Atul Subhash, your death and the tears of your parents will not melt anyone, the law considers only women as victims!

New Delhi: Atul Subhash (40), an AI engineer in Bengaluru, committed suicide by hanging himself around 2.50 am on Monday. his/her body was found hanging from a fan in Bengaluru. Before embracing death, Atul has left a 24-page long suicide note and an 80-minute video, in which he/she has expressed his/her pain about the torture being given by his/her wife and her family. he/she has also made serious allegations against a judge. The father has also made serious allegations regarding his/her death. At the same time, the screams of Atul’s mother Anju are echoing. She says that my son was not going to give up so soon. he/she was broken from within, that’s why he/she left us all. he/she was my support in old age. After Atul’s death, questions have started being raised regarding anti-dowry section 498A of IPC and domestic violence law. Let us understand the whole thing from legal experts.

The Supreme Court had shown this strictness on 498A, but who agreed?

According to Advocate Anil Kumar Singh Srinet in the Supreme Court, in 2022, the Supreme Court had issued some instructions regarding Section 498A of the Indian Penal Code i.e. IPC. Then the Supreme Court had said, if there has been cruelty to a woman, then she will have to tell about the people who committed the cruelty and the reasons for it. The Supreme Court had said that the victim woman will have to clearly explain what kind of cruelty her husband and his/her in-laws have subjected her to at what time and on what day. Merely saying that he/she has been subjected to cruelty does not make out a case under section 498A. However, lower courts often do not pay heed to such instructions.

Demand for formation of National Men’s Commission arises again and again

In July last year, the Supreme Court refused to consider a PIL in the matter related to the suicide of men. The petition sought the formation of a National Men’s Commission to formulate guidelines to deal with incidents of suicide by married men who are victims of domestic violence and to protect their interests.

Married men are three times more likely to commit suicide than women.

The petition, filed by advocate Mahesh Kumar Tiwari, had cited National Crime Records Bureau (NCRB) data on accidental deaths in India in 2021. According to this, 1,64,033 people committed suicide across the country. Of those who died, 81,063 were married men, while 28,680 were married women. That means in 2021, about 33.2 percent men ended their lives due to family problems and 4.8 percent due to marriage-related issues.

These are the reasons behind suicide, understand this

The NCRB report states that most of the suicides are due to family disputes. After this, any serious illness, mental or physical, can lead to suicide. Marital disputes or inability to maintain balance in relationships are also major reasons. After this, some people also commit suicide due to alcohol and drug abuse. After this, debt, poverty and unemployment also become important reasons for suicide.

What is Section 498A, why is it being criticized?

Advocate Anil Kumar Singh Shrinate in the Supreme Court says that according to Section 498A of the Indian Penal Code, if any kind of cruelty is being done to a married woman by her husband or in-laws, then it will be a crime. This cruelty can be both physical and mental. Now this law will be dealt with under Sections 85 and 86 of the new Indian Judicial Code i.e. BNS, which has replaced the IPC from July 1, 2024 this year.

What is physical and mental cruelty?

According to Advocate Anil Kumar Singh, physical cruelty includes things like assault and scuffle with a woman. At the same time, mental cruelty includes things like torturing the wife, taunting her, taunting her, harassing her. If any act is done intentionally which incites the wife to commit suicide, it is also considered cruelty.

Jail up to 3 years and fine possible

According to the law, unlawfully demanding any property from the wife or anyone related to her family is also considered cruelty. Under this section, if found guilty, the punishment can be up to three years in jail. Along with this, fine can also be imposed on the culprits.

Domestic Violence Act, 2005 also does not protect men

Advocate Anil Kumar Singh Srinet says that the domestic violence law was brought in 2005. Men do not get protection from this law also. Under Section 2(A) of this law, only a woman is considered a ‘victim’. This law also considers women as victims. Mother, sister, wife, daughter or widow can come under the scope of this law. Women living in live-in relationships have also been included in this.

What does the domestic violence law say, how much attention is given to men?

According to Anil Kumar Singh, under the Domestic Violence Act, the health, safety, life, body parts or mental state of a woman living in a shared house cannot be harmed. This law covers physical, mental, verbal, emotional, economic and sexual violence. Financial harassment means that if a husband or son forcefully asks for money or anything from his/her wife or mother for expenses, then the woman can file a case under the Domestic Violence Act. Men are not protected even by this law.

Can file case against husband as well as mother-in-law, father-in-law and sister-in-law

Advocate Shivaji Shukla in Saket Court says that if a woman is a victim of domestic violence in her in-laws house, then she can file a complaint against her husband as well as her in-laws, father-in-law and husband’s sister. Under this law, Magistrate Court issues orders. There are many types of orders in this. The magistrate can order to provide shelter, residence and medical facilities to the victimized woman.

Supreme Court has expressed concern over the misuse of 498A

Advocate Shivaji Shukla in Saket Court says that in September this year, the Supreme Court had also expressed concern over the misuse of 498A. In July 2017, the Supreme Court had banned immediate arrest under 498A. At that time the Supreme Court had directed that the police can take arrest action only after investigation. The Supreme Court has described 498A and the Domestic Violence Act as one of the most ‘misused’ laws.

What has the Supreme Court said regarding false cases?

Shivaji Shukla says that recently the Supreme Court has cautioned the courts against prosecuting the husband and his/her relatives in dowry harassment cases. Expressing concern over people being implicated in false cases in domestic disputes, the Supreme Court said that even if they are acquitted in such false cases, the wounds they get can never be healed. A bench of Justices CT Ravikumar and Rajesh Bindal said such allegations are common in matrimonial disputes, which often involve even distant relatives. The Supreme Court suggested that the definition of ‘relative’ in Section 498A of the IPC needs to be made more precise.