Judiciary, legislature should curb misuse of matrimonial laws
When Bengaluru techie Atul Subhash died by suicide with a placard on his t-shirt proclaiming ‘Justice is due’, it was his desperate plea for a systemic change in the country’s laws and judicial processes. The 34-year-old, who ended his life over harassment by his wife and her family, detailed his trauma in a 24-page suicide note and a 90-minute video. These he sent to the president and court authorities, and posted them on X. This has led to a furore on social media, with demands for justice and a relook at laws governing family relations.
Atul, who was going through a messy divorce and a Rs 3-crore maintenance suit, claimed he was trapped in at least eight false cases and accused a family court judge in Jaunpur, Uttar Pradesh, of helping his wife in extortion. Atul completed his financial and professional duties and built a case against his wife before taking the final step.
His claim that the legal system is loaded against men has been echoed by others facing harassment in the form of false cases. It is often true that dowry and rape laws, wife and child maintenance, and domestic abuse laws are weaponised against men, and children are used to harass estranged husbands. In Atul’s case, the demand was for Rs 2 lakh a month for child support and Rs 30 lakh for visitation rights.
To curb the misuse of matrimonial laws, the Union home ministry has advised states to apply the dowry law cautiously so that the innocent are not victimised. Recently, Karnataka High Court’s Justice M Nagaprasanna deplored the abuse of Dowry Prohibition Act 1961, saying the rights of both men and women should be protected.
There are similar legal observances that justice for one gender should not result in injustice to another, and that laws should not be misused for personal vendetta or financial gain. The Supreme Court has cautioned for a balance between protection of women from exploitation and misuse of rape laws. It is now up to the legislature to update such laws. In these changing times, when women are educated, employable and aware of their rights, our jurors should also be more gender-sensitive. For Atul, death came as a release from unending legal wrangles. Our judicial system should ensure there are no more despairing Atuls.