A Life Shattered: The Tragic Consequences of Misused Dowry and Cruelty Law.
Introduction:
Behind the countenance of justice, there lies the darkest web of a legal system that has never been seen or heard. There lies the life and soul of those who, in the hope of bringing in justice, have sacrificed themselves. And even then they are not served justice, it is only delayed. "As the proponents wisely put it, 'justice delayed is justice denied,' for in the waiting, the soul of justice withers away." That is what happened with Atul Subhash.
Atul Subhash, 34 Year-old software engineer from Bengaluru, married Nikita in 2019, but his marriage snappily turned into a nightmare of physical, emotional, and psychological abuse. Accused of dowry harassment, Atul faced a relentless legal battle, leading to mental and emotional distress. Unable to bear the injustice, he took his life, leaving behind a Page suicide note and a video revealing his suffering and the flaws in the legal system. His story highlights the devastating impact of the misuse of protective laws.
Are dowry and cruelty laws a shield or a sword of injustice?
For centuries, countless women in India have suffered in silence under the crushing burden of domestic cruelty and dowry harassment, trapped by deeply entrenched patriarchal traditions. Marriage is seen as sacrosanct, but its essence is reduced to a transactional exchange, where women are treated as mere conduits for fulfilling insatiable dowry demands. These oppressive practices not only tarnish the sanctity of marriage but also expose women to relentless abuse—emotional, physical, and, in the most harrowing cases, fatal. The alarming rise of dowry deaths and bride burnings in the late 20th century jolted the nation’s collective conscience, sparking an urgent call for action.
To address these injustices etched deeply into the fabric of society, transformative legal measures were introduced. The Dowry Prohibition Act of 1961 was a groundbreaking reform that criminalised the giving and receiving of dowry, striking at the heart of an age-old and oppressive tradition. This was further bolstered by Section 498A of the Indian Penal Code in 1983, now Section 85 of BNS, which specifically addresses cruelty and harassment linked to dowry, empowering women with a robust legal avenue against their abusers. These laws were designed not just to protect women but to dismantle the entrenched cycle of financial exploitation and violence that had plagued generations. By criminalising these practices, the laws provided women a platform to seek justice and the courage to stand up against subjugation. They became a spark of hope in a society shrouded in darkness, where silence had long been accepted as the norm.
Every hour, a woman in India falls victim to the dark legacy of dowry-related violence, her life extinguished by a practice cloaked in tradition yet steeped in greed and cruelty. The 2021 report by the National Crime Records Bureau (NCRB) reveals this chilling truth, exposing a reality where demands for wealth often spiral into relentless harassment, unbearable abuse, and tragic loss. Despite the Dowry Prohibition Act of 1961, this corrosive custom persists, deeply rooted in societal norms and expectations. In 2023, the NCW matriculated 28,811 indictments related to crimes against women. Of these, 6,304 were specifically concerning domestic violence. This marks a decline from the previous two years, during which the number of complaints exceeded 30,000 annually.
Though these laws continue to save lives and empower women, their misuse highlights the need for balanced reforms that ensure justice for all without compromising their original intent to protect and empower women. Critics contend that these laws have, in some instances, been weaponised, leading to unfair outcomes for men and their families. The SC of India has expressed concerns about the escalating misuse of Section 498A, now Section 85 of BNS, emphasising that it is increasingly being manipulated to settle personal animosities or exert unfair coercion on husbands and their families, thereby subverting the law's original intent. A study published in the International Journal of Law Management highlighted that Section 498A IPC, now sec-85 BNS, is sometimes wielded as a tool by women to intimidate and oppress men for personal gain and advantage, rather than fulfilling its original purpose of safeguarding victims.
The lamentable case of Atul Subhash is a poignant illustration of how the abuse of legal provisions can lead to runni ous consequences. His story underscores the darker side of these legal frameworks when they are weapons for personal vendettas. Over the years, Atul was subjected to nine criminal cases filed against him, including serious charges such as cruelty (Section 498A, now Section 85 of BNS), unnatural sex (Section 377 IPC), and dowry harassment (Sections 3 and 4 of the Dowry Prohibition Act), among others. The accusations against him also extended to physical violence (Section 323 IPC, now Section 115 BNS), criminal breach of trust (Section 406 IPC, now Section 316 BNS), criminal intimidation (Section 506 IPC, now Section 351 BNS), and maintenance (Section 125 CrPC). The weight of these charges, many of which were baseless, drained Atul emotionally and financially.
