Author By : Ropafadzo Mazorodze.
Institution : Vishwakarma University.
Introduction.
Cruelty refers to any action that is likely conducted by a husband and his relatives which endanger women’s physical, emotional or physical states. Legal protection against cruelty by a husband and his relatives in India is found under Section 498A of the Indian Penal Code (IPC). This doctrine was introduced in 1983 when cases of domestic violence and harassment increased especially to married women. Anyone who is found guilty is put in jail for a maximum of three years and a fine. The police are allowed to arrest the accused even if they do not have a warrant and no one is allowed bail without going to court first. There are other provisions of the IPC which protects women from physical violence and threats in their marital homes for instance Section 354 and Section 323 respectively.
Historical evolution.
The Legal Protection Against Cruelty by husbands and their relatives evolved from 1983 in Section 498A of the Indian Penal code which was introduced to protect all married women in their matrimonial homes. This law protected women from all forms of abuse especially in case of dowry. Before 1983 women had no laws that protected them from domestic violence since the IPC and the Indian Contract Act protected all women except married women. The Dowry Prohibition Act was introduced in 1961 in an attempt to curb dowry deaths thus criminalizing giving or receiving dowry. However, this did not stop cruelty by a husband and his relatives. In 1983, Section 498A of the IPC criminalized these cruelties to married women. Later on Section 304B of the IPC managed to stop dowry related issues hence reducing married women’s deaths. Furthermore, in 2005 PWDVA protected all women from cruelty despite their marital status.
The role of legal protection against cruelty by husband or relatives.
Married women were facing all forms of cruelty within their marital homes but they had no laws to protect them. Section 498A of the IPC was enacted to ensure that women’s rights and well-being was adhered to since men thought they had full ownership of their wives hence they can do as they please with them. Married women were now facing serious injuries from domestic violence, suicide cases were increasing due to mental abuse and emotional abuse manipulated women into believing that they are born to serve their husbands and their relatives without complaining. The Supreme Court’s verdict in Hiral P.Harsora v.Kusum Narottamdas Harsora expanded that women needed protection from Domestic Violence from their spouses as well as their relatives. Guidelines from Bhajan Lal ensure that complaints are based on prima facie evidence in order to prevent women from misusing these laws.
Corporate governance reforms of legal protection against cruelty by husband or relatives.
In India the corporate governance reforms mainly focus on how a company is formed, managed and governed therefore it has no direct contacts with legal protections against cruelty by husbands or their relatives. In modern times some corporate governance focuses on “human rights diligence” thus leading to a diminution in family and criminal laws since its full knowledge is mainly centralized on corporate law. Section 408 of the IPC protects married women from cruelty by a husband and his relatives and those who abuse their wives are imprisoned and fined for a maximum of three years. Protection of Women from Domestic Violence Act 2005 was prone to safeguard married women from any form of abuse and dowry deaths. Corporate governance on uplifting companies and protecting employees from abuse so that they do their best in their working spheres not at home.
Key guidelines of legal protection against cruelty by husband or relatives.
With the help of the Hon’ble Supreme Court cruelty was defined as “grave and weighty” to the extent that the wife cannot live with her husband in the same roof and not “wear and tear” of marriage which can either be sickness or financial issues. Women experiencing cruelty by their husbands and his relatives are advised to visit the Magistrate’s court personally and request for a FIR registered by the police so that they are safe from harm. The government introduced 181 Women Helpline (WHL) where victims facing any form of abuse are advised to contract through direct calls, online chatting or emails. Section 354 protects women from assault in their marital homes, Section 323 shields married women from hurt or injury and lastly the Hindu Marriage Act 1995 allows women to file for divorce if they are facing cruelty from their spouse or their relatives.
Regulations of legal protection against cruelty by husband or relatives.
