Dowry Law Drama Unleashed in India!

On the evening of December 9th, a 34-year-old man from India tragically took his own life. Found beside his body was a sign that read “justice is due.” Atul Subhash, a software engineer from Bengaluru, left behind a detailed 24-page suicide note and an 81-minute video where he attributed his actions to issues in his marriage and divorce proceedings.

In the note and video, which have since circulated widely on social media, Subhash accused his estranged wife Nikita Singhania, as well as her mother and brother, of subjecting him to prolonged harassment and torture – allegations that they have refuted. Following these accusations, the three individuals were apprehended shortly after, with a court ordering them to be held for 14 days.

The news of Subhash’s tragic death has sparked a wave of reactions, prompting men’s rights advocates to speak out and initiating a broader dialogue regarding India’s stringent dowry law. Originally designed to safeguard women from mistreatment and violence, critics argue that the law is now being exploited by some women to torment their spouses, potentially leading them to extreme actions like suicide.

India’s highest court has also weighed in on the matter, with one judge condemning the law as “legal terrorism” intended to shield individuals rather than act as a means of justice. Conversely, women’s rights activists emphasize the ongoing issue of demanding exorbitant dowry payments, which they claim results in the deaths of numerous women annually.

Subhash and Singhania tied the knot in 2019 but had been estranged for three years, during which Subhash alleged he was barred from seeing their four-year-old son. He claimed that his wife filed false legal complaints against him, including allegations of cruelty and dowry harassment, in addition to other wrongful acts.

In the video, Subhash accused the Singhania family of extortion, detailing their demands for substantial sums of money to drop the charges against him, grant visitation rights to his son, and increase his monthly maintenance payments significantly. He also spoke of his numerous court appearances over the years, accusing a judge of harassment, bribery requests, and mockery. A statement purportedly issued by the judge deemed these claims as baseless and defamatory.

Following Subhash’s death, protests erupted in various cities, with social media users demanding justice for him. Many labeled his suicide as a form of murder and targeted Singhania, urging for her arrest and imprisonment. The outcry led to a police investigation and subsequent arrests of Singhania, her mother, and brother on charges of abetting suicide.

During questioning, Singhania denied the allegations of mistreatment towards Subhash. Previously, she had accused him and his family of dowry-related harassment in a divorce petition. She claimed they had expressed dissatisfaction with the gifts her parents provided during their wedding and demanded additional monetary compensation.

Men’s rights activists have organized demonstrations across multiple cities, advocating for justice in the case of Atul Subhash.

Dowries have been prohibited in India since 1961, yet the bride’s family still customarily gives cash, clothing, and jewelry to the groom’s family. A recent study revealed that 90% of Indian marriages involve such exchanges, with payments totaling a quarter of a trillion dollars between 1950 and 1999. Tragically, between 2017 and 2022, 35,493 brides in India lost their lives – an average of 20 women per day – due to dowry-related issues, some occurring years after the wedding. In 2022 alone, over 6,450 brides were killed over dowry demands, equating to about 18 women daily.

One such case involved Singhania, who claimed that her father passed away from a heart attack shortly after her wedding when Subhash’s parents pressured him for money. She also alleged that her husband was abusive, engaging in violent behavior, and demanding unnatural acts during their relationship. Subhash denied all accusations.

Furthermore, in response to Subhash’s suicide, there have been calls to revise, or even eliminate, India’s strict anti-dowry law – Section 498A of the Indian Penal Code. This law was implemented in 1983 following a series of dowry-related deaths in Delhi and across the nation. It came about after numerous reports of brides being killed by their spouses and in-laws, often disguised as accidents in the kitchen. The law was a result of protests by female MPs and activists pressing parliament to take action.

Although the law was seen as a victory for women seeking justice in cases of cruelty within marriage, critics argue that it has been misused by women to harass their husbands and families. Men’s rights activists claim that the law is largely exploited to extort men, leading to a rise in false dowry cases and extortion attempts. The Supreme Court of India has cautioned against the misuse of the law, emphasizing the need to prevent it from being used for personal vendettas.

It is argued that the current system allows for abuse, with an industry built around exploiting the law. Activists highlight the toll on men, pointing to high rates of male suicides linked to family discord. Concerns have been raised that the police, judiciary, and politicians are turning a blind eye to these issues.

“Triarchy also works against men,” he says. “Women have recourse to laws and they get sympathy, but people laugh at men who are harassed or beaten by their wives. If Subhash was a woman, he could have had recourse to certain laws. So, let’s make laws gender-neutral and extend the same justice to men so lives can be saved.” There should also be stringent punishment for those who misuse the law, otherwise, this will not be a deterrent, he adds.

Ms. Chauhan agrees that women who misuse the law should be punished but argues that any law can be misused. The Bengaluru case is in court, and if it is proven that it’s a false case, then she should be punished, she says. “But I do not support it becoming gender-neutral. The demand for that is regressive as it disregards the need for special measures that acknowledge that women are disproportionately impacted by violence.”

Those going after Section 498A, she says, are “driven by patriarchy and because it’s a law for women, attempts are made to strike it down”. “It came after years of societal patriarchal injustice. And this patriarchy remains the reality of our generation and will continue for generations to come.” Despite the law, she says, demand for dowry is rampant, and thousands of brides continue to be killed over it.

The need of the hour, she adds, is to “make the law stronger”. “If three out of 10 cases that are filed are false, then it is for the courts to impose a penalty on them. But women are still suffering very much in this country so do not ask to repeal the law.”

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