A public interest litigation (PIL) has been filed in the Supreme Court seeking review of the Domestic Violence Act and the existing laws related to dowry, so as to ensure that a husband and his family members were not harassed in such cases.
The PIL has been filed by Advocate Vishal Tiwari, following the death of one Atul Subhash, who committed suicide allegedly due to harassment by his wife through matrimonial cases.
The petition sought directions for the Central government to implement the observations made by the Supreme Court in Preeti Gupta vs State of Jharkhand (2010) and Achin Gupta vs State of Haryana (2024).
In Preeti Gupta, the top court of the country had flagged the abuse of Section 498A of the Indian Penal Code, whereby the husband and his relatives were unnecessarily dragged into criminal cases alleging domestic cruelty against the wife.
Stressing on the need to review the provisions under Section 498A of the Indian Penal Code, the Bench had observed that it was a matter of common knowledge that exaggerated versions of the incident were reflected in several complaints. The tendency of over-implication was also reflected in many cases, it added.
In Achin Gupta, the Apex Court urged the Parliament to consider amending the counterpart of Section 498A IPC in the new criminal code (Sections 85 and 86 of the Bharatiya Nyaya Sanhita) to prevent its abuse. However, the BNS, which came into operation on July 1, 2024, retained the provision.
The PIL further sought the constitution of an expert committee comprising retired judges, eminent lawyers and legal jurists, to review & reform the existing dowry and domestic violence laws, as well as suggest measures to prevent their misuse.
It further sought direction that marriage registrations should record the articles/gifts given during marriage.
The petitioner contended that the time has come to review and reform the existing laws related to dowry, as well as the Domestic Violence Act. This would not only stop their misuse and abuse, but also save innocent men from harassment. The real purpose of dowry laws should not be defeated, he added.
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The PIL has been filed by Advocate Vishal Tiwari, following the death of one Atul Subhash, who committed suicide allegedly due to harassment by his wife through matrimonial cases.
The petition sought directions for the Central government to implement the observations made by the Supreme Court in Preeti Gupta vs State of Jharkhand (2010) and Achin Gupta vs State of Haryana (2024).
In Preeti Gupta, the top court of the country had flagged the abuse of Section 498A of the Indian Penal Code, whereby the husband and his relatives were unnecessarily dragged into criminal cases alleging domestic cruelty against the wife.
Stressing on the need to review the provisions under Section 498A of the Indian Penal Code, the Bench had observed that it was a matter of common knowledge that exaggerated versions of the incident were reflected in several complaints. The tendency of over-implication was also reflected in many cases, it added.
In Achin Gupta, the Apex Court urged the Parliament to consider amending the counterpart of Section 498A IPC in the new criminal code (Sections 85 and 86 of the Bharatiya Nyaya Sanhita) to prevent its abuse. However, the BNS, which came into operation on July 1, 2024, retained the provision.
The PIL further sought the constitution of an expert committee comprising retired judges, eminent lawyers and legal jurists, to review & reform the existing dowry and domestic violence laws, as well as suggest measures to prevent their misuse.
It further sought direction that marriage registrations should record the articles/gifts given during marriage.
The petitioner contended that the time has come to review and reform the existing laws related to dowry, as well as the Domestic Violence Act. This would not only stop their misuse and abuse, but also save innocent men from harassment. The real purpose of dowry laws should not be defeated, he added.
The post appeared first on .