What Steps Should Be Taken If A Woman Is Being Harassed By Her In-Laws?

Marriage signifies a significant change in a woman's life. Ideally, it should bring a new phase of love, partnership, and family. However, for many women in India, it can bring some challenges, including harassment from in-laws. This can be extremely distressing and comes in various forms, causing deep emotional, mental, and sometimes even physical harm. So here, we are going to learn about the features of harassment and what one can do is essential for a woman's safety, dignity, and her ability to seek justice.

In this article, you will understand,

• What Constitutes Harassment By In-Laws?
• Learn Immediate Steps a Woman Facing Harassment Can Take.
• Discover Legal Remedies for a Woman Facing Harassment.
• Discover Additional Resources to curb Harassment.

Understanding "Harassment" Faced By Women

"Women facing harassment" refers to a wide range of unwanted and unwelcome behaviors that are offensive and directed towards individuals based on their gender. It can take many forms and can create a hostile, degrading, intimidating, or offensive environment for the woman. One must understand that this act is not limited to being physically attacked, and it can also come in the form of verbal, non-verbal, and psychological tactics that degrade a woman's dignity, safety, and well-being.

Definition of Harassment as per POSH Act, 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is known as the POSH Act. It was designed to provide a complete framework to govern sexual harassment. In Section 2(n), sexual harassment is defined to include any unwelcome act or behavior, whether directly or indirectly, including physical contact and advances, demands or requests for sexual favors, sexually colored remarks, showing pornography, and any unwelcome physical, verbal, or non-verbal conduct of a sexual nature. The emphasis is to protect women's dignity and ensure that they are not subject to conduct that vilifies their rights or safety.

In addition, Section 3(2) of the Act also recognizes specific workplace-related situations that may amount to sexual harassment if they relate to such conduct. These situations include, but are not limited to, making either an express or implied promise of preferential treatment, or threatening a detriment regarding her employment or employment prospects. It also recognizes situations that may interfere with the ability of a woman to carry out her work, or situations that cause a woman to feel that she is in a hostile, intimidating, or offensive working environment. Humiliating treatment, which might cause harm to a woman's physical or mental health, is also noted as a serious issue. The POSH Act thus reinforces both the behavioral and situational aspects of harassment, positing that there are safe and respectful work environments.

How Women Face Harassment in day-to-day Life?

It can occur anywhere: in the workplace, in schools, on public transport, on the street, in a park, at a store, online, and even at home (e.g., harassment from in-laws). The harasser's objective may range from seeking dominance and control to displaying bias/mistreatment or even expressing what they characterize as "teasing" or "jokes." However, the meaning is conveyed by the individual receiving the harassment.

The recognition of harassment is extremely important, as it is involved in the often finely grained context of specific family relations and culturally defined understandings, not to mention more general definitions on the basis of gender.

Official Crime Statistics (NCRB Data, 2022)

Official crime data is as follows:

• Total Reported Crimes Against Women (2022): 4,45,256 cases, equivalent to about 51 FIRs every hour.

Main Categories of Crimes Against Women:

• Cruelty by husband or his relatives (domestic violence): 31.4% of cases.
• Kidnapping and abduction: 19.2%.
• Assault with intent to outrage modesty: 18.7%.
• Rape: 7.1%

Survey-Based Statistics (NFHS-5, 2019–21)

• Ever-Married Women Experiencing Intimate Partner Violence (IPV): 29.95% overall.
• Physical Violence: 26.47% (88.38% of those experiencing IPV).
• Emotional Violence: 11.85% (39.56% of those experiencing IPV).
• Sexual Violence: 5.15% (17.21% of those experiencing IPV)
• Physical, Sexual, or Emotional Violence by Current/Former Husband: 32% of ever-married women.
• State Prevalence: Karnataka (48%), Tamil Nadu (41%), Bihar (39%), Telangana (38%) have the highest reported rates of physical violence among women aged 18–49.

