And to think that countless women are still being ‘burnt’ alive and tortured for dowry. Yes, despite the Dowry Prohibition Act, 1961, which is supposedly formulated to prohibit the evil practice of giving and taking dowry; despite the fact that a mere demanding of dowry is punishable under this Act, (and any agreement for giving or taking dowry is void under the Act), dowry still persists.
Four decades ago, it was felt that a legislature that makes the practice of dowry punishable will make a difference. Today, though the dowry threat lurks in every house contemplating marriage, the only consolation is, at least, the number has withered over the years. As for eradication, only time will tell.
Dowry as defined by the Act is any valuable security given or agreed to be given by one party to the other party, at/before or at any time after the marriage, in connection with the marriage.
Penalty
Imprisonment of not less than five years and fine which shall not be less than Rs 15,000 or the value of the dowry, whichever is more.
The Court may, for special reasons, which are to be recorded in the judgment, impose a term of imprisonment of less than five years.
If any person offers any share in property or any money or both as share in business or other interest as consideration for the marriage of his son/daughter, through any advertisement, in any newspaper/periodical, journal or other media or prints/publishes/circulates any such advertisements, such person shall be punishable for a term not less than six months but not exceeding five years or with a fine not exceeding Rs 15,000.
Exception
Gifts/presents given at the time of marriage to the bride/bridegroom are not considered to be dowry, provided…
They are given without any demand.
Lists of such gifts - their approximate value, the name of the givers etc. - should be maintained and should contain the signatures of both the parties to the marriage, or thumb impression if the party to the marriage is illiterate. If it’s latter, it should also have the signature of the person who has read out the list to the illiterate party.
Gifts should be of a customary nature and the value of such gifts should not be excessive and should have a regard to the financial status of the giver or the person on whose behalf they are given.
If the dowry has already been given before/at the time of marriage or after the marriage, the person who has received the dowry has to transfer back within three months from the date of marriage (if it was received before the marriage) or within three months from the date of its receipt (if it was received at the time or at any time after the marriage).
In case the woman is a minor, such person shall hold it in trust for the benefit of the woman and transfer it to the woman within one year after she has attained majority.
If the party concerned fails to transfer the property as required within the time limit as specified, he/she shall be punishable with imprisonment for a term of not less than six months, which may extend to two years or with a fine not less than Rs 5,000 (that maybe extended to Rs 10,000).
Prohibition of Dowry
Indian Law: apathetic to Women's Rights?
Over three-quarters of Indian judges have never heard of the Convention on Discrimination against Women despite the Indian Government having ratified it. Shocked?
Apathy or Ignorance?
The first legal initiative to define the human rights of women in terms of women's reality is the Convention on Discrimination against Women. The Indian Government has ratified it. Yet more than 75 per cent of our judges had not heard of it.
Over 90 per cent of them said that they would not want their daughters or female relatives to opt for legal redress in case of domestic violence. Almost 75 percent of them felt that preservation of the family should be a primary concern for the women even if there was violence. 70 percent of our judges thought that wearing 'provocative' clothes was an invitation to a sexual assault.
These shocking findings were thrown up by a report prepared in late 1996 by Sakshi, a NGO working for women's rights. They clearly indicated that the Indian judiciary is still unaware of the issues regarding violence against women.
An emergency situation
Retired judge V.R.Krishna Iyer, who has served on the bench of the Supreme Court, has been quoted as having said that it is an emergency-like situation and judicial powers have to be used to restore the dignity of women.
He has time and again said that it is vital for judges to be sensitive towards issues of human suffering. But many of them are insensitive. Never appoint a person as a judge unless he has the capacity to weep in the face of human suffering, Justice Iyer has proclaimed on numerous public occasions.
More women lawyers?
What is needed is the sensitisation of the judiciary to women's issues. However, this is not enough. There must be more women judges. Lawyer Indira Jaising feels that unless this happens, getting justice for women will remain difficult. Of the 545 high court judges in India, only 10 are women. This might be the reason why women are afraid and nervous in courts.
Not women-friendly
Another report that Sakshi prepared by interviewing women litigants reveals that they feel self-conscious in a predominantly male environment in courts. Most of the women interviewed said that they were humiliated and embarrassed by the number of men staring at them. Such discomfort becomes acute in cases that deal with violence and sexual assault. Even when the defence asks the women offensive questions, the male judges do not see them as inappropriate, despite the objections raised by her or her lawyers. Judges are completely in the dark when it comes to the traumatic experiences of a woman subject to domestic violence or sexual assault.
Moving towards gender sensitivity
Sakshi is involved in gender sensitivity training - getting judges to understand the social context of violence against women and realise the gender inequalities prevalent in our society. It attempts to create in them empathy for victims of domestic violence and sexual assault.
There has been an alarming increase in the number of cases of violence against women. So we do need to examine the alternatives, other than the Indian law courts, that these women can employ to seek justice. But that does not mean that we ignore the failings of our judicial system. Our law courts have been guilty of holding women-victims in cases of violence and assault - in a perpetual state of consent. Unless this changes, justice for women in India will remain a distant dream.
Economic Rights of Women Within Marriage
The economic rights of married women, during the subsistence of marriage and on dissolution of marriage shall be protected by law.
All endowments pledged to a woman at the time of her marriage, whether by parents, parents-in-law or her husband, and gifts given to her shall be her absolute and separate property.
Adequate maintenance, including interim maintenance, shall be provided to the dependent spouse during the subsistence of the marriage.
During the subsistence of the marriage, the wife's access to matrimonial assets must be guaranteed, including her right to reside in the matrimonial home.
Laws against domestic violence shall empower the courts to grant injunction restraining a violent spouse from entering the matrimonial home.
In case of dissolution of a marriage, the courts shall decide all related matters, e.g. divorce/dissolution, maintenance/alimony or dower/financial settlement and provision of shelter simultaneously, except disputes relating to custody of minors. In doing so, separate procedures shall be laid down in order to provide for expeditious disposal of suits.
Assets movable or immovable, accumulated during the subsistence of the marriage shall be distributed equally on the termination of the marriage.
Inheritance laws shall be changed to ensure that the share of the male and female heirs of the same class of kinship shall be equal. Upon the death of the husband, the widow and her children shall inherit, in equal proportion, half of the immovable and movable assets accumulated by the couple during the subsistence of the marriage. The widow shall remain the sole owner of the balance half of such assets till her death.
The children shall inherit in equal proportion, the share of their mother's assets.
The right side of the law
We present below the entire text of the declaration adopted at the workshop on Family Laws in Lahore, on August 4 and 5, 1995.
Courtesy " Justice for women" Edited by Indira Jaising
Declaration of the Workshop on Family Laws and Human Rights of Women, Lahore.
Preamble
Recalling that the constitutions of Bangladesh, India and Pakistan guarantee all citizens equality before the law;
Noting that such equality is denied to women and children in the sphere of Family Laws and which is of crucial significance to them; and
Realising that Family Laws of religious minorities have remained even more stagnant and often bear the risk of being influenced by the norms of the religious majority.
