THE CYCLE OF CRUELTY: AN EXPLORATION OF LAW and SOCIETY

“We pursue morality in our minds but not in our actions”

Abstract 

The term “cruelty” is used widely in day-to-day life, perhaps because of the incriminating actions of one person towards another that keeps increasing as the days pass by. In simple words, it stands for the act of a person that unnecessarily inflicts physical or mental pain on others. When one gender has free access to all of their rights, the other has to fight for it, a section of society “women” has not been taken into consideration for decades. They are facing many challenges, one of which is to tolerate the cruel behaviour of their husbands and family members. Analyzing its effect, different provisions are added to the statutes to resolve any further issues. Despite that, people are at the point of fighting for their rights, the rights that are guaranteed by the law but lack when it is being exercised. Due to this, many voices have been raised for resolution, some are considered while others are suppressed. The raised voices demonstrate that humanity is lost among humans, and people are still on the verge of disastrous sufferings; sufferings that are caused by other humans only. And, That’s where the question arises! In a nation where citizens have a written constitution and a full-fledged law system, how come their livelihood is still cursed? How are they still facing inhuman treatment? What are the loopholes here? 

This research paper aims to provide a harsh realm of how society is operating, even after the successful implementation of various laws, human rights, and institutions for protecting individuality, the status remains the same. Therefore, it will state a different yet reasonable approach to promoting economic equity.

 Keywords: Cruelty, Legislation, Society, Suppression, Women. 

Introduction

The word “cruelty” stands for diverse definitions amended, from time to time, under the new emerging situations. In the past, it was referred to as the ‘cruel or inhuman or degrading treatment done with subject to physical violence to another person for any particular cause’, but now the meaning has developed with the addition of the clause of mental violence or mental torture. In simple words, it stands as the “intentional or criminally negligent act that causes pain and suffering to others whether physical or mental”. 

The term “cruelty” has been interpreted in many ways, depending upon the circumstances and facts of the cases. Section 498A of the Indian Penal Code, 1860, and Section 84 of the Bhartiya Nyaya Sanhita, 2023 give the same definition of Cruelty, it is defined as “any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or harassment of the woman where such harassment is with a view, to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand”. This suggests that a woman is being subjected to cruel or torturing behaviour for multiple reasons like dowry etc. A marital life filled with immense violence and torture can traumatize not only the affected women but also society for a long. It may set a bad example and lead to a generational threat to women. To prevent this from happening, they were given certain rights under various statutes that guarantee a good status.

According to the Section 13 (ia) of the Hindu Marriage Act, 1955, “Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has, after the solemnization of the marriage, treated the petitioner with cruelty”. This provision enables women to be free from their degrading marital life. They can raise complaints, file petitions and seek justice in their favour.

Even so, the situation has not improved as it should. Domestic abuse and sexual assault are some of the horrifying ways of inflicting pain on vulnerable groups. These acts not only cause physical pain and emotional trauma but also have far-reaching consequences for society as a whole.

Methodology

This research paper is based on “The Cycle of Cruelty: A Philosophical Exploration of Morality and Treatment of Others”. This theme invites other multidisciplinary approaches towards it and under its sub-themes this research paper places special emphasis on “cruelty” and its major focus is the significant development made in the law of cruelty. 

This research is both objective and subjective which indicates the rationality based upon the statistics, proven facts along with the basic humanitarian values and preferences. 

The methodology used in this research paper lies upon the secondary data (previously gathered data) which is the existing literature provided on the digital media, books, codified and established laws with the case studies which are the precedents in the eye of the law to take further decisions. The observation has been used as one of the tools in this research as a structured one where the researcher has observed the behaviour of the objects in a pre-planned situation. To conclude it is a mixed method where a combination of both qualitative and quantitative methods provides a realistic approach and true approach to the findings and presents multiple possibilities for those findings.

Background

The fundamental rights mentioned in the Constitution guarantee everyone’s individuality. The golden triangle i.e. Article 14, Article 19, and Article 21 provides basic rights such as the ‘right to equality’, ‘right to freedom’, and ‘right to life and personal liberty’ that should not be violated at any cost. In contradiction, the cruel treatment is being done by one segment of the society to another. Women were suppressed in many ways, their voices were unheard and they were not given the privilege to live their selves. The nature of males leaves an impression on how society was operated before and the misconduct done by the husband towards his wife proved that dominance of masculinity is a major cause for the suppression of women in society. 

However, the law has developed and eradicated some of the possibility of these situations. The law of cruelty was introduced to protect married women from violence which is done not only by their husbands but also by the relatives of their husbands. This law comprised of physical torture but now mental violence is included too.

