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.