Despite enduring a relentless legal battle and holding on to the hope of justice, Atul Subhash found no solace or support from the system. Driven to despair by the failure of the law to protect him, he made the heartbreaking decision to end his life. Before his tragic death, Atul recorded a video accusing the Singhania family of extortion. He claimed they demanded 3 crore rupees to drop legal cases and visitation rights to their son while also insisting on increasing his monthly maintenance from 40,000 to 200,000 rupees.
Perverted justice: The erosion of rights:
In a society built on the fundamental principles of fairness and equality, the perversion of justice represents a severe threat to individual rights. The case of Atul Subhash is a poignant illustration of how corruption and bias within the judicial system can undermine these rights. Atul’s quest for justice was marred not only by personal and legal challenges but also by the actions of Judge Reeta Kaushik, who presided over multiple hearings in his case. According to reports from Atul’s family and legal team, Judge Kaushik’s conduct raised serious concerns about impartiality and integrity. Allegedly, she demanded a bribe of 5 lakh rupees in exchange for a favourable outcome, and when Atul refused, the judge is said to have used her position to further complicate the process. She deliberately delayed proceedings, issuing numerous court dates despite knowing the significant personal and financial strain this placed on Atul, who had to travel long distances for each hearing. This abuse of power not only intensified Atul’s emotional and mental distress but also highlighted how perverted justice can strip individuals of their fundamental rights, leaving them vulnerable and without recourse. The case serves as a tragic reminder of how the failure of the justice system to protect the rights of its citizens can lead to irreversible consequences.
Laws like Sections 498A IPC (now Sec 84 BNS, cruelty) and 304B IPC (now Sec 80 BNS, dowry death) of the IPC and the Dowry Prohibition Act, 1961, intended to protect women, have increasingly been misused. NCRB data reveals that up to 12% of 498A cases are false. A 2014 report found 31,291 cases under 498A to be false, with 10,192 in 2011 and 10,863 in 2013. In 2020, out of 56,731 cases under the Dowry Prohibition Act, only 22 were confirmed false. Similarly, the Domestic Violence Act of 2005 saw 2,330 cases filed in 2020, with only 3 reported as false. These statistics highlight the growing misuse of these laws, often used for personal vendettas or extortion, emphasising the need for balanced reforms to ensure justice for genuine victims.
Time for Comprehensive Reform: Ending the Misuse of Dowry and Cruelty Laws:-
True justice lies in a legal system that protects the vulnerable, not one that is exploited for personal gain. Reforming dowry and cruelty laws is essential to prevent misuse, restore fairness, and ensure that the law serves its true purpose-protecting those in need, without prejudice or exploitation. To prevent its misuse, the government can consider implementing the following reforms:
1. Pre-Arrest Bail Provisions: The introduction of pre-arrest bail is one of the major concerns regarding the arrest of accused individuals before an investigation takes place. To prevent wrongful arrests, the government can mandate pre-arrest bail or anticipatory bail provisions, especially for cases related to dowry harassment (Section 498A). This would ensure that individuals are not arrested without proper investigation or evidence, reducing the likelihood of misuse for extortion or vengeance.
2. Detailed and Rigorous Investigation: Police must conduct comprehensive investigations before filing charges or making arrests. A clear distinction should be made between genuine cases and false accusations. Mandating preliminary enquiries should be done in certain cases by an independent body before filing a complaint under Section 498A, ensuring that only valid cases are pursued.
3. Gender-Neutral Laws: Current laws, particularly those under Section 498A and the Domestic Violence Act, are often perceived as biased. To ensure fairness, the government can make the laws gender-neutral, preventing misuse by either gender. This can involve looking at domestic violence and cruelty in a more balanced manner, accounting for both men and women as potential victims.
4. False Complaint Penalties: A stricter legal framework that penalises those who knowingly file false or malicious complaints could deter misuse. The introduction of consequences for individuals found guilty of making false accusations would discourage the wrongful use of these laws for personal or financial gain.
Writer
Aman
Convenor ,Yuva Adhivakta Shakti,
Vaishali Bihar