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October 17, 2024
Lawyers call for stronger action on misuse of 498A in Bengaluru techie suicide case, urge reform
In the wake of the tragic suicide of a Bengaluru tech professional, criminal lawyer Advocate Vikas Pahwa on Wednesday called for urgent reforms to curb the misuse of Section 498A, which deals with dowry harassment.
Speaking on the issue, Pahwa described the case as “very serious” and highlighted how the law has been exploited over the years, particularly by disgruntled individuals looking to extort money from the husband’s family.
As a criminal lawyer with over three decades of experience, Pahwa recounted how he has personally witnessed the abuse of Section 498A by some within the legal fraternity, police machinery, and those filing false cases. He emphasized that while there are genuine instances of dowry harassment, a large number of cases are filed with the ulterior motive of pressuring the husband and his family into settling matters financially.
The misuse of this law has a profound impact on the social fabric of society
Pahwa said, pointing out that not only the husband, but also the father-in-law, mother-in-law, and other family members are often falsely implicated. He added:
Most of these cases are baseless, and it is time serious action is taken to prevent such exploitation of the law
Pahwa’s comments have drawn attention to the growing concern about the abuse of dowry laws in India, and he believes that the current legal framework needs to be overhauled to ensure that only genuine cases are pursued. The lawyer concluded by stressing the need for reforms to protect families from wrongful legal action and to preserve the integrity of the justice system.
In an interview with ANI, Advocate Sumit Gehlot, known for defending criminal cases, expressed his deep concern over the tragic Bengaluru techie suicide case. He stated:
This is indeed a very unfortunate incident. From a legal perspective, it highlights critical issues concerning mental health, legal harassment, and the misuse of the legal system.
Gehlot acknowledged that while the Dowry Prohibition Act and Section 498A of the IPC were designed to protect women from domestic violence and dowry-related harassment, these laws have unfortunately been misused in some instances. I’ve witnessed numerous cases where these provisions have been weaponized to harass not just the husband but his entire family. This misuse can cause immense psychological distress, financial strain, and, as seen in this case, tragic outcomes. The law must be used for its intended purpose–to protect genuine victims–but safeguards must be put in place to prevent its abuse.
Addressing the issue of false legal cases, Gehlot emphasized that individuals who are victims of such actions have legal recourse. Those who have been falsely implicated can file counter-complaints for defamation or malicious prosecution. They can also seek damages for defamation and harassment. In extreme cases, if false allegations lead to severe consequences like suicide, there could be grounds for criminal charges against those responsible, including for harassment or even abetment of suicide.
Gehlot also stressed the need for greater accountability in the legal system. Recently, in a case, quashing of FIR registered under Section 498A matter Justice JB Pardiwala and Justice Manoj Misra of the Supreme Court have stressed that Police machinery should be resorted to as a measure of last resort and that too in a genuine case of cruelty and harassment and the law commission and law ministry should take a relook at the provision. Cruelty in matrimonial homes is defined under Sections 8586 of BNS, which are nothing but verbatim reproduction of Section 498A of IPC.
Courts should approach cases involving serious allegations, like dowry harassment, with greater caution and conduct thorough investigations before proceeding. Mediation and counselling should also be encouraged as preventive measures to resolve disputes. Furthermore, law enforcement and legal professionals need better training to distinguish between genuine and false cases.
Criminal lawyer Ashish Dikshit stated that the legal system, in many cases, has created an environment where failed marriages do not simply end in divorce, but often lead to prolonged misery for the husband.
“I am not generalizing, but the data suggests that when a marriage isn’t working out, the husband is often the primary sufferer,” he said.
He explained that in most instances when a husband files for divorce on the grounds of cruelty or an irreparable marriage, the wife often retaliates by filing multiple cases against him and his family.
“I have termed these cases a ‘bouquet of cases’, where multiple claims are made in domestic and matrimonial matters, leading to prolonged legal battles,” he added.
Dikshit emphasized that the process of litigation itself becomes a punishment in India, where lengthy court proceedings and legal costs can put immense strain on the husband and his family.
“Especially for those in the working class, employed in the service sector, they often see a significant portion of their salary going towards maintenance payments. Additionally, hefty alimony demands add to the burden,” he pointed out.He described a troubling scenario where husbands who have been married for only a few months are faced with exorbitant alimony demands, further complicating their lives.
Dikshit concluded by calling on both the legislature and the judiciary to take cognizance of the issue and implement reforms to prevent such misuse of the legal system.
“It’s a tricky situation, but the law must evolve to protect not just women, but also men who are unfairly dragged into such legal battles,” he said.
Echoing these concerns, Criminal lawyer Juhi Arora also highlighted that courts, including the Supreme Court, have repeatedly expressed concern over the misuse of dowry laws, particularly in cases where false accusations lead to the harassment of entire families. She pointed out that the misuse of these laws has become so prevalent that it sometimes leads to tragic consequences, including suicides.
Arora called for stricter scrutiny and clearer guidelines to ensure that dowry laws are applied fairly and only in legitimate cases of abuse. She stressed the importance of providing proper legal counsel to individuals involved in such cases to prevent them from becoming victims of legal harassment or extortion.
Meanwhile, Deputy Commissioner of Police (DCP), Whitefield, Shivakumar on Tuesday confirmed that Bengaluru-based techie Atul Subhash committed suicide in the early hours of December 9 following harassment from his wife and her family.
Speaking to ANI, the DCP said,
“Atul Subhash committed suicide during the early hours of 9th of December. A complaint has been lodged at the Marathahalli police station in Bengaluru regarding this. Multiple cases were running against him in Uttar Pradesh.”
His wife and her family members demanded money from him to settle this issue and harassed him. For those reasons, he died by suicide. Based on this complaint, we registered an FIR against the accused. An investigation is underway,” said the official. According to a statement released by the police, the victim was a resident of Uttar Pradesh who was living in Bengaluru. The police stated that the Hoysala Police Control Room received a call at 6:00 am on Monday about the suicide in a flat at Bengaluru’s Manjunatha Layout in the Delfinium Residency.
The statement further stated that when the police went to search the place, the flat was locked from inside, and the lock was broken, following which they went inside and saw Atul hanging from a ceiling fan by the support of a nylon rope. The police stated that he was found dead upon arrival.
The police informed the incident to the brother of the deceased, Bikas Kumar, who later filed a complaint against Subhash’s wife, his mother-in-law, his brother-in-law, and his wife’s uncle, accusing them of filing a false complaint against Subhash and demanding Rs 3 crore money for the settlement, which led to his mental and physical harassment, following which he had to take the step.
In his suicide note, Subhash called for justice, stating, “Justice is Due” on every single page of the 24-page note. Along with his wife and her family members, Subhash also accused a family court judge in Uttar Pradesh’s Jaunpur of not hearing him out, and an officer in the court, accusing him of taking bribes in front of the judge.
Subhash further described the instances that instigated him to take such a step. Subhash recorded a video describing his alleged harassment and asking his family members not to immerse his ashes till justice is served to him. His suicide note also had a message for his four-year-old son who he claimed had been kept estranged from him. The note also called for his parents to be given custody of his child.
The note and the link to the Video were sent to the WhatsApp group of an NGO, to which he was connected. Subhash alleged in his suicide note that his wife had filed nine cases against him, including murder, sexual misconduct, harassment for money, domestic violence, and dowry.
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