GUWAHATI: A Public Interest Litigation (PIL) has been filed in the Supreme Court following the suicide of Atul Subhash, allegedly due to harassment by his wife through matrimonial cases. The petition, led by Advocate Vishal Tiwari, calls for measures to prevent harassment of husbands and their families under domestic violence and dowry laws.
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The petition seeks directions to the Union Government to implement recommendations made by the Supreme Court in Preeti Gupta v. State of Jharkhand (2010) and Achin Gupta v. State of Haryana (2024). In Preeti Gupta, the Court highlighted the misuse of Section 498A of the Indian Penal Code, which allows unnecessary criminal cases to be filed against husbands and their relatives over allegations of domestic cruelty. The court had urged legislative changes to address these issues. In Achin Gupta, the Supreme Court suggested amendments to the new criminal code (Sections 85 and 86 of the Bharatiya Nyaya Sanhita), citing concerns about the misuse of these provisions. Despite these recommendations, the BNS, effective from July 1, has retained the provision in question.
"The Court noted that a serious re-examination of Section 498A IPC is needed, recognising the prevalence of exaggerated complaints and the tendency to over implicate individuals in cases," the petition highlighted. To address these concerns, the petitioner has also called for the establishment of an expert committee comprising retired judges, eminent lawyers, and legal experts to review and reform the current dowry and domestic violence laws.
Additionally, the petition seeks to make it mandatory for marriage registrations to include details of the gifts and articles exchanged during the ceremony, as a measure to curb misuse.
The petitioner argued citing the recent suicide of Atul Subhash, "The time has come for comprehensive review and reforms of the existing Dowry laws and Domestic Violence Act to prevent their misuse and protect innocent men from unnecessary harassment, ensuring that the true purpose of these laws is upheld."