SC junks PIL seeking constitution of expert panel to review and reform dowry, domestic violence laws-OxBig News Network

The Supreme Court on Monday refused to entertain a PIL seeking constitution of an expert panel to review and reform dowry and domestic violence laws, saying it was for Parliament to do it.

“Supremacy of the Parliament is there. They are the ones making the law…Then, you will come with the second petition for contempt that they are not deciding your representation. Your name will keep on appearing in the newspaper and media. We cannot make a law. It is for the Parliament to make a law,” a Bench of Justice BV Nagarathna and Justice SC Sharma told petitioner advocate Vishal Tiwari.

“Society must change. We cannot do anything. Parliamentary laws are there. Society has to change,” the Bench said.

The court’s comments came after Tiwari sought liberty to make a representation at an appropriate forum.

Days after 34-year-old Bengaluru techie Atul Subhash committed suicide due to alleged mental torture by his wife and in-laws, Tiwari had last month moved the top court seeking constitution of an expert committee headed by an ex-top court judge to review dowry, domestic violence laws and suggest measures to prevent their misuse.

“The Dowry Prohibition Act and Section 498A of IPC were meant to protect the Married women from the Dowry demands and harassment for that but in our country these laws have become a weapon to settle unnecessary and illegal demands and to suppress the husband’s family when any other nature of dispute arises between husband and wife,” Tiwari submitted.

Citing the recent tragic suicide of Subhash, Tiwari said, “There have been many incidents and cases of false implication of man in dowry cases which has led to very tragic end and also raised question on our justice and criminal investigation system.”

“Before he died by suicide, Atul Subhash recorded an 80-minute video in which he accused his estranged wife and her family of slapping multiple cases on him and his family to extort money from them. Atul Subhash also criticised the justice system in his 24-page suicide note. The Suicide note has also made allegations upon the judge of being demanding the money for settlement which is a very serious issue,” the petition read.

Noting that this was not only about one Atul Subhash, Tiwari submitted that there have been lakhs of men who have committed suicide because of multiple cases showered upon them by the wives.

“The gross misuse of the dowry laws have defeated the purpose of these laws for which they were enacted. That these cases not only impact the lives and career of husbands and wives but also have a very deep impact in negative form upon their children. It affects their mental health behaviour which could result in the ruin of their proper growth,” he submitted.

Section 498 A of the Indian Penal Code has often been used as a tool for extortion and false accusations against husbands and their families, he said, adding lack of stringent penalties for false complaints has encouraged its misuse.

“The Domestic Violence Act was enacted to provide protection to women facing domestic abuse. However, it has also been misused to harass innocent family members, including elderly parents and distant relatives, in domestic disputes,” Tiwari submitted.

About the Prevention of Sexual Harassment at Workplace (POSH) Act, 2013, he said it was enacted to create safe workplaces for women. However, some cases have emerged where women have falsely accused colleagues or superiors for settling personal scores, he pointed out.