By Aqib Ul Ahad Wani
The Bharatiya Nyaya Sanhita (BNS) seeks to modernize and unify various legal frameworks in India. Notably, Sections 85 and 86 of the BNS mirror the provisions of Section 498A of the Indian Penal Code (IPC), which pertains to the issue of cruelty inflicted upon married women by their husbands or relatives. This mirroring serves to maintain continuity and strengthen the legal safeguards for women. The misuse of Section 498A IPC (Now Sections 85 and 86 of the BNS ) is not merely anecdotal; it has been substantiated, as instances have emerged where false allegations have been made under this provision, leading to unjust consequences for husbands. Furthermore, there is a lack of legal recourse for men facing abuse from women, and it has been observed that Section 498A IPC (Now Sections 85 and 86 of the BNS ) is frequently misused in cases across district courts. The cases remain unresolved, and the obligation of husbands to provide maintenance to their wives does not imply that they are solely responsible for all financial obligations and benefits.
In societal contexts, women are often perceived as engaging in deceptive practices more so than men. This legal provision is frequently exploited by wives as a means to extract financial resources from their husbands. It is evident that Section 498A of the Indian Penal Code is misused by women against their husbands and in-laws. While Section 498A was instituted to safeguard women, it has, in many instances, resulted in harassment of husbands and their families by their spouses. The societal implications of this misuse are profoundly detrimental. The Law Commission has acknowledged the concerns surrounding the abuse of this provision in its 243rd report on IPC Section 498A. The commission has proposed that the offence should only be made compoundable with the court’s consent, emphasising the need for safeguards prior to granting such permissions. Nevertheless, the commission has suggested that the offence should not be entirely abolished. The existence of abuse does not negate the importance of laws that serve the broader public interest.
The recent Suicidal Death of Atul Subhash, a 34-year-old deputy general manager based in Bengaluru, has shed light on the pressing issue of domestic violence perpetrated against men in India. In a detailed 24-page suicide note, Subhash implicated his wife, her relatives, and a judicial official in acts of harassment and corruption. He disclosed that his wife had lodged numerous unfounded allegations against him, including accusations of murder, sexual misconduct, and demands for dowry. This unfortunate incident underscores the increasing apprehension that legal measures intended to safeguard women from abuse, such as Section 498A of the Indian Penal Code, may be exploited, resulting in wrongful accusations directed at men.
The case of Shubhash Atul serves as a stark illustration of the potential for legal provisions to be misapplied, leading to catastrophic outcomes. The unfortunate demise of Atul Subhash highlights the harsh realities embedded within our societal framework. This framework frequently appears to favor women, even in instances where men are the ones enduring significant hardship. Cultural norms often compel men to suppress their emotional struggles, promoting an image of stoicism that can mask profound internal suffering. Had a woman experienced the same circumstances as Atul, it is likely that the male counterpart and his family would have faced immediate legal repercussions. However, Atul’s identity as a man resulted in his pleas for assistance being overlooked. He was left to navigate his suffering in isolation, ultimately leading him to a tragic decision. This situation transcends mere injustice; it embodies a profound inhumanity. It compels us to reflect on whether we are fostering a just society or one that penalizes men solely based on their gender. The very laws designed to offer protection are being manipulated in ways that devastate innocent lives. Atul’s narrative reveals a societal indifference to male suffering, even as it drives individuals to the brink of despair. This scenario does not represent justice; rather, it is a manifestation of cruelty masquerading as equity.
This situation is not an isolated occurrence. In recent times, numerous men have experienced similar challenges that could have been prevented through timely intervention and a more balanced legal framework, leading to tragic outcomes such as suicides. Critics argue that laws like Section 498A, originally designed to protect women from abuse, have been misapplied, resulting in unwarranted harassment of innocent individuals. This case necessitates a thorough examination of how such laws are enforced and calls for greater accountability for those who misuse them. The influence of the media in shaping societal views should also be acknowledged.
To tackle these concerns, legal reforms are essential. Imposing strict penalties on those who file false claims could serve as a deterrent. Furthermore, decisions regarding child custody should focus on the child’s best interests, rather than succumbing to gender biases.
The case of Atul Subhash should act as a catalyst for reform, ensuring that true victims receive protection while preventing the exploitation of the law to harm innocent parties. Striking this balance is vital for fostering a just and equitable society. Legal professionals have raised alarms about this misuse, with the Supreme Court characterizing it as “legal terrorism.” As a lawyer, I witness the severe repercussions of such false accusations, which often inflict considerable financial and emotional strain on men and their families. Additionally, the prevailing bias favoring mothers in custody disputes further marginalizes fathers.
Views expressed in the article are the author’s own and do not necessarily represent the editorial stance of Kashmir Observer
- The author is an advocate at Jammu Kashmir and Ladakh High Court
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