Legislation

Due to the diversity existing worldwide, the need for recognition & protection of individual rights arises, for which a system of events took place and ultimately laws were formulated.

• Section 498 A of the Indian Penal Code, 1860: It defines the essentials of the act of a husband or any relative of the husband against the wife that should be considered as cruelty. The punishment for this offence lies with imprisonment for a term which may extend to three years or shall be paid with a fine or both.

• Section 84 of the Bhartiya Nyaya Sanhita, 2023: The newly amended law has the same definition of cruelty as that of IPC. 
• Section 13 (ia) of the Hindu Marriage Act, 1955: It states cruelty as a justified ground for divorce. Earlier cruelty was only a ground for judicial separation but now it has been made a ground for divorce. Seeking the evolving situations, the law has changed too.
• Section 4 of the Dowry Prohibition Act, 1861: It states the penalties for demanding dowry with or without being subject to mental torture. It signifies “If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees. Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months”.

Some legal frameworks that guarantee equal rights are:

• Universal Declaration of Human Rights, 1948: An international outlet which was established in the year 1948 after the draft prepared by a drafting committee under the Commission on Human Rights which follows the direction of the Economic & Social Council and General Assembly. This draft aimed to prepare a series of rights that must be considered basic Human Rights. Article 15 states the provision of cruel treatment done to one person by another. It specifically mentions that It states that “no one shall be subjected to torture or cruel, inhuman or degrading treatment”.
• Human Rights Campaign Equality Index: In the USA, a benchmarking tool or report is initiated to analyze the upgrading scenario of WOMEN people by placing a special reference to the enacted policies, programs and other steps. It promotes the inclusion of these people into the field of business and another private wing of the employment sector. It focuses on Public commitment to WOMEN equality. Workforce protection, Inclusive benefits and Supporting inclusive culture & Corporate social responsibility. 
• National Commission for Women: It is established with the purview of monitoring the application of human rights and the prevention of violation of human rights. The cruel treatment towards women affecting their mental as well as physical health comes under the ambit of this body. It governs and regulates any complaint that arises thereof.
• National policy for the empowerment of Women, 2011: This policy was implemented to grant empowerment to women and that segment of the society which has been subject to violence and torture for so long. The motive is to uplift women and give them equal status in society. Any discrimination made, misconduct done or malpractices is in violation with this policy. 

They paved the way for the encouragement of women’s rights and established a new set of legislation to enhance society. By giving them the right to be recognized and treated equally, the law opens the door of opportunity for them. Yet, it is still inconvenient to say that the law has fulfilled its aim. Even after the implementation of the law of cruelty, the practice of discrimination prevails in our society. Women are being subjected to violence or torture caused by prejudice and stereotype mentality that hinders their progress. So, it is not wise to say that the law was able to bring the change for which it was implemented. Though it had been a major step taken to uplift women, there is still a far way to go.

Review of Literature

• A study on cruelty against married women and legal framework in India¹: It evaluated how domestic violence is rampant in India to suppress women. This research paper explored the ideals of cruelty. “The ideals include: Slow starvation, Repeated requests of share add up to cruelty, False charges in suit add up to cruelty, Repeated insults calling her revolting and maltreatment is cruelty, Neglect by spouse likewise sums to cruelty, Non-return of stridhan adds up to cruelty, Cruelty by the disapproval of infant girl”. It stated that – “The fundamental reason for acquainting section 498A with the Indian Penal Code was to shield women from marital torture. The section was made to battle the prejudice prevailing so far in society. This section was embedded to raise assumptions concerning the abetment of suicide by victim women”. To conclude, this research paper brought into light the challenges faced by married women with being subject to cruelty.

• Cruelty as a ground for divorce trends through ages: A study²: This literature reviewed how the legal system has made significant efforts to bring cruelty into the limelight. It suggested that – “the evolution of Cruelty as a ground of divorce was not prevalent before the codification of laws in 1955-1956. It was in the Renaissance period of 19th and 20th century that finally, movements were initiated to bring about a positive change in position of women. The reform movements and organizations started by Raja Ram Mohan Roy and Ishwar Chandra Vidyasagar created pressure which led to a change in the attitude towards marriage and divorce”. Overall, it explored how Indian society has changed over the decades and what areas are affected by the changes with special emphasis on Indian Renaissance and other social reform movements. 

