Sabaa, a thirty(30) year old unmarried single woman staying away from her family for career. Neighbours residing in the same building started interfering in her life. Your plants are too many. Plants lead to spread of Dengue. During any home improvement one of the male neighbour keep coming, I would have done it at a low cost. But you should come to talk about it, “come over to talk”.
In another instance, Sarika, a doctor was staying alone after the death of her parents. A Labourer who has known her since teenage, trying to pursue her whenever she gets anything done at her house, be it electricity repair, be it plumbing, be it wall paint by asking “Why didn’t you give me this work?”,I have known you since childhood, so I cannot leave you. Your father has asked me to take care of you before their demise. But she doesn’t want him to keep coming to her.
Similarly, Srishti, a lawyer establishing herself and obligated by the ethics of her profession, always looking for opportunities but doesn’t have a constant source of income. Relatives and friends keep interfering “why don’t you find a job for you?”, “How do you get your money?”
Why Laws for Unmarried Women?
The aforementioned instances are tip of the iceberg of circumstances which many unmarried single women undergo. In the present article, the writer is highlighting five legal boundaries that every single woman should know to protect herself and life. This includes privacy, house, belongings, unwanted contact, and personal dignity.
Privacy of a Woman
The Supreme Court of India has recognized right to privacy as a fundamental right. Still, privacy is compromised when people start asking personal questions about income, bank balance, sources of income, marriage plans, jewellery, foreign travels, when are you going to have babies, and what not. In the name of becoming friendly or comfortable, they cross their boundaries and make the woman uncomfortable. Their curiosity leads to extraction of personal information which may lead to frauds, other uncomfortable situations.
House
No one has a voluntary right to ring the doorbell on the pretext of repairing their WiFi wire, brooming the shed, or anyone walking down the road, just because they decided to see her. Neighbours, labourers or others don’t have any right to enter the premises and enter any time they feel like. All these are excuses to stalk or trespass and invade privacy. Sometimes synch instances lead to damage of property or theft.
Belongings
Every house requires some maintenance or improvement when a painter, electrician, plumber are called. But if they come and start roaming in the house on the excuse, “I was checking the condition of paint”, “cleaning the room to help the women”, is not lawful. Such people touch the stuff of the woman, open it and sometimes steal it by putting it in the trash bag and carrying it with them. In such situations the house owner must not enjoy such services and simply say, “No”.
Unwanted Contact
Unwanted contact means repeatedly coming over and trying to talk by showing their expertise in something. It is forcefully trying to maintain interaction even if she does not want to. It includes calling her on the phone. Coming to her home and providing suggestions. Passing comments on house keeping.
Personal Dignity
Personal dignity is about taking decisions of the women with respect to her matrimonial status, her way of living, body shaming, commenting on her independence like a woman should not stay alone, or go outside. Spreading rumours about her life. Defaming her as insane, unreasonable, loner, giving advise to do this or that.
Laws regarding these five boundaries
There are several laws for women in India. Following are the main provisions under Bhartiya Nyaya Sanhita, 2023 that can be enforced to maintain healthy boundaries:
Section 75 of Bhartiya Nyaya Sanhita, 2023
Section 75 deals with Sexual Harassment. If a man commits any of the following acts said to have committed the offence of sexual harassment.
i) physical contact or attempts to approach a woman in a clearly sexual manner;
ii) demand or request for sexual favours;
iii) showing pornography against the will of a woman;
Or
iv) makes sexually coloured remarks. These are comments, jokes, phrases with double meaning, backed by sexual inclinations.
For first three categories punishment may go upto three years along with fine. For last category punishment may go upto one year along with fine.
Section 78 of Bhartiya Nyaya Sanhita, 2023
Section 78 deals with stalking. It covers physical stalking, if a man follows a woman and contact repeatedly so that the women get comfortable with him and foster personal interaction even after complete denial or disinterest by the women said to commit the offence of stalking. Also, it covers stalking on social media. If any man monitors the use of email, internet, or any other means of electronic communication by a woman without any legal authority commits the offence of stalking.
