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PREMA (DIRECTOR)     10 October 2012

Kidnapped and forced marriage

I am not an Indian citizen and do not leave in India. I am writing this on behalf of my helper who is from India.  She is a single mother with a daughter (19 years).  She left her girl in the custody of aged parents and brothers in a remote village.  Through her hardwork she had saved some money and jewellery for her daughter.  A month ago she received a terrible news that her only daughter had been kidnapped, raped and forced to marry the guy who raped her.  Apprently this guy and his family are from the same village and were hoping that by kidnapping and marrying the girl, my helper will have no choice to give them her hard earned money as "dowry".  For your information my helper had already turned down their request from this guy for her daughter's hand in marriage a few times before.

A complaint was lodged at the police station. Eventually when the girl and guy were produced at the police.  My helper had spoekn to her over the phone when they were at police station andtold her daughter that that no matter had happended she is willing to take her back and told her they were after the money only. The naive girl said that after what had happended she has no other way but to leave with the guy. and even if she dies she will die at their house. My helper said she will never give any dowry given the situation.  Many of the villagers told her to forget what had happended and conduct a proper marriage. My helper is heart broken at what had happened.  We are prepared to help her but are at a lost what to do.

Can someone tell me what can be done.  Thank you



 1 Replies

Tajobsindia (Senior Partner )     10 October 2012

1. Nothing should be done from your side. Below reply is based on assuming two situations; one the maid is living with you OR two the maid is caretaker of your home while you are living overseas. Either situation the incidence were narrated to you by the maid 1 month ago. Based on this read further;


2. Hon’ble SC has given no. of times its opinion that if a lady is raped and the rapist agrees to either compensate her OR marry her then the case is quashed CLOSED being social justice done on the case by Court(s). Here a case was lodged. At police station lady readily agreed to go with her rapist and marry him too. The parent of the girl (that is your maid) spoke on the spot to police as well as with her daughter and instead of saying NO TO MARRIAGE your maid spoke about “not giving dowry and whatever happened to her own daughter she wants daughter back!”.

3.
So now what justice your maid wants for her own daughter for whom she saved for daughters marriage all these years via your social empowernment possible acts?

If she (your maid) does not want to give away her hard earned savings to S-I-L (as dowry) then it is her sweet will and no one can force her to part with it but her own daughter has done justice to the then situation she was then in / faced and your maid was also made aware of the same via telephone conversation 1 month ago. Today educated employer should not middle with a compromised case that is closed and separate a raped daughter who is now married from a person who raped her and thus seek her daughter's divorce and also pray for giving her rapist retrospective punishment which again are not allowed under Criminal Laws of the land. I mean on what “grounds” such actions can be taken now, when Hon'ble SC of India had given complete justice in so many similar cases till date now you want it to reach a trial at local Courts? well it is also barred by double jeopardy now is my secondary view.

My question is also to a educated employer of a maid which is not un-natural / un-sensitive to ask today such as; “did you not hear conversation from your maid when her daughter was raped and she spoke to the police in-charge at the police station over telephone and did your maid not tell her employers that is you about the incidence and what she said then to her daughter / police?”

If the answer is YES she then told you all these. So at that time your advise to your maid would have been to tell strictly to her daughter “no marriage with that rapist person till I (i.e. her mother) comes back” and you would have sensibly packed off your maid back to her native place to seek justice from local courts for her daughter and meanwhile the police complaint would not have been closed as compromised by parties. You failed as your bounded duty being employee and employer relationship when this maid in question is living far off under social protection of you. You also abetted (you say to us you heard about the incidence 1 month ago - so what you were doing from last 1 month that you are asking this query to us TODAY?) is my addendum view to facts in hand and hence suggested to tell to your maid i.e. today “donot part away with your savings, though accept your daughter as your own daughter inspite of what happened” that is there now in the facts left out to share shoulder to.


I am aware the lady didnot get the justice then bze it is failure of her own local "protectors to whom her safety, security and well being were intrusted to look after". But today it is too late provided your maid tomorrow goes back to her remote native village and first aparts the couple and re-open the closed complaint case and then it is long drawn Court case climbing from local Courts to HC to SC and yes all these are also possible to do but then this maid and the lady needs extra ordinary humane support from her employers all through her long legal battle if she is agreeing to such option. Are you ready to do just that ?

Think about it, rest is your choice as social help as I have given you both judicial view as well as social views in straight forward non-sensitive reply way as sentiments and emotions in Criminal Court cases should not be applied ………


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