The participants of the two-day Workshop on Family Laws and Human Rights of Women in Bangladesh, India and Pakistan organised by AGHS Legal Aid Cell Lahore, call upon concerned persons, social action groups, political parties, legislators and the governments of these countries to campaign for and initiate reforms in the Family Laws in order to make them just and guarantee equal rights to all women and children.
Marriage, separation and Divorce
Both women and men shall be entitled to a free choice in marriage.
All women and men shall have equal rights in all matters relating to marriage, divorce, guardianship, maintenance and custody of children.
Marriages and divorces shall be properly registered and easy access to records be provided.
Child marriage shall be abolished. The minimum age of marriage for both women and men shall be eighteen years.
All Polygamous marriages shall be banned and made punishable. Such marriages shall be null and void and the injured party be adequately compensated.
Provisions pertaining to restitution of conjugal rights shall be deleted.
A Civil Law shall be enacted to provide for inter-faith marriages and their registration.
Women and men rshall have equal rights under citizenship laws and domiciliary regulations.
Spouses shall be entitled to judicial separation by mutual consent.
Distribution of movable and immovable assets and income upon divorce or dissolution of marriage shall be based on principles of justice and equity.
Matrimonial courts shall be established to deal exclusively with all disputes under Family Laws (including inheritance and return of personal belongings to the spouses). These courts shall have jurisdiction in respect of family matters of all religious communities. Court fee should be minimal.
The matrimonial courts shall have adequate representation of judges from religious minorities and women.
Execution of decrees passed by the matrimonial courts shall be made more effective and efficient.
Laws shall be enacted to allow for transfer of cases from one jurisdiction to another in family matters.
Women and men shall have statutory rights of free access to information about their rights through all avenues, including legal aid, the media and through curriculum in formal and informal educational centres.
Yes. The law is on our side. Most of the time. That should give us the strength to deal with petty problems with more tolerance. A way out is often to let air in and give a feeling of space. Not to just get up and run out at the first sign of trouble.
Human rights of women and girls
"Local Action/Global Change,
Learning About the Human Rights of Women and Girls"
UNIFEM and the Center for Women's Global Leadership have co-published a training manual on women's human rights entitled, "Local Action/Global Change, Learning About the Human Rights of Women and Girls," written by Mallika Dutt, Julie Mertus and Nancy Flowers.
The manual combines development of rights awareness with issue-oriented actions and includes substantive information about the human rights of women in such areas as violence, health, reproduction and sexuality, education, the global economy, the workplace, and family life. Each chapter connects the discussion to the provisions of CEDAW (the Convention on the Elimination of All Forms of Discrimination against Women) and to the Beijing Declaration and Platform for Action and other international agreements.
Local Action/Global Change provides tools for women and men to critically examine the framework of human rights.
Abortion laws in India
Grounds for Medical Termination of Pregnancy or MTP
As a health measure where there is a danger to the life or risk to physical or mental health of a woman.
On humanitarian grounds such as when pregnancy arises from a sex crime like rape or intercourse with a lunatic woman etc.
Eugenic grounds where there is substantial risk that the child, if born, would suffer from deformities and diseases.
Under the Act, a pregnancy may be terminated at a hospital established or maintained by the Government or at a place approved by the Government. A pregnancy may be terminated by a registered medical practitioner where the length of the pregnancy does not exceed twelve weeks.
To terminate a pregnancy, such medical practitioner must be of the opinion, formed in good faith, that the continuance of the pregnancy would involve a risk to the life of the pregnant woman or cause grave injury to her physical or mental health; or that there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped.
If any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy is presumed to constitute a grave injury to the mental health of the pregnant woman.
In all cases of termination of pregnancy, the consent of the pregnant woman has to be taken. However, in case the pregnant woman is below the age of eighteen, or who having reached the age of eighteen - is a lunatic, the written consent of her guardian is necessary.
Know your law, lady!
Female Infanticide Law
Female infanticide is a distressing phenomenon in India.
The Indian Penal Code makes it a criminal offence to prevent a child from being born alive or to cause it to die after birth, if such action is not undertaken to save the life of the mother. Punishment for such action may be imprisonment for up to 10 years and/or fines.
The Indian Penal Code also criminalises child abandonment.
Finally, Section 318 of the Indian Penal Code makes the "concealment of birth by secret disposal of the body," whether such child died before or after birth, a criminal offence.
Such an offence is punishable by up to two years imprisonment and/or fines.
Child Marriage Law
Although personal law, incorporating family law, is governed by a variety of religious laws, secular law deals with the issue of child marriage.
Because early marriage is prevalent in India, the central government, as early as 1929, promulgated the Child Marriage Restraint Act.
The act makes the contracting of a marriage, where the boy is under 21 years of age and/or the girl is under 18 years, punishable by imprisonment or fines.
However, courts have held that the Child Marriage Restraint Act does not render legally invalid marriages that were performed in contravention of the statute.
Domestic Violence Law
Although marriage and divorce are permitted on grounds of cruelty or physical harm, a major domestic violence problem is that of dowry deaths.
Dowry - a custom in which the bride's family provides the groom's family with material goods and possessions - is widely practised by all Indians.
Often, if the dowry is not paid in full, the new bride is burnt to death by her husband and in-laws. Section 304B of the Indian Penal Code, promulgated in 1986, criminalises such "dowry deaths."
Priceless, not worthless
The sun was about to rise. But the view from the kitchen window wasn't on her mind.
Her in-laws were wealthier than her parents, yet they wanted more from her parents. She had a younger sister. If they succumbed to their demands, her parents wouldn't have money for her sister's marriage. The milk boiled. But if her husband divorced her, that too will be a stigma for her parents. Deep in her dilemma, as she hurriedly switched off the stove, her fingers brushed against the hot vessel.
Even before the pain could be vented through a scream, she felt the chill of the splashed kerosene.
Even before she could think another thought, she was set on fire for the dowry she hadn't brought.
Minutes later, the first rays of the sun caressed the face of the twenty year old, charred beyond recognition.
TWENTY THREE YEARS LATER...
Her mother heard the court verdict. Tears rolled down her face when the court delivered the verdict of guilty against her daughter's husband and in-laws. An hour later, after talking to the media and thanking her supporters, she was on the bus to visit the office of the NGO which had helped her.
She had lost her daughter to dowry and her family in her fight against dowry. The solution according to her husband was to try and give more dowry to the other daughter, not to spend money getting justice for the dead daughter. At that juncture, the in-laws had proposed her younger daughter's marriage to their son (with nominal dowry), if she were to withdraw the case. She refused and lost her family.
She had no illusions about the system. It was simply something she had to do. She knew many parents who gave up the fight when they realised the time, expenses, loopholes and the corruption. The chances of conviction was around 1%. But won't we take a 1% chance for a life saving surgery? She couldn't live without fighting. Her fight and the possible conviction could deter many in-laws from harassing for dowry. She was motivated to fight not only at the thought of her daughter but also the lives of other daughters.
