Atul Subhash Modi, once a revered AI engineer in Bengaluru, tragically ended his life on December 9th. Before his untimely death, he released an 80-minute video and penned a meticulous 24-page suicide note. Within these, he accused his wife Nikita Singhania and her family of fabricating false allegations against him.
Atul named his wife Nikita Singhania, mother-in-law, brother-in-law, and cousin as culprits responsible for his demise. He alleged that Judge Rita Kaushik from the Jaunpur family court demanded a bribe of five lakh rupees for a settlement.
Captured in the video wearing a t-shirt emblazoned with the words 'Justice is Due', Atul described how his in-laws embroiled him in false cases of domestic violence, attempted murder, dowry harassment, and more. He revealed how his wife and her family had constantly coerced him for money.
Atul's recording also questioned the judicial system. He lamented that his hard-earned money empowered his adversaries who sought to ruin him. He expressed frustration that his taxes funded a legal system that antagonized decent people like him and his family. He strongly emphasized the need for the supply of values to cease.
This unfortunate incident prompted Bengaluru Police to register a case under the Indian Penal Code (BNS) sections 108 (incitement to suicide) and 3(5). However, no arrests have been made yet.
As Atul Subhash's story dominated discussions on Tuesday, the Supreme Court once again voiced concerns over the misuse of IPC Section 498A. This section exists to protect married women from cruelty by their husbands and in-laws under the Indian Penal Code sections 85 and 86.
Justice BV Nagarathna and Justice Koteshwar Singh acknowledged that Section 498A had also become a tool for revenge by wives and their families.
Atul Subhash's case is not isolated. Legal remedies meant to protect against domestic violence and cruelty are often weaponized against men. In September, the Supreme Court identified these laws among the most abused, citing examples where men faced severe penalties without due cause.
Justice BR Gavai referenced a case he encountered in Nagpur, where a man was forced to pay fifty lakh rupees for a marriage that never happened. He candidly regarded the misuse of domestic violence and Section 498A as frequent.
Following a similar review in May, the Supreme Court urged revisiting these laws.
Questions continuously surface around Section 498A (BNS sections 85 and 86). It's perceived that such laws are sometimes misused by women to incriminate husbands and in-laws in criminal cases.
Last month, the Supreme Court cautioned courts against undue prosecution in dowry harassment cases, highlighting concerns about wrongful accusations and the deep scars they inflict.
In August, the Bombay High Court expressed apprehension regarding the exploitation of Section 498A, noting that petitioners even target elders on beds. In contrast, in May, the Kerala High Court observed wives often file cases against husbands and their families out of revenge.
The Supreme Court has consistently expressed concerns over the misuse of Section 498A. In July 2017, it imposed constraints on immediate arrests, advising careful inquiry before police take action.
In 2022, further guidelines emphasized providing detailed accounts of cruelty, with clear mentions of times and events when said action occurred.
In July of last year, the Jharkhand High Court highlighted 498A's initial intent to save married women from cruelty but emphasized its current misuse.
Despite its protective aim, laws occasionally become counterproductive. Amid doubts about their integrity, only 18% of cases under these sections end in conviction, according to NCRB data. This means many accusations don't hold or result in settlements.
Source: aajtak
Is Violence Against Husbands Neglected?
In June 2021, the Madras High Court, during a husband-wife legal dispute, noted the unfortunate lack of legislative protection for husbands against spousal violence.
The National Family Health Survey-5 revealed that 10% of women between 18 and 49 had hit their husband, unprovoked by any violence from their spouse.
Notably, 11% of respondents admitted to spousal violence in the past year.
Statistics indicate that aggression towards husbands tends to increase with age. Less than 1% of women aged 18 to 19 reported such behavior, while higher percentages were noted in older age groups.
Interestingly, more rural women (3.7%) admitted to such actions compared to their urban counterparts (3.3%).