New Delhi: A Public Interest Litigation (PIL) has been filed in the Supreme Court seeking direction to constitute an expert committee of retired judges, lawyers and eminent legal jurists headed by former apex court judge to review and reform the existing dowry and domestic violence laws and curb its misuse.
The PIL has been filed in the wake of 34-year-old techie Atul Subhash committing suicide on December 9 at his Bengaluru home allegedly due to mental harassment arising out of multiple cases related to matrimonial dispute lodged against him by his wife.
Deceased techie left behind a 24-page death note and video message
The deceased techie left behind a 24-page purported death note as well as video message in which he shared in detail the emotional distress he allegedly faced arising out of marital issues, multiple cases getting filed against him and harassment by his wife and relatives and an Uttar Pradesh-based judge hearing cases related to his matrimonial disputes.
What has the PIL sought?
The PIL has also sought a direction to the respondents to consider and implement the observations given by the Supreme Court in the case of Preeti Gupta versus State of Jharkhand and Achin Gupta versus State of Haryana to stop harassment of husband and his family members.
The PIL, filed by advocate Vishal Tiwari, has also sought a direction that along with every marriage registration application, the list of articles/gifts/money given during the marriage shall also be furnished with affidavit and the record of those shall be kept and enclosed with the marriage registration certificate.
This court has come across a large number of complaints which are not even bona fide: SC in 2010 verdict
The Supreme Court court in its verdict in the case of Preeti Gupta versus State of Jharkhand in 2010 had observed that it is a matter of common experience that most of the complaints filed under section 498A (husband or relative of husband of a woman subjecting her to cruelty) of Indian Penal Code (IPC) are filed in the heat of the moment over trivial issues without proper deliberations and it has come across a large number of such complaints which are not even bona fide and are filed with oblique motive.
A serious relook of the entire provision is warranted by legislation, Apex Court said in 2010 verdict
“Unfortunately, at the time of filing of the complaint the implications and consequences are not properly visualized by the complainant that such complaint can lead to insurmountable harassment, agony and pain to the complainant, accused and his close relations,” the apex court had observed in the verdict and added, “A serious relook of the entire provision is warranted by the legislation. It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases.”
