non Governmental Organization (NGO) founded by a group of citizens, who recognize the serious effects of "parental alienation" on children due to single parent families on account of divorce or separation. CRISP also focuses on furthering the rights of a child to remain connected with both parents. While most NGOs pertaining to children deal with issues related to child labor, education, etc., we deal with issues related to unquestionable right of children to be cared for by both biological parents. Page 2 of 9

 

Head Office: # 78, Osborne Road, (Near Lake Side Hospital), Bangalore - 42, India. Helpline No: +91 80 25593848, Mobile No: +91 98452 64488.

Website: www.crisp-india.org

 



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