When she entered the NGO's office she was greeted with cheer and more well-wishers. For some, justice had been denied, but they continued to believe in the cause. For many the cases were still pending, and they shared hopes. And then work went on as usual.
Few hours later, she came out of the office with another volunteer. A friend of a victim, who lay burnt at the hospital, had telephoned. Since she had a chance of survival, her parents were pressurising her to stay with the in-laws and not give statements to the police.
As she entered the hospital, the sun was about to set. She had won the legal battle, but her war against dowry was far from over. The last rays of that day's sun fell on her sixty five-year-old face - filled with determination - etched with hope, conviction and courage, in her endeavour to make the society realise that without money a woman's life is not worthless but still priceless.
In her own address, they oppress
Dowry's distress, makes her feel helpless,
Sans money she is not worthless,
Her life is precious and priceless
The Rare Rainbow
She treated the rain with disdain, as she walked out from the panchayat office. A far severe storm was brewing in her mind. Her eyes were flashing, matching the summer lightning; and her anger, more explosive than the thunder.
They all called her the "Leader". The different tongues, spoke of course in different tones affection, admiration, respect, ridicule. She was thirty-five years old and only last month had won the panchayat elections. Not because of a reservation policy or a political family. Her victory had been purely the result of her hard work she had done for the villagers, over the years.
The Leader was alone on that rainy road, her umbrella struggling with the winds. The sky lighted, only by streaks of silver lightning, and not, by the golden sun.
Her cheeks burned in spite of the cold wind. In anger. Her face was wet. Not due to this sudden rain but the tears from her pain.
It had started with explicit lunchtime jokes and stories, then pictures and today… Earlier she had tried to laugh along and when she couldn't, had tried to ignore the innuendos. But it had been like fighting fire with oil.
The trees seemed to sway to the tunes of wind and water, as she swayed between the alternatives tossed around by the storm in her mind. Should she resign and go home (like the animals seeking shelter from the storm)? Or continue ignoring (like the sun who had vanished but had not been vanquished)?
When in women's mind stress lurk
Due to sexual harassment at work
Either from her work she'll shirk
Or ignore and put up with the murk
And she thought about the third option, the toughest of them all. To fight them with law (like her umbrella which tried its best to shelter her from that rain)
She was the leader who knows the way, shows the way and goes the way. And so, she decided to fight,
Maybe her battle would be a source of light,
To other women, with similar plight.
It would mean facing two battles legal and social.
Later, she would learn that legally in its decision in Vishaka v State of Rajasthan (1997) the Supreme Court determined that sexual harassment is not confined to instances of rape or assault.
Instead, it can include "such unwelcome sexually determined behaviour (whether directly or by implication) as physical contact and advances; a demand or request for sexual favours; sexually coloured remarks; showing pornography; and any other unwelcome physical, verbal or non-verbal conduct of a sexual nature."
But at that moment, she was not that familiar with those laws, and therefore, was neither apprehensive that they could be inadequate, nor appreciative of their presence. She was anxious only about the social battle. Her family would consider it a stigma, some would ridicule that it could not occur, simply because she was older, while those who had suffered, (probably more than her) would feel she was making much ado about nothing.
Yet she was determined to fight. She wanted to prove that this form of harassment was not just about lust and passions but also about politics and preconceived notions.
From sickening physical assaults to sleazy screensavers, it is prevalent almost everywhere. Ignorance of law, fear of social ridicule, lengthy legal battles, are just some of the reasons, rarely protested against and thus not prevented.
She walked on, to the police station, surmounting the storm in her mind, her face aglow with determination.
Passively, on millions of rainy days
The sun had let the clouds, hide its blaze.
But today, even the sun, was inspired by her glow,
And its rays pierced the dark clouds, its foe.
It saluted her, with a celestial bow
Rewarding the earth, with the rare rainbow…
Death by stoning?
Do countries really have the right to sentence women to death because they had a baby out of wedlock? Most nations would choose to think of it as a personal choice. If the mother is brave enough to face society as an unwed mother, the law rightly feels it has little or no place in this decision. Right?
Evidently not. A Nigerian woman has been sentenced to death by stoning recently. Amina Lawal received her sentence stoically. She had expected it.
But people around the world are shocked by the events in Nigeria. Various organisations around the world have taken up cudgels on behalf of the young lady. It is commonly felt that the punishment is in far excess of the so-called crime. Most countries would not even view an illegitimate baby as a crime.
Should not such a penal code be declared unconstitutional and unlawful?
If adultery is a crime, why was the father of the child allowed to go scot-free? Why are men always considered innocent in such situations? It does take two to make a baby!
Is the judgement in tune with the Nigerian Constitution? More importantly, isn't it against human rights, women's rights?
Don't the international laws have anything against such forms of torture?
Can the Nigerian government really afford to turn a blind eye to such atrocities within the country?
Can the world body afford to turn away and not do anything about such blatant forms of torture?
Doesn't the victim have a right to appeal to a higher judiciary?
Can the death sentence ever be applied to non-violent acts? Can sex, between two consenting adults, ever be a violent crime?
Isn't it time the world body raised its voice in protest and prevent this cruel execution from taking place?
The International Women's Right Action Watch
The International Women's Right Action Watch or The IWRAW was set up in 1985 to monitor discrimination against women in various fields of life.
This convention was adopted by the UNO. Under this agreement, countries endorsing this sanction would agree to do all they could to improve the status of women in their countries. They should also change any laws that hinder the development of women.
The IWRAW also assist contacts and communiqué between activists who share a concern for women's rights. This organisation firmly believes that women's rights are essential for the development of a nation. Countries that do not believe in such rights cannot get ahead as well as those who do endorse this cause. Economic, social and cultural rights should evaluate gender issues.
This organisation has played a vital role in improving the lot of women in quite a few countries around the world.
Down with dowry
India has forums for women popping up everywhere. Yet few of them are able to do anything about dowry.
The law says dowry is a crime. And yet it goes on unabated. And society suffers in silence.
We're paying a price for the silence. We are, in truth, sanctioning this practice by our silence. We need to raise our voices against it - loud and clear. And go gunning after the criminals.
So, why do most of the Indians continue to practise this crime even when it has resulted in divorces or even bride burning? We tend to accept the unacceptable - when in reality we should be shunning it.
Isn't it time we did away with retrograde culture once and for all? After all, it is like a menacing mafia.
Dowry, these days, has yet another form. Besides cash, jewellery and consumer goods, the demand for opulent weddings is now on the increase.
One would think that education and liberal thinking would do away with this ugly practice. "Far from it," say the women's forums. "It's getting worse and spreading its tentacles everywhere."
The only way to counter this menace is to stop giving in to such atrocities. Because, when we do so, we become partners in crime.
The law needs to crack down hard on those who demand dowry. And dowry deaths need to be looked into more intensely by the police.
We Indians need to come together as a country to get rid of such practices. Because it is the 'untouchable' in India.
