On Thursday, Bollywood actress Karishma Kapoor accused her estranged husband Sunjay Kapur and his mother Rani Surinder Kapur of mental cruelty and harassment, following which an FIR has been registered under Section 498 A and 34 of IPC by the Khar police station.
She had separated from her husband five years ago and has been in a legal battle for divorce and custody of their two children since then. Such high profile divorce cases are not new for Malayalees either, with our celebs visiting family courts every now and then.
But as more such high profile divorce battles catch our attention, there is another side to divorce battles that most people are not aware of. Section 498-A of IPC, a law which was created to protect women who are subjected to cruelty by the husband or his relatives has a flip side, a much murkier side to it too.
Over the years, the number of men who are coming forward claiming mental harassment from their wife and her relatives is slowly going up says M.A Ibrahim Ravuthar, State President, Janamithram Janakeeya Neethi Vedhi, a men’s right organisation at Kozhikode.
He points out, “We started the organisation in 2010, we have noticed that the number of men approaching us for some kind of legal help or solace has gone up. Since our society still does not accept men being harassed by his wife or in-laws many of them suffer in silence for years and our legal system has no laws to protect men. We try and provide all the help that we can to these men some of them who have given up hope.” The organisation has now turned out as a beacon of hope for many harassed men.
Ibrahim states that organisations like the Kudumbasree and the Social Justice Department as well as lawyers lobby have a main role to play in the increase of misuse of the law. “These organisations encourage women to misuse 498 A. We believe that laws should be written for human beings and when a law is written for women it should also clearly state the duties of a woman as well.”
He also adds, “It is good that women are educated and empowered today, but it is not fair when they use this education to misuse such a delicate law. Moreover, we cannot deny the negative impact that mobile phones and malayalam TV serials play in their lives to an extent. What we need here is a proper family law.”
Retired Family Court Judge N Leelamani, who has seen ample of such cases says, “There are umpteen cases of women being harassed, true. But I must admit that men are getting abused a lot as well. It is true that the misuse of Section 498 A has gone up and a lot has to be attributed to women’s arrogance that there are laws to protect her.”
She goes onto add, “There is a lot of disobedience on women’s part now a days. Some of it comes from the fact that women are capable of earning well. Besides there is hardly any bonding between these young couples nowadays, no time for a healthy sexual relationship. We cannot close our eyes towards men getting abused this way. I believe in five years time there will be a law to protect men.”
She also states that it is the duty of the government to spread awareness about using such a law to both men and women together, “ There is no point in keeping a section aside and educating just another section about a certain law.”
Writer and activist Sarah Joseph opines, “Now this is a proof that women are slowly becoming bold.
They have the guts to come out and say that they are being harassed, they have a confidence that the law can protect them. There was a time when the woman herself used to think that if she opens up about being harassed by her husband and files a case she will no longer be seen as an ideal or good woman. That is in the past now.”
She also adds, “Any law can be misused but the important thing here is that women have become strong. Men can very well look after themselves, I don’t think they need a law against harassment it. Now if they are saying it is being misused, an unbiased investigation will help to prove it.”
