Harresment by mother in law
11 months ago
My mother in law and her family harresment me and break my marriage. Mentaly torcharing and interfiar in my mrg life i have no family mamber in my home i need help
A.Dear Client,
In case you are a woman, you can file a complaint under PWDV Act, 2005 or in case you are a man you can simply file a case of divorce in the Family Court to get rid of your plights.
Consult an Advocate for guidance and steps.
In case you are a woman, you can file a complaint under PWDV Act, 2005 or in case you are a man you can simply file a case of divorce in the Family Court to get rid of your plights.
Consult an Advocate for guidance and steps.
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A.Dear Madam,
Marriage and Family matters:
• The Prohibition of Child Marriage Act, 2006 defines a ‘child’ as a boy under the age of 21 and a girl under the age of 18. This means that the marriage of a girl below the age of 18 is considered to be child marriage and is prohibited by the law. There are certain contradictions to this rule in personal laws. However, it is important for you, as parents, to understand the importance of encouraging your daughters to continue their education and empowering them in other ways rather than marrying them off at a young age.
• The Medical Termination of Pregnancy Act, 1971 lays down the law regarding abortion in India. Right now, it is not easy to get an abortion even in cases of rape as this Act sets a number of conditions. However, this Act is soon to be amended.
• Domestic violence is prohibited by law and is considered to be a criminal offence according to S. 498-A of the Indian Penal Code. Certain provisions in the Indian Evidence Act and the Criminal Procedure Codealso deal with this issue. Finally, a legislation devoted to this issue was enacted in 2005 – The Protection of Women from Domestic Violence Act.
• Another common problem faced by married women is harassment from their in-laws for dowry. To battle this social evil, the Dowry Prohibition Act, 1961 was enacted, criminalising this practice. However, it still continues. It is important that parents do not give in to societal pressures and ensure that they do not provide dowry in any form.
• While Indian law does not criminalise pre-marital sex as long as it is between consenting adults, there are no laws regulating live-in relationships. However, courts have developed laws on this subject through decisions in cases to such an extent that the law against domestic violence applies to couples who are in live-in relationships and children born out of such relationships are treated as legitimate in certain circumstances.
Sexual Abuse and Exploitation:
• Various forms of sexual harassment such as singing lewd songs, eve-teasing, making sexual advances in spite of refusal, watching, capturing or sharing images and other media of a woman engaging in a private act without prior consent have all been criminalised by the Indian Penal Code. There is an entire legislation dedicated to sexual harassment in the workplace – Sexual Harassment of Women at Workplace Act, 2013.
• As parents, it is important that you are aware of your daughters’ activities on the Internet. Today, many crimes against women are committed by sexual predators through online portals. Online harassment of women is prohibited under S. 67 of the Information Technology Act.
• Any indecent representation of women is banned by the Indecent Representation of Women (Prohibition) Act, 1986. This law, as it is considered to be too narrow for this day and age, has undergone certain changes and an Amendment Bill was drafted in 2012 which broadened its scope.
• Ss. 375 and 376(2) of The Indian Penal Code criminalise rape. These sections spell out 7 years’ and 10 years’ imprisonment, respectively, as the punishment for rape. The key feature of these sections is the requirement for consent by the woman in question for the act not to be considered as rape. Thus, as a parent it is important that you explain the concept of consent to your daughters at an early age. Intercourse with a woman of unsound mind or a girl below 16 years of age is considered to be rape irrespective of consent being given. Unfortunately, marital rape has not yet been criminalised.
Property Laws:
• While traditionally, the rights of women with regard to succession and inheritance of property in India were next to non-existent, as of now, according to the amendments to the Hindu Succession Act in 2005, daughters have been given the same rights as sons with regard to inheritance and succession.
• The Indian Succession Act does not differentiate between the heirs of the deceased.
• Muslim women enjoy rights of inheritance though limited to some extent by custom and practice.
Women in the Workplace:
• Women in India have the right to earn as much as men and gender discrimination is also prohibited at the time of recruitment. Ss. 4 and 5 of the Equal Remunerations Act, 1976 lay down the law regarding this.
• The Maternity Benefit (Amendment) Act, 2017 has brought about certain groundbreaking laws which concern working women including the increase of paid maternity leave from 12 weeks to 26 weeks (S.5(3)) and ‘work from home’ options for new mothers (S.5(5)).
Organisations that help:
There are a number of organisations that work for the upliftment and protection of women such as the National Commission for Women, One Stop Crisis Centres (or) Nirbhaya Centres, National Association of Rural Women India, etc. There are also a number of NGOs working for women’s rights. Please keep your daughter informed of these organisations so that she knows who to approach in case of a crisis.
While keeping your daughter informed of her rights is a basic obligation of every parent, it is also important that you take a more active part in ensuring that your daughter has a better and happier future. By taking steps such as not providing dowry and by shifting the focus from marriage to education, you can do your part in breaking a cycle of abuse that has been going on for centuries. However, to ensure a complete change in society’s views on women, it is essential that you teach not only your daughters but also your sons to recognise the problems faced by women today and how to treat women with the respect that is their due.