War against women
Today more than ever, countries and parties to an armed conflict must do their utmost to uphold respect for the safety and dignity of women in wartime. Women themselves must be more closely involved in all the measures taken on their behalf.
Every country bound by the treaties of international humanitarian law has the duty to promote the rules protecting women from any form of violence in war, and, should crimes occur, to bring the perpetrators to justice.
If women have to bear so many of the tragic effects of armed conflict, it is not primarily because of any shortcomings in the rules protecting them, but because these rules are all too often not observed.
The general and specific protection to which women are entitled must become a reality. Constant efforts must be made to promote knowledge of and compliance with the obligations of international humanitarian law, by as wide an audience as possible and using all available means. An environment that maintains world peace and promotes and protects human rights is an important factor for the advancement of women. Violations of the human rights of women in situations of armed conflict are violations of the fundamental principles of international human rights and humanitarian law.
Playing it safe
Although there are laws protecting Indian women from sexual harassment, there are also steps that women can take to avoid these kind of traumatic situations, especially at work.
Avoid solitary contacts with the harasser. Make sure that you meet him in the presence of other people.
Leave office doors open when meeting one-on-one with another person. Maintain 'professional' relationships/boundaries between co-workers, supervisors, and people being supervised.
Minimise or avoid late night or one-on-one purely social engagements with the people you have a professional relationship with; these tend to confuse the personal and professional relationships.
Politely and firmly tell a person when his behaviour makes you feel uncomfortable, or, leave a situation when you feel ill at \ ease.
Say 'No', and say it clearly. Tell the harasser the attention is unwanted and offensive to you.
Check the harasser in front of his colleagues or friends. Nothing like public condemnation to deter people.
These are just some of the ways to avoid the indignity of being harassed. Laws against these have been implemented. Don't keep silent if you are the victim, whether verbal or sexual. You need to be strong and brave.
Personal Law
Know your law
According to our Constitutional scheme, any law enacted by the Parliament or the State legislature can be struck down if it violates the fundamental rights. This can be done not just by the Supreme Court but by any of the High Courts. Thus any law that has been in force at the time of forming of the Constitution of India or which has been enacted after its’ formation, will be void if it is in conflict with the fundamental rights framed by the constitution.
Personal laws and fundamental rights
Personal laws which are contrary to the Fundamental rights of the Constitution shall be declared void. Particularly, those personal laws can be declared void it they are contrary to the Articles 14, 15 and 21 of the Constitution. Article 14 guarantees equality before law and equal protection of laws. Article 15 prescribes that no law can discriminate only on the grounds of sex, caste, etc. Article 21 is the fundamental right of life and personal liberty.
Personal laws discriminating women
Any personal law which tries to discriminate women is therefore by its nature unequal and discriminatory. Not only does it blatantly violates Articles 14 and 15 of the Constitution, but also in an extended manner it violates the right of life and personal liberty under Article 21 of the Constitution of India. Hence such personal laws could be declared void.
Religious laws as personal laws
The principle of personal law is simple and self explanatory. Any law which discriminates women must be automatically struck down by court. Thus, the laws which deny women being natural guardians, Talaq, polygamy, absence of coparcenary rights for women under Hindu undivided family, etc, should all have been declared void as they discriminate against women. But, surprisingly that has not happened.
Attitude of supreme court
Over the years, the Supreme Court seems to have adopted a pick and choose method while dealing with personal laws. In some cases it has held that personal laws are not susceptible to Part III of the constitution dealing with fundamental rights. Hence, it has declared that such personal laws cannot be challenged as the violation of Articles 14, 15 and 21 of the fundamental rights. On the other hand, it has tested many personal laws on the touchstone of the fundamental rights by reading down these laws or interpreting them so as to make them consistent with the fundamental rights. But the bottom line is that there has been no uniformity of decision as to whether personal laws can be challenged by comparing it to fundamental rights.
Hindu minority and guardianship act
The following case of Githa Hariharan v. Reserve Bank of India (1999 2 SCC 228) is one such case where Personal law was tested in the light of the fundamental rights. A three judge Bench of Supreme Court was considering the constitutional validity of S.6 of the Hindu Minority and Guardianship Act. The section was challenged on the basis that it discriminates against women, by declaring the father as the general guardian of a minor and not the mother. The petition was not rejected by the court on the ground that it could not comment on the constitutional validity of the personal law. Instead it read down S.6 so as to bring it in consonance with Articles 14 and 15.
The Court questioned the usage of the word ‘after’ in the section as to whether it means only ‘after the lifetime?’ of man. If so, then the section has to be struck down as unconstitutional as it violates gender equality, which is undoubtedly one of the basic principles of our Constitution. Since the Hindu Minority and Guardianship Act came into force only in 1956, about six years after the Constitution, the Parliament would not have approved the Act if it transgressed the constitutional limits and ignored the fundamental rights. Our constitution prohibits any discrimination on the grounds of sex, and hence the Supreme Court judgment has favored that irrespective of whether the father was unfit or not the mother should also be given equal rights as a natural guardian.
Empowering Women
News of custodial torture and death is rising to alarming proportions. Investigations should be done by the police in such a manner as to make the investigation effective and purposeful. Hence it becomes all the more important for women to know their rights when the inevitable thing happens in their life.
At the time of arrest:
Women have the right
To know the reason behind their arrest.
Not to be handcuffed. Handcuffs can be used only with the order of Magistrate
To choose, and ask for their own lawyer.
To access for free legal counsel, in cases where they cannot afford a lawyer.
To demand that they be produced before the magistrate, within 24 hours of their arrest.
In the POLICE STATION:
The rights of women in the police station are as follows. They have the right to
To demand that they should be placed in a separate lockup for women.
To be treated with human dignity. It is illegal to use any kind of force against women.
To ask a Magistrate for medical examination, in case of being beaten, abused or tortured by the police.
To ask for and be medically examined by a lady doctor only.
During Interrogation:
Women need not be undermined by the interrogation procedure at the Police Station.
Women have every right
To refuse to be taken to the police station or anywhere else for interrogation.
To agree to questioning only at their residence and in the presence of their family members.
Refuse to send children below 15 years of age. Such children cannot be called to police station for interrogation.
When searched on suspicion:
Even when a women is suspected and searched, she is within her right
To demand that she be searched only by another female in a decent manner.
To search the police woman who might search her.
When filing first information report:
At the time of filing of the First Information Report [F.I.R], women have got certain privileges which she could use for her safety. Thus, she can
Demand that her FIR be registered.
Have friends or relatives accompany her at the time of filing of FIR.
Read the FIR, or ask someone else to read it for her before signing it.
Receive a free copy of FIR.
Approach any senior police officers or the Area Magistrate if the police refuse to register her FIR.
Know about bail:
Normally, there are two kinds of offences – (1) Bailable and (2) Non-Bailable. Every woman has the right to know whether she is being arrested for Bailable or Non-Bailable offence.
If it is a Bailable offence, she must be released on bail by the police.
