 "The Supreme Court, referring to Section 498A of the Indian Penal Code, has said that it has witnessed a 'growing tendency to misuse' the law that protect women from cruelty. Reuters")
The case of the Bengaluru techie who committed suicide has taken India by storm.
Atul Subhash, a senior executive at a private Bengaluru firm, alleged he was being harassed by his estranged wife, her family and a judge.
Subhash, 34, was found dead at his flat in Bengaluru’s Marathahalli on Monday.
He left a 24-page letter and an 80-minute video laying out the details of his alleged harassment.
Now, the Supreme Court has chimed in – saying that a law to safeguard women is being misused to target husbands and their families.
But what did the apex court say exactly? And do we know about the law is it referring to?
Let’s take a closer look:
What did SC say?
According to The Week, the court, referring to Section 498A of the Indian Penal Code, on Tuesday said that it has witnessed a “growing tendency to misuse” the law that protect women from cruelty.
The bench comprising Justice BV Nagarathna and Justice N Kotiswar Singh made the remarks while voiding an order by the Telangana High Court that refused to quash a dowry harassment case against a man and his family.
As per NDTV, the court said an examination of the FIR revealed that the wife’s accusations were “vague and omnibus.”
It added that some of the accused bear no relation to the matter and “have been dragged into the web of crime without any rhyme or reason.”
“A mere reference to the names of family members in a criminal case arising out of a matrimonial dispute, without specific allegations indicating their active involvement should be nipped in the bud,” the court said. “It is a well-recognised fact, borne out of judicial experience, that there is often a tendency to implicate all the members of the husband’s family when domestic disputes arise out of a matrimonial discord,” the court said.
“Sometimes, recourse is taken to invoke Section 498A of the IPC against the husband and his family in order to seek compliance with the unreasonable demands of a wife,” the bench said as per Bar and Bench.
“In recent years, as there have been a notable rise in matrimonial disputes across the country, accompanied by growing discord and tension within the institution of marriage, consequently, there has been a growing tendency to misuse provisions like Section 498A of the IPC as a tool for unleashing personal vendetta against the husband and his family by a wife. Making vague and generalised allegations during matrimonial conflicts, if not scrutinised, will lead to the misuse of legal processes and an encouragement for use of arm twisting tactics by a wife and/or her family,” the court added.
“We are not, for a moment, stating that any woman who has suffered cruelty in terms of what has been contemplated under Section 498A of the IPC should remain silent and forbear herself from making a complaint or initiating any criminal proceeding. That is not the intention of our aforesaid observations but we should not encourage a case like as in the present one, where as a counterblast to the petition for dissolution of marriage sought by the first appellant-husband of the second respondent herein, a complaint under Section 498A of the IPC is lodged by the latter,” the court added.
What we know about Section 498A
Section 498A is known as the domestic violence law.
Its states
“Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation.— For the purpose of this section, “cruelty” means—
(a) Any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.”
According to Business Standard, the Bharatiya Nyay Sanhita (BNS), 2023, has replaced the Indian Penal Code.
Section 498A is now Section 85 of the BNS.
However, the laws are virtually identical.
As per News18, a Supreme Court bench comprising Justice JB Pardiwala and Justice Manoj Mishra noted how Sections 85 and 86 of the BNS were “verbatim reproduction of Section 498A of the IPC. The only difference is that the explanation to Section 498A is now by way of a separate provision, that is, Section 86 of BNS".
‘Among most abused provisions’
This isn’t the first time the Supreme Court has commented on Section 498A.
As pe_r News18,_ Justice BR Gavai in September said that this law is among the most abused in the country.
Gavai brought up a case in Nagpur “where a boy went to the US, and for an unconsummated marriage, he had to pay Rs 50 lakh.”
“Not even a single day of living together, and that’s the arrangement. I have openly said Domestic Violence, 498A is among the most abused provisions. My brothers may agree," Gavai said.
“In such matters, getting freedom is the best thing,” Gavai said as per Business Standard.
The Supreme Court isn’t alone in expressing concern about the law as is stands.
The Bombay High Court in August also said it was worried about estranged wives misusing the Domestic Violence Act to harass husbands.
In July 2023, the Jharkhand High Court said that while Section 498A was brought in to safeguard women, it is now often used for vindictive purposes.
In May 2023, the Kerala High Court too expressed concern over Section 498A being used in matrimonial disputes instead of justice.
Some experts say it is time to have a rethink about the efficacy of the law.
Vikas Pahwa, an advocate from Delhi, told News18, “I have seen how 498A has been misused by the legal fraternity, the police machinery, the disgruntled ladies, those who have filed all these cases."
“I think this issue now should be taken very seriously because 498A misuse should be curbed. After all, it has an impact on the social fabric of our society. There are false allegations which are not only filed against the husband but also against the father-in-law, mother-in-law, sister-in-law, and brother-in-law, of the family. They are also implicated in these kinds of cases and most of them are false. I’m not saying genuine cases are not there," Pahwa added.
Subhash’s body was found hanging at his residence in the Manjunath Layout area, which falls under the Marathahalli police station limits.
A placard reading “Justice is due” was found in the room where he ended his life.
In the video, which has now gone viral on social media platforms, Subhash can be heard saying, “I feel that I should kill myself because the money I earn is making my enemies stronger. That same money will be used to destroy me, and this cycle will keep going.
“With the money from my taxes, this court and police system will harass me, my family, and other good people. So, the supply of value should be finished.”
With inputs from agencies