Bengaluru Techie’s Suicide Rekindles Debate On Misuse of Section 498A, Why BNS Law Needs A Relook
Atul Subhash’s suicide in Bengaluru has sparked outrage on social media, where netizens are demanding justice for the techie. The Supreme Court has also reiterated its stance that Section 498A, which replaces Section 85 of BNS, is the most abused provision in India
The suicide of a 34-year-old man in Bengaluru due to alleged harassment by his estranged wife and her family has led to an outrage on social media over the misuse of anti-dowry laws and domestic violence law under Section 85 of the Bharatiya Nyaya Sanhita (BNS), previously Section 498A of the Indian Penal Code.
According to lawyers, experts and many working professionals, the incident is an example of how a law can be misused leading to the victim’s death. They stressed that the misuse of law can deny justice to women genuinely in need of protection.
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Men’s rights activists have also raised their grievances over the systemic failure that led to Atul’s death. They have highlighted the biasedness in the system towards women, and how men are tortured and threatened in a marriage. They added that cases under Section 498A are often misused and the laws made for women’s safety are being used as weapons against men.
What Has The Supreme Court Said About Misuse Of Section 498A?
The Supreme Court on December 10 criticised the growing tendency to misuse provisions like Section 498A against the husband and his family. A bench of Justices BV Nagarathna and N Kotiswar Singh said making generalised allegations during matrimonial conflicts, if not scrutinised, will lead to the misuse of legal processes.
“The inclusion of Section 498A of the IPC by way of an amendment was intended to curb cruelty inflicted on a woman by her husband and his family, ensuring swift intervention by the State. However, in recent years, as there have 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… Consequently, this Court has, time and again, cautioned against prosecuting the husband and his family in the absence of a clear prima facie case against them", the judgment authored by Justice Nagarathna read.
A Supreme Court bench comprising Justice JB Pardiwala and Justice Manoj Mishra had earlier noted that Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023, which came into effect from July 1, 2024 were nothing but “verbatim reproduction of Section 498A of the IPC. The only difference is that the explanation to Section 498A is now by way of a separate provision, that is, Section 86 of BNS".
The Bench had asked the legislature to look into the issue of the pragmatic realities and consider making necessary changes in Sections 85 and 86 respectively of the BNS.
Last month too, the SC had raised caution against the law, highlighting that it has become a weapon for the wives and her relatives to settle scores with the husband and his family.
In September, Justice BR Gavai had also made a similar observation that Section 498A is among the most abused laws in the country. He had mentioned a case in Nagpur “where a boy went to the US, and for an unconsummated marriage, he had to pay Rs 50 lakh." “Not even a single day of living together, and that’s the arrangement. I have openly said Domestic Violence, 498A is among the most abused provisions. My brothers may agree," Justice Gavai had stated.
When Courts Had Raised Alarms
The Bombay High Court also highlighted the misuse of Section 498A, noting instances where elderly and ailing individuals were dragged into legal disputes. The court sympathised with genuine victims but suggested that many cases could be settled outside amicably if the offence under Section 498A were made compoundable.
The Kerala High Court had in May 2023 expressed concerns over Section 498A being used in matrimonial disputes not for justice, but for vengeance against husbands and their families.
In July 2023, the Jharkhand High Court acknowledged that while Section 498A was introduced to protect women from cruelty, it is now often used for vindictive purposes.
Are There Any Legal Protection For Men In India?
Recently, the Delhi High Court had granted divorce to celebrity chef Kunal Kapur on the grounds of “cruelty" by his wife. Chef Kapur had taken a restraining order against his wife as she entered the ‘Masterchef India’ sets and created a ruckus with his son in 2016.
The Delhi HC had said, “It is relevant to mention here that within two years of marriage, the appellant has established himself as a Celebrity Chef, which is a reflection of his hard work and determination which would not have been possible had he been one who was dependent on his spouse or in-laws for his necessities."
“Considering the aforesaid facts, it is only prudent to observe that these are mere allegations made by the respondent to disrepute the appellant in the eyes of the Court and such unsubstantiated claims affect one’s reputation and therefore, amount to cruelty."
As per the Hindu Marriage Act,1995 section 13i(a) petition presented by either husband or wife, be dissolved by a decree of divorce on the ground that after solemnisation of the marriage other party has treated the petitioner with cruelty.
What Happened With Atul Subhas?
Bengaluru techie Atul Subhash, hailing from Uttar Pradesh, left a 24-page suicide note in which he accused his wife, her family and even a judge of alleged abetment to suicide, extortion and corruption.
His brother, Vikas Kumar, has lodged an FIR against Nikita Singhania (Atul’s wife), her mother Nisha, her brother Anurag and her uncle Sushil at Marathahalli police station in Bengaluru. The charges are filed under Section 108 (abetment to suicide) and Section 3(5) (joint criminal liability when two or more people act with a common intention) of the BNS.
According to the complaint, Atul married Nikita in 2019, and the couple had a child together. The FIR said after their divorce, Nikita, her mother, her brother and uncle had filed a false case against Atul, demanding Rs 3 crore as part of settlement. It further alleged that Nikita had demanded Rs 30 lakh to allow Atul to meet his four-year-old son.
A police statement also revealed that Atul used to live in Manjunatha Layout at Delfinium Residency in Bengaluru. The Hoysala Police Control Room received a call at 6 am reporting a suspected suicide. After reaching the location, the police found Atul hanging from a ceiling fan with a nylon rope.
The suicide note repeatedly mentioned “justice is due" on every page. It detailed incidents that pushed Atul to end his life. He also recorded a video explaining his harassment and not to immerse his ashes until justice was served, according to a report by The Times of India.
The incident was first brought to light when Atul sent an email late Sunday night to an NGO, advocating for men suffering from domestic violence. The email revealed Atul’s intention to end his life, prompting the NGO staff to alert the police. With the information provided by the NGO, police arrived at his apartment, broke down the door, and discovered his body, The Economic Times report said.
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