If it is a Non-Bailable offence, she has to go to the court for Bail. Only a Magistrate can release her on bail.
Remember, she is not required to pay any money for getting Bail neither in the police station nor in the court.
Abortion: Is it Right or Wrong?
Abortion: Is it Right or Wrong?
Abortion has stirred up raging political and legal controversies worldwide. In many countries religious and political groups oppose abortion equating it to murder, while women’s rights activists insist that it forms part of a woman’s fundamental rights to have control over her body.
Medical Termination of Pregnancy Act in India
In India, the Medical Termination of Pregnancy [MTP] Act was enacted in the year 1971 making abortion legal under certain conditions. Legally, this act meant that a woman who decides to terminate her pregnancy would not be stopped from doing so, nor would she be forced to risk her life doing so. But what happened in reality gives us an absolute different picture. It became evident that the concern for women’s reproductive health was not a major factor behind the passing of the Act. Rather, it was passed largely under the belief that legalized abortion would help curb the population growth rate. The result is that almost after 30 years since the enactment of the MTP Act, only a small number of abortions have been carried out safely in accordance with the Act’s provisions. According to World Health Organization (WHO) out of the estimated 5.3 million induced abortions carried out in India in 1989, about 4.7 million were unsafe. This makes India the site of unsafe abortions more than any other country in the world.
Is MTP Act a mission aborted?
Even though the abortion has been legalized in India, the Act gives an upper hand to the doctors in taking decisions regarding the procedures than to the women who are actually undergoing it. Moreover, unlike the government doctors, the different criteria for registration have created hurdles for qualified doctors of private sector to conduct legal abortion. Simplifying the registration requirements for private sector that controls 87 per cent of the abortion market would improve the abortion procedures since only 24 per cent of abortions in private sector are certified and legal. Dilatation and Curettage (D&C) seems to be the preferred method for nearly 89 per cent of abortion; even among the user of vacuum aspiration the practice of check curettage is common. Urgent action is needed for a complete shift towards vacuum aspiration, which is not only less painful but could also help save abortion related expenses in health sector.
To make MTP Act a success:
The need of the hour is to make the idea of a safe abortion into reality. For this there is a need to initiate campaign to:
Raise public awareness of women’s right under this Act. Women must be educated about the options available – what are the safe medical procedures and where are they available? Media such as TV, Radio, pamphlets and billboards can be used to spread the awareness among both men and women.
Initiate an efficient distribution of resources between both private and government hospitals. Ensure adequate equipment, supplies and staffs for carrying out the procedure. Minimize the legal paperwork that precedes the actual abortion procedure.
Doctors must be given intensive training regarding the latest and safest methods for conducting abortions.
A legal amendment to change the clause in the MTP Act that only registered practitioners can perform abortions. Rural health workers could be given extensive training to conduct abortion under supervision. This will prevent women in rural areas from being at the mercy of quacks and midwives.
Safe abortion should be accessible, available and affordable to every woman in India irrespective of the place of living and socio-economic condition.
FAQs on Womens Rights – Part I
Law and the Indian Women
1. How does the Indian Constitution view woman?
The Independence brought a chance for breakthrough in women's fight for justice and equality which had hitherto been denied by religion and tradition. The country also opted for a secular law, a common civil code which did not discriminate between men and women. Thus was drafted the Constitution of India, which guarantees every citizen certain Fundamental Rights such as equality before law - prohibition of discrimination on grounds of religion, race, caste, sex or birth of place, equality of opportunity in matters of public employment, freedom of speech and the freedom of religion which according to Article 25.1 states that 'Subject to public order, morality and health and to other provisions of this Part, all persons are equally entitled to freedom of consciences and the right freely to profess, practice and propagate religion'
The law works fine for a man, but because of this Article women do not have equal rights to property, equal rights within the family, or they do not have the right to decide where they must reside after marriage. Not only are some women even deprived of the right to maintenance or to divorce or to adopt a child, they don’t even get the custody of their children.
2. What are the Acts for the women of other religions?
Muslims are governed by their personal laws under which "Nikah" (i.e. marriage) is a contract and may be permanent or temporary and permits a man 4 wives if he treats all of them equally. According to the Muslim Law, the presence of a Qazi (priest) is not necessary for a valid marriage. Even a proposal made merely in the presence and hearing of two sane males or one sane male or two sane female adults who are all Muslims, and its acceptance at the same time would constitute a valid Nikah under the Muslim Personal Law. A husband can divorce his wife without any reasons merely by pronouncing the word "Talak" thrice. However for a Muslim woman to obtain divorce certain conditions are necessary.
For Parsees there is a Parsee Marriage & Divorce Act, 1939 which governs the provisions of their marriage and law. The Indian Christians have their Indian Christian Marriage Act 1889. Irrespective of their religion, people who get married under the Special Marriage Act, 1954 are governed by the said act.
3. Who are the people who come under the Hindu Marriage Act?
The Hindu Marriage Act covering entire India except the State of Jammu and Kashmir has reformed the Hindu law of marriage. The Hindu Marriage Act applies to (1) Any person who is Hindu, Buddhist, Jain or Sikh by religion. (2) Any person who is born to Hindu parents. (3) Any person who is not a Muslim, Christian, Parsi or Jew, and who is not governed by any other law.
FAQs on Womens Rights – Part II
Rights of the hindu woman in marriage
1. Is there an equal right of inheritance for the Hindu woman?
Yes, the Andhra Pradesh Hindu Succession Amendment Act 1986, confess equal rights of inheritance to Hindu women along with men thus achieving the constitutional mandate of equality. Such landmark acts would eradicate the ills brought about by the dowry system while simultaneously ameliorating the condition of women in Hindu society.
2. What is the position of a woman who has been married off before she turned 18?
A woman whose marriage has been performed when she was under 15 years of age can reject the marriage, or "repudiate" it and get a divorce on that ground alone. Although she can only take the step after turning 15, it must be done before turning 18. However, by doing so she might lose the right to maintenance or alimony which a divorced woman can legally claim.
3. If a woman has been forced into marriage, is such a marriage void or can it be declared void. What if she had been cheated into that marriage?
Such marriages are voidable. If the complaining party had been made to consent forcibly or by fraud, by not relating the nature of the ceremony performed or to any significant fact or circumstance concerning the opposing party, the marriage can be voided. In that case, a petition for annulment must be presented within one year after the force ceased to operate or the fraud has been discovered. Most important of all, the petitioner or complaining party should not have lived willingly with the other after the end of the force or after discovering the fraud.
