Posts Tagged woman cruelty

Plight of a woman in the NRI Marriages

For decades, this has been a common practice; it is a part of Indian thinking. Parents in India marry their beloved son or daughter to NRIs visiting from Western counties, with the hope and wish that he or she will settle abroad, and perhaps more importantly, help them migrate as well. While India is enjoying the financial boom, the common man still looks up to the other countries as the ultimate salvation for their offspring.

Yes, arranged marriage is still very common in India, and especially when it comes to marrying abroad. With very little knowledge about a ‘funny dressed’ visitor from the west, people are willing to bond their son or daughter overnight, before someone else steals their opportunity – the opportunity of a golden ticket to go abroad.

Marriage is supposed to be a sacred bond, based on mutual love and respect. However, NRI marriages are fundamentally based on greed. It is the greed that results into lifelong headaches for many couples, if not heartaches.

Everyone knows that the arranged marriage is no walk in the park, especially the arranged marriages where a couple knows very little about each-other. What follows in a typical NRI marriage is surprises, compromises and then more compromises. There are lucky couples who can adapt quicker and understand each other mush faster. And then again, there are probably more couples who find it hard to adjust, where ego comes into play more than love. What follows thereafter is a life-long misery, constant conflicts and endless arguments on daily basis.

Indian society, even modern Indian society, looks down on divorce. Many families don’t even consider the option of separation. And once you have kids in the mix, it is even more difficult to separate, both sides sacrificing for the sake of the kids.

The situation is especially difficult for the women who marry a man abroad. The women are more eager to adapt, more willing to sacrifice. Very often, the women go beyond the call of duty to satisfy their spouses in the new land. They often have very few relatives abroad to fall back on, they lack the family support, the support of their own blood. Women are less confrontational by nature to start with, and it works against them. Read the rest of this entry »

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IPC 498A – Harassment or cruelty to a woman

Indian Law against harassment or cruelty to a woman, and dowry abuse

“Section 498A I.P.C. was introduced with the avowed object to combat the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives. Nevertheless, the provision should not be used as a device to achieve oblique motives.” ~ Justice DK Jain of Supreme Court of India

Many people from India, especially those living abroad, don’t know much about Section 498A of the IPC (Indian Penal Code), nor do they know what to do when a 498A case is registered against someone.
Section 498a of the IPC is a criminal law in which the wife and her family can charge any or all of the husband’s family of physical or mental cruelty. While there is a lot of debate about the use and misuse of this law, the scope of this article is to outline the law.
Here is the famous or infamous – depending on your experiences and views – IPC 498a wording:

Indian Penal Code – Section 498A, IPC
Introduced in the Penal Code by Criminal Law (Second Amendment) Act of 1983
(Act No. 46 of 1983)
498A. HUSBAND OR RELATIVE OF HUSBAND OF A WOMAN SUBJECTING HER TO CRUELTY:
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.
Explanation: For the purposes of this section, “cruelty” means
(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman;
or
(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

The section 498A mainly deals with cruelty such as:

  • A conduct that could drive a woman to suicide,
  • A conduct that could cause grave injury to the life, limb or health of the woman,
  • Harassment with the purpose of forcing the woman or her family to give some property,
  • Harassment in case the woman or her relatives are either unable to meet the demand for money or property.

Section 498A of the Indian Penal Code, is a criminal offence. It is a cognizable, non-bailable, and non-compoundable offence. Read the rest of this entry »

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