Apart from various challenges and crisis india is facing, one chilling and social blot which our country is still facing is the various type of brutality and violence faced by women. Women are subject to exploitation as they start growing perhaps this is the patriachial mentality which dominate through the society. They are exploited not only in society but in every walks of life. In this article I tries to figure out the various type of violence faced by women and discuss the various remedies available to them in order to proceed further and gain the same respect as earlier.
Violence in the domestic front is a cowardly sin enacted by any human being universally, evidence proves that women and girls are grilled and excruinciated in their own homes and also outside irrespective of their age, class caste, race, status, religion and nationality. Whether it is dowry death , domestic violence , rape or any other form of violence makes a country and its administration hollow and all the economic development and infrastural projects seems redundant. This article primarily take post marriage violence into consideration.
Cruelty by husband or relatives of husband which was inserted in the year 1983 under section 498A with an object to protect the married women from being subjected to cruelty by husband or relatives.
Section 498 says “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine”[1].
The section further defines cruelty as any willful conduct which expel the women to commit suicide or causes grave injury or which causes danger to life, limb or health of the women.furthur under second clause it states that harassment of women with a view to fulfill his unlawfull demand for any property or valuable security is subject to commit cruelty.
Whoever whether husband or relative of husband commit such offence is subject to imprisonment for three years and fine.
Another type of violence that is terrifying is dowry death which is defined under SECTION 304B of IPC states that if a woman dies within seven years of marriage by any burns or bodily injury or it was revealed that before her marriage she was exposed to cruelty or harassment by her husband or any other relative of the husband in connection to demand dowry then the death of the woman will be considered as a dowry death. Punishment for dowry death is a minimum sentence of imprisonment for seven years or a maximum sentence of imprisonment for life[2]. Moving further it is a cognizable and non bailable offence where police can arrest the offender without arrest warrant.
Anyone having knowledge of some of the legal provision and remedies that they can seek can protect themselves from being exploited and put on to bars the offender who to fulfill their own greed put the lives of others at a greater risk that ultimately pays off by them only.
[1] Husband or relative of husband of a woman subjecting her to cruelty | Indian Penal Code, 1860 | Bare Acts | Law Library | AdvocateKhoj,).
[2] Subodh Asthana, Dowry Death under Section 304b of IPC & 113b of Evidence Act, iPleaders (2020), https://blog.ipleaders.in/dowry-death/ (last visited Jun 1, 2021).
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