Bengaluru Techie's Suicide Raises the Issue of Misuse of Section 85 of the BNS, and A Need to Relook into the BNS Laws

Marriages in India are considered a highly revered union, which is believed to unite together not just two individuals, but two families as well.

- DR. S. KRISHNAN AND MS. ARCHANA SHUKLA

But unfortunately, due to the rise of materialistic mindsets among the people of today, this sacred bond is getting tarnished. Just to fulfill their greed or take revenge or fulfill ulterior motives, some people have fallen to such an extent that they do not hesitate even for a moment to file any frivolous case against someone.

The suicide of a 34-year-old man, Atul Subhash, in Bengaluru due to alleged harassment by his estranged wife and her family has led to an outrage on social media over the misuse of anti-dowry laws and domestic violence law under Section 85 of the Bharatiya Nyaya Sanhita (BNS), previously Section 498A of the Indian Penal Code.

Shockingly, a significant chunk of this originates from those laws which were made for the protection of the women who have to face unjust treatment or unreasonable demands from their in-laws or even her husband as well. Although there is a pressing need for such laws, but because of the presence of loopholes accompanied by several other external factors, have raised doubts in the minds of general public as to whether we should actually protect that section of society which is filing such false cases. Due to the actions of a few people, many genuine victims still continue to suffer. Therefore, it is crucial to understand and admit that there exists a problem in our country dowry laws and they have to be amended as soon as possible.

Men face significant challenges in our legal system, particularly in cases of false accusations under Section 85 of the BNS or rape laws. In these instances, men often lack protection and face severe societal judgment and legal repercussions. Additionally, under CrPC 125, husbands are compelled to pay maintenance to estranged wives without ensuring that the wives fulfill their responsibilities. This one-sided approach leads to considerable harassment, with men facing societal scorn, lengthy court proceedings, and even imprisonment for crimes they did not commit.