This Article is written by Priya Singh Rathore (currently pursuing an LL.B from BVP)
“My idea of a woman is a combination of sacrifice, care and purity at one place.”
– Premchand
Marriage is a union of two people which is culturally and socially sanctioned, the union of two people and families. The responsibility of both the families respect and honour is on her shoulder i.e., women. We treated women as goddess Laxmi, Durga etc. She is considered a symbol of sacrifice, motherhood, softness and silence. If women were not fit in the symbolic image, then that woman is not considered as a woman with dignity. As per the data of the National Commission for women, there were 23722 complaints registered against offences relating to women. Out of 23,722 complaints, 141 are of bigamy/polygamy,330 is of dowry death and 3782 of harassment of married women dowry harassment.
Offences relating to marriage is in Chapter 2nd of IPC and chapter 22Aonly for section (498 A) added by Criminal Law 2nd amendment act 1983.
- Mock or invalid Marriage (493 and 496)
- Bigamy (494 and 495)
- Adultery (497)
- Criminal elopement (498)
- Cruelty by husband or relatives of husband(498A)
Table of Contents
Mock or invalid Marriage Section (493)-cohabitation caused by man deceitfully inducing a belief of lawful marriage
Cohabitation is caused by a man deceitfully inducing a belief of lawful marriage. In this, a man deceitfully causes women to believe that they are lawfully married to him. And then to have cohabitation or have sexual intercourse with him in that belief.
Punishment-Imprisonment of either description for a term which may extend to 10yeras and shall also be liable to fine. The offence is cognizable and non-bailable.
Section (496 )-Marriage ceremony was fraudulently gone through without lawful marriage
The marriage ceremony was fraudulently gone through without lawful marriage. Any person who dishonestly or with fraudulent intention undergoes the ceremony of being married knowing he is not legally married.
Punishment- Imprisonment for a term which may extend to 7years and shall also be liable for fine and offence is non-cognizable and bailable.
Under sections 493 and 496man cheated women by making her believe they are lawfully married but the man is not fully aware that it is not true.
Bigamy ( 495)
Marriage again during the lifetime of a husband or wife is bigamy. Any person who has a living spouse and in case marry someone it is void marriage.
Punishment- Imprisonment of either description for a term which may extend to 10year and shall be liable for fine.
Exception
- Former marriage declared void by competent jurisdiction of court.
- Previous spouse is absent for 7 year and not heard any person as being alive
- Facts disclosed to second spouse about the previous marriage.
Adultery (497)
It is 158year old law that was struck down by Supreme Court in Sept 2018. It was the violation of artcle14,15 and 21 as punishable only for man. It can be ground for civil issues including dissolution of marriage but it could not be a criminal offence.
Criminal elopement (498)
Enticing or taking away or detaining with criminal intent a married woman. Any person takes away or detains women from persons he is aware of or has reason to believe that wife of other men or having care of her on behalf of her men with the intention to have illicit relations with her intercourse with any person or conceals or detained with such intent.
Punishment- Imprisonment either description for a term which may extend to 2yaer or with fine or both.
Cruelty by husband or relatives of husband(498A)
Any person who is husband or relative of a women’s husband if subject to such cruelty will be covered under this section.
Punishment-Imprisonment for a term which may extend to 3 years and shall also be liable to fine.
Cruelty includes both physical and mental. Section 498A was added in 1983 in IPC 1860.By same Act Section 113 of Indian Evidence Act 1872 to raise presumption regarding abetment of suicide by a married woman. Section 113B of Indian Evidence Act 1872 if it was shown that before death women were harassed or suffered cruelty then it presumed in relation with dowry death. It is presumed who harassed her is the cause of her death.
At last, we can say having the debate, delivering a speech on women’s day will not improve the condition of women in society. It’s high time for all of us we have to consider seriously offences related to marriage is not a private concept but a matter of public. For the sake of sacrament, we cannot act negligently towards women. Many of the cases are not reported because for the sake of society or maintaining the dignity of both families. Modesty belongs to both genders’ females as well as males. But due to the superiority complex of men if women raising their voice or fighting for themselves it means they don’t have any place in society. Still, she is the disadvantageous section of society. We need to understand that it is not normal to make her victim and still teaching them how good women should be. There is a need to become a good society before teaching who is an ideal or good woman. Under Article 51A(e) of the Indian Constitution, it is stated that every citizen of India renounces practices that is derogatory to the dignity of women. We need to stop categorise them and giving her different titles like your educated means you are office material or a clever woman and if she is not much educated it means she belongs to kitchen material or a housewife. Crime is increasing because we forcing women that it is insulting to raise their voices against these as these are part of married life. For the sake of the image of idealistic women, she needs to close her mouth and accept every wrong as her husband is always right. If she goes against her husband it is considered a sin.
The only remedy to this issue is to make the law stricter and implement it with strictness. Also, to make women more aware of their rights and duties, so that they can differentiate between what is acceptable or not. We have to provide them with such an environment where she can stand for herself and speak for herself without getting worried about how society sees them. To strengthen them, educate them and create awareness is the key areas we need to work to eradicate the offences related to marriage. We need to run more programmes or schemes for her so that she can work and get an education it is effective for her survival.
DON’T MAKE HER GODDESS JUST TREAT HER WITH DIGNITY LIKE OTHER GENDER.
