There is a saying in Manipuri, 'Do not poke your nose into marital fights.' There is certainly a wisdom in the saying, as couples ultimately patch up, making a fool of the person who tried to intervene. So, normally one stays away from such fights. Perhaps this is the root of continued domestic violence against women.

Among the violence which married women experience in Manipur, mention may be made of marital rape, forced suicide, physical assault, mental torture and humiliation by their husbands, in-laws and other family members.

Divorces and marital break-ups mostly centre around the ground of cruelty. Traditionally, a woman is considered the private property of her husband. When a woman marries, she gives an implied general consent to all the 'natural' accidents of marriage. Thus, abused wives are reluctant to speak out against their husbands and in-laws, for the reasons cultural, religious and financial too.

The fear is utmost among women who have no earning of their own. They have a notion that once such case of wife abuse or violence is reported to the police and brought up in court, the marriage would end in divorce or legal separation. So, their natural option is to stay away from police and the courts and continue to bear the cruelty and assaults of the husband.

I was once appointed as Amicus Curiae to assist the Family Court on behalf of a woman, against whom her husband had filed a suit for divorce, on the ground of desertion in 1998.

The woman said, she had no other option but to leave the marital home after her husband brought home another woman to be his second wife and began abusing her. She also said, she was often subjected to serious physical and mental abuse by her husband after consuming liquor. So it became unbearable for her to live with them under the same roof.

When the matter was brought up in the Lok Adalat (People's Court), the husband had proposed to give Rupees 2000/- as maintenance allowance, if she agrees to divorce. She did not agree for the simple reason that, after divorce, she will become completely insecure. She said, she wanted retain the status of a wife, even if she gains nothing from it.

I conducted a study of the cases filed and disposed since the establishment of the Family Court in Manipur i.e. from 30 July 1992 to 31 March 1994. During the period under study, only 13 cases were filed by wives against the husband. In most of the cases, the ground for seeking divorce was cruelty. (see Table)

In all the cases, the wife had charged the husband to be guilty of some physical cruelty towards her, which compelled her to file the divorce case.

Except in three cases, where decree of divorce could be obtained by the wife, all other cases were ultimately withdrawn. Here, the possibility of the husbands threatening the wives with dire consequences cannot be ruled out.

In 1983, the Indian Penal Code was amended and a new section (498-A) was inserted. Under the new law, cruelty to wife was made a cognisable and non-bailable offence punishable with imprisonment for three years or with fine or with both.

Under this provision, a woman filed a complaint in the Court of the Chief Judicial Magistrate, Bishnupur against her husband for physical assault on her person, while she was in the advanced stage of pregnancy. However the case failed, as nobody came forward to act as a witness on her behalf. Now, the case is pending at the Family Court.

I also came across another young woman recently divorced from her first husband. She had co¼me to the Family Court to collect her monthly maintenance allowance from her ex-husband which she was entitled to. She said, she had no other option but to divorce her husband, as she was subjected to physical assault many times for giving birth to a daughter instead of a son.

These are but accounts of a few cases of domestic violence which have come out in the open.

Other articles in the January Opinion

Between the Lines

The Plight of Manipuri Women

Violence against Women