Last Updated on March 1, 2019 by Legalseva.net
HISTORY
Women have been considered to be the weaker sex ever since the inception, no matter if the queen is a women or a president has been a women yet as per history there has always been a male who has managed to dominate them.
The reason why women have been considered weak is because of low physical strength and also due to their dependency financially. During the early days, men used to go out and hunt and women used to stay back home and cook and do household chores because of the greater physical strength men possessed.
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The above story is the reason how cruelty on women began. Since men went out and got the food home they were considered to be more important part of the society, hence, if they had a bad day and took out their frustration on their wives being abusive, it was considered to be normal by both the society and the women. Further, this chain of abusive behavior continued ever since. This further also led the women to stay in an abusive marriage due to lack of financial stability and for some family pressure too.
However, the laws have changed in the recent times. They have been friendlier for women. In comparison to how the legal system was 10 years back and how it is now, women have been given their equal rights.
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Considering the atmosphere in India where dowry has been a problem for the longest period, there had to be laws relating to dowry death as well.
When talking about cruelty is not just physical but also mental. The legal system has given great importance to grounds of mental cruelty as well.
Now, the women have a choice and awareness too hence, they can opt to leave an abusive partner.
In relation to cruelty, the women have the following laws they can use to end the marriage:
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THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
The government of India in 2006 enforced this article. This act gives a definition of the term ‘domestic violence’.
Women can contact the ‘Protection Officer’ or ‘Service Provider’ or even the police or magistrate when facing any problem.
This law was primarily made for the wives or female live in partners who suffered from violence from their spouses. The law now also extends to any female living with men like sisters, widows or mothers.
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THE HINDU MARRIAGE ACT-1955 SECTION 13 (1)(ia)
Under this section a wife can file for divorce under the grounds of cruelty. If a woman has been suffering any kind of cruelty or harassment from her spouse be it physical or mental she has the right to file for divorce.
While passing this law, the judges of the Supreme Court stated that a couple has to learn each-others small faults, as it is a part of a marriage. The action should be such that any reasonable person would not have been able to tolerate it.
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SECTION 498 A INDIAN PENAL CODE
This law states that any woman, who did any man, who means including her father or brother as well can use this law, subject to cruelty and the man will be punished with imprisonment of three years and will also be held to pay a fine.
GROUNDS OF CRUELTY FOR DIVORCE FOR MEN
There has been an awakening in the legal system with the laws of women however, some women tend to misuse these laws and file a false report sometimes in order to get revenge and sometimes in order to get money.
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Due to the increasing number of false reports, the legal system of our nation understands the law of cruelty as gender neutral.
For instance, in a recent judgment by Justice Anil R Dave he granted divorce to a couple where the woman plainly refused to stay with her in laws even when the terms of the family and the daughter in law was cordial. Such cases show that how men are also vulnerable to mental cruelty.
Moreover, just like a woman is entitled for maintenance and alimony after divorce, men can do the same too. If the male is not meeting his basic needs and had earned lesser the female, he can ask for maintenance.
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In conclusion, the cruelty laws in India have grown a lot in recent times especially due to a great increase in the number of cases. What is commendable is that how our legal system is trying to become gender neutral. Women do not suffer at least from the legal point of view anymore and men can also take a stand when it comes to cruelty.
This post is written by Jagriti Mahajan of Kurukshetra University (KU, 2021) Batch. For more info on subject, please dial 99888-17966.
