Tag: Misuse of 498A

‘Social Media Plays a Key Role in Exposing Cases of Alimony Extortion’

By LokMarg

Alka Dwivedi, a trainee lawyer at Lucknow Bench of Allahabad HC, says while domestic violence was always in news, social media is exposing cases of alimony extortion. Her views:

I can still vividly recall the suicide of software engineer Atul Subash, which I consider a classic example of ‘alimony extortion’: Subash hanged himself after recording an 80-minute video wherein he gave out the details of consistent harassment by his wife Nikita Singhania.

The deceased also accused the Jaunpur (UP) district judge of demanding a bribe of ₹5 Lakh to settle the case, raising a serious concern on our judicial system. The video was posted by Subhash on his social media account and it went viral. As it created an outrage, the mainstream media too splashed it on TV screens and newspapers.

Legally speaking, a wife can file a complaint against his husband under section 498A of the IPC, The Hindu Marriage Act and the Domestic Violence Act 2005. However, there are many instances where a wife institutes a false complaint against her husband and the husband, in many cases, has no remedy since the laws of India are tilted towards women.

It is also crystal clear from this unfair nature of laws that the “Burden of Proof” in laws dealing with protection of women lies on the accused to prove his innocence and the husband (and in many cases his family members) are immediately apprehended as soon as the wife lodges an FIR that is without an opportunity of being heard, they are considered accused.

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Ironically, there are many laws to dictate the dos and don’ts to a husband, but unfortunately, there is nothing in the hands of the husband to safeguard himself against his wife’s nefarious intentions. It seems that the possibility of the husband being harassed by the wife has been deliberately ignored by the lawmakers.

One of the most discussed aspects of this issue is the data that reveals its prevalence. According to the National Crime Records Bureau (NCRB), in 2020 alone, over 85,000 cases were registered under Section 498A of the IPC and shockingly enough, out of these, 5,821 cases were declared false upon police investigation, underscoring the significant misuse of this provision. Judicial findings further paint a grim picture.

A study of divorce cases between 2010 and 2020 revealed that nearly 25% of alimony claims involved exaggerated demands or unfounded allegations. Another shocking figure came up that between 2010 and 2020 where over 2,000 cases of male suicides were linked to family disputes and harassment during divorce proceedings, as per NCRB data.

Social media in India has become a platform where individuals involved in divorce and alimony cases can share their experiences, including allegations of false claims. This has led to a growing awareness and discussion about the issue of potentially fabricated alimony demands and the impact of such claims.

The social media is also increasingly playing a role in divorce and alimony cases in India, with posts, messages, and other content often being used as evidence, it is also increasingly becoming a tool to expose instances of alleged misconduct, financial discrepancies, or other behaviors relevant to the case, potentially impacting the outcome of alimony claims.

As told to Rajat Rai

‘A Law Made With Noble Intentions Has Become A Tool For Extortion’

By LokMarg

Ashish Swaroop Bhatnagar, an advocate in the Allahabad High Court with expertise in family matters, says higher judiciary must take note of rampant misuse of 498A. His views:

The recent Atul Subhash suicide case has jolted the conscience of the nation. It was disheartening to view his last video, where he shared the injustice, exploitation and trauma that he had been facing at the hands of his in-laws and wife, who used legal loopholes to cause untold misery for the now-departed soul. My thoughts and prayers are with his bereaved family. I strongly hope that the family gets justice, but I am aware that this process remains cumbersome and hectic.

It will not be an exaggeration to say that Section 498A, which has been bifurcated into Sections 85 and 86 in the BNS, has been a preferred legal tool for extortion and is grossly misused in most of the cases filed in family-related disputes. The reason is: its stringent provisions leave little or no space for the husband to reach a genuine and mutually acceptable settlement. Atul Subhash is merely one of the thousands cases being dragged in our courts.

I believe that it was a law made with noble intentions – it was meant to curtail the rising dowry deaths in the early 1980s – but I am sorry to say that today it has acquired the reputation of being the most abused legal formula ever. And as the cases of divorce in India are rising at an astonishing pace, I have no hesitation in admitting that that many disgruntled women, aided by unscrupulous lawyers, routinely misuse this provision to harass their husbands and his relatives.

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The interesting part is that higher judiciary is well aware of the situation. Once a Supreme Court judge even termed it as “legal terrorism” and went ahead to warn that it was being used as an assassin’s weapon rather than being used as a shield against atrocities. As per statistics, more than 2.7 million people, including 650,000 women and 7,700 children were arrested between 1998 and 2015 just because the law prescribes immediate arrest of those named in a complaint and leave the onus of proving not guilty on the accused.

Though revolutionary measures need to be taken, especially in cases pertaining to family matter, this section needs immediate reforms like making it bailable and gender neutral as it has been continuously exploited over the years by disgruntled individuals whose sole intent is to extort money. I had personally witnessed its abuse even within the police and legal fraternity and those filing false cases with the sole intention to settle matters financially.

There is a need for accountability in the legal system and the courts should approach such cases with greater caution and conduct thorough investigations before proceedings. People who are victims of false cases have recourse so that they can file counter complaints for malicious prosecution and defamation and can also seek damages.

In extreme cases like suicide, there could be grounds against those responsible and it should include harassment and abetment to suicide. Also measures like mandatory pre – using counselling, stricter verification procedures before arrest, protecting innocent men and their families from being targeted unfairly and making the offense compoundable to prevent frivolous complaints should be adopted.

As told to Rajat Rai