India has progressed substantially in the arenas of education, empowerment and economic participation of women, but legal literacy of women is still at a nascent stage. While a set of strong laws exist to protect a married woman, awareness regarding these is not widespread.
Without this crucial knowledge, countless women continue to endure abuse, exploitation and mistreatment. The lack of legal literacy amongst women, especially when it comes to their rights within matrimonial laws, is one of the most significant hurdles to women empowerment.
In a nation where abuse and exploitation of a married woman by her husband and in-laws is not uncommon, every effort should be made to create awareness regarding laws which are enacted to eradicate such abuse. Abused married women can be broadly divided into three broad categories. One group which knows that they are being abused and that it is a crime, but feel too vulnerable or frightened to act. The second group, which is aware that what they are experiencing is abuse, but are oblivious to the fact that their abuse and suffering is legally recognised as a crime or a ground for divorce. The third group is entirely unaware that what they are being put through is abuse, let alone a crime.
We need to let every woman know that the raised hand of her husband, dowry demands of her in-laws, constant taunts, and financial deprivation in her in-laws’ home are not only moral wrongs, but also legal violations, crimes and grounds for divorce and that she can seek legal protection and remedies to end her suffering. By doing so, we are handing her a weapon to protect herself and stand up against the abuse. If a woman knows that she can seek interim and permanent reliefs of protection, maintenance, custody etc. while calling out her abusers, she will not feel helpless, hopeless and trapped in a troubled marriage.
We say that ignorance of law is not an excuse, but have we endeavoured enough to ensure that information regarding these laws is given to every woman in India? Have we reassured every girl through legal literacy that if she faces abuse or cruelty after marriage, the law will protect and support her even if her family does not? Mandatory literacy regarding laws will ensure that every girl in India knows if she is ever abused, she is not expected to endure it.
Legal literacy will not only benefit married women, but also benefit girls and women in all brackets. If a teenage girl is being sexually harassed, providing her with legal literacy will make her aware that there are legal remedies to get her out of her plight. When this girl confides in her mother about being sexually harassed, the mother will be able to hold her daughter’s hand confidently to take her to a police station to take steps to end her suffering. If an aged mother is being ill-treated by her children, legal literacy will help her approach a court for protection orders as well as maintenance. If a distraught victim of rape is being taken for examination without a woman doctor being present, she will have the knowledge and courage to insist on the presence of one. Legal literacy will allow every daughter of India to know that she has a right to be treated at par with her brother and that she can raise a voice if her rights are being trampled on. It will let a single woman know that she has the option to adopt a child even if she is not married.
Legal literacy goes beyond simply knowing that laws exist. It involves understanding how these laws apply in practical terms and how women can use them effectively to safeguard their rights and protect themselves from abuse or mistreatment. When women are legally literate, they are equipped to take proactive steps in seeking legal remedies rather than enduring years of suffering in silence. In a society where patriarchy is still prevalent, empowering women with knowledge about their legal rights is crucial for creating an equitable environment. However, to achieve this, it is not sufficient that laws exist on paper. Society, as a whole, needs to actively spread awareness. Schools, community centers, legal aid clinics and NGOs must join hands to make sure that every woman in India is legally literate.
However, legal jargon can often be intimidating. Efforts must be made to simplify legal concepts so that they can be easily understood by women of all educational, economical and geographical backgrounds. Institutions such as schools, colleges, universities, NGOs and even corporate bodies can play a significant role in promoting legal literacy in a simplified way to the women. Incorporating legal literacy programs into school curriculum for young girls would provide them with a foundational understanding of their rights. Legal Aid clinics, often affiliated with law colleges or state sponsored institutions, can be more active in outreach by conducting workshops and seminars in rural and urban areas alike. Government programs can play an essential role in raising awareness, and campaigns through social media, radio and televisions can reach women in the most remote areas of the country. In many parts of India, especially in rural areas, women often rely on community network for support. Using these same networks to disseminate legal information can create a ripple effect, leading to greater awareness.
It is important to remember that legal literacy is not only about responding to abuse but also, and arguably more importantly so, about preventing it. When women are aware about their rights and legal consequences of mistreatment, they are in a stronger position to negotiate equality and respect within their homes. Educating men alongside women about such laws can promote mutual respect and understanding, thus fostering healthier and more equitable relationships. Empowering women with legal literacy can transform them from passive victims to active agents of change. Legal literacy is not just a legal issue, it is a social and moral imperative. The idea of legal literacy is not to create further litigation, but to create an environment where the need for such litigation will be minimal because the cases of such abuse or mistreatment will eventually become minimal. The idea is to bring about a positive societal change, to instill dignity and not discord.
Knowledge of law has to be tempered with counselling to ensure that laws are being used to end one’s suffering and not being misused to inflict suffering on the other. Legal literacy should not end at providing mere information about existence of certain laws. It should also expand to cultivating emotional maturity in women that protective laws are a weapon for protection and should be misused as tools for threatening or emotional and/or financial extortion. Legal literacy should also involve guidance to create awareness regarding the repercussions of misuse of laws by filing of false complaints or using a right as a route to revenge.
In matrimonial disputes, such counselling and emotional maturity is especially relevant. Matrimonial disputes are often riddled with many emotions ranging from anger, fear, insecurity, anxiety, and vengeance (often disguised as need for justice). In such cases, it is important to teach the society the importance of a conciliatory (not to be confused with reconciliation) and co-operative approach which can lead to couples parting ways on amicable terms instead of engaging in long-drawn litigation. Responsible counselling and guidance along with legal knowledge, especially in matrimonial matters, will enable women (and men) to have the emotional maturity to responsibly use the legal remedies to walk out instead of misusing the legal remedies to walk all over someone.
Shaili Mazoomdar is an advocate practicing at the Bombay High Court and Family Court. She specialises in matrimonial laws.