To Dr. Brahm A. Agrawal, Member Secretary LAW COMMISSION OF INDIA, 2nd Floor, The Indian Law Institute Building (Opp. to Supreme Court), Bhagwandas Road, New Delhi - 110 001.

Sub: Open Letter to the Law Commission of India about amendment of Section 498A

Respected Sir,

I would like to highlight certain perspectives about Section 498A which are very essential and crucial to be brought forth before we talk about any change in it.

Legal Perspective

Section 498A of the Indian Penal Code is a non-bailable, cognizable and non-compoundable offense introduced in the year 1983. As your paper already contains the definition and explanation of the same from the Government’s point of view, I am not going to elaborate on the same. Rather I am going to highlight the legal aspects of this section which have probably and unfortunately been overlooked by the Government, either during its formulation and/or its implementation.

Section 498A is an inter-gender and intra-gender biased piece of legislation having its own set in-built assumptions and presumptions. It starts with the onset that this law has been enacted to prevent “Cruelties against married women by their husbands and his relatives”. This assumption that only a “young wife” could be subjected to cruelty in marriage and only at the hands of husbands and relatives is a very dangerous one because it puts all husbands and all wives into a meme called “Criminal Men Victim Women Syndrome.”

Sub: Open letter opposing support to Congress Party for fielding Renuka Choudhary

Respected Sir,

Save Indian Family Foundation (SIFF), is a non-profit non-funded organization, involved in creating awareness about rampant family-breaking happening in India due to abuse of husbands and their families in various false cases under Section 498A of the IPC, the Domestic Violence Act, Section 125 CrPC, etc.

SIFF is registered under the aegis of the Save Indian Family movement which has around 30 local chapters, 30 NGOs and about 30,000 members all over India actively involved in creating awareness about rampant family breaking due to the use of wrong and unconstitutional laws.