Supreme Court flags misuse of cruelty laws amid Bengaluru techie's death by suicide [11.12.2024]

The Supreme Court has expressed concern over the misuse of cruelty laws by married women, stating that such legal provisions are increasingly being exploited to harass husbands and in-laws for personal gain. This comes after the suicide of 34-year-old Bengaluru techie, Atul Subhash, who accused his estranged wife and her family of filing false cases to extort money.

Court highlights misuse of Section 498A

In a ruling on Tuesday during the hearing of Dara Lakshmi Narayana and Others vs State of Telangana and Another, a bench comprising Justices BV Nagarathna and N Kotiswar Singh noted the misuse of Section 498A of the Indian Penal Code (IPC). Originally introduced to protect women from domestic violence, the provision has reportedly been weaponised in certain cases to coerce husbands and their families.

The bench observed that while the law aims to shield women from cruelty within marriage, it is increasingly being used as a tool to settle personal scores.

 “In recent years, there has been a notable rise in matrimonial disputes across the country. This has been accompanied by growing discord and a tendency to misuse provisions like Section 498A of the IPC as a tool for personal vendetta,” the judgment stated.

The court emphasised that such misuse not only leads to false allegations but also promotes “arm-twisting tactics” by wives and their families.

Case dismissal underscores growing concerns

The Supreme Court’s intervention came as it dismissed a case of cruelty and dowry harassment filed by a wife against her husband and in-laws. The husband and his family had appealed a Telangana High Court decision refusing to quash the case. The court found that the accusations were part of a broader pattern of misusing legal provisions to settle personal grievances.

Atul Subhash’s suicide: A chilling reminder

 

The tragic suicide of Bengaluru techie Atul Subhash has further highlighted the potential dangers of misusing such laws. Subhash, originally from Uttar Pradesh, died by suicide in his Bengaluru apartment on Monday. He left behind a 24-page suicide note and a 90-minute video accusing his wife and her family of severe harassment.

In his video, Subhash detailed a series of false cases filed against him, including allegations of dowry demands and cruelty. He claimed his wife’s family demanded Rs 3 crore to drop the charges. Subhash shared his note in a WhatsApp group affiliated with an NGO and emailed it to several recipients, hoping his story would spark change.

Police investigation launched

Bengaluru police have initiated an investigation based on Subhash’s suicide note. His family has filed an FIR at the Marathahalli police station under Sections 108 (abetment of suicide) and 3(5) (when a criminal act is carried out by multiple persons in furtherance of a common intention) of the Bharatiya Nyaya Sanhita (BNS).

Subhash’s case has sparked widespread outrage, reigniting discussions about the misuse of legal provisions and the need for balanced protections in matrimonial disputes.


12 Dec 2024