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After Atul Subhash Suicide, PIL Seeking Reforms To Stop Harassment filed in SC 

A Public Interest Litigation (PIL) has been filed before the Supreme Court, requesting directions to prevent husbands and their family members from being tortured in cases filed under domestic violence and dowry laws, following the suicide of a man named Atul Subhash, who allegedly committed suicide as a result of harassment by his wife through matrimonial cases.

The PIL concerns were demonstrated by the tragic case of Bengaluru-based techie Atul Subhash, who took his life after alleged harassment by his estranged wife. Subhash, an engineer, left a 24-page suicide note and a 90-minute video detailing years of marital discord and financial exploitation.

In his Public Interest Litigation, Advocate Vishal Tiwari asks the Union to follow the Supreme Court's observations in Achin Gupta v. State of Haryana, 2024 INSC 369 and Preeti Gupta v. State of Jharkhand, Criminal Appeal No. 1512 of 2010. In Preeti Gupta, the court called attention to the misuse of Section 498A of the Indian Penal Code, which has led to the husband and his family members being unduly involved in criminal proceedings involving accusations of domestic violence against the wife.

The court also encouraged the legislature to make amendments. In order to stop its misuse, the Supreme Court in Achin Gupta asked the Parliament to think about amending Sections 85 and 86 of the new criminal code, which are the equivalent of Section 498A IPC. Nonetheless, the BNS has kept the clause in place since it went into force on July 1, 2024.

In order to examine and revise current domestic violence laws and recommend ways to stop their abuse, the Petitioner seeks to organise an expert group made up of retired judges, distinguished lawyers, and legal jurists.

In addition, the Petitioner sought direction that marriage records include information on the gifts and objects presented at the marriage. The Petitioner cited Atul Subhash's suicide, which sparked an outcry on social media demanding justice for men's rights and strict actions against exploitation of laws by married women, and suggested to make reviews and reforms in existing Dowry laws and the Domestic Violence Act so that its misuse and abuse could be stopped, innocent men could be saved, and the real purpose of the Dowry laws may not be defeated.

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