1. International Journal of Pune and Applied Mathematics, Vol 119, No. 17, 2018, 1381-1396

2. ILJMH, Vol 1, Issue3, ISSN: 2581-5369, 2018

Judicial precedents

• In this case¹, The woman was being subjected to mental and physical cruelty by her husband the relative. She approached the court to seek justice and the Court held that women may file complaints if aggrieved by their husbands or any other relative under sec 498-A of the IPC.
• In this case², The husband was proven guilty of the charges including cruelty and domestic abuse and the court held that the divorce may not be the cure for matrimonial disputes but it may allow the lives to live again. The court granted judicial separation to both the parties on the ground of cruelty.

Suggestions

To address cruelty, it is important to find the root cause of the problem first. It requires a deeper analysis of the society and the customs that are being followed. It has been observed that the major loophole is the existing mentality of the society and ignorant behaviour towards existing law. The societal structure that promotes violence and inequality creates a different status for dominance which is the main hindrance. This research paper comes with suggestions of:

• Education: “To bring social change is to educate as many lives as possible”. Education holds the power to transform the thought-processing of people. If everyone is educated on how to treat a person without being subject to cruelty, this issue could be resolved.
• Legal Aid service: Many women couldn’t stand for themselves because they didn’t know about the remedy in law. The lack of legal aid resources implies another drawback for them. So, the state could employ legal aid resource persons to help them.
• Adequate support: Women are set aside by a large fraction of society. They are denied even the basic right of survival. This can be improved if the required support is being given to them.
• Reasonable accountability: The perpetrators must be held accountable for their actions and punished with actual punishment. 

1. Sandesh Madhukar Salunkhe v. The State of Maharashtra and Anr, Cr. Writ Petition No. 3936 of 2021
2. Parihar Priti V. Kailas Singh Parihar, 1978 (11) WLN 137

• Awareness among people: The people living in the society are not aware of the existing law for punishing malpractices, that’s why they do not feel any obligation to avoid the misconduct. 
• Eradication of prejudice: The backward mentality & stereotype behaviour promotes this practice till date. It not only hinders the social framework but also creates a gap between what has happened and what should happen. 
• Create structural support: The hierarchy of society includes the transmission of power, heritage & culture from one to another which makes it out-casted to introduce any other emerging community and give them recognition. Even after the established legislature or the judicial system, it will still be an absurd idea that the root cause remains untouched. 

 If every human can change a bit in themselves, it could lead to a better place. 

Conclusion 

The existing legal system has clearly stated the provisions but they lack when it comes to implementation and other practicalities. This can be resolved by providing legal aid resources to allow suppressed women to fight for their rights. Addressing cruelty against women requires a multifaceted approach. It demands strong legal frameworks, effective law enforcement, and accessible support services for survivors. But it also necessitates a cultural shift, challenging harmful stereotypes, and fostering gender equality. Education, awareness campaigns, and the empowerment of women are crucial steps towards creating a safer, more equitable world.

Ultimately, ending cruelty against women is not just a women’s issue; it is a human rights issue. It is a responsibility shared by all members of society. By working together, we can create a world where women live free from fear, violence, and discrimination. 

Law of Cruelty is one of the central jurisdictions which has been established to strive for equal treatment of all in terms of gender equality. It had thrived over the denial of many rights and privileges which were gender-biased and caused an inconvenient environment for the employees which was unsafe in terms of social security and also unhealthy to survive in it. So, the laws which were being codified in India majorly focused upon the essentials of safety and health security, equality to disseminate the biased line of right to live freely without being subject to any cruel treatment and not only this even at the international arena “Human Rights” has taken initiatives which prioritise upon enhancing the work opportunities, particularly for the vulnerable groups and the youth and a lot more to it. 

But the reality stands tall and harsh that even after all the initiatives stood out so fantastically in the books and codified jurisdictions still we experience that communities or vulnerable groups like “women” community are seen as apprehensive to enter the equal status as their acceptance on paper and in reality or practicality bridges a long gap. The stark observation is the frustrated reluctance that is posed by society and its prejudice. There are researches and statistics which have proven fact for the same. 

Henceforth this research paper throws light upon the loopholes like under-representation, passing degraded sexual remarks, bullying and public humiliation at higher rates which need to be rendered and new reforms or policies like non-discriminative programmes, creating support in the structural hierarchy of the society by raising awareness among the employed workers and youths, are to be implemented further by the occupational domain so that the legal system or the legal framework could not only act as a shield for them against the uncertainties that they face but also as a sword to quash down the prejudices and the loopholes. That the promotion and protection of all come to a bigger spectrum of society and the women gets equal recognition in the occupational domain.

“No law is ultimate and no person should be suppressed”.

BY:

ANSHU SINGH

3^rd YEAR STUDENT AT ASIAN LAW COLLEGE, NOIDA