NEW DELHI: Legal experts on Wednesday flagged the "gross misuse" of laws related to domestic violence and dowry harassment, while calling for a "correct filtration mechanism", new gender-neutral legislations and sensitising the police to curb filing of false cases.
The experts were speaking in the aftermath of the alleged death by suicide of 34-year-old techie, Atul Subhash, who left behind a 24-page purported death note, giving extensive details of what he alleged was years-long emotional distress of marital issues; multiple cases filed against him and harassment by his wife, her relatives, and a judge based in Uttar Pradesh.
Senior advocate Vikas Pahwa termed the issue as "very serious", requiring a fitting solution. "For many years I have seen how the provision has been grossly being misused by many people. It's a very serious matter and we have to find a solution. My own personal view is that make this section bailable. Also, if there is false complaint is filed, action should be taken against the erring complainant," he said.
"Also false cases of outraging the modesty being filed against in-laws. We see it every day. Courts should start taking these issues very seriously. Police should be sensitised. They should not facilitate filing such false cases," Pawha added.
Supreme Court advocate Ashwani Dubey said there was a need for gender-neutral laws. "The whole premise of Section 498A is to protect women from being exploited, harassed, or abused physically or mentally. However, there are several instances where this regulation has become a scourge for men in society. The time has come for gender neutral laws," he said.
"Also, courts must exercise caution in dowry harassment cases to prevent misuse of law and avoid unnecessary trouble to innocent family members," Dubey added.
Advocate Samvedna Verma, who has handled several domestic violence and dowry-related cases, said the legislative intent behind women friendly laws was to safeguard the rights and wellbeing of women "who are considered to be the vulnerable section of the society."
"The purpose of these laws is to protect women from the atrocities caused due to family discord, domestic violence and financial hardships. However, it cannot be refuted that some women are misusing these laws to harass men and their family members to gain leverage in divorce proceedings, extort money and settle scores with them," Verma said.
She said the problem was not with the women protection laws, but their misuse, which can be prevented by a correct filtration mechanism in place in our legal and administrative environment.
"Before beginning a trial or investigation the veracity of the allegations must be verified," she said.
If you are having suicidal thoughts, or are worried about a friend or need emotional support, help is available.
Call Sneha Foundation - 04424640050, Tele Manas - 14416 or Call, the Tata Institute of Social Sciences’ helpline - 02225521111