Marriage is the foundation of successful relationships and happy families, but sometimes, it may be the source of physical pain and mental agony for women. However, it can be challenging for women to voice their rights against marital injustices. In India, there are numerous laws for women, including the IPC, Protection of Women from Domestic Violence Act, Dowry Prohibition Act, and the Hindu Marriage Act, to protect women from abuse, harassment, violence, and inequality after tying the nuptial knot.
Right to live with dignity
Article 21 of the Indian Constitution guarantees women the right to live with dignity, including the right to report and address harassment in the workplace. Section 354A of the Penal Code criminalizes harassment, while the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides a framework for reporting incidents. After marriage, married women have the right to live with respect, dignity, and decency, similar to their husbands and in-laws.
Right to property
A married woman has the right to live in a marital home, regardless of marital status. The property belongs to the husband or in-laws or is leased, and the right to the marital home cannot be taken away during separation or ongoing domestic violence proceedings. The Supreme Court justified this in the Protection of Women against Domestic Violence Act requirements. The 2005 Amendment of the Hindu Succession Act, 1956, allows equal rights to inherit property, even if the husband hasn’t formed a will.
Right of Streedhan (gifts)
Streedhan is a term used to describe gifts a woman receives during marriage and childbirth, including movable and immovable property, ornaments, presents, and money. It provides financial safeguards for married women after marriage. The Supreme Court has granted women absolute rights over Streedhan, even after divorce. In cases where a mother-in-law holds her daughter-in-law’s Streedhan and dies without a will, the married woman has legal rights to it. Under section 14 of the Hindu Succession Act, a Hindu woman is the absolute owner of Streedhan, and no one can claim any share.
Dowry as a punishable crime
The Dowry Prohibition Act of 1961 penalizes the practice of brides or grooms giving and taking dowry before or after marriage. This act defines dowry as any property or security given or agreed to by one party to another. If someone gives, takes, or abets dowry, they face imprisonment of 5 years and a fine of Rs. 15,000. The Act protects against the social evil of dowry and allows individuals to refuse demands and seek legal recourse if faced with pressure or harassment.
Right against domestic violence
The Protection of Women from Domestic Violence Act of 2005 grants women the right against physical, mental, sexual, and economic abuse by their partners, relatives, or those related by blood or adoption. If a woman is subjected to such abuse, she can seek remedies under the Act. Women can contact the women’s helpline no. If the police refuse to register a case, women can write a letter to the Superintendent of Police, who may investigate or direct their subordinate police officer. If the police deny, women can directly approach the Magistrate with a lawyer and seek relief under Sec. 12 of the DV Act, including protection, custody, and compensation orders. The Indian Penal Code also provides protection for women subjected to domestic violence under Sec 498A, punishing them with imprisonment and fines.
Right to seek divorce and claim child’s custody
Marriage requires consent from both partners, and couples have certain rights. However, moving out of a marriage is allowed if relations worsen. Divorce can be mutually agreed upon or contested if one spouse disagrees. The Indian Divorce Act 1969 allows for divorce on grounds like cruelty, adultery, and desertion. Moreover, women have the right to claim custody of their children, especially if they are below five. They can also take their child with them if they leave the matrimonial household without a legal order.
India has laws safeguarding married women’s rights in criminal offences and family issues, promoting gender equality. However, challenges like lack of awareness and societal norms hinder their implementation. It’s crucial to address these issues and ensure women can exercise their rights without fear of violence.
The author is the Founder of Aalekh Foundation.