Understanding What Constitutes Harassment By In-Laws

Harassment within the marital home, perpetrated by in-laws, is a multifaceted problem that can erode a woman's sense of security and well-being. Recognizing the various forms this harassment can take is the crucial first step towards acknowledging the abuse and seeking redressal:

The Invisible Scars: Mental and Emotional Abuse

Since this form of abuse is psychological, it is often harder to see and can lead to far-reaching psychological impacts. Psychological abuse includes a wide variety of actions that the abuser uses to demean, control, or isolate the woman. Some of the illustrative behaviors are: telling her she is ugly or unattractive; demeaning her cooking, household skills, or family of origin; failing to acknowledge her achievements; denying her opinions on matters; public or private derision and humiliation; threats of abandonment, divorce, or harm to her and her children; controlling all aspects of her connections with the outside world as to who she talks to and when, and when we see her; intentionally isolating her from all family and friends of origin; and creating an environment of intimidation and fear. The cumulative effects of these forms of abuse can contribute to significant psychological issues, including depression, anxiety, and post-traumatic stress disorder, and a profoundly diminished sense of self-worth.

The Violation of Bodily Integrity: Physical Abuse

This is the most overt and undisguisedly illegal type of harassment. It involves any type of physical contact that is not consensual and can include anything from minor acts like pushing, shoving, and slapping to more serious acts of beating, kicking, or other violent actions. Physical abuse touches on a woman's right to bodily safety and autonomy. It is a serious criminal act under the Bharatiya Nyaya Sanhita, 2023 (BNS).

The Chains of Dependency: Financial Abuse 

Limitations on a woman's access to her own financial resources can be a strong source of manipulation and oppression. Financial abuse by in-laws can manifest as limitations on her access to her earnings, taking her earning and placing it in another account, mismanaging her money without her authority, coercing her to hand over any gifts or inheritance she might receive, limiting her job options or employment opportunities, or if she refuses to cooperate with their financial demands, deliberately depriving her of basic needs such as food, clothing, and medical care. Economic control can make a woman completely reliant on her abuser, making it virtually impossible for her to leave the abuse.

The Shadow of an Outlawed Practice: Dowry-related Cruelty 

Even with the passing of the Dowry Prohibition Act, 1961, which prohibits the giving and taking of dowry, the problem of demands for dowries and the associated cruelty against women (be it harassment and/or emotional torture, physical violence, or, lamentably, profit-taking death) appears to endure. The requisite component of a dowry demand defined by Section 498A of the Indian Penal Code (IPC), 1860 [Section 85, BNS], makes it a criminal act of cruelty by the husband or any relative of the husband with the intention of coercing her or any relative of her to meet his unlawful dowry demands.

As articulated under Section 498A, the physical, emotional, and financial cruelty associated with a dowry demand reveals both the nature of abuse tied to dowry demands within Indian society and the unmistakable socio-cultural scourge of dowry demands.

The Weapon of Words: Verbal Abuse and Threats 

Constant yelling, shouting, using derogatory and insulting language, name-calling, and threats of violence, being thrown out of the home, or other negative consequences create a situation where victims feel a sense of fear and hostility. Verbal abuse can be hurtful to women's self-esteem and also a precursor to other abuse.

The Erosion of Reality: Gaslighting and Manipulation

This subtle but devastating type of emotional abuse involves the abuser manipulating the victim's sense of reality. The in-laws can deny that any abusive acts ever took place, distort the woman's words and actions, make her think that she imagined it or is going crazy, or always make her think it is her fault. Whatever they do, their intent is to make to doubt her sanity, memories, and judgement so she becomes more reliant on the abuser and is dissuaded from seeking help.

Recognizing these distinct yet often overlapping forms of harassment is the first crucial step for a woman to acknowledge that she is being abused and to begin the process of seeking help and justice.

