Introduction
In India, married women are entitled to certain legal rights. Many laws have been made to ensure the dignified life of a married woman. When it comes to rights, they are largely disregarded in society, or it could be said that women face societal barriers in accessing those rights. Marriage unveils many drastic changes in the life of a woman, which demands enforcement of certain laws and rights to undo the negative effects of a marriage in a woman’s life. The question is very well-known: Why are there laws for married women? Because they are the ones who are being subjugated in the tie of a marriage. Married women in India are subject to various restraints and stereotypes. In every possible way, they are being regulated by their families, mainly by in-laws and husbands. The article has mentioned some restrictions and barriers that curb their knowledge of rights. Whether she is in an urban or rural area, there is negligible difference; however, urban women are comparatively aware of their marriage rights because of the expansion of education among females. Whereas rural women are not that much conscious of their rights. Completion of higher education after marriage also becomes an obstacle for women’s.
Typical Encumbrances Every Married Woman Faces
Existence has shown they are caught in a loop of restrictions. In going out or leaving a house, they take permission from their in-laws, even in visiting their parents. Talking to males except her husband or family relatives is highly stigmatized; however, talking back to her husband in front of in-laws is also criticized. Their preferences of what to wear after marriage are somewhat compromised. Their decision-making, be it in family planning or use of contraceptives, and decisions about financial matters are being ignored. These are very common restrictions every married woman of a certain age faces; however, they are highly appreciated when they ask for what to cook for dinner because their life is designed in a way that is centric to household chores. Following laws, all the above-mentioned boundaries are unlawful, but the question becomes, are women cognizant of their rights? This highlights how our society has made this perpetual for women, even if they don’t think it is flowed. It points out the ineffectiveness of laws because of societal constraints.
Legal Reality vs. Societal Reality of Laws
The legal reality is that demanding a dowry is prohibited according to the Dowry Prohibition Act of 1961, and its societal reality is that it is still endorsed by society. Similarly, many laws have been made and enforced, but their societal reality remains unavailing. For example, the Special Marriage Act of 1956 raised the age of women from 16 to 18 years; however, girls are being forced to marry at an early age. A wife has a legal right to reside in her husband’s house with dignity, even after the death of her husband, yet when domestic conflicts take place in the family, she is the one who is being called upon to evacuate of her husband’s home.
Women have rights safeguarded by the laws, but at a functional level, they are not that constructive. Women themselves are not conscious, so they mostly do not amplify their voices. It is very crucial for a woman to secure her rights in a tie of a marriage.
How Reproductive Rights Are Stigmatized in Society
Marriage carries many responsibilities on women’s part, be it in personal relationships with husbands or with family members. There is a very common notion that has society’s approval, like—because he is her husband, he has a right over his wife’s body, which is very peculiar. Women under pressure of societal norms sometimes fail to negotiate over their reproductive rights. Basically, reproductive rights are those rights that are equally given to both spouses to make decisions without coercion and violence to have a childbirth, control birth, use contraceptives, have good reproductive health, have the right to abortion, and freely make choices to have children. These rights are protected under Article 21 of the constitution.
These rights are dominantly exercised by the males because society has given them a definition of masculinity. Countries such as India, which ranked first in population, underscore the concerns of women. Women are bashful owing to many factors which make them speechless and flunk in negotiation in the use of contraceptive methods and eventually causes unplanned pregnancies. Women need to be conscious of their rights; they must ignore peculiar social norms.
Domestic Violence Laws and Unease of Women
The law that safeguarded women from domestic violence is the Protection of Women Against Domestic Violence Act, 2005, which outlaws various forms of domestic violence, such as physical, mental or emotional, sexual, and economic abuse. Particularly protects and ensures a dignified position of a married woman in her family.
The legal reality of this law is contrasting from its societal reality. Women dread of reporting such kinds of acts because of the widespread thinking that they would be sent out of the home if they reported such violence. Again, this behavior of women shows how much aware they are about their rights and indicates the failure in potency of domestic violence law. There is a law that can destroy their fear of kicking off from their in-law’s house, according to the Hindu Adoption and Maintenance Act, 1956, which entitles wives to reside in their husband’s house with honor. No wife can be demanded to evacuate the house; it is her right to inhabit in a household with her husband.
Way Forward
The combination of stereotypes exists in society in relation to laws. It could be said that there is naivety on the part of women, which makes laws unproductive. Women themselves can be mindful of their situation and allude to the laws. Because they are caught in the loops of ridiculous societal norms, they find themselves in the position where these norms and sayings hinder their growth of knowledge of their rights. It could be implied that stereotypes need to be addressed and given less relevancy because marriage is a group of two; why do women only bear responsibilities? It suggests that there is minimum legal awareness among people in society, so there is a need to increase the legal awareness, mainly for women, and it is essential to make them realize that it is flowed and not a part of their lives.
References
- D Kelly Weisberg, Domestic Violence: Legal and Social Reality, Aspen Publishing, 2019, books.google.com
- Sraboni Patra, Motherhood in childhood: addressing reproductive health hazards among adolescent married women in India, Google Scholar, 2016, link.spring.com
- Adv. Arunoday Devgan, Legal Rights of Married Women in India, REST THE CASE, Nov 7, 2022
- Zain Khadijha, Subha Malik, Madiha Nadeem, Married Women’s Negotiations about their Reproductive Rights with Patriarchy, Pakistan Social Science Review, 2021 www.pssr.org.pk
- Protection of Women from Domestic Violence Act No. 43 of 2005
- THE HINDU MARRIAGE ACT, 1955
Written By: Surbhi Ahirwar 1st Year Law Student at Dharmashastra National Law University Jabalpur
