‘ALL OF US SHOULD MAKE OUR SUCCESSION PLAN, WE SHOULD MAKE OUR WILLS’

Priya Sahgal in conversation with Aishwarya Bhati, ASG at ITV Group’s Shakti Awards 2022 and the We Women Want conclave-

Q: Thank You Aishwarya for joining us and we had many conversation with you but first as Additional Solicitor General so we congratulate you for that good to see you here and in fact you just heard a conversation around the medical do’s and don’ts you know that every women should be aware of I want to talk to you about the legal do’s and don’ts you know if there are some laws that we don’t know that work in our favour so in terms of educating people I think the main areas where the women faces needs help could be either in a marriage or may be sexual harassment at work place, so first in terms of marriage, domestic violence, can you educate our audience as to their rights?

A: Thank you! For having me, I think if we divided into two verticals you know a women at home and a women out of home I think that would be a easier way to deal with it, if we speak about a women at home, laws are very many but if we could touch some of the verticals that are extremely critical for women to know in terms of their rights their duties and you know in the home this is first very significant to understand that despite the fact that we are all governed by our personal laws in our marriages we don’t have a uniform law that wants all of us so to speak because our personal laws are still paramount when it comes to the matrimonial matters, there are still extremely critical gender neutral laws which are there to help out women who may be facing domestic abuse, violence, assault, harassment of any kind the topmost of that is the Domestic Violence Act, 2005, which is hybrid act so it starts of like a civil act and then it converts into criminal consequences so that way it cuts across all personal laws so it is a law that is available to all there are also sections in the Indian Penal Code with regard to mental cruelty that a women may facts that’s 498A, there is CrPc provision of maintenance i.e., 125 CrPc very old one but Domestic Violence Act has sought of become one stop shop for and this is interesting because its just not covered just women in marriages but it covers women in all Domestic relationships so weather you are a mother at home you are a daughter at home, you are a daughter-in-law at home, sister-in-law at home, it covers everyone who is in a domestic relationship, it allows for your rights to be safeguarded in terms of yours protection homes, maintenances, economic stability it deals with sexual abuse. Emotional abuse, physical abuse, financial abuse so it’s a very comprehensive law I think that’s is something that we all should know about and you use it whenever required also with the intervention of some governmental scheme in terms of Supreme Court judgements there are one stop centres available in every district across the country, there are district legal aid committees which are there in every district across the country in some places its right up to the taluka level but district legal aid committees are available and otherwise legal aid is available only on your financial condition if you deserve that you know in terms of your financial condition then only you get it but for women in child related issues it is available irrespective of your economic capacity so I think that help should be taken, I also think its important with more women working making their own living I think its important that all of us should make our succession plan we should make our wills so that we are determined you know we determine how our legacy is to be devolved how it should go into because we are again caught up in personal laws there are then adoption related issues every women has the right to adopt a child irrespective of the matrimonial status so there are very progressive laws that have now you know come into our domestic fields and if we talk about the field outside the home.

Q: Domestic violence now what happens is if you want to repost a case of a domestic violence very often the husband comes out in the few months maximum a few years and then he comes and takes revenge you know in the morning we had a session with the victims who had acid attacks and they were telling us how they complaint about the husband and you know he was behind bars within two years he came out and then they are worried about revenges, rape cases we have the same problem also?

A: So,Priya Ji, unfortunately, the System of rule of law the justice delivery system takes time but there are mechanisms in place so that the women has the financial comfort she has the help of a Nyaya Mitra, which is a legal paralegal help which is available through these one stop centres, medical assistance if she requires.

Q: What is the Nyaya Mitra can you tell us?

A: So Nyaya Mitra, what is contemplated is somebody who’s a paralegal who is legally trained but you know not a compete lawyer but a bridge between the legal assistance that the women might require so she has better access to the justice delivery mechanism now you know relationships that are hunky to read that they don’t have problems, problems are there you know when there’s refusal from the other side so I think when you are running into trouble I think it’s important for us to be stronger to seek support to seek help and be determined about fighting its true, the systems are emplaced there is help that is available you just need to reach out for it.

Q: Issue of marital rape also, I believe there is no law against marital rape if I may be corrected, so how does a women deal with that?

A: So, I’ll correct you a little Domestic Violence Act deals with sexual abuse so that is a hybrid law that already makes sexual abuse as a matrimonial wrong which can convert into some criminal consequences also if there is violation to the protection order, restrained orders etc that could be passed under the Domestic Violence Act. However, under the IPC there is an exception so under the IPC sexual intercourse of ab married man with his own wife is not treated as a marital rape of course the matter is sub judice, like I hold a important position as a Law Officer of a Union Government so I refrain from speaking about these things which I will have to be dealing with in court but just as a way of passing reference I think we have far bigger problems in terms of you know if client comes to our office not I mean we have to as lawyers we have to ask them dud you get married in Hindu religion of you know in Islamic religion, Christian religion or how did you get married I think we need to stop asking those questions our rights our duties and responsibilities should be gender neutral and religion neutral what is this that we and its just matrimonial laws that are still confined in that corner of know being delt by personal laws.

Q: Well, I think the correction is happening in the Uniform Civil Court is on its way if I am not wrong, okay regarding property inheritance also you know the women rights to a large extent have been you know she gets equal rights but is there anything else we don’t know and you would like to share with us the finer points?

A: Yes, see I absolutely feel that see succession laws will apply if a person has not made his will so if the testamentary document has been made by the person then the testamentary document alone which is a will testamentary document is nothing but a will so that is why I recommend to every women and every man also if you have got any legacy, if you have made any property if you have own anything please make sure that you make a will, you just need to have two witness to that will and that’s it, it need not to be a registered will, you just make that will and you can registered it if you like I mean its optional always but its not mandatory for that will to be registered but please make a will whatever you want done with your property should be determined by you.

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