Immediate Steps A Woman Can Take

When confronted with harassment from in-laws, a woman's immediate priority should be her safety and well-being. Taking the following steps can provide crucial initial support and lay the groundwork for future action:

Seek Solace and Validation: Talk to Someone You Trust

The isolation typically associated with abusive situations can have serious consequences for you. Speaking out against the silence by confiding in a trustworthy friend, a supportive family member (parents, siblings, close relatives), or a religious or community leader can help to give you emotional comfort; provide some validation that what is happening to you is wrong; and possibly give you practical support as well. It is also very important to have someone else who knows about your situation in case you may need emergency assistance or if you later choose to pursue a legal resolution; their testimony may also be needed.

Document the Abuse: Collect Evidence Systematically

In cases of harassment, evidence is key. Begin meticulously documenting every instance of abuse, no matter how seemingly small. This record should include:

• Precise Dates and Times: Note down the exact date and time each incident occurred.
• Detailed Accounts: Write a factual and objective description of what happened, including the specific words used, actions taken, and the context of the incident.
• Identification of Perpetrators: Clearly identify the in-laws involved in each instance of harassment and their specific roles.
• Physical Evidence: If you have sustained any physical injuries, take photographs immediately. Preserve any damaged clothing or objects. Obtain copies of any medical reports or prescriptions.
• Digital Evidence: Save any abusive text messages, emails, social media posts, or voicemails.
• Financial Records: Keep copies of any relevant financial documents that demonstrate financial abuse, such as bank statements, withdrawal slips, or demands for money.
• Witness Accounts: If anyone witnessed the harassment, note down their names and contact information.

Store this evidence securely, where your in-laws cannot access, tamper with, or destroy it. This documentation will be invaluable if you decide to pursue legal action.

Find Strength in Solidarity: Reach Out to Support Groups and Helplines 

Reaching out to women's support groups, domestic violence helplines, and organizations that assist abuse victims is a great form of empowerment. It can be validating to speak with those who have been through something similar and receive emotional support, practical advice, and information on additional resources. Many of the NGOs and helplines provide confidential and non-judgmental support, as well as offer support in safety planning and legal advice.

Legal Remedies Available In India

India's legal framework offers several avenues for women facing harassment by their in-laws, providing mechanisms for protection, redressal, and holding the perpetrators accountable:

The Shield Against Cruelty: Filing an FIR under Section 498A IPC

Section 498A of the IPC [Section 85, BNS] is a very special legal provision that deals exclusively with the offense of "Cruelty by husband or relatives of husband". In appreciating the unique vulnerability of a woman living in her husband's home, it criminalises a very wide variety of conduct that constitutes cruelty. This is a cognizable offense, which means that upon a credible complaint, the police are required to register an FIR; the accused can then be arrested without a warrant. The non-bailable nature of this offense is a serious statement by law, making the act of cruelty so serious.

Defining Cruelty under Section 498A

• Conduct Driving to Suicide or Causing Grave Harm: Any intentional behavior that can trigger impending suicide or cause severe bodily injury, danger to life or limb, or serious mental injury is included in the definition of cruelty. It accepts the idea that persistent harassment has serious psychological effects.
• Harassment for Dowry Demands: This section tackles the insidious issue of dowry. Any harassment to coerce the woman or her relatives to comply with an unlawful demand for property or valuable security, and any harassment for or on account of failing to comply with the unlawful demand, is treated as cruelty under this Act.

The Process of Filing an FIR under Section 498A

1. Jurisdictional Police Station: Approach the police station that has jurisdiction over the area where the harassment occurred or where the woman currently resides.
2. Detailed Narration: Clearly and factually recount the specific incidents of harassment to the police officer on duty. Provide them with the evidence you have collected, including dates, times, specific actions, and names of the perpetrators.
3. Demand Registration of FIR: The police officer is legally obligated to register your complaint as a First Information Report (FIR). Insist on receiving a copy of the FIR, which will contain the date, time, FIR number, and details of your complaint. This is a critical legal document.
4. Medical Examination for Physical Injury: If you have suffered any physical injuries as a result of the harassment, immediately request a medical examination at a government hospital. The resulting medico-legal report (MLR) will serve as crucial corroborative evidence

Also Read : How To Withdraw A 498A Case?