Marriage and Family matters:
• The Prohibition of Child Marriage Act, 2006 defines a ‘child’ as a boy under the age of 21 and a girl under the age of 18. This means that the marriage of a girl below the age of 18 is considered to be child marriage and is prohibited by the law. There are certain contradictions to this rule in personal laws. However, it is important for you, as parents, to understand the importance of encouraging your daughters to continue their education and empowering them in other ways rather than marrying them off at a young age.
• The Medical Termination of Pregnancy Act, 1971 lays down the law regarding abortion in India. Right now, it is not easy to get an abortion even in cases of rape as this Act sets a number of conditions. However, this Act is soon to be amended.
• Domestic violence is prohibited by law and is considered to be a criminal offence according to S. 498-A of the Indian Penal Code. Certain provisions in the Indian Evidence Act and the Criminal Procedure Codealso deal with this issue. Finally, a legislation devoted to this issue was enacted in 2005 – The Protection of Women from Domestic Violence Act.
• Another common problem faced by married women is harassment from their in-laws for dowry. To battle this social evil, the Dowry Prohibition Act, 1961 was enacted, criminalising this practice. However, it still continues. It is important that parents do not give in to societal pressures and ensure that they do not provide dowry in any form.
• While Indian law does not criminalise pre-marital sex as long as it is between consenting adults, there are no laws regulating live-in relationships. However, courts have developed laws on this subject through decisions in cases to such an extent that the law against domestic violence applies to couples who are in live-in relationships and children born out of such relationships are treated as legitimate in certain circumstances.
Sexual Abuse and Exploitation:
• Various forms of sexual harassment such as singing lewd songs, eve-teasing, making sexual advances in spite of refusal, watching, capturing or sharing images and other media of a woman engaging in a private act without prior consent have all been criminalised by the Indian Penal Code. There is an entire legislation dedicated to sexual harassment in the workplace – Sexual Harassment of Women at Workplace Act, 2013.
• As parents, it is important that you are aware of your daughters’ activities on the Internet. Today, many crimes against women are committed by sexual predators through online portals. Online harassment of women is prohibited under S. 67 of the Information Technology Act.
• Any indecent representation of women is banned by the Indecent Representation of Women (Prohibition) Act, 1986. This law, as it is considered to be too narrow for this day and age, has undergone certain changes and an Amendment Bill was drafted in 2012 which broadened its scope.
• Ss. 375 and 376(2) of The Indian Penal Code criminalise rape. These sections spell out 7 years’ and 10 years’ imprisonment, respectively, as the punishment for rape. The key feature of these sections is the requirement for consent by the woman in question for the act not to be considered as rape. Thus, as a parent it is important that you explain the concept of consent to your daughters at an early age. Intercourse with a woman of unsound mind or a girl below 16 years of age is considered to be rape irrespective of consent being given. Unfortunately, marital rape has not yet been criminalised.
Property Laws:
• While traditionally, the rights of women with regard to succession and inheritance of property in India were next to non-existent, as of now, according to the amendments to the Hindu Succession Act in 2005, daughters have been given the same rights as sons with regard to inheritance and succession.
• The Indian Succession Act does not differentiate between the heirs of the deceased.
• Muslim women enjoy rights of inheritance though limited to some extent by custom and practice.
Women in the Workplace:
• Women in India have the right to earn as much as men and gender discrimination is also prohibited at the time of recruitment. Ss. 4 and 5 of the Equal Remunerations Act, 1976 lay down the law regarding this.
• The Maternity Benefit (Amendment) Act, 2017 has brought about certain groundbreaking laws which concern working women including the increase of paid maternity leave from 12 weeks to 26 weeks (S.5(3)) and ‘work from home’ options for new mothers (S.5(5)).
Organisations that help:
There are a number of organisations that work for the upliftment and protection of women such as the National Commission for Women, One Stop Crisis Centres (or) Nirbhaya Centres, National Association of Rural Women India, etc. There are also a number of NGOs working for women’s rights. Please keep your daughter informed of these organisations so that she knows who to approach in case of a crisis.
While keeping your daughter informed of her rights is a basic obligation of every parent, it is also important that you take a more active part in ensuring that your daughter has a better and happier future. By taking steps such as not providing dowry and by shifting the focus from marriage to education, you can do your part in breaking a cycle of abuse that has been going on for centuries. However, to ensure a complete change in society’s views on women, it is essential that you teach not only your daughters but also your sons to recognise the problems faced by women today and how to treat women with the respect that is their due.
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A.Good afternoon!
File an case under the PWDVA, 2005. You can claim for different types of compensation under the same. Contact an advocate for further action.
File an case under the PWDVA, 2005. You can claim for different types of compensation under the same. Contact an advocate for further action.
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A.Hi client,
File a 498 A against your mother in law. You can also contact an advocate for sending them legal notices.
Thanks and Regards
Simi Paul
File a 498 A against your mother in law. You can also contact an advocate for sending them legal notices.
Thanks and Regards
Simi Paul
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