Then men can evade liability if he can show that
(i) the stalking was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
(ii) the stalking was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
(iii) in the particular circumstances such stalking either physical or on social media was reasonable and justified.
For the first time the punishment can be imprisonment either simple or rigorous upto three years along with fine.
In second or third or any subsequent conviction the punishment can be imprisonment either simple or rigorous upto five years along with fine.
Stalking is basically continuing nature. If a woman didn’t register a complaint on that date itself, she can register after a few days also.
Section 79 of Bhartiya Nyaya Sanhita, 2023
Section 79 deals with words, gestures or acts intending to outrage the modesty of women. If anyone wilfully insults, violates, or offends a woman’s sense of dignity, decency, privacy, confidence is said to have outraged the modesty of that woman. It is the invasion of privacy with the intention of insulting her modesty or dignity. For the protection of privacy and personal dignity this provision can be invoked. This covers shouting in the public as well.
This provision attracts imprisonment of upto three years. Imprisonment may be with fine also.
Section 303 of Bhartiya Nyaya Sanhita, 2023
Section 303 deals with theft. According to this section, if anyone takes away anything from the possession of someone without any permission is said to have committed theft. If anyone comes to the house of a woman and takes away anything on a belief that she stays alone so will not be able to do anything against him can be booked for theft.
Section 329 of Bhartiya Nyaya Sanhita, 2023
This provision says if any one goes inside the property possessed by someone or over the property to intimidate, insult, or annoy the person who stays there or possesses the property is said to criminally trespass the property. Initially he would have gone innocently, but staying there even when the person who stays asks him to go, and intimidating, annoying is also equally liable. If this trespass is done on any building, tent, or vessel (ship) is said to have done house trespass.
Punishment for house trespass is imprisonment either simple or rigorous which may extend to three months. Fine imposed may go upto five thousand rupees.Trespasser may face both imprisonment and fine.
Solutions to protect these five boundaries
Everyone has the right to privacy. A stranger, relative, friend, colleague has no right to know about the way of sustenance or survival of any woman. If someone engages with this repeatedly, then try to create a distance. If it doesn’t work take the help of women helpline (1091) or 112 for Police.
Entering in house repeatedly on any excuse or force may attract provisions of criminal trespass and House trespass under Section 329 of Bhartiya Nyaya Sanhita, 2023.
A Five Step Safety Measure
A quick five step formula that may save mental agony and stress is as follows:
- Set the healthy boundaries. Start by following on your own. It can be limiting interaction with others who stay in direct vicinity. If someone is trying to talk unnecessarily from some other place, by not responding. If anyone is calling at night, simply telling them don’t call me or chat with me at night.
- If someone keeps trying to extract information regarding money, finance, education, office or family members. Tell them they don’t cross the boundary. If they follow on social media then block them without guilt.
- Keep a good memory phone to record photos, or other patterns, notes, dates and time for future.
- Keep at least anyone informed of this preferably over email.
- Don’t shy away from taking any action through any forum. At least take a first step even when you lack evidence.
Conclusion
If a woman is unmarried, it does not mean she is answerable to all for everything she does. Law clearly recognises the boundaries, privacy, and dignity of everyone. Criminal law is not based on marital status. Society treats unmarried and married women differently. This discrimination leads to harsher life and bitter experiences.
Law provides protection to life, limb, property of every human being. Sometimes some people try to take undue advantage of a single woman just to control her. For well earning women it becomes way more difficult as they have a lot of work related stress. Toxic people around try to take undue advantage on the pretext of helping or by manipulating that neighbours are first family before the relatives. Even if a woman does not require any help, they will keep coming on any pretext. Every unmarried woman should know such things.
Independence is not limited to earning well. Independence is about taking control of our life. True independence is about taking ownership of one’s house, relationships, career choices, marital choice.
No unwanted, unwelcome or unreasonable interference by anyone must be tolerated, even if they are experts in any field. Professional expertise does not give anyone unrestricted access to anyone’s life and property.
Being unmarried and single does not mean answerable, available or accessible to everyone.