In India married women are protected from cruelty by their husbands and his relatives by Section 498A of the India Penal Code in-which the accused is imprisoned for up to three years and a fine. Additionally, Section 304B of the IPC protects women from dowry deaths and committing suicide because researchers discovered that women are passing away within seven years of marriage. On top of that, the Hindu Marriage Act 1955 gives women the privileged to divorce their husbands in cases of cruelty with clear evidence. Victims have to report these cases with immediate effect with clear evidence such as time, specific events and witnesses if they are any. A complaint is filed under 498A of the IPC at any nearest police station. If one does not have a lawyer, they are given one by the state to enlighten them of their rights and all other formalities.
Disclosure and transparency norms of legal protection against cruelty by husband or relatives.
Women who are subjected to cruelty by their husbands and his relatives are protected by Section 498A of the IPC which has criminalized all forms of abuse especially in terms of dowry. In addition, Section 498A of the IPC has brought big changes in the society because women are now safe and they know through judicial pronouncements and guidelines on how to file complaints before FIR registration. Women who are facing cruelty have to bring enough evidence so that they are protected because some women were reporting petty issues thus leading to withdrawal of many registrations. The police are advised to seek approval from their superiors like DCP before registering an FIR under Section 498A of the IPC. Couples are firstly put through counselling and if there is hope for change they are given second chances and if there is none Stridhan and dowry is returned.
Challenges and criticisms of legal protection against cruelty by husband or relatives.
Legal protections against cruelty by a husband or his relatives are being criticized and they are facing many challenges. Many women are filing for legal protection against cruelty by their partners and his relatives for monetary issues, hence innocent victims are being punished due to other peoples’ selfishness. Many women who stay in marginalized communities are facing cruelty by their partners and his relatives every day of their lives because they do not know it is a crime and where to report . The legal status is often being subjected to societal stereotypes thus women choose to keep quiet as a way to submit to their husbands without complaining. The law is shutting out male victims because men are known to be strong hence people cannot be abused.
Impacts of legal protection against cruelty by husband or relatives.
The legal protection against cruelty of women by their spouses and their families is positively impacting women’s rights. Gender equality is being addressed, there is a reduction in domestic violence and harassment. Women are now living in peace and harmony since the society is experiencing less domestic violence cases. The issue of removing dowry was in an attempt to protect women since it makes them vulnerable as they feel like they are in debt with their partners / spouses. Women are facing evidentiary challenges since they have nothing to present to the court to pinpoint as clear evidence of emotional abuse. Some women fear societal judgments hence they choose to suffer in silence. Reporting issues as an anonymous person does not serve or protect victims fully.
Future directions of legal protection against cruelty by husband or relatives.
I suggest that the legal framework should put strict rules to ensure that women feel safe and their self-esteem is boosted. The government must put in place gender-neutral legislation to protect both men and women from abuse because PWDVA is responsible for protecting women only. Officers must be fair and open-minded in handling domestic violence cases because victims are very sensitive hence they choose to die in silence rather than to be judged. Community leaders must educate women on when to report cruelty against their husbands and his relatives and children must be enlightened in schools to report abuses they are witnessing in their homes since their mothers might be afraid. The government must provide couples with counselling centers so that they make peace with one another and if they fail Section 498A will be enacted and investigations are done if a prima facie case exist.
Legal Protection Against Cruelty by Husband or Relatives
Conclusion of legal protection against cruelty by husband or relatives.
In conclusion the government of India introduced the legal protection against cruelty by a husband and his relatives alongside Section 498A of the IPC and those who breach it are imprisoned up to three years and a fine. These laws are slowly ending domestic violence thus ensuring gender equality and empowering women. Women are advised to provide evidence either directly or indirectly such as proof of physical or mental trauma that derived to one attempting to commit suicide.
References:
1.https://indiankanoon.org/doc/538436/
2.https://ssrn.com/abstract=5180793
3.https://www.thelegalyoungster.com/category/daily-news/
4.K.D.Gaur, The poor victim of uses and abuses of criminal law and process in India, Published in Indian Bar .Review by the (BCI) Trust, Vol. XXVII, (July- Dec) (2000)
About the Author
