Plea in Supreme Court seeking reform in domestic violence laws

New Delhi: A petition has been moved in the Supreme Court seeking reform in domestic violence laws and to prevent their misuse in the wake of the recent tragic incident of Atul Subhash's suicide case.
The petition has been filed by the advocate Vishal Tiwari, who has sought to issue directions to the central government to consider and implement the observations given by the Supreme Court of India in the case of Preeti Gupta vs State of Jharkhand and Achin Gupta versus State of Haryana judgement dated May 3, 2024, to Stop harassment of husband and his family members.
In the case of Preeti Gupta versus the State of Jharkhand, the top court had said that a matter of common knowledge that unfortunately matrimonial litigation is rapidly increasing in our country and observed that a serious relook of the entire provision is warranted by the legislation.
The petitioner also sought to issue direction to constitute an expert Committee Comprising of Retired judges, lawyers and eminent legal jurists headed by a Former Supreme Court justice to Review and reform the Existing Dowry and Domestic violence laws and give suggestions to prevent their misuse.
The petition also sought to issue direction to the government to record a list of articles/gifts/money given during the marriage and to be maintained with Affidavit and the record of same shall be kept and enclosed with the marriage registration certificate.
Advocate Vishal Tiwari said that he has filed a Public Interest Litigation after seeing the drastic condition and fate of married men after implication in false Dowry and Domestic Violence cases.
The Dowry Prohibition Act and Section 498A of IPC were meant to protect married women from Dowry demands and harassment for that but in our country, these laws become weapons to settle unnecessary and illegal demands and to suppress the Husbands family when any other nature of dispute arises between husband and wife. And because of these false implications of married man under these laws the real and true incidents against the women are looked at with suspicion, the petitioner said.
There have been many incidents and cases of false implication of man in dowry cases which has led to a very tragic End and also raised questions on our justice and criminal investigation system, the petitioner said.
"Recently the tragic suicide of Atul Subhash, a 34-year-old techie in Bengaluru, has triggered a nationwide debate on marital discord, the misuse of dowry prohibition laws and also men's mental health. Before he died by suicide, Atul Subhash recorded an 80-minute video in which he accused his estranged wife and her family of slapping multiple cases on him and his family to extort money from them. Atul Subhash also criticised the justice system in his 24-page suicide note. The Suicide Note has also made allegations upon the judge of being demanding money for settlement which is a very serious issue," the petition read.
He further added that this is not only about one Atul Subhash but there have been lacs of men who have committed suicide because of multiple cases showered upon them by the wives.
The gross misuse of the dowry laws has defeated the purpose of these laws for which they were enacted, he said.
"That these cases not only impact the lives and careers of husbands and wives but also have a very deep impact in negative form upon their children. It affects their mental health behaviour which could result in the ruin of their proper growth," he said.
"That on various occasions the Supreme Court of India has issued a note of caution against such false Dowry cases and has asked the Government and legislature to look upon the issue but the government had not done anything effective to deal with the issue of false Dowry cases," the petition said.
"That similar view was also taken recently on 3-5-2024 by the Supreme Court of India in the case of Achin Gupta versus State of Haryana Criminal Appeal No. 2379/2024, judgement dated 3-5-2024 Observed and asked the legislature/Government to reconsider the New BNS section 85 and 86 before its implementation," the petition said.
He stressed that the time has come to make review and reform in existing Dowry laws and the Domestic Violence Act so that its misuse and abuse could be stopped and innocent men can be saved and the real purpose of the dowry laws may not be defeated.