The Broader Protective Umbrella: Protection Under the Domestic Violence Act, 2005

The Protection of Women from Domestic Violence Act, 2005 (DV Act), provides a more robust framework against domestic violence in all forms, including emotional, verbal, sexual, and economic abuse, in the context of a "domestic relationship," which comprises individuals who live together or have lived together in a shared household. The DV Act is particularly relevant to harassment by in-laws, where an individual has lived or is living under one roof with their partner's family.

Key Provisions and Available Reliefs under the DV Act:

• Defining Domestic Violence (Section 3): The DV Act defines domestic violence in a broad way that includes not only emotional and verbal abuse ("insults, ridicule, humiliation, name-calling conduct which causes emotional distress"), and economic abuse (deprivation of financial or economic resources), but also physical and sexual abuse. It is not uncommon for harassment by in-laws to be covered by emotional, verbal, and economic abuse.
• Protection Orders (Section 18): The Magistrate can issue Protection Orders making orders restraining the abusive in-laws from committing further domestic violence, prohibiting them from entering the shared household or other specified place frequented by the woman, prohibiting them from coming into contact with, communicate with or intimidate the woman and/or any of her relation.
• Residence Orders (Section 19): The court may issue a Residence Order, which acknowledges the value of a safe living environment in the context of housing law, giving the woman a right to reside in a shared house despite her lack of legal ownership and restraining the in-laws from depriving her of possession and interfering with her possession.
• Monetary Relief (Section 20): The court can order the abusive in-laws to provide monetary compensation to the woman for the expenses incurred as a result of the domestic violence, including medical expenses, loss of earnings, and damage to property.
• Custody Orders (Section 21): In cases involving children, the court can grant temporary or permanent custody of the children to the woman.
• Compensation Orders (Section 22): The Magistrate can order the in-laws to pay compensation to the woman for the mental anguish, emotional distress, and suffering caused by the domestic violence.
• Right to Legal Aid (Section 12): The DV Act ensures that women who are victims of domestic violence have the right to free legal aid to assist them in navigating the legal process.

Seeking Protection under the DV Act:

1. Approach the Magistrate: File an application before the Magistrate having jurisdiction over the place where the woman resides, where the domestic violence occurred, or where the shared household is located.
2. Seek Assistance from a Protection Officer: Protection Officers, appointed under the DV Act, play a crucial role in assisting victims with filing applications, arranging for medical examinations, and providing information about available legal and support services. You can contact the local Protection Officer for guidance.
3. Engage Legal Counsel: Hiring a lawyer who specializes in domestic violence cases is highly recommended to effectively present your case and navigate the legal complexities.
4. Present Evidence: Submit all the evidence you have collected to support your claims of domestic violence.

Addressing the Root Cause: Dowry Prohibition Act, 1961

While Section 498A IPC addresses the cruelty that occurs after marriage in connection with dowry demands, the Dowry Prohibition Act, 1961, aims to eradicate the very practice of giving or taking dowry.

Key Provisions:

• Prohibition of Giving or Taking Dowry (Section 3): This section criminalizes both the act of giving and the act of taking dowry.
• Demand for Dowry (Section 4): Directly or indirectly demanding dowry is also a punishable offense.

If the harassment you are facing relates to a demand for dowry specifically, you can complain under this Act to the police or you can complain to the Magistrate directly. This does not deal with the demand for dowry specifically but will identify the cause of the harassment related to dowry and can be used alongside Section 498A IPC and the DV Act to provide ample court intervention/recourse.

Also Read : Dowry Laws In India

Accessing Crucial Support Systems: Additional Resources

Beyond the formal legal framework, various organizations and helplines offer invaluable support and assistance to women experiencing harassment:

The National Lifeline: National Commission for Women (NCW) Helpline

The National Commission for Women (NCW) is a statutory body in India that works for the rights and interests of women in India. They have a helpline, as well as assistance, guidance, and redressal options for complaints of domestic violence or abuse. Their toll free number is 112. 

