On Mon, Jun 1, 2009 at 7:34 PM, . <[email protected]> If a married women finds it easier to get > police action under the dowry act than if she were to file a case of > domestic violence/sexual assault against the husband, isnt it a > lacunae in the law? How can we create a social system that is more > sensitized to women? >
I guess I wasn't clear in my last post. Section 498A of the Indian Penal Code sets out the offence of "Husband or relative of husband of a woman subjecting her to cruelty". Any act committed by the husband or his relatives that has the capacity to drive the woman to commit suicide (irrespective of whether or not she even attempted suicide) or has the capacity to cause grave injury or danger to life, limb or health or in relation to any demand for property is punishable for 3 years. And you don;t get any anticipatory bail. You get arrested and after that if a case is not prima facie made out or if the woman relents you will not get bail. I;ve known families that have languished in jail for several months and at times a year or two. This section will cover all forms of domestic violence since any form of sustained domstesic violence could be construed to be an activity that could drive a woman to commit suicide. I am not aware of laws that cover sexual assault of a wife by a husband. What is significant in this regard is that marital rape is not an offence in India. No such thing. Given that in a marriage sexual assault takes the form of rape, it is a massive lacunae. On the other hand genital mutilation would be covered under Section 498A. On the whole, this is not a field for law to cover. I've always felt that customary behavior in society can be enacted into law very easily, but rarely have I come across an example where the law was the driver in causing cultural change. You have to have social and political forces in play that cause a change in mindset, with the law serving merely as a deterrent. Yes, if the law is drafted badly then it may not be a sufficient deterrent, but these are things that can be remedied swiftly. Regards, Nikhil
