'Make 498-A bailable, gender-neutral, mandatory mediation': Lawyers suggest changes in law after Bengaluru techie suicide case

New Delhi: Delhi-based Senior Advocate Vikas Pahwa on Wednesday spoke on the Bengaluru techie suicide case citing possible misuse of Section 498 A of the Indian Penal Code and said that the case should be taken into serious consideration as it affects the social fabric of our society.
The senior advocate said that Section 498 A is being misused and has become a has become a 'tool for extorting money.'
Speaking to ANI, Senior Advocate Vikas Pahwa said, "I think it's a very serious matter. Being a criminal lawyer for now over three decades, I have seen how 498 A has been misused by our own people--legal fraternity, police machinery, and the disgruntled women who have filed cases. This incident has triggered the controversy and has brought the issue before the people of the country. It should be taken very seriously because the misuse of 498 A should be curbed because it affects the social fabric of our society."
"There are false allegations that are not only filed against the husband but also --- relative, the in-laws and others, they are all implicated in this and most of them are false. I am not saying that there are no genuine cases, there are but a majority of them are filed to persuade the husband to settle the matter through some money," said the advocate.
Adding further he said, "Every day in Delhi HC, we have cases being settled between husbands and wives. There are hundreds of them, and why are they being settled--- because it involves money, it is being paid. This has become a tool for extorting money. Unfortunately, i haven't seen a single case, where the law has been misused and police have taken action against the woman."
"There is a provision in IPC, that if you file a false complaint, you tell a cop to investigate and take action against them, but none of it happens because no preliminary inquiries are being conducted, police have become part of the system, they facilitate the settlement and then cases are closed," he said.
Providing suggestions to curb the misuse of Section 498 A, the advocate said, "Make 498 A bailable, make it gender-neutral---that if the wife has harassed the husband, he should also be able to file a complaint against them and mediation in all cases--- that is before you register the cases, make both of parties sit together and accountability that if the case is false, they should be arrested."
Meanwhile, Manan Kumar Mishra, Advocate and Chairman, Bar Council Of India, also spoke on the Bengaluru techie suicide case and said, "It is very unfortunate. There should be action on this. The 498 A is being misused a lot these days, and the number of genuine cases in this has gone down. the courts have become liberal but there is still a need for changes in this, like an inquiry should be done before filing a first information report."
"I am not blaming all women but because of few women, others having genuine issues will have problems. We can solve this kind of issue and others through mediation," he said.
Another Supreme Court advocate Juhi Arora urged people to introspect before taking any extreme steps and assured that the law would provide a fair ground on matters such as these.
"We receive news that a husband committed suicide and left a suicide note clearly alleging that his wife and her family members harassed him, demanded extortion and filed fake cases against him, all of these driving him to commit suicide. Does this not raise a question in the minds of all, that if we highlight this issue, can it save the lives of people who might think of ending their lives in the face of such type of situation?" she said.
"I, being an advocate of the Supreme Court want to clarify that if any person is struggling with kind of an issue or going through such type of litigation, please stop before taking any extreme steps. This is because our Supreme Court has itself been raising concerns on this subject. In October 2024, a judgement on the SC raised concerns over such types of cases wherein laws such as the dowry case are being misused. Directions were issued to the other courts on the subject as well. In a judgement from Arnesh Kumar, there will be no immediate arrests in such type of cases where the punishment is less than 7 years," said Arora.
She said, "It is important to analyse whether you have a legal remedy in such a case. In this case, the husband has a lot of remedies. It is important provided you get good guidance and a good legal aide. I believe in this case, Atul Subhash did not receive proper guidance and also did not come across good legal aid, following which he found the extreme option of taking his life."
"In the present day, one can attend court case proceedings through virtual hearings. This is in a context that courts have said that the techie had to travel to Jaunpur for his cases, which he found inconvenient. Before taking any such extreme steps, I urge you all to please take good guidance and seek good and reliable legal aid in matters such as these," she said.
"This is because our lives are more precious than all these cases. taking such extreme steps will not solve the issues, it will only put your family in distress. If we want justice, we need to make ourselves strong enough to fight for it," she added.
Meanwhile, Deputy Commissioner of Police (DCP), Whitefield, Shivakumar on Tuesday confirmed that Bengaluru-based techie Atul Subhash committed suicide in the early hours of December 9 following harassment from his wife and her family.
Speaking to ANI, the DCP said, "Atul Subhash committed suicide during the early hours of 9th of December. A complaint has been lodged at the Marathahalli police station in Bengaluru regarding this. Multiple cases were running against him in Uttar Pradesh."
"His wife and her family members demanded money from him to settle this issue and harassed him. For those reasons, he died by suicide. Based on this complaint, we registered an FIR against the accused. An investigation is underway," said the official.
According to a statement released by the police, the victim was a resident of Uttar Pradesh who was living in Bengaluru. The police stated that the Hoysala Police Control Room received a call at 6:00 am on Monday about the suicide in a flat at Bengaluru's Manjunatha Layout in the Delfinium Residency.
The statement further stated that when the police went to search the place, the flat was locked from inside, and the lock was broken, following which they went inside and saw Atul hanging from a ceiling fan by the support of a nylon rope. The police stated that he was found dead upon arrival.
The police informed the incident to the brother of the deceased, Bikas Kumar, who later filed a complaint against Subhash's wife, his mother-in-law, his brother-in-law, and his wife's uncle, accusing them of filing a false complaint against Subhash and demanding Rs 3 crore money for the settlement, which led to his mental and physical harassment, following which he had to take the step.
In his suicide note, Subhash called for justice, stating, "Justice is Due" on every single page of the 24-page note. Along with his wife and her family members, Subhash also accused a family court judge in Uttar Pradesh's Jaunpur of not hearing him out, and an officer in the court, accusing him of taking bribes in front of the judge.
Subhash further described the instances that instigated him to take such a step. Subhash recorded a video describing his alleged harassment and asking his family members not to immerse his ashes till justice is served to him. His suicide note also had a message for his four-year-old son who he claimed had been kept estranged from him. The note also called for his parents to be given custody of his child.
The note and the link to the Video were sent to the WhatsApp group of an NGO, to which he was connected. Subhash alleged in his suicide note that his wife had filed nine cases against him, including murder, sexual misconduct, harassment for money, domestic violence, and dowry.