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anupam sharma (Legal Officer)     13 February 2010

Domestic Violence

Hey..

 

Greetings!!

 

In India women may be touted as Devis/Goddesses but they are still treated as slaves. Life of a woman, right from her birth (which seldom is celebrated with happiness and fervor) to her death is pitiable. Life of a married woman is the worst stage of her life for most of the Indian women. An Indian woman who is illiterate is badly treated by the people inside and out but the fate of the educated woman is no good for some Indian girls because even if she is lucky enough to be literate she still would not fight for her "rights" due to the reserved attitude of the Indian society which is prejudiced towards a woman. Despite many laws formulated for protection of a married woman, they are barely put into practice. Introduction of section 498-A into the Indian Penal Code is of little use. This section deals with cruelty by a husband or his family towards a married woman.

 

1. Conduct that is likely to drive a woman to suicide,

 

2. Conduct which is likely to cause grave injury to the life, limb or health of the woman,

 

3. Harassment with the purpose of forcing the woman or her relatives to give some property, or

 

4. Harassment because the woman or her relatives is unable to yield to demands for more money or does not give some property.

 

But the big question is, are these laws ever put into practice? Have we ever thought about these laws being practically possible??

 

Some questions did arise in my mind while I was studying the said law.

1. Why the 3 year punishment for Section 498-A not act as deterrent for commission of such offences? Is it for the typical Indian mentality that a woman would never speak up against wrongs done to her?

 

2. A court order preventing a woman being thrown out OR an order enforcing her right to return to it once she has left or been thrown out would fulfill the purposes of a blissful marital life? Would a woman be able to live in peace with her husband or in-laws after such court order?

 

3. A bond for peace/good behavior by the husband /deposit of securities (i.e. money or property) forfeited if he continues to act violently is enough for ensuring a healthy and happy relation between a woman and her spouse?

 

4.Even if a woman gathers courage to complain against her spouse/in-laws, police would protect her and would not be bribed (as the Indian police is notoriously known for) and whether the husband and in laws would not get away with easily in the process of court due to lack of evidence and other technical reasons?

 

 

To give a conclusion to this gloomy article ,I can only think of one solution of workable laws which are more practicle.Though we cannot change the scenario in he police stations and courts, we still can work towards legal awareness among Indian women and further motivate them to implement the laws for better life and future. But still I feel in the Indian scenario, a woman has to be smart enough to handle marital problems for which being educated is must. The course of law should be opted for only in the case she is not able to handle the "cruelty" by herself or if her life and liberty is endangered. Marriage can really be blissful if a woman works towards it carefully and cautiously

 

 



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