498-A Misused for Extortion,’ Says Lawyer as Bengaluru Techie Atul Subhash’s Suicide Sparks Regret and Debate

‘498-A Has Become a Tool for Extorting Money’: Top Lawyer Reacts to Bengaluru Techie Suicide

The tragic suicide of Bengaluru techie Atul Subhash has highlighted the alleged misuse of Section 498-A IPC. Facing harassment and extortion by his wife’s family, Atul left a detailed note blaming them. Legal experts call for reforms, citing growing misuse of the law to settle personal scores.

Who Was Atul Subhash?

On December 9, 34-year-old Bengaluru software engineer Atul Subhash tragically passed away, leaving behind a 24-page suicide note and a 90-minute film. Atul described in his notes how his estranged wife, Nikita Singhania, and her family allegedly harassed him.The techie had nine legal cases filed against him by his wife, which reportedly pushed him into severe distress.

What Led to His Suicide?

According to Atul’s brother, Bikas Kumar, the disputes began shortly after Atul’s marriage. Nikita and her family allegedly harassed Atul mentally and physically, demanding Rs. 3 crore to settle ongoing legal cases. Atul’s note revealed the immense pressure he faced as he struggled to cope with the accusations and demands. The Bengaluru police registered an FIR against Nikita, her mother Nisha, her brother Anurag, and her uncle Sushil under sections 108 and 3(5) of the BNS.

The Family’s Response

Bikas Kumar expressed anguish over his brother’s death, accusing Atul’s in-laws of extortion and relentless harassment. “My brother suffered immensely due to their unreasonable demands. Their greed and harassment led to this tragedy,” Bikas stated.

Nikita’s family, however, denied the allegations. Speaking to the media, they expressed regret over Atul’s death but maintained their innocence. “We are not guilty of what happened. We will provide proof of our innocence shortly,” a family member of Nikita stated.

“Section 498-A Has Become a Tool for Extorting Money. While there are genuine cases, a significant number are fabricated, targeting not just the husband but his entire family,” Pahwa said. He suggested reforms, including making the provision bailable, introducing gender-neutral clauses, mandatory mediation before filing cases, and strict penalties for false allegations.

Manan Kumar Mishra, the chairman of the Bar Council of India, expressed similar worries and urged investigations prior to filing charges under Section 498-A. This instance emphasizes how urgently legal reforms are needed. Misuse of this provision is undermining its intent,” Mishra stated.

Supreme Court’s Observations

Concern over the increasing abuse of Section 498-A has been voiced by the Supreme Court on numerous occasions. The clause is frequently used as a tool to harass spouses and their families to comply with irrational requests, according to a recent ruling by a bench made up of Justices BV Nagarathna and N Kotiswar Singh.

“Originally intended to protect women from cruelty and harassment, the provision is now being misused for personal vendetta. Vague allegations during matrimonial disputes, if not scrutinized, encourage such misuse,” the Court observed.

The bench quashed several cases filed by a wife against her husband and in-laws, emphasizing the need for balance and fairness in matrimonial disputes. “This law must not become an instrument for arm-twisting tactics. We cannot allow its misuse to undermine the institution of marriage,” the Court stated.

In conclusion

Discussions concerning the abuse of Section 498-A and its repercussions have been rekindled by the tragic suicide of Atul Subhash. Legal professionals and the judiciary stress the need for reforms to safeguard real victims while preventing the abuse of the law as calls for justice become stronger. Atul’s passing serves as a sobering reminder of how vital it is to fix the problems with the current justice system and make sure that no more people are killed in such terrible situations.

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