4. What can a woman do when her husband marries someone else while still married to her?
Marrying again during the lifetime of one's wife or husband is known as bigamy. It is a criminal offence, punishable with imprisonment and fine. A bigamous marriage is void, a complete nullity. If a woman has prima facie evidence that she is lawfully married to a man who is about to or has remarried, she can register a criminal complaint and the police are expected to stop him from getting married. If a wife learns that her husband is going to marry again she can get an injunction from the court forbidding the marriage before it occurs. After it has taken place, a wife can ask the court for a "declaration" that the second or bigamous marriage is null and void. Proving bigamy, however, is not easy. It is up to the complainant wife has to prove that both the marriages, her own as well as the second bigamous one have been performed properly according to the appropriate ceremonies. Many a time the prosecutions for bigamy fail because the complainant does not have the proof of the bigamous marriage. The accused husband can usually successfully claim against all efforts to prove the contrary that essential parts of the ceremony were never carried out and escape punishment.
5. If a Hindu woman wishes to marry a non-Hindu, under what law can the marriage be conducted?
If a Hindu woman wishes to marry a non-Hindu, and if the couple wishes to have a religious marriage governed by Hindu law, then the non-Hindu partner must convert to Hinduism. If the non-Hindu partner happens to be a Christian then it is possible for the couple to marry according to Christian rites under the Indian Christian Marriage Act, 1872. But, then the marriage shall be governed by the Christian Personal Law. The third option and in some ways the simplest one, is to have a civil marriage under the Special Marriage Act which facilitates marriages between any two people, including members of any two religious communities. It does not involve conversion and also permits people to avoid various complications that arise from marriages under various religion-based personal laws.
Laws Relating to Hindu Marriages
It is said that Swetaketu, the son of sage Uddala, was the first to suggest the idea of a man and a woman living together in wedlock. Earlier a man was allowed to live with many wives, and women could also have many husbands. The main sources of Hindu law are the srutis (vedas) and the smrutis. The rules were embodied in the smrutis. The smruti of Yajnavalkya gave a list of names of the law- givers of yore such as, Manu, Brihaspati, Vasista etc. They propounded the Dharmasastras - which are the basis of Hindu marriage laws. Hindu marriage was treated as a sacred institution since it laid emphasis on the performance of customary rites and ceremonies such as the 'Saptapadi' (seven steps). Prior to the Marriage Act of 1955, the conduct of the marriages and the validity of a marriage was governed by various customs and traditions pertaining to a particular caste, family or a place to where the bride and the groom belonged. In certain places in India among the Hindus it was also treated as a contract. As ideas and values changed, society took more serious views on laws and regulations. After independence, law- givers gave serious thought to the various laws in our society. Hindu law at present is governed by statute. The Hindu Marriage Act of 1955 codified the Hindu law relating to marriage. This applies to any person who is a Hindu by religion and anyone who is Buddhist, Jain, Sikh, Lingayat, Arya Samaji, Brahma Samaji - generally to any person who is not a Christian, Muslim, Parsi or a Jew. A marriage between two Hindus can be solemnized two Hindus provided:(a) Neither party has a spouse living at the time of marriage.(b) The Bridegroom should have completed the age of twenty-one and the Bride the age of eighteen at the time of marriage.(c) Neither party should be within the degrees prohibited relationship.e.g., Brother's children etc.(d) Exceptions to this have been in Tamil Nadu and same other states where custom and tradition allows marriage between Father's sister's children (children of brother and sister). Marriage can be solemnised with customary rites and ceremonies according to the wishes of either party, where there is a custom of 'Saptapadi' - taking seven steps before the fire in front of priest, this concludes the wedding. Earlier 'Swaya Mariyadai marriages' in Tamil Nadu did not come under the Marriage Act. Later a bill was passed in the state and it is now considered legal, provided it is conducted before relatives, friends, or some eminent personalities. Exchange of garlands or rings or tying of the "mangalsutra" is also necessary. For the purpose of proof of Hindu marriages, government has made the registration of the marriage mandatory.
Christian Marriage Act
Marriages among Indian Christians:
This is solemnised in the churches or in the presence of a priest. The common feature is the exchange of rings and the declaration by the couple that they consent to the marriage. Christian marriages are also registered before the Registrar of marriages.
The Indian Christian Marriage Act, 1872, was passed to reduce into a smaller compass the two English Acts of Parliament and the three Acts of the Indian Legislature. This Act applies to the solemnisation of marriages in India of persons professing the Christian religion.
Indian Christians include the descendants of the natives of India converted to Christianity as well as converts. The Act comprehensively sets forth the persons by whom marriages may be solemnised, the procedure relating to registration of marriages, issue of certificates, time and place of marriage, etc.
Muslim Marriages
Muslim Marriage: (Nikkah)
All Muslims are governed by Islamic law for marriages and divorce Nikkah is a contract between a man and a woman. Essentials of a Muslim marriage are:
(a) The person must have attained puberty before marriage.
(b) There must be a proposal and acceptance in the presence of two witnesses and the proposal and acceptance should be in same meeting. If the contract takes place before these witnesses that should suffice. There need be no written contract. There is no need for religious ceremonies and injunctions. The nikkah can be held before a Kazi (Muslim priest).
(c) Marriage should not be between close relations.
(d) A Muslim man can marry and take four wives while the woman cannot have more than one husband at the same time.
Shia Muslim law has two types of marriages - one is Nikkah and the other is known as Muta marriage. This marriage is for a specific period (short or long) and at the expiry of that period the marriage stands dissolved. All wives were legally wed wives in Muslim law.
Goan Civil Code
Did you know that the state of Goa has one of those legal rarities- the pre-nuptial agreement?
The Goan civil code
Goa has had a uniform civil code for the last 500 years.
Though written in Portuguese, it has been translated into English. The Goan government has realised that these old laws may need to be changed or altered to some extent. Especially the laws concerning property distribution during marriage and divorce.
Marriage
The uniform civil code insists that all couples must register their intent to marry as well as the marriage itself. The code supersedes religious rules. If a marriage is not registered, the court does not recognize it.
Pre- Nuptial Agreement
In a pre- nuptial agreement, the couple should choose any of the three available systems which deal with property distribution. This contract cannot be changed after the marriage has taken place.
Property
If no contract has been signed, it is custom of the country that governs by default. It is assumed that the couple married under communion of property.
Properties that belong separately to each of the spouses need to be registered. Otherwise it will be assumed to be community property. All property acquired during the marriage is considered joint property - to be equally divided in case of divorce.
Couples who choose to marry under separate property regime must necessarily reject the communion of property. Each of the property acquired even after marriage can only be registered in the name of one of the spouses. There is no dual ownership.
The third system is dotal regime, which has couples specifying the property included in the endowment.
Though these contracts have a lot of flexibility, they must be drawn up before the marriage. Not a single clause can be changed after the wedding.
These family laws in Goa aim to protect both the parties. But like any other law, ignorance of these laws render them less effective. Women should be made aware of these laws and their rights to prefer separate property regimes.
Divorce Laws
The divorce laws in Goa aim to be fair to both parties. Both the families have three of their members to represent them. They play a significant role in granting a separation and maintenance to be allotted to the needy spouse.
If the divorce is not mutually sought but contested, the children's custody usually goes to the person who wants to keep the marriage intact and avoid divorce.
These laws apply equally to every one in Goa. Personal law plays no role here. Goan laws are an example of how uniform civil codes treat every member of the society impartially.
