Atul Subhash Suicide: PIL Filed In Supreme Court Highlighting Misuse Of Dowry & Domestic Violence Laws; Seeks Reforms

A Public Interest Litigation (PIL) filed under Article 32 of the Constitution of India has raised serious concerns about the alleged misuse of dowry and domestic violence laws, claiming that false cases are leading to the harassment and tragic deaths of married men.

The PIL, filed before the Supreme Court, calls for urgent reforms in laws like the Dowry Prohibition Act and Section 498A of the Indian Penal Code (IPC) to prevent their misuse while preserving their original intent.

"The present Public Interest Litigation filed under Article 32 of the Constitution of India depicts 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 was meant to protect the Married women from the Dowry demands and harassment for that but in our country these laws become weapon 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 implication of married man under these laws the real and true incidents against the women are looked with suspicion. There have been many incidents and cases of false implication of man in dowry cases which has led to very tragic End and also raised question on our justice and criminal investigation system," the PIL reads. 

The Petition filed by Advocate Vishal Tiwari cites the recent suicide of 34-year-old Bengaluru techie Atul Subhash, who left behind an 80-minute video and a 24-page suicide note accusing his estranged wife and her family of filing multiple false cases to extort money. Subhash also alleged judicial corruption, claiming that a judge had demanded a bribe for case settlement. His death has sparked nationwide debates on marital discord, the misuse of protective laws, and men’s mental health.

"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 the money for settlement, which is a very serious issue," the Petition states. 

The Petition asserts that the misuse of dowry laws has led to widespread social unrest, with numerous instances of false allegations resulting in tragic consequences. It highlights that the misuse undermines the credibility of genuine cases and negatively impacts families and children involved.

Citing Apex Court observations, the petition references the landmark 2010 case of Preeti Gupta v. State of Jharkhand in which the apex court acknowledged the growing misuse of dowry laws. The court had emphasized the need for a legislative relook, warning of the tendency for exaggerated allegations and overimplication in matrimonial disputes.

The Petition also references the May 2024 judgment in Achin Gupta v. State of Haryana, where the Supreme Court urged the legislature to reconsider the implementation of new penal provisions under BNS Sections 85 and 86 to address the rising misuse of such laws.

The PIL urges the government to review existing provisions of the Dowry Prohibition Act and Domestic Violence Act to curb their abuse and ensure justice for innocent men while preserving the laws’ original intent to protect women from genuine harassment.

The prayers are as follows:

i. Issue a writ of Mandamus or any other appropriate writs and direct the Respondents to consider and implement the Observations given by the Hon. Supreme Court of India in the case of In the case of Preeti Gupta v. State of Jharkhand Achin Gupta versus State of Haryana criminal Appeal No. 2379/2024, judgement dated 3-5-2024 to Stop harassment of Husband and his family members.

ii. Issue a writ of Mandamus or any other appropriate writs and direct to Constitute an expert Committee Comprising of Retired judges, lawyers and eminent legal jurists headed by Former Supreme court justice to Review and reform the Existing Dowry and Domestic violence laws and give suggestions to prevent their misuse;

iii. Issue a writ of Mandamus or any other appropriate writs and direct that along with Every Marriage Registration Application the list of Articles/Gifts/Money given during the marriage shall also be furnished with Affidavit and the record of same shall be kept and enclosed with the Marriage Registration certificate.

The Supreme Court has yet to decide on the admissibility of the petition. 

Cause Title: Vishal Tiwari v. Union of India & Ors.