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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