Strengthening you, lawfully
Get ready for some major changes in the law that could have major repercussions on you as a woman.
Earlier this year, the Government decided to enact new legislation to bring Indian law into consonance with modern times. Many of these laws have been envisaged with a view to ensuring greater protection of women and a more equitable judicial system.
Among the proposed changes in law are:
Amendments in The Criminal Procedure Act, 1973, in the Chapter IX Section 125 (1) and 127(1) of the Code of Criminal Procedure, 1973.
No ceiling on maintenance allowance
The ceiling on maintenance allowance given to wives, children and parents in case of separation, will be removed.
Under the existing provision, if any person having sufficient means, neglects or refuses to maintain his wife, children or parent unable to maintain herself/himself, a Magistrate of the first class may order such person to pay maintenance allowance subject to certain conditions.
Speedy Delivery of Justice
An amendment herein would also ensure speedy delivery of justice since it states that the application for interim maintenance and expenses for proceedings should be disposed of within 60 days from the date of service of notice.
How it would affect you
These two amendments would provide relief to wives/children/parents in a time-bound manner and do away with the ceiling of Rs. 500. This paltry sum was determined a long time ago before these amendments took place.
Amendment in the four Personal Marriage Acts
The four personal Acts, which are also to be amended, are The Indian Divorce Act, 1869, The Special Marriage Act, 1954, The Hindu Marriage Act, 1955 and The Parsi Marriage and Divorce Act, 1936.
No amendment is being made in the Muslim personal law as the issue was settled in the famous Shahbano case in 1986.
These amendments are aimed at ensuring that the proposed amendments to the Code of Criminal Procedure Act are in tune with the amended marriage laws.
The payment of maintenance to wives, children and parents is primarily a matter to be decided in accordance with the personal laws applicable to the parties but the provision has been inserted in the criminal law in order to avoid vagrancy and destitution.
Already, the Indian Divorce (Amendment) Bill, 2000, for removing the gender bias in Section 10 of the 1869 Act along with certain other substantive and consequential amendments has been passed.
A small step by the Government, but a huge leap for the law of the land!
The safe option…a court marriage
Procedures and requirements
A minimum notice period of 30 days is required prior to solemnising the wedding.
Neither party needs to hire a lawyer.
Each party should produce 3 witnesses at the office of the marriage registrar on the date of solemnising (the bride and groom can both produce the same witnesses)
The following documents need to be produced at the office of the registrar: a) Proof of age b) Proof of residence c) 2 passport size photographs (It is advisable to carry originals)
The marriage certificate is typically issued within a week of solemnising the wedding.
Conditions relating to solemnisation of special marriage : -
Neither party has a spouse living;
Neither party is incapable of giving a valid consent owing to unsoundness of mind, or though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or has been subject to recurrent attacks of insanity or epilepsy.
The male has completed the age of twenty-one years and the female the age of eighteen years.
The parties are not within the degree of prohibited relationship.
Before the marriage is solemnised, the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the Form and the declaration shall be countersigned by the Marriage Officer.
Advantages of registering a marriage under the Special Marriage Act :
The marriage registered under this Act is easier to prove. The mere certificate is proof of marriage. The certificate is accepted by all government and semi government authorities including passport and emigration authorities. Mutual consent divorce can be obtained.
The Hindu Marriage
Marriage is more than four bare legs in a bed. - Hoshang N. Akhtar
What is a proper or valid Hindu Marriage
The term "Hindu" in post-independence Hindu law governing marriage, divorce, adoption, maintenance, guardianship and succession, describes not only persons who are Hindu by religion, but also those who are Sikh, Buddhist, and Jain. Roughly speaking, the term "Hindu" encompasses those Indians who are not Christian, Parsi, Muslim, or Jewish for the purposes of the law. According to the law, it is a valid Hindu marriage, if the ceremony includes the satpadi, the ritual of circling the sacred fire seven times, the ceremony becomes complete and the marriage binding when the seventh round is completed.
Context of marriage in Hinduism
In Hinduism, marriage is not a custom or contract of partnership just between two individuals as in the Western culture. There is a belief among the Hindus that the marriage relationship extends beyond one life. Two souls come together and get married because their Karmas are intertwined and they have to resolve many things together on earth in order to ensure their mutual salvation. More than that, it is a union of two families with each and every member of the extended family on both sides related to the boy and girl is responsible for their action and their future lives. The extended family referred here consists of paternal grandparents, sons, daughters-in-law, unmarried daughters and future generations on both sides.
Purpose of marriage in Hinduism
The purposes of marriage in Hinduism are as follows (1) First and foremost is the purpose of merging of the girl into the husband’s family, which may include grandparents, great-grandparents, unmarried sisters, brothers, uncles and aunts. (2) Procreation and (3) to perform the duty, jointly as husband and wife, as the educators of the future generation. They share this responsibility with the grand parents, uncles, aunts and other relatives living in the same house.
Rights accorded to woman in marriage
The Hindu Marriage tradition recognizes the importance of a woman in the family. She is expected to share the responsibilities of the household like a goddess (Grihalakshmi) and enjoy the love and care of her husband and children. She is given equal importance in all rituals and celebrations in the family and is considered to be the equal half of her spouse.
Duties of Woman in marriage
The first and foremost duty of the woman is to serve the people of her husband’s extended family. Her next responsibility is to the children and future generations. In other words, she is responsible for the proper care, nurturing, respect, affection, education and continuity of cultural heritage of the family for the future generations. She has the responsibility to bear and nurture children according to the wishes and expectations of the entire family.
Maintenance under Hindu Law
Maintenance is a right to get necessities, which are reasonable from another. It has been held in various cases that maintenance includes food, clothes and residence, but also the things necessary for the comfort and status in which the person entitled is reasonably expected to live. Right to maintenance is not a transferable right. However, the right of a married woman to reside separately and claim maintenance, even if she is not seeking divorce or any other major matrimonial relief has been recognized in Hindu law alone. A Hindu wife is entitled to reside separately from her husband without forfeiting her right of maintenance under the Hindu Adoptions and Maintenance Act, 1956.
THE ISLAMIC MARRIAGE
WHAT IS A PROPER OR VALID ISLAMIC MARRIAGE
Nikah (Marriage) is a civil contract and no religious ceremony is necessary to bring about this relationship. The marriage is covered by the Muslim Law, which confers the contractual capacity on attainment of puberty. It is presumed that on completion of fifteen years of age, a person attains puberty. If a person is of sound mind and has attained puberty his/her marriage cannot be performed without his/her consent. The contractual character of the Muslim marriage is also emphasized by the presence of Dower or Meher as the essential incident of a marriage. Thus, the contractual agreement and the dower thereof make a marriage.
CONTEXT OF MARRIAGE IN ISLAM
Islamic marriage is a contract, not a sacrament. Marriage is a civil agreement entered by two individuals or those acting on their behalf, as the religiously sanctioned way for individuals to have legitimate sexual relationships and to procreate. Mixed marriage is encouraged and is a means to prevent racism creeping in society.
