NEW DELHI: Today(17th Jan): The Supreme Court emphasized that Section 306 of the Indian Penal Code (IPC), which pertains to abetment of suicide, must not be used indiscriminately to harass accused individuals or merely to pacify grieving families.
Today, On 4th December, Atul Subhash, a Bengaluru techie, tragically died by suicide, leading to an abetment case against his wife, Nikita Singhania, her mother, Nisha Singhania, and brother, Anurag Singhania. The trio approached a sessions court in Bengaluru and were granted bail. The case involves allegations linked to Subhash’s death. Further investigation and legal proceedings are underway.
The Andhra Pradesh High Court upheld the right of a lesbian couple to live together, addressing a habeas corpus petition concerning one partner’s detainment by her father. The court emphasized that adults can make personal choices regarding relationships and ordered the parents not to interfere, affirming the couple’s right to their relationship.
The Supreme Court ruled that a woman involved in an extra-marital affair cannot be charged under Section 498A IPC for cruelty, as she does not qualify as a “relative.” The bench, led by Justices Gavai and Viswanathan, quashed a criminal case against a woman based on allegations from the complainant-wife.
Atul Subhash, a 34-year-old techie, died by suicide in his Bengaluru apartment, leaving a 24-page note accusing his wife and her family of harassment and alleging judicial corruption. His family revealed ongoing emotional distress from multiple legal cases filed against him. Bengaluru Police are investigating, summons issued for questioning.
Mere harassment is not sufficient to hold someone guilty of the offence of abetting suicide, and there must be clear evidence of direct or indirect incitement, the Supreme Court has said. The observations came from a bench of justices Vikram Nath and P B Varale which delivered its verdict on an appeal challenging a Gujarat High Court order which refused to discharge a woman’s husband and her two in-laws for allegedly harassing her and driving her to suicide. The case, registered in 2021, involved accusations under sections 498A (cruelty to a married woman) and 306 (abetment of suicide) of the Indian Penal Code (IPC). Section 306 carries a penalty of up to ten years of imprisonment and a fine.
The Supreme Court addressed gender discrimination faced by elected women representatives, particularly regarding the arbitrary removal of a female Sarpanch in rural areas. Justices Surya Kant and Ujjal Bhuyan highlighted entrenched biases and systemic prejudice against women, calling for urgent reform and emphasizing the need for empowering female leadership in governance.
The Madhya Pradesh High Court emphasized that well-educated women should not solely rely on their husband’s maintenance, and marriage should not hinder a woman from seeking employment. The court reduced a maintenance payment from a husband to his wife, stating that she had the capacity to support herself through her education and skills.
The Kerala High Court criticized the government’s inaction regarding the Justice Hema Committee report exposing exploitation in the Malayalam film industry. The court instructed the SIT to report on its actions, emphasizing the state’s failure to address women’s issues. The report led to investigations and resignations, highlighting the industry’s power dynamics and gender disparities.