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Adv Kanishk Garg
Adv Kanishk Garg. | 2 months ago | 495 Views

Suicide Controversy Over Dowry Harassment: PIL In Supreme Court 91-8877001993

The drastic situations and fate of married men in India after adverse implications in false dowry and domestic violence cases have compelled a public interest litigation being filed before the Supreme Court of India. 

About the Atul Subhash Suicide Case

  • The 34-year-old engineer, who worked as an artificial intelligence specialist, killed himself in Bengaluru on December 9. A 90-minute video, a 24-page suicide note, and a list of the alleged harassment he endured from his divorced wife and her relatives were all left behind. 
  • Subhash's suicide letter elaborated the wars his wife had fought against him, accentuated by allegations of murder, matrimonial disputes like dowry harassment, and unnatural sex.
  • He was also alleged with a murder charge in connection with the death of the father-in-law in 2019. The allegation made by Subhash's wife, Nikita, is this "His father died of shock because of not giving dowry of Rs 10 lakh." But, during cross-examination, Nikita has acknowledged that his father passed away from heart-related causes and that these accusations were untrue.  
  • The note has also described how Nikita demanded Rs 2 lakh from her husband for their minor son in monthly maintenance. He alleged that his wife initially demanded from him Rs 1 crore in divorce maintenance but thereafter raised the demand to Rs 3 crore.
  • Since the case created a public outrage, a case against Nikita Singhania, her mother, brother, and uncle has been lodged under provisions of abetment of suicide. An official complaint has been filed under Section 108 and Section 3(5) of the Bharatiya Nyaya Sanhita (BNS) Act in response to a complaint made by Subhash's brother, Bikas Kumar.

Police Action in Atul Subhash Suicide Case

  • The police force has taken a significant step towards tracking down Nikita Singhania along with her family concerning the alleged charges of harassment since the tragic demise of Atul Subhash. 
  • The police sent a four-member team that is set to visit Uttar Pradesh questioning them after an FIR has been lodged by Subhash's brother, where they are accused of abetting the suicide of Atul through harassment and extortion.
  • According to the FIR's details, ₹30 lakh is sought for their son's visitation rights, and ₹3 crore is sought to drop legal proceedings against Subhash. 
  • As per some videos circulating on social media, Nikita and his brother are reportedly seen leaving their house late at night on a motorcycle, which raises several questions regarding their whereabouts as police tried hard to bring them for questioning.

PIL in Atul Subhash Death Case

  • Following the Atul Subhash Suicide in Bengaluru, a new Public Interest Litigation (PIL) has been filed, highlighting the abuse of dowry and domestic violence laws. 
  • The defence against the attack is that the dowry and domestic violence laws were made to protect women, but are now being misused for harassment of husbands and in-laws.
  • It has asked for an expert committee to be formed under a retired SC judge, with retired judges, advocates and eminent jurists.
  • It wants the expert committee to "review and reform the existing dowry and domestic violence laws and give suggestions towards prevention of their misuse".
  • It also says that taking into account that each marriage will be registered, there should be maintained and submitted in a formal affidavit the detailed account of gifts or money exchanged between both the parties. Formal records be maintained for gifts and money exchanged during marriage.

Every single person has the right to justice without going through additional hardship or facing groundless accusations. The soul churning episode of Atul Subhash brings out the need for balanced laws regarding domestic violence. Such laws keeping victims in mind need to have provisions that can prevent abuse. This opens a window for reflection on tragedy. 

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