Legal experts express concerns over the misuse of domestic violence and dowry harassment laws, urging gender-neutral legislation and better training for law enforcement. The alarm was raised after the suicide of a techie linked to false accusations. Advocates emphasize the importance of reform to protect the innocent and ensure the intended protection of women is upheld.
Legal experts raised alarm over the “gross misuse” of laws related to domestic violence and dowry harassment, emphasizing the need for a “correct filtration mechanism,” gender-neutral legislations, and sensitizing law enforcement to address the growing issue of false cases.
The discussion gained momentum following the tragic alleged suicide of 34-year-old techie Atul Subhash, who left behind a 24-page death note detailing years of emotional distress stemming from marital discord, false cases filed against him, and alleged harassment by his wife, her relatives, and a judge.
Senior advocate Vikas Pahwa described the situation as “very serious,” calling for a comprehensive solution.
“For many years I have seen how the provision has been grossly misused by many people. It’s a very serious matter, and we have to find a solution. My own personal view is that make this section bailable. Also, if there is a false complaint filed, action should be taken against the erring complainant. False cases of outraging modesty are being filed against in-laws. We see it every day. Courts should start taking these issues very seriously. Police should be sensitized. They should not facilitate filing such false cases,”
Pahwa asserted.
Supreme Court advocate Ashwani Dubey underscored the necessity of gender-neutral laws, pointing out the potential misuse of provisions like Section 498A of the Indian Penal Code, designed to protect women.
“The whole premise of Section 498A is to protect women from being exploited, harassed, or abused physically or mentally. However, there are several instances where this regulation has become a scourge for men in society. The time has come for gender-neutral laws. Also, courts must exercise caution in dowry harassment cases to prevent misuse of the law and avoid unnecessary trouble to innocent family members,”
Dubey said.
Advocate Samvedna Verma, with extensive experience in domestic violence cases, highlighted the legislative intent behind women-friendly laws, while also acknowledging their misuse.
“The purpose of these laws is to protect women from atrocities caused by family discord, domestic violence, and financial hardships. However, it cannot be refuted that some women are misusing these laws to harass men and their family members to gain leverage in divorce proceedings, extort money, and settle scores with them,”
Verma noted.
She emphasized that the issue lies not with the laws themselves but with their misuse, which could be mitigated by implementing a “correct filtration mechanism.”
“Before beginning a trial or investigation, the veracity of the allegations must be verified,” Verma recommended.
Experts unanimously agree that reforms are crucial to ensure these laws fulfill their intended purpose of safeguarding women while preventing innocent individuals from becoming victims of false accusations. Enhanced sensitivity training for law enforcement, stricter penalties for false claims, and a balanced legal framework are seen as critical steps forward.
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