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Introduction
The case of Atul Subhash, a 34-year-old techie from Bengaluru, who allegedly committed suicide, has become an outrage. His alleged suicide because of constant harassment, financial demands and callousness meted out to him by his estranged wife, Nikita Singhania and her family, as well as numerous false accusations hurled at him has brought out the worst in the legal system.
Background
In recent years, literature of domestic violence and its primary focus has remained on female victims while few cases are now emerging for male victims. Cultural prejudices, the traditional portrayal of masculinity, and the limited understanding that mental health is an issue affecting everyone inhibit men from seeking aid or reporting mistreatment. The Atul Subhash case, in particular, is a perfect example of how abuse, in general, knows no gender boundaries.
The tragic narrative of Atul Subhash
The picture that Atul Subhash wanted to paint in his 24-page suicide note is a grim one. He described a planned pattern of torture with his wife and her entire family feeding him tales of dowry harassment and domestic violence. He said these allegations were baseless and had no verifiable evidence to support them, which was later used to perpetrate a legal war against him.
The case has raised concern in the whole of the country with respect to the abuse of the DV Act. The opponents suggested that the legislation is inclined in favour of women and, therefore, a woman can manipulate it and bring charges against a man to harass him regardless of whether the allegations are true or not.
Timeline of Atul Subhash case
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2019: Atul Subhash, a Computer Engineer who is a master in Artificial Intelligence got married to Nikita Singhania who is working with Accenture. The two got together through a matchmaking app and welcomed a baby boy in 2020.
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2021: The beginning of the collapse of the marriage was when Nikita and her family allegedly asked for huge amounts of cash from Atul so they could start their own business. After an enraged quarrel, Nikita took their child and left their house.
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April 2022: Atul’s wife Nikita filed many complaints to the police about domestic violence and dowry torture by Atul and his family members. She claimed that Atul was a very abusive husband, who was frequently assaulting her within the marriage.
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9 December 2024: Atul Subhash was found dead in his own apartment in Bengaluru. He is also said to have held a 24-page note and a 90-minute video, in which he explained his problems such as the lawsuits by his wife, among other issues. The note said that Nikita accused him of demanding dowry and unnatural sex.
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The Bengaluru police filed an abetment of suicide case against Nikita, her mother, brother, and uncle under sections 108 and 3(5) of the Bharatiya Nyaya Sanhita (BNS) Act after Atul’s brother Bikas Kumar filed a complaint.
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13 December 2024: The Bengaluru police gave summons to Nikita and the family members insisting on them to comply with the investigation or report to the investigating officer within 3 days.
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14 December 2024: To avert arrest, Nikita and her family sought anticipatory bail in the Allahabad High Court. However, Bengaluru police arrested Nikita in Gurugram, Haryana after learning about her current location.
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Her mother Nisha and brother Anurag were also arrested at Prayagraj in Uttar Pradesh. The accused were shifted to Bengaluru and were produced before the concerned court after which they were sent to judicial remand for 14 days.
If you suffer any threat, or harassment or are a victim of domestic violence you should consult a domestic violence lawyer.
How misuse happens
False Allegations: One of the common ways of misuse is the filing of a false case of dowry harassment or cruelty for a vindictive purpose or for demanding money.
Extortionate Maintenance Claims: High costs are used under the pretext of the child’s best interest to blackmail the other party into granting a particular demand.
Deliberate Delays: Another method used in misuse cases is dragging cases to unnecessarily hurt the accused and keep them suffering for as long as possible.
One-Sided Laws: Some of the laws clearly favour women while assuming men as guilty and this does not give room for fairness in many instances.
If you are someone accused of a false allegation case, you must get the advice of a professional criminal lawyer. They can help you get justice and know your rights in such cases.
Consequences of legal abuse
Emotional and Mental Toll: The effects of false accusations are stress, mental break-down, and even suicides.
Financial Strain: Long court trials drain the monetary resources of the accused person to an extent that he or she can be financially ruined.
Judiciary Overload: Many baseless cases choke the already straining judiciary system leaving genuine victims waiting for justice.
Erosion of Trust: Abuse of legal rights causes societies to develop a negative attitude towards laws designed to protect women, despite the fact that genuine beneficiaries of such laws may be negatively affected.
Need for Safeguards
Penalties for False Allegations: Tough measures must be provided to those who are found to have instigated false or baseless cases.
Gender-Neutral Laws: When laws are made gender sensitive then it can help tackle cases of abuse of both genders.
Judicial Scrutiny: Courts need to exercise due diligence when deciding to commence proceedings in delicate categories of injury.
Alternative Dispute Resolution: Promoting the use of mediation and counseling instead of heading to court to sort out the problems may be of essence.
Beyond gender: the human cost of domestic violence
The phenomenon of domestic violence that affects people of any gender has traditionally been associated mainly with women as victims. But also men remain silent, because they have the threat of social exclusion, and often disbelief. The case of Atul Subhash demonstrates that domestic violence does not have to be in one form, and it is equally deadly no matter if the one being abused is a man or a woman.
The price of power: how false accusations ruin people’s lives
It is concerning to note that domestic violence laws have become yet another means of abuse, coercion and domination over a victim. Slanderous reports result in monetary losses, breakdown of an individual’s reputation, and in some cases imprisonment. The perception of the possibility of being accused of the crime one has not committed causes men to freeze and be unable to protect themselves or get justice.
A call for reform
To address the systemic biases and ensure justice for all victims of domestic violence, it is imperative to:
Strengthen Legal Safeguards: Enhance strict measures to curb cases of enhanced domestic violence laws; any false evidence presented should be pinned with severe /stringent consequences.
Ensure Impartial Investigations: There is a strong call to investigate the claims fully before the legal processes are set in motion.
Provide Equal Access to Justice: Legal aid agencies for both male and female candidates should be developed to arrest unfair mean treatment in various aspects of life.
Promote Awareness and Empathy: Register people’s concern about the effects of domestic abuse on men and diminish prejudice and prejudice towards it.
Challenge Societal Biases: Cultivate gender-neutral thinking and motivation regarding domestic issues, essentially recommending more friendly and compassionate handling of cases determining marital discord.
In this regard, such measures will help foster a society where the sufferers of domestic abuse do not only get support or justice but also regardless of their gender or status.
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