PURPOSE OF MARRIAGE IN ISLAM
As elaborated by various schools of legal thought, Islamic Jurisprudence considers the main purpose of marriage contract to make sexual intercourse lawful (halal) between a husband and wife and to legitimize any resulting offspring. Further rights and duties are also established by the marriage contract for each spouse. Apart from the basic requirement of mutual good treatment there are also other rights and duties differentiated by gender. They are also interdependent in the sense that the failure of one spouse to perform a specific duty may jeopardize his or her claim to a particular right.
RIGHTS ACCORDED TO WOMAN IN MARRIAGE
The primary right of the woman is the dower or meher, which is given by the husband to his wife. It may range from a token sum to a substantial wealth that is legally hers and she may save, spend or invest it according to her will. In addition she has the right to lodging, clothing and can even have the support of at least one servant to perform domestic chores and wait on her. In case there is more than one wife, she has the right to an equal share of her husband’s time. The Muslim woman has equal rights as the Muslim man has. A Muslim widow is encouraged to remarry and her remarriage is the responsibility of the Muslim society. A Muslim mother is given the highest form of respect.
DUTY OF WOMAN IN MARRIAGE
Since the primary purpose of marriage contract is lawful intercourse, the woman is always expected to be available for sexual intimacy. A wife who refuses her husband’s advances or leaves the marital home without permission, or with his permission but of her own will, loses her right to support.
MAINTENANCE UNDER MUSLIM LAW
The "Women (Protection Of- Rights On Divorce) Act, 1986" spells out objective of the Act as "the protection of the rights of Muslim women who have been divorced by, or have obtained divorce from, their husbands. The Act lays down under various sections distinctively the criterion for women to be granted maintenance. Section (a) of the said Act says that divorced woman is entitled to have a reasonable and fair provision and maintenance from her former husband, and the husband must do so within the period of iddat and his obligation is not confined to the period of iddat.
All obligations of maintenance however end with her remarriage and no claims for maintenance can be entertained afterwards. The Act thus secures to a divorced Muslim woman sufficient means of livelihood so that she is not thrown on the street without a roof over her head and without any means of sustaining herself. Protection to Divorced Women Sub-section (1) of Section 3 lays down that a divorced Muslim woman is entitled to: (a) a reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband; (b) where she herself maintains the children born to her before or after the divorce.
Consumer protection act of 1986
The above Act is a special piece of legislation for the better protection of the interests of consumers. Both judicial and non-judicial members have joined as members of the District, State and National Commission to provide extensive support to the consumers. The Act has been enacted to give effective and speedy relief to the affected or aggrieved consumers with nil or negligible expense. The Forum created under the Act of 1986 does not require any Court-fee or does not follow the formal procedures of Court, Civil or Criminal. The Act also does not require the consumer to file complaint in person. Any recognized consumers’ association can espouse on his behalf. In case there are a large number of consumers who have similar complaint, one or more can file a complaint on behalf of all. If required even the Central Government or State Government can act on his/their behalf. You don’t require a lawyer to argue your case in the consumer court. You could argue your case if you wish to do so. Yet it is advisable to have an experienced legal counsel for support.
Definition of Consumer:
According to the Consumer Protection Act, any person who buys goods or hires a service for personal use can be termed as a "consumer".
It would not, however, include goods bought for commercial purposes or resale.
If the consumer is an entrepreneur or self employed and the goods used, are for the purpose of self-employment, (i.e. personally by the consumer) then he/she could be termed a consumer.
The term "consumer" also includes any person who uses goods with the consent of the person who buys goods. A person who hires services or a beneficiary of such hired services would also be termed as a consumer of such service.
Rights of the Consumer:
The following are the rights of the consumer.
Right to Safety - from harm being caused by defective goods and services.
Right to be Informed - about the goods being purchased and services availed.
Right to Choose - from a variety of goods and services.
Right to be Heard – about defective goods purchased or service rendered.
Right to seek Redressal – from quasi judicial or competent judicial authorities.
Right to Consumer Education – so that the consumer can exercise his rights freely.
How to Complain:
You must keep in mind the following issues before filing a complaint.
Make sure that the complaint is a valid complaint.
The initial complaint should be made in a polite manner and directly to the person who directly dealt with the consumer. If properly handled sometimes it might elicit cooperation.
You must preserve cash memos and warranty card.
In case, you make a complaint after a certain period, then with the above documents you must first approach the retailer. The retailer might give you an explanation.
If that proves to be futile, then you could write to the manufacturer, quoting the Bill No., Date of cash Memo, Number and Date of Warranty etc.
You must retain all the originals of the above documents. It is also important to keep the copies of all the letters.
If the case is regarding suspected food and drug adulteration, then you could write to the State Health Authority. In that case, samples of the suspected food and drugs must be retained as evidence.
If the complaint is about products with ISI/AGMARK certification performing poorly, then you could write to the respective agency. ISI certification guarantees replacement.
If there is no response from the concerned people or organization, then you could write to any Consumer society you know about. You could also write to the Consumer Guidance Society of India, Block ‘j’ Mahapalika Marg, Mumbai 400 001.
In spite of everything, if you are unable to get the complaint redressed then you may complain to the District Consumer Disputes Redressal Forum, only if the compensation claim is below Rs.5 lakhs
You must complain to the State Consumer Disputes Redressal Commission if the claim is between Rs.5 lakhs and Rs.20 lakhs.
For claims exceeding Rs.20 lakhs, you must refer the complaints to the National Consumer Disputes Redressal Commission at New Delhi.
It is important that you do not get disheartened and give up fighting regarding a valid complaint.
Structure of complaint:
You should check for the following details in your complaint.
The complaint must have been made within the limitation of two years from the date of cause of action.
Name and address of the complainant (your name) in full.
Time, place and cause of the complaint.
Particulars in detail, along with supporting documents as exhibits. If the opposite company is in your state, then the complaint could be made in regional language.
If the opposite company is in different state then it is better to make the complaint in English.
Post the complaint in a stamped envelope. It is preferable to avoid postcards.
Three copies of the complaint together with all the annexures for the Forum, and extra sets for each of the opponents should be filed.
Last, but not least, the relief claimed by you in clear words: Whether you want replacement/removal of defect or return of price, compensation for expenses incurred as well as physical/mental torture, if any. Remember the claim amount should be within reasonable limits and justifiable.
Relief available to consumer:
The Redressal Forums may give order for one or more of the following relief, depending on the facts and circumstances.
It may order for the removal of defects from the goods,
It may ask for the replacement of the goods;
The court may ask the opposition party for refund of the price paid;
You may be awarded compensation for the loss or injury suffered;
The court may order for removal of defects or deficiencies in the services;
The court might order for the discontinuance of unfair trade practices or direct the opposition party not to repeat it.
It may call for the withdrawal of the hazardous goods from being offered to sale or award the adequate cost that you deserve.