This judgement came in a fitting timeline of the much spoken about suicide of a Bengaluru techie, Atul Subhash who left behind a 24-page purported death note, giving extensive details of what he alleged was years-long emotional distress of marital issues.
The Supreme Court during a recent judgement pointed out that several women have been found misusing the section 498A of the Indian Penal Code which is meant for penalising the husband and in-laws in cases of harassment and other forms of domestic violence.
The apex court bench remarked that the provision originally used for protection of women is being exploited for wrong reasons. The remarks came amid outrage over suicide of a Bengalore based techie due to alleged harassment by wife and her family. while addressing another case stated, a two-member bench said, "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 scrutinized, will lead to the misuse of legal processes and an encouragement for use of arm twisting tactics by a wife and/or her family."
This judgement came in a fitting timeline of the much spoken about suicide of a Bengaluru techie, Atul Subhash who left behind a 24-page purported death note, giving extensive details of what he alleged was years-long emotional distress of marital issues.
He apparently had multiple cases filed against him and in the video he alleged harassment by his wife, her relatives, and a judge based in Uttar Pradesh.
Several legal experts also shared their views regarding the recent trends of misuse of this provision and expressed grief over the death of the man.
In a case unrelated to the death of the Bengaluru techie, the Supreme Court on Tuesday expressed concern over the rampant misuse of Section 498A of the Indian Penal Code (IPC). This section is meant to penalise cruelty by husbands and their relatives against married women
The apex court bench was hearing Dara Lakshmi Narayana and Others v. State of Telangana and Another when a bench consisting of Justice BV Nagarathna and Justice N Kotiswar Singh pointed out that even though the provision was intended to protect women from domestic violence and harassment but in the recent times it is being noticed that the provision is missed by many.
According to Bar and Bench report, 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."
Speaking of women using the provision for meeting their personal vendetta against her husband and his family, the Court also stated, "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 scrutinized, will lead to the misuse of legal processes and an encouragement for use of arm twisting tactics by a wife and/or her family."
Further, the Court explained the statement in the context of their present case, "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."
Legal experts on Wednesday flagged the "gross misuse" of laws related to domestic violence and dowry harassment while calling for a "correct filtration mechanism", new gender neutral legislations and sensitising the police to curb filing of false cases.
Senior advocate Vikas Pahwa termed the issue as “very serious” requiring a fitting solution.
“For many years I have seen how the provision has been grossly being misused by many people. It's a very serious matter and we have to find a solution. My own personal view is that make this section bailable. Also, if there is false complaint is filed, action should be taken against the erring complainant. Also false cases of outraging the modesty being filed against in-laws. We see it every day. Courts should start taking these issues very seriously. Police should be sensitised. They should not facilitate filing such false cases,” Pahwa told PTI.
Supreme Court advocate Ashwani Dubey said there was a need for gender neutral laws.
“The whole premise of Section 498A is to protect women from being exploited, harassed, or abused physically or mentally. However, there are several instances where this regulation has become a scourge for men in society. The time has come for gender neutral laws. Also, courts must exercise caution in dowry harassment cases to prevent misuse of law and avoid unnecessary trouble to innocent family members,” he said.
Advocate Samvedna Verma, who has handled several domestic violence and dowry-related cases, said the legislative intent behind women friendly laws was to safeguard the rights and wellbeing of women “who are considered to be the vulnerable section of the society”.
“The purpose of these laws is to protect women from the atrocities caused due to family discord, domestic violence and financial hardships. However, it cannot be refuted that some women are misusing these laws to harass men and their family members to gain leverage in divorce proceedings, extort money and settle scores with them,” Verma said.
She said the problem was not with the women protection laws, but their misuse, which can be prevented by a correct filtration mechanism in place in our legal and administrative environment.
“Before beginning a trial or investigation the veracity of the allegations must be verified,” she said.
(With PTI inputs)