A Toll-Free Lifeline: Women’s Helpline Number (181) 

This is a 24/7, toll-free emergency hotline operating in most states in India, providing immediate help, information, and referral services to all women in crisis, whether domestic violence, harassment, or other forms of distress. Save this number, and do not hesitate to use it whenever necessary.

Local Networks of Support: Non-Governmental Organizations (NGOs) 

Many NGOs across India are working hard to aid survivors of domestic violence. They have many different services to offer, including safe housing, counseling (emotional and legal), access to welfare assistance, and advocacy. A local NGO can be a very important source of support on the ground. You can search online or call the NCW or your State Women's Commission for a list of local NGOs that are reputable.

State-Level Advocacy: State Women's Commissions 

Each state in India has a State Commissions for Women that serve as a body to address women's rights issues, investigate harassment and discrimination complaints, and suggest policy changes. Their contact information can be found on the state government website.

Conclusion

Abuse by in-laws can be a traumatic and completely unacceptable experience. Women suffering abuse need to remember that they are not alone, and there are many resources and systems to assist them. It is essential that women take control of their safety, keep records of the abuse, and enlist help from people and organizations that they trust. It is necessary for women to thoroughly understand their legal rights with regard to Section 498A IPC, the Domestic Violence Act, 2005, and the Dowry Prohibition Act, 1961, in order to both seek protection and justice. 

With the resources that helplines and NGOs provide, women have access to the tools they need to escape abuse and reclaim a life of dignity, safety, and respect. Make sure to remember that seeking help is courageous, and everyone deserves a life free from harassment or fear.

FAQs On Harassment By In-Laws

A few FAQs are:

Q1. What actions by in-laws constitute harassment under Indian law?

Harassment by in-laws can encompass a wide range of actions, including mental and emotional abuse, physical violence, financial exploitation, dowry demands and related cruelty, verbal abuse, threats, gaslighting, isolation, and any behavior that causes distress and coercion.

Q2. What is the significance of Section 498A of the Indian Penal Code in cases of in-law harassment?

Section 498A IPC specifically criminalizes cruelty by the husband or his relatives towards a woman, particularly in the context of dowry demands and harassment that can lead to suicide or grievous harm. It is a cognizable and non-bailable offense.

Q3. How does the Domestic Violence Act, 2005, protect women from harassment by their in-laws?

The DV Act provides a broader definition of domestic violence, including emotional, verbal, and economic abuse, and offers various protective remedies such as protection orders, residence orders, monetary relief, and compensation, applicable within a domestic relationship.

Q4. What immediate steps should a woman take if she is being harassed by her in-laws?

Immediate steps include talking to someone trusted, collecting evidence of the harassment (dates, details, photos, recordings), and reaching out to support groups or helplines for emotional and practical assistance.

Q5. How can a woman file a legal complaint against harassment by her in-laws in India?

A woman can file a First Information Report (FIR) at the local police station under Section 498A IPC or file an application before a Magistrate seeking protection and other reliefs under the Domestic Violence Act, 2005. Complaints related to dowry demands can also be filed under the Dowry Prohibition Act, 1961.

Q6. What types of evidence are crucial when reporting harassment by in-laws to the authorities?

Crucial evidence includes detailed written accounts of incidents with dates and times, names of the abusers, photographs of any physical injuries, recordings of verbal abuse or threats (if legal), relevant financial documents, and any witness testimonies.

Q7. Where can a woman in India access immediate help and support if she is facing harassment by her in-laws?

Immediate help can be accessed by calling the national Women's Helpline number (181) or reaching out to local NGOs, women's support groups, and the National Commission for Women (NCW) helpline.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. For personalized legal guidance, please consult with a qualified family lawyer.