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In a ground-breaking ruling, Supreme Court recently held up a decision by the Rajasthan High Court, which enabled a woman to file a domestic violence complaint even if she is divorced.
Domestic abuse is one of the most hidden forms of violence against women. In our country, it is often treated as a matter between husband and wife that should be resolved internally. Many a times, women suffer this abuse silently, out of shame or owing to the fear of society’s judgemental eyes.
However, law has finally taken a strong stand against this crime, in a recent court case. Supreme court has supported an order given by Rajasthan high court that says – the absence of an ongoing domestic relationship does not stop a court from granting relief to an aggrieved woman.
Hence, a woman can lodge a complaint under the domestic violence law against her husband even after their divorce or separation. This order was passed in a marital dispute matter. The husband appealed to the Supreme Court, but this judgement was withheld by them as well.
The appeal said that if the domestic violence law which came in to force on October 2006, was allowed to be applied retrospectively then it could be misused. Most times, the end of a marriage is hostile and the law could act as a weapon in the wife’s hand to exact revenge.
However, the court refused the appeal and said, “If the aggrieved person had been in a domestic relationship at any point of time even prior to coming into the force of the Act and was subjected to domestic violence, the person is entitled to invoke the remedial measures provided under the Act.”
The high court also said that even after the termination of marriage, if an ex-husband attempts an act of violence such as stalking the wife, trying to intimidate her or threaten her or her family members, then the wife can seek protection from the law. She can also approach the court if the husband tries to wrongfully dispossess her from the shared household or property jointly owned.
This order should act as a flag bearer for all domestic violence cases. Many times, even after a divorce, the wife is being abused by the husband and his family. Earlier, it was assumed that since the marriage was annulled, a woman could not resort to the provisions of the Domestic Violence Act of 2006. But, now with this ruling, if a woman is being harassed by her ex-husband and his family, she can still lodge a complaint.
Domestic violence whether physical, sexual or emotional needs to be treated seriously. Women should come forward to report this crime and put an end to it. After all, tomorrow it could be the next generation to suffer.
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People say that women are the greatest enemies of women. I vehemently disagree. It is the patriarchal mindset that makes women believe in the wrong ideology.
The entire world celebrates International Women’s Day on March 8, 2024. It should be a joyful day, but unfortunately, not all women are entitled to this privilege, as violence against women is at its peak. The experience of oppression pushes many women to choose freedom. As far as patriotism is concerned, feminism is not a cup of tea in this society.
What happens when a woman decides to stand up for herself? Does this world easily accept the decisions of women in this society? What inspires them to be free of the clutches of the oppression that women have faced for ages? Most of the time, women do not get the chance to decide for themselves. Their lives are always at the mercy of someone, which can be their parents, siblings, husband, or children.
In some cases, women do not feel the need to make any decisions. They are taught to obey the patriarchal system, which makes them believe that they are right. In my family, I was never taught to make decisions on my own. It was always my parents who bought dresses and all that I needed.
14 years after her last feature film Dhobi Ghat, storyteller extraordinaire comes up with her new film, Laapataa Ladies, a must watch.
*Some spoilers alert*
Every religion around the world dictates terms to women. The onus is always on women to be ‘modest’ and cover their faces and bodies so men can’t be “tempted”, rather than on men to keep their eyes where they belong and behave like civilized beings. So much so that even rape has been excused on the grounds of women eating chowmein or ‘men will be men’. I think the best Hindi movie retort to this unwanted advice on ‘akeli ladki khuli tijori ki tarah hoti hai’ (an alone woman is like an open jewellery box) came from Geet in Jab We Met – Kya aap gyan dene ke paise lete hain kyonki chillar nahin hain mere paas.
The premise of Laapataa Ladies is beautifully simple – two brides clad in the ghunghat that covers their identity get mixed up on a train. Within this Russian Doll, you get a comedy of errors, a story of getting lost, a commentary on patriarchy’s attitude towards women, a mystery, and a tale of finding oneself, all in one. Done with a mostly light touch that has you laughing and nodding along.
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