'Misuse' of dowry laws: PIL seeks review and reform after Bengaluru techie's death
Days after 34-year-old Bengaluru techie Atul Subhash committed suicide due to alleged mental torture by his wife and in-laws, a PIL in the Supreme Court on Friday sought constitution of an expert committee headed by a former top court judge to review dowry, domestic violence laws and suggest measures to prevent their misuse.
“The Dowry Prohibition Act and Section 498A of IPC were meant to protect the married women from the dowry demands and harassment for that but in our country these laws have become a weapon to settle unnecessary and illegal demands and to suppress the husband’s family when any other nature of dispute arises between husband and wife,” petitioner advocate Vishal Tiwari submitted.
Citing the recent tragic suicide of Subhash, Tiwari said, “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.”
“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 petition read.
Noting that this was not only about one Atul Subhash, Tiwari submitted that there have been lacs of men who have committed suicide because of multiple cases showered upon them by the wives.
“The gross misuse of the dowry laws have defeated the purpose of these laws for which they were enacted. That these cases not only impact the lives and career 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,” he submitted.
Section 498 A of the Indian Penal Code has often been used as a tool for extortion and false accusations against husbands and their families, he said, adding lack of stringent penalties for false complaints has encouraged its misuse.
“The Domestic Violence Act was enacted to provide protection to women facing domestic abuse. However, it has also been misused to harass innocent family members, including elderly parents and distant relatives, in domestic disputes,” Tiwari submitted.
About the Prevention of Sexual Harassment at Workplace (POSH) Act, 2013, he said it was enacted to create safe workplaces for women. However, some cases have emerged where women have falsely accused colleagues or superiors for settling personal scores, he pointed out.
“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, Tiwari submitted.
“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 contended.
Tiwari urged the top court to issue a writ of Mandamus or any other appropriate writs and order to constitute an expert committee comprising retired judges, lawyers and eminent legal jurists headed by a former Supreme Court Judge to review and reform the existing dowry and domestic violence laws and give suggestions to prevent their misuse.
He urged the top court to direct the Government to consider and implement the observations of the Supreme Court in Preeti Gupta versus State of Jharkhand and Achin Gupta versus State of Haryana to stop harassment of husbands and their family members.
Tiwari also wanted a direction that along with every marriage registration application the list of articles/gifts/money given during the marriage shall also be furnished on an affidavit and the record shall be enclosed with the Marriage Registration Certificate to avoid future disputes on the issue.
