The plea requested the creation of an expert committee headed by a retired high court judge to examine legislation pertaining to domestic abuse and dowries and recommend ways to stop their abuse. It will include renowned attorneys, retired judges, and legal scholars. The appeal also asked for a directive to document any gifts or objects given during marriage registration. Additionally, it aimed to implement the remarks made by the Supreme Court in a 2010 judgment that highlighted the misuse of IP Section 498A.
The appeal stated that to prevent its exploitation and abuse, it was time to review and amend the current Domestic Violence Act and dowry laws, citing the latest suicide case. According to the petition, innocent men’s lives could be saved and the true intent of the dowry laws would not be undermined. It also asked that a writ of mandamus or any other suitable writ be issued by the highest court.
The court called attention to the misuse of Section 498A of the Indian Penal Code (IPC) which allows the husband and his family members to be unduly involved in criminal proceedings where the wife is accused of domestic abuse and it encouraged the legislature to alter this, in the case of Preeti Gupta. In the Achin Gupta case, the Supreme Court asked the Parliament to reflect upon changing Sections 85 and 86 of the new criminal code, which are the equivalent of Section 498A IPC, to stop their misuse. The Bharatiya Nyaya Sanhita (BNS), which went into effect on 1st July 2024, has kept the clause, nevertheless.
The petitioner cited Atul Subhash’s suicide, which triggered heated online discussions, and stated that “the time has come to make review and reforms in existing Dowry laws and Domestic Violence Act so that its misuse and abuse could be stopped and innocent men can be saved and the real purpose of the Dowry laws may not be defeated.” The plea submitted that laws prohibiting dowries and domestic abuse were introduced to safeguard married women, however, these regulations have now been used by women as a tool to harass their husbands and their parents.
The PIL added, “There have been many incidents and cases of false implication of man in dowry cases, which has led to very tragic end and also raised question on our justice and criminal investigation system.” It further read, “Before he died by suicide, Atul Subhash recorded an 80-minute video in which he accused his estranged wife and her family of slapping multiple cases on him and his family to extort money from them. Atul Subhash also criticised the justice system in his 24-page suicide note. The Suicide note has also made allegations upon the judge of being demanding the money for settlement which is a very serious issue.”
The petitioner submitted, “The gross misuse of the dowry laws has defeated the purpose of these laws for which they were enacted. These cases not only impact the lives and careers of husbands and wives but also have a very deep impact in negative form upon their children. It affects their mental health behaviour which could result in the ruin of their proper growth.”
Atul Subhash mentioned that the 2013 Prevention of Sexual Harassment at Workplace (POSH) Act was passed to provide safe working conditions for women, but, he noted, that there have been instances where women have wrongly accused bosses or coworkers of settling personal scores. “Although stringent rape laws are essential to protect women against sexual violence, there have been instances of false accusations for personal vendettas or financial gains. In cases of divorce and child custody battles, some women misuse laws favouring mothers to gain sole custody of children, regardless of the child’s best interests,” he asserted.
According to the police, Subhash, who worked for a private company in the city, left behind a 24-page suicide note in which he described his years-long emotional agony over marital problems, many lawsuits brought against him, and harassment from his wife, family and a court in Uttar Pradesh. A police official informed that his wife Nikita Singhania, her mother Nisha, father Anurag, and uncle Sushil were all charged with aiding and abetting suicide after his passing.
