SC Dismisses Petition Against Misuse of Domestic Violence Laws
In recent days, several men across the country have allegedly died by suicide, claiming they were tortured by their wives. Following these incidents, the Supreme Court has refused to hear a public interest litigation (PIL) seeking the formation of an expert committee to prevent the misuse of dowry and domestic violence laws and to amend them.
A bench comprising Justices B.V. Nagaratna and Satish Chandra Sharma stated that the judiciary cannot intervene in this matter, emphasizing that society itself must bring about change. While dismissing the petition, Justice Nagaratna remarked, “Society has to change; we cannot do anything. These are parliamentary laws.”
What Were the Demands in the Petition?
Advocate Vishal Tiwari had filed the PIL in response to the suicide of Bengaluru-based technician Atul Subhash, demanding amendments to the Domestic Violence Act to prevent its misuse. The petition sought:
- Guidelines to prevent the misuse of domestic violence and dowry laws.
- A government mandate to record all gifts, money, and items exchanged during marriage through an affidavit and marriage registration certificate.
Allegations of Misuse
The petition claimed that the Dowry Prohibition Act and Section 498A of the Indian Penal Code (IPC)—both enacted to protect married women from dowry harassment—are being widely misused. It alleged that in many cases, women falsely implicate their husbands and in-laws to harass them over marital disputes.
The petition stated, “These false allegations make real crimes against women appear doubtful, weakening the justice system.”
The Law’s Purpose Has Been Lost
Vishal Tiwari further argued, “This is not just about Atul Subhash. Many men have ended their lives due to false complaints filed by their wives. The very purpose of dowry prohibition laws has been lost because of widespread misuse.”
Raising Questions About Justice
The petitioner emphasized that numerous men have been falsely implicated in dowry cases, leading to their tragic deaths. This, he claimed, has raised serious concerns about the criminal justice and investigation system.
