Amid Bengaluru techie's suicide, SC laments tendency to 'misuse' dowry laws

Further, the Supreme Court bench advised courts to “exercise caution” while deciding dowry harassment cases to prevent unnecessary harassment of innocent people.

Also read: SC quashes dowry harassment case filed by woman, says she wanted to 'wreak vengeance'

Vague and generalised

The bench of Justice BV Nagarathna and Justice N Kotiswar Singh noted in its order in a Telangana high court dowry-harassment case that people tend to make "sweeping accusations" against family members not supported with concrete evidence and this cannot form the basis for prosecution.

"Courts must exercise caution in such cases to prevent misuse of legal provisions and the legal process and avoid unnecessary harassment of innocent family members,” added the bench.

The order pointed out that "vague and generalised allegations" made 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.

"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 order said.

The SC bench made these observations on the misuse of dowry laws while quashing a Telangana high court order that had refused to strike down a dowry harassment case against a man, his parents and other family members. According to the SC, the FIR showed that the wife's allegations were "vague and omnibus".

Also, some of the accused have no connection to the matter and "have been dragged into the web of crime without any rhyme or reason", said the court.

The court pointed out that merely mentioning names of family members in a criminal case arising out of a matrimonial dispute should be "nipped in the bid". Especially when there is no “specific allegations” indicating their active involvement.

Also read: False allegations of dowry harassment, rape amount to extreme cruelty: HC

'Misuse' of Section 80 and 85 under BNS

"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 order added.

Section 498A of the Indian Penal Code, which punishes cruelty against a woman by her husband or his relatives, was incorporated into a law to ensure that the state can intervene in such cases. Under the new Bharatiya Nyaya Sanhita, Section 80 now deals with dowry death and Section 85 with cruelty against a woman by her husband or his relatives.

In recent years, according to the SC bench, there has 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,” the bench said.

The court clarified that it was not stating that any woman who has suffered cruelty should remain silent.

However, the court said that is not the intention behind their observations but that such cases like the Telangana case, "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".

In fact, the section is meant mainly for the protection of a woman who is subjected to cruelty in the matrimonial home primarily due to an unlawful demand for any property or valuable security in the form of dowry, it said, adding that "however, sometimes it is misused as in the present case."

Also read: Bengaluru techie dies by suicide, leaves 24-page note, blaming wife, her kin

Suicide note

Before he died by suicide, the Bengaluru techie Atul Subhash recorded an 80-minute video in which he accused his estranged wife Nikita Singhania and her family of foisting multiple cases against him and his family to extort money from them.

In his 24-page suicide note, Atul has also blamed a judge for not giving credence to his side of the story.

Atul Subhash in his suicide had pointed out that after his wife Nikita left their Bengaluru home with their son in 2021, a year later, filed a case against him and his family under multiple sections, including murder and unnatural sex, harassment for money, domestic violence, and dowry.

She alleged that he had demanded a dowry of ₹ 10 lakh and for this reason, her father, who was under pressure died of a heart attack.

Calling it a "poor Bollywood plot" Atul said that she had already confessed that her father was suffering from a long-term illness in her cross examination.

Her father had been getting treated from AIIMS for the last 10 years for heart disease, diabetes etc. "Doctors gave him few months and hence we got married quickly," Atul wrote in his suicide note, adding that this case was subsequently withdrawn.

Atul Subhash accused his wife of filing false cases against his elderly parents and brother, accusing them of assaulting her. Expressing his frustration against the “whole legal system” that encourage and help his harassers, Atul said that now with him gone, there won't be any money and there won't be any reason to harass his old parents and his brother.

I may have destroyed my body but it has saved everything I believe in," he signed off in his suicide note.