The suicide of Bangaluru engineer Atul Subhash has triggered a nationwide debate about the anti-man marriage laws. His thirty pages suicide note and eight minutes long video blaming his estranged wife and her family of harassment, extortion, blackmailing and subsequent suicide has pulled the attention of the nation and triggered a big debate on how sick is our legal and social system in disputes of disturbed and abusive relationships.
The suicide
of Atul Subhash has enforced the idea that men are much more in need of
legal, social and emotional support than women, though the activists, feminists
and other rights groups are still hooked to propagate otherwise. It manifests
how 'dowry' lingers as a perilous weapon in society to harass men for more than
almost seven decades since it was decreed as a cognizable offence. In cities
and the educated class, the dowry system is nearly eradicated. But, this
anti-dowry act is used by all against the husband and his family to settle the
score and extort a huge amount as a divorce package.
This case
has again affirmed that whenever there is a dispute between husband and wife,
'all men' are victims of this high-handedness. All women use this as a tool to
harass the husband's side. Atul's wounding description of the legal system is
the story of all men. Section 498A of the formerly IPC (Section 85 of the BNS)
is an unkind section for men. Even the highest court of the land The Supreme
Court (while quashing many such cases) has articulated unease over the mounting
trend "to abuse the provisions of the section," to "let loose
personal grudge" and "making unfair demands."
The other
scenario should be out of deliberation now. There was a time, when married
women suffered mental, physical and financial harassment for decades, without
any legal support. This forced the lawmakers to bring the 498A section.
However, among the Muslims, married women in a majority of cases, still have to
swallow the mental and physical abuses for life, without any legal remedy.
Whenever
there is a tragedy, precious life is lost and many others and families are
ruined in legal mesh, people cry for gender-neutral laws and legal reforms.
One-sided strict laws are not the remedy because the more stringent the laws,
the more they will be abused. There is much more in the pledge that can be
specified. The legal system is not always guided by the material and the
evidence. It depends upon many other things. Deciding about an alimony is a
persecution to the husband. There is no law to address the pain and agony of
the husband and his family. They have to face untold miseries and humiliation
right from filing the case. There is no consideration of their mental trauma
and social embarrassment.
Long-drawn-out
divorces and legal battles are also other torturous issues. Atul also blamed
the endless dates and court visits, partisan and corrupt judges, court staff
and other authorities for his mental and financial agony. However, it was
just another cruise for the wife and her family to grab a fat divorce and
settlement package by misusing the law and the system. The top court has
commented," Laws For Women's Welfare Not Tools To "Extort" Their
Husbands: Top Court."
Irrespective
of the conclusion of the investigations, one thing is clear with the suicide of
Atul Subhash the society, system and legal web are up the fault line. Now, the
malaise is rather deep. It needs drastic reform to fix the trust. This is big
irony that one has to pay alimony and maintenance foe entire life according to
his status to a woman with whom the man has no relationship anymore. Who will look after his parents in case he
dies or became a pauper? These are serous flows in the law.
There should
be a legal provision of a prenuptial agreement, in a written contract form
enforced before marriage or a civil union that facilitates them to choose and
manage all the legal rights upon marrying, or marriage ends by divorce or
death. This law should be gender neutral and supersede all the martial laws in
the event of divorce, division of property, retirement benefits, savings,
alimony, children's expenses, care of old and sick family members etc.
Some
countries, including the United States, Belgium, Netherlands etc have
prenuptial agreements that cover all the events of divorce, death, property and
even bankruptcy. Many countries, including France, Germany, Italy and Canada
have matrimonial regimes instead of prenuptial agreements. Goa is the only
state in India where a prenuptial agreement is legally enforceable, as it still
follows the civil code of Portuguese, of 1987.
The law
should be amended to address men's harassment. It is very easy to malign women
than to do real work to support and protect men. Far left-wing feminists would
be assembled to oppose men's rights activists, the anti-Section 498 and
anti-man fantasists etc. It requires a lot of work and courage to reform the
Marriage and Divorce Acts.