New Delhi, Jan 27: The Supreme Court on Monday rejected a Public Interest Litigation (PIL) that called for the formation of an expert committee to review and reform dowry and domestic violence laws, with the aim of preventing their misuse.
A bench comprising Justices BV Nagarathna and Satish Chandra Sharma stated that societal change is beyond the court’s reach, emphasizing that "Parliamentary laws are there" and the responsibility lies with society to bring about change.
The PIL, filed by advocate Vishal Tiwari, sought reforms to prevent the misuse of domestic violence laws, particularly in light of the recent suicide of Bengaluru techie Atul Subhash. The petition also urged the government to implement guidelines to protect against the wrongful application of these laws. Specifically, Tiwari proposed that a record of gifts, articles, and money exchanged during marriage should be maintained with an affidavit and attached to the marriage registration certificate.
Tiwari argued that while the Dowry Prohibition Act and Section 498A of the Indian Penal Code (IPC) were designed to protect women from dowry harassment, these laws have been misused as tools to settle disputes and target the husband's family in cases unrelated to dowry demands. He emphasized that the misuse of these laws has resulted in false implications of men, causing suspicion towards legitimate complaints of domestic abuse.
The petition highlighted several tragic instances where men were falsely implicated in dowry-related cases, sometimes with fatal consequences, sparking concerns about the effectiveness of the justice and criminal investigation systems. Tiwari pointed out that the misuse of dowry laws has not only undermined their original intent but also contributed to a growing number of suicides by men who faced multiple, unfounded charges brought by their wives.
“The gross misuse of dowry laws has defeated their original purpose,” Tiwari said. However, the Supreme Court declined to take up the case, reinforcing that legal reforms are a matter for Parliament and that societal change must come from within the community.
(With agency inputs)
