There is evidently a very confusing situation when a wife / spouse discovers that her counterpart is a tobacco user which she mentally does not accept as a habit in the normal go of life after marriage. In India, most of the marriages, whether arranged or loved, experience a lot of ambiguity about the habits and behaviors of their partners. In such cases the wife is entitled to exercise her rights and legal options to protect her body (health), person and self respect. Wife can take the redressal/ aids available and/ or counselling and treatment options so that her life becomes normal and humane.
Let’s take a look at the protections provided under the Fundamental rights that are enshrined in Part III (Articles 12 to 35) of the Constitution of India.
- Right to equality (Articles. 14-18): includes equality before the law, the prohibition of discrimination on grounds of religion, race, caste, gender or place of birth, equality of opportunity in matters of employment, the abolition of untouchability and abolition of titles.
Article 14, backs women and their rights in the country. It ensures women equality and equal protection of the laws. Article 15(3) empowers the state to take affirmative action in favour of a daughter-in-law:
- The Hindu Adoptions and Maintenance Act, 1956, entitles wives a basic right to reside in the matrimonial/ marital household.
- A married woman has the right to have a committed relationship: that is based on affirmative honesty in relationship and understanding.
- A wife has the legal authority to live with proper dignity and self-respect with her in-laws: hence a wife can not be treated with indifference and inhumane way or against her will to object perceivable harm to her body, property or repute/ emotion.
2. Right to Freedom (Articles. 19-22): includes freedom of speech and expression, assembly, association or union or cooperatives, movement, residence, and right to practice any profession or occupation.
3. Right to Constitutional Remedies (Articles. 32-35): is present for enforcement of fundamental rights.
When it is presumably found that the spouse or his family members defend the wrong action of tobacco abuse, the wife has the options to exercise her access to legal provisions that can be compounded as a recourse to the problem of correcting a tobacco user husband:
as per the Protection of Women from Domestic Violence Act (PWDVA), instituted in 2005, is a legislation aimed at protecting women from violence in domestic relationships.
- The definition of domestic violence is well written and wide-ranging and holistic. It covers, mental as well as physical abuse, and also threats to do the same. Any form of harassment, coercion, harm to health, safety, limb or well-being is covered. Additionally, there are specific definitions for the following:
Physical abuse: Defined as act or conduct that is of such a nature as to cause bodily pain, harm, or danger to life, limb or health or impair the health or development of the aggrieved person’.
The definition of “aggrieved person” includes any woman who is or has been in a domestic relationship with the respondent and who alleges to have been subjected to domestic violence by them. (See Section 2(a) of the PWDVA)
The definition of “respondent” includes any adult male who has been or is in a domestic relationship with the aggrieved woman, and against whom the woman has sought a relief or any male or female relative of the husband or male partner of a married woman or a woman in a relationship in the nature of marriage.
The definition of “domestic relationship” is any relationship 2 persons have lived together in a shared household and these people are:
- related by consanguinity (blood relations)
- related by marriage.
- Though a relationship in the nature of marriage (which would include live-in relationships)
- Through adoption
- Are family members living in a joint family.
The definition of “child” is any person below the age of eighteen years, and also includes foster, adopted, or step child.
Further India is a leading member state with WHO FCTC (Framework Convention on Tobacco Control) and in our country, Children and wife is protected under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act/ COTPA 2003, the Act that was enacted by the Parliament to give effect to the Resolution passed by the 39th World Health Assembly, urging the member states to implement measures to provide non-smokers protection from involuntary exposure to tobacco smoke.
The most effective way to address such cases is social counselling through family participation and adoption of all available protocol for psychological and physiological treatment of the patient.
ICanCaRe is the only organization in the world to have formulated 3600 approach for social and medical remediation of tobacco addiction, disease and cessation through medical, social and legal framework implementation under expert supervision and advice through online and personal consultancy and support.
