A petition has been filed in the Supreme Court seeking measures to address the misuse of dowry and domestic violence laws in the wake of the tragic suicide of a 34-year-old software engineer, Atul Subhash, in Bengaluru.
Subhash, originally from Uttar Pradesh, was found dead at his residence on Tuesday. He left behind a detailed 24-page note and a 1.5-hour video alleging harassment by his estranged wife and her family, who he claimed had filed false cases against him.
The plea, submitted by advocate Vishal Tiwari, calls for guidelines to prevent the abuse of Section 498A of the Indian Penal Code (IPC), which deals with cruelty by a husband or his family toward the wife. It also requests the formation of an expert committee, comprising retired judges, legal experts, and jurists, to review and reform laws related to dowry and domestic violence. Additionally, the petition suggests that marriage registrations include an inventory of gifts and articles exchanged during the ceremony.
The Supreme Court has previously expressed concerns over the misuse of Section 498A, emphasizing the need for caution in handling such cases to avoid implicating innocent family members unnecessarily. The court noted that while the provision was introduced to protect women from cruelty and ensure state intervention, there has been a growing trend of its misuse as a tool for personal vendetta.
In its recent observations, the court stated that vague or generalized accusations made during matrimonial disputes could lead to the weaponization of legal provisions, undermining their original intent. The court warned against such misuse, noting it could result in harassment and arm-twisting of the husband and his family.
This development comes amidst rising calls for a balanced approach to addressing domestic violence while safeguarding against the exploitation